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HomeMy WebLinkAbout1990 Special Provisions Project 51004 51005* COPY N0. Optional CITY OF BAKERSFIELD CALIFORNIA NOTICE TO CONTRACTORS SPECIAL PROVISIONS BID PROPOSAL AND CONTRACT FOR MEDIAN MODIFICATION ON CALIFORNIA AVENUE, TRIEI~TUN AVEENUE, MINE AVENUE AND WHITE I~~NE AT Vi~RIOUS LOCATIONS § BID OPENING: IaATE MAY 24, 1990 TIME 2:00.PM. PROJECT N0. 51404, 51005 , . . ~~t~~ tf YYY r~ y~ ~ y V V ~f~ a+ S r .~i r ~ + ~+y IMP OF PUBLIC WORKS ~ CITY OF B~~ERSFIELD 1501 TRU ` AVENUE ESP. B~ERSFIELD, CA 93301 ~ - G I ~ Telephone: (805 326-3724 , '~4 °y ~ ~fi.C~-~~ D21:51004 JL:wrrr~ SECTION 2. PR~JPOSAL REQUIREMENTS 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 MAY 24, 1990 1. sealed proposals for DIAN MODIFICATION ON CALIFORNIA Ate, TRUXTUN AVENUE, MING AVENUE AND WHITE ME LANE AT VARIOUS LOCATIONS. 2-1.02 APPROXIMATE ESTIMATE. The Engineer's estimate of the antities of work to be done and materials to be furnished are approximate only, ~ ~ the c arison of bids, and the City of Bakersfield being given as a basis for omp 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 E<~AMINATION OF PLANS, SPECIFICATIONS, SPECIAL PRO~lISIONS, AND SITE OF WORR. The bidder is required to examine carefully the site of work, the roposal, plans and specifications, and contract forms. It will be assumed that p 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 s cial rovisions, and the contract. It is mutually agreed that the submission I~ p of a proposal shall be considered prima facie evidence that the bidder has made such examination. 2-1.04 REJECTION OF PROPOSALS C(XVTAINING ALTERATIONS, ERASURES OR IR1f~EC~JLARITIES. Proposals may be rejected if they show any alterations of .form, additions not called for, conditional or alternative bids, incomplete bids, erasures or irregularities of any kind. Proposals in which the prices obviously are unbalanced may be rejected. The ri ht is reserved to reject any and all proposals and waive any g irregularity. 2-1.05 PRpPO~SAL FORM. All proposals must be made upon blank forms to be obtained from the Purchasing Officer, the form of which appears herein i~nediatel following these special provisions. All proposals must give-the Y rices ro sed, both in writing and figures, and must be signed by the bidder, p p ~ with his address. If the proposal is made by an individual, his name, telephone number and st office address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the names of the state under the laws of which the corporation was chartered and the names, titles, and business addresses of the president, secretary and treasurer. D21:51004.4 -4- JL:wrn 2-1.06 BIDDER'S GUARANTEE. All bids shall be presented under sealed cover and shall be accompanied by a Proposal Guaranty made payable to the City of Bakersfield, for an amount 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. 2-1.07 REQUIRED LISTING OF PROPOSED SCJBCONTRACTORS. Each proposal shall have listed therein the name and address of each Subcontractor to whom the bidder proposes to subcontract portions of the work in the amount of 1/2 of one percent of his total bid or $10,000, whichever is greater, in accordance with the Subletting and Subcontracting Fair Practices Act, con~tencing with Section 4100 of the Public Contract Code. The bidder's attention is invited to other provisions of said Act related to the imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions. A sheet for listing the Subcontractors, as required herein, is included in the Proposal. 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 PROP~~SALS. 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 anew 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 PROPOSALS. Proposals will be opened and read publicly at the time and place indicated in the "Notice to Contractors." Bidders or their authorized agents are invited to be~present. 2-1.11 RELIEF OF BIDDERS. Attention is directed to the provisions of Public Contract Code Sections 5100 to 5107, inclusive, concerning relief of bidders and in particular to the requirement therein, that if the bidder claims a mistake was made in his bid, the bidder shall give the Department written notice within 5 days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred. D21:51004.5 -5- JL:wrn 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 1101, with any public entity, as defined in Section 1100, including for the purposes of this article, the Regents of the University of California or the Trustees of the California State University. A state agency may determine the eligibility of any person to enter into a contract under this article by requiring the person to submit a statement under penalty of perjury declaring that neither the person nor any subcontractor to be engaged by the person has been convicted of any of the offenses referred to in this section within the preceding 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 for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one proposal for the work contemplated may cause the re'ection 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 may be rejected. D21:51004.6 ~ -b- JL:wrn SECTION 3. AWARD AND EXECUTION OF CONTRACT 3-1.01 GENERAL. 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. 3-1.0 2 AV►~RD OF CONTRACT . The award of the contract, i f i t 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 C0~~ITRACT BONDS. 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. 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 RETURN OF BIDDER'S GUA~KANTEES. Within ten (10) days after the award of the contract, the City of Bakersfield will return any monies or form for deposit of money that are not to be considered in making the award. All other proposal guarantees will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany. D21:51004.7 -7- JL:wrn SECTION 4 - BEGINNING OF ~iVORK, TIME OF COMPLETION AND LIQUIDATED IaAMAGES 4-1.01 G]~1ERAL. Attention is directed to the provisions of Section 8, Article 8-1.03, "Beginning of Work," Article 8-1.06, "Time of Completion" and Article 8-1.07, "Liquidated Damages," of the Standard Specifications, and is F~ 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 30 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 r day for each and every calendar day's delay in finishing the work in excess of the nwnber of working days prescribed above. Full compensation for conforming to the requirements of above paragraph shall be considered as included in the prices paid for the various items of work and no additional allawance will be made therefor. The Contractor shall furnish the Engineer with a statement from the vendor that the order for the electrical materials required for this contract has been received and accepted by said vendor, and said statement shall be furnished within fifteen (15) calendar days from the date of the contract. Said statement shall show the date or dates the electrical materials will be shipped. No work shall begin on the project without prior written approval of the Engineer until all components necessary for operation of the signal system are on hand. The Contractor will be granted an extension of time and will not be assessed with liquidated damages or the cost of engineering and inspection for any portion of the delay in completion of the work caused by manufacturing time should approval be given to begin prior to delivery of all signal system components. The number of days extension shall be the working days between the date as determined according to Special Provisions, Article 4-1.01, and the date of receipt of all components as determined by the Engineer. Upon receipt of all components, the Contractor shall notify the Engineer in writing and the Engineer will order start of work in writing. D21:51004.8 ~ -8- JL:wrn SECTION 5. GENERAL 5-1.01 STATE CON'T'RACT ACT NOT APPLICABLE. Sections 1-1.40, "State Contract Act,n 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 Cit to proceed under Section 20396 of the Public Contract Code. In the event Y 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 (10~) 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 rovisions in Section 5, "CONTROL OF WORK," of the Standard Specifications p and these special provisions. Section 5-1.02 "Plans and Working Drawings", of the Standard S cifications 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 En ineer. If such a discrepancy is not reported to the Engineer, the 9 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 "Ins ction" of the Standard Specifications is amended by adding the following paragraph after the first paragraph: Whenever the Contractor varies the period during which work is carried on each day, he shall give due notice to the Engineer, so that proper inspection .may be provided. Any work done in the absence of the Engineer will be subject to rejection. D21:51004.9 -9- JL:wrn 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 revailing rate for each craft, classification or type of work is determined p by the Director of the California Department of Industrial Relations, and his schedule of prevailing rates is on file and available for inspection in the Public Works Department. The schedule is incorporated herein by this reference. The City shall have the right to inspect payroll records during normal working hours and shall have the right to question workers at any time concerning the wages being paid. Contractor shall not interfere in any way with the City's 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. TWENTY-FIVE DOLILARS ($25) pursuant to Section 1775 of the Labor Code, per worker paid less than the amount to-which he is entitled under said general. prevailing rate of wages; and b. T~i~ENTY-FIVE DOLIGARS ($25) pursuant to Section 1813 of the Labor Code, per worker required to work more than eight (8) hours per day or more than forty (40) hours per week, except as provided in Section 1815 of the Labor Code. 5-1.05 PAYROLL RECORD6. 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. ;z 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. D21:51004.10 -10- JL:wrn If the Contractor does not have a union contract which provides for apprentices, the Contractor and all Subcontractors shall submit one of the following: 1. A copy of a "Request for an Application for a Certificate of Approval to Employ and Train Apprentices on Public Works." This request shall be submitted to the local Department of Industrial Relations, Division of Apprenticeship Standards on the Contractor's and each Subcontractor's letterhead or 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. 3. Proof of a Collective Bargaining Agreement with the Joint Apprenticeship Con~nittee 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 TRENCH SAFETY. The Contractor shall comply with Section 6705 of the Labor Code which provides that the Contractor's responsibility shall be as follows: If the contract price for the project includes an expenditure in excess of TWENTY-FIVE THOUSAND DOLIGARS ($25, 000) for excavation of any trench or trenches five feet or more in depth, the Contractor or his Subcontractor shall not begin any trench excavation unless a detailed plan, showing the design of shoring,. bracing, sloping or other provisions to be made for worker protection during the excavation of the trench, has been submitted by the Contractor to the City Engineer and the detailed plans has been approved by the City Engineer. 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 Works" and "Awarding Body," as used in this section, shall have the same meaning as in Labor Code Sections 1720 and 1722 respectively. 5-1.09 Stx]ND CONTROL REQUIREMENTS. Sound control shall conform to the provisions in Section 7-1.OlI, "Sound Control Requirements," of the Standard Specifications and these special provisions. D21:51004.11 -11- JL:wrn 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. Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for .the protection of personnel. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. 5-1.10 PERMITS AND LICENSES. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work from any and all governmental organization which require such permits, licenses or fees. The Contractor shall procure a business license in the City of Bakersfield. 5-1.11 WORKING HO~JRS. 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 I~~WS TO BE OBSERVED. The Contractor shall keep himself fully informed of all existing and future State and National laws and all municipal ordinances and regulations of the City of Bakersfield which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. 5-1.13 CONTRACTOR'S INSUIRANCE. The Contractor shall not commence work under this contract until he has obtained all insurance required under this section and the required certificates of insurance have been filed with and approved by the City Risk Manager and the Public Works Department, nor shall the Contractor allow any Subcontractor to commence. work on his subcontract until said certificates of insurance have been filed and approved by the City Risk Manager and the Public Works Department. Contractor shall be responsible for any deductibles under all required insurance policies. 5-1.13A HOLD I~~RMLESS. The Contractor shall save, hold harmless and indemnify the City, its officers, agents, employees and volunteers from all claims, demands, damages, judgments, costs or expenses in law or equity that may at any time arise from or related to any work performed by the Contractor, his agents, employees or subcontractors under the terms of this agreement and shall execute and return with the executed _ contract docwments and bonds the "Hold Harmless Agreement," a copy of which is attached hereto. D21:51004.12 -12- JL:wrn 5-1.138 INS~CE. In addition to any other form of insurance or bond required under the terms of this agreement and specifications, the Contractor shall procure and maintain for the duration of this agreement the following types and limits of insurance: Automobile liability insurance, providing coverage on an occurrence = basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one 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. D21:51004.13 -13- JL:wrn 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 WORK. The Engineer shall have the authority to suspend the work wholly or in part, for such period as he may deem necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as he may deem necessary, due to the failure on the part of the Contractor to carry out orders given, or to perform any provisions of the work. The Contractor shall immediately obey such order of the Engineer and shall not resume the work until ordered in writing by the Engineer. 5-1.20 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 this contract. When any and all such causes are removed, certificates shall be issued for amount withheld. D21:51004.14 -14- JL:wrn The fifth paragraph in Section 9-1.0?B, "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 recorrunendation thereon. The City Engineer shall, after the completion of the contract, make a final estimate of the amount of work done thereunder, and the value of such work, and the City shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. The final payment shall not be due and payable until the expiration of thirty (30) days from the date the "NOTICE OF COMPLETION" is recorded at the County Recorder°s Off ice and after execution and. return by the Contractor of the attached GUAI~~NTEE when applicable. It is mutually agreed between the parties to the contract that no certificate given or payments made under the contract except the final certificate or final payment, shall be conclusive evidence of the performance of the contract, either wholly or in part, against any 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 payn~nt 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 perforn~d under the contract or any alteration thereof , 5-1.22- INCIE~~ASED OR DECIR~,ASED 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 Section 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. D21:51004.15 -15- JL:wrn STANDARD SECTION 6 SECTION 6. CONTROL OF MATERIALS 6-1.01 GENERAL. Control of materials shall conform to the provisions in Section 6, "Control of Materials," of the Standard Specifications and these special provisions. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before delivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the contractor or producer of all materials to be used in the work, for testing or examination as desired by the Engineer. All tests of materials furnished by the contractor shall be made in accordance with commonly recognized standards of national organizations, and such special methods and tests as are prescribed in the specifications. 6-1.02 BORROW, DISPOSAL AND MATERIAL SITES. The operation of any borrow or disposal sites used by the Contractor to produce or dispose of material for this project shall comply with the requirements in the Standard Specifications and these special provisions. All provisions for water pollution, and sound control that apply within the limits of the contract shall apply to all borrow or disposal sites utilized by the Contractor. Upon completion of the work, all such sites and haul roads shall be graded and treated so that, at the time of final inspection of the contract, they will drain, will blend with surrounding terrain, and will have a potential as a source of blowing dust or other pollution which is no greater than when in their original condition. If the Contractor obtains necessary permits for borrow, disposal or material sites from the authority having jurisdiction or from the appropriate pollution control boards and such permits contain requirements which conflict with the requirements in the first and second paragraphs of this section, the requirements of the permits shall govern over the conflicting requirements of this section provided the permit requirements have been approved by the Engineer. Full compensation for complying with the requirements for borrow, disposal and material sites in this section shall be considered-as included in the contract prices paid for the items of work which require the use of the sites and no additional compensation will be allowed therefor. 6-1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section 6-1.07, "Certificates of Compliance, of the Standard Specifications, the Engineer may permit the use of certain materials or assemblies, prior to sampling. and testing, if accompanied by a Certificate of Compliance. D21:51004.16 -16- JL:wrn SECTION 7. CONSTRUCTION DETAILS SECTION 7-1 GENERAL 7-1.01 ORDER OF WnRK. Order of work shall conform to the provisions in .Section 5-1.05, "Order of Work," of the Standard Specifications and these special provisions. 7-1.02 OBSTRUCTIONS. Attention is directed to Section 8-1.10, "Utility and Non-Highway Facilities," of the Standard Specifications, the plans, and the special provisions, The Contractor will be required to work around public utility facilities and other improvements that are to remain in place within the construction area or that are to be relocated and relocation operations have not been completed. In accordance with the provisions of Article 7-1,11, "Preservation of Property," and 7-1.12, "Responsibility for Damage," of the Standard Specifications, the Contractor will be liable to owners of such facilities and improvements for any damage or interference with service resulting from conducting his operations. The exact location of underground facilities and improvements within the construction area shall be ascertained by the Contractor before using equipment that may damage such facilities or interfere with the services. Other forces may be engaged in moving or removing utility facilities or other improvements or maintaining services or utilities. The Contractor shall cooperate with such forces and conduct his operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by other such forces. Any delay to the. Contractor due to utility relocation whether or not the 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 the Contractor as to what steps will be required to protect the irrigation system and the area it serves. The Contractor shall replace the irrigation system as directed by the Engineer, Existing land subdivision monuments and stakes shall be fully protected from damage or displacement and they shall not be disturbed unless directed by the Engineer. Attention is directed to the fact that nuisance water may be present at all tines along the project. It will be the responsibility of the Contractor to provide for handling of said water and any expense involved shall be considered as included in the prices paid for the various items of work and no additional allowance will be made therefor. Except in the case of extra work, full compensation for conforming to the requirements of this article shall be considered as included in the prices paid for the various items of work and no additional compensation will be made therefor. D21:51004.17 -17- JL:wrn r 7-1.03 MAINTAINING TRAFFIC. The Contractor shall furnish, install and maintain signs, lights, flags and other warning and safety devices when performing work which interferes with or endangers the safe movement of traffic on any street or highway. Signs, lights, flags and other warning and safety devices and their use shall conform to the requirements set forth in the current "Manual of Traffic Controls - Warning Signs, Lights, and Devices for Use in Performance of Work Upon Highways," published by the State of California, Department of Transportation. Application and use of devices shall be as specified and as directed by the Engineer. The Contractor shall keep the Bakersfield Fire Department informed at all times as to the exact location and progress of the work and shall notify them immediately of any streets impassable for fire fighting equipment. The sixteenth and nineteenth paragraphs of Section 7-1.08, "Public Convenience," of the Standard Specifications, shall be amended to read as follows: Construction operations shall be actively in progress only between the hours of 8:30 AM to 4:00 PM, Monday through Friday. Where construction operations 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. Where 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 necessary for the acc~ation of public traffic thereon during paving operations. In order to expedite the passage of public traffic through or around the .work and where ordered by the Engineer, the Contractor shall, at his own expense, furnish, install and maintain construction area signs, lights, flares, temporary railing (Type K), barricades, and other facilities for the sole convenience and direction of public traffic. Also, where directed by the Engineer, the Contractor shall furnish competent flagmen whose sole duties shall consist of directing the movement of public traffic through or around the work. When deemed necessary by the City, the signs "Road Construction Ahead," No. C-18, and "End Construction," No. C-13, shall be furnished, installed and maintained by the Contractor at locations as directed by the Engineer at least 48 hours in~advance of any construction. The Contractor shall report all accidents to the Engineer. PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the prices paid for various items of work and no additional allowance will be made therefor. D21:51004.18 -18- JL:wrn 7-1.04 EXISTING HIGHWAY FACILITIES. The work performed in connection with various existing facilities shall conform to the provisions in Section 15, "Existing Highway Facilities," of the Standard Specifications and these special provisions. Existing City highway signs and street markers shall remain the property of the City. Such signs and street markers shall be relocated and maintained during construction so as to convey the same intent that existed prior to construction. Existing City highway signs and street markers shall be placed in their permanent position by the Contractor's forces prior to completion of construction. Signs removed from the project area shall be delivered to the City Corporation Yard at 4101 Truxtun Avenue. PAYMENT. Full compensation for conforming to the requirements of the two preceeding paragraphs shall be considered as included in the prices paid for the various items of work and no additional allowance will be made therefor. 7-1.05 ALITUST SU]~VEY MO]VtJMENT AND ENCASEN~ENTS. Survey monument and franc and cover with encasements shall be adjusted to finish grade at the locations shown on the plans, in accordance with these special provisions, and City Standard S-29. The surf ace of the concrete shall be protected from public traffic for a minimum of three days. At the option of the contractor, minor concrete containing a minimum of seven sacks of cement per cubic yard may be used and the time required for protection of the concrete surface from public traffic shall be reduced to a minimum of one day. The monu~mment will be set by the City. The City will provide surveys. Contractor shall give the City 24 hours notice when surveys are required. If monument frame or cover is damaged by the Contractor on his operations, they shall be replaced by the Contractor at no cost to the City. M]~AS[~RENIENT AND PAYMENT. For payment purposes, a survey monument encasement shall be considered as a single unit complete in place. The contract price paid for survey monument and encasement shall include full compensation for furnishing all labor, materials, tools and equipment, and for doing all work including excavation and backf ill, involved in constructing the monument and encasement complete in place. 7-1.06 SAWCtJT ASPHALT CONCIE~ETE PAVEMENT. V~here new asphalt concrete is to conform to existing asphalt concrete, the existing asphalt concrete shall be saw cut to a neat line. The depth of cut shall be sufficient so that damage to adjacent asphalt concrete, which is to remain in place, will not occur during excavation operations. The Contractor shall conduct his operations so as not to damage the integrity of the edge of the saw cut pavement. Any damage to the saw cut edge D21:51004.19 -19- JL:wrn will be corrected by the Contractor by additional cutting prior to the start of paving operations. Full compensation for conforming to the requirements of this article shall be considered as included in various items of work and no additional allowance will be made therefore. 7-1.08 REMOVE CONCRETE. 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. 7-1.09 MISCELLANEOUS CONCRETE C~ISTRUCTION. Portland cement concrete curbs, sidewalks, wheelchair ramps, cross drains, drive approaches, drivewa s and miscellaneous construction shall conform to the provisions in ' y " if ications and Section 73, Concrete Curbs and Sidewalk, of the Standard Spec these special provisions. MEASt~E~~MENT AND PAYMENT. Quantities of minor concrete (median curb}, Type M shall be paid for at the contract price per linear foot. Construction of concrete nose at end of median island shall be considered as included in the price paid per linear foot of minor concrete (median curb Type M} and no additional compensation will be allowed therefor. Quantities of minor concrete (median curb), Type M-1 or M-2*, shall be paid for at the contract price per linear foot. Construction of concrete nose at end of median island shall be considered as included in the price paid per linear foot of minor concrete (median curb Type M-1 or M-2) and no additional compensation will be allowed therefor. Quantities of minor concrete (header curb), shall be paid for at the con- tract price per linear foot. Construction of concrete nose at end of median island shall be considered as included in the price paid per linear foot of minor concrete (header curb) and no additional c~npensation will be allowed therefor. 7-1.10 REMOVE TRAFFIC STRIPES AND PAVEMENT N~~RKINGS. Traffic << stripes and pavement markings to be removed will be as shown on plans and as designated by the Engineer. w Traffic stripes and pavement markings shall be removed to the fullest extent possible from the pavement by any method that does not materially damage the surface or texture of the pavement or surfacing. Where blast cleaning is used for the removal of painted traffic stripes and pavement markings, the area shall be shielded so that no material from the blasting operation is allowed to~ enter the area that is open to public traffic. Sand or other material deposited on the pavement as a result of removing traffic stripes and markings shall be removed as the work progresses. Accumulations of sand or other material which D21:51004.20 -20- JL:wrn ' or mi ht constitute a hazard to traffic will not might interfere with drainage g be permitted. ' hall be removed before any change is made in the Traffic stripes s traffic pattern. ' r removal of traffic stripes shall be feathered out w Blast cleaning fo ~ hall be removed by blast ' e lar and varying widths. Pavement markings s to irr gu er than 'ust lettering or markings, so the old cleaning a rectangular area, rath ~ - message cannot be identified. ' and avement markings, a fog seal After removal of traffic stripes p ~ ction 37, a lied in conformance with the provisions in Se coat shall be pp cifications and the following. "Bituminous Seals, of the Standard Spe ' val areas,. the fog seal coat shall be applied In traffic stripe remo ' area and to irregular and varying widths with an over .the traffic stripe removal traffic stri removal ' f 2 feet on each side of the blast cleaned ~ average width o area. ' 1 areas the fog seal coat shall be applied In pavement marking remova , to the blast cleaned rectangular area. ' 'n and a 1 ing fog seal coat as speci- Full compensation for furnishi g pp y aid r • 1 be considered as included in the contract price p pe fled herein shal ~ d avement marking and no separate s are foot for removal of traffic stripe an p payment will be made therefor. • 'al rovisions shall relieve the Contractor from Nothing,in these specs p _ "public Safety," of the ' res nsibilities as provided in Section 7 1.09, his po Standard Specifications. ' of traffic stripe removed will MEA►S[~EZEMENT AND PAYMENT. Quantities ' tri lus 0.67-foot multiplied by the length be determined by the width of the s l~ p ~ ill be measured as f the stri The space between double traffic stripes w o ntities of avement markings removed will be painted traffic stripe. ~a p ins are feet. ' b the actual size of the rectangle measured ~ determined y ' '11 be aid for at the contract unit price Removing of traffic stripes wi P ~ val, r s are foot for the actual area of authorized stripe remo ~ ~ ' r s are foot as remove traffic striping and The contract unit price pe ~ ~ ~ all labor, materials, kin shall include full compensation for furnishing mar g for doin all work necessary for remov.~ng existing tools, equipment, signs and g stri in as shown on plan and as directed by the Engineer. p g G]~UBBING. Clearing and grubbing shall conform 7-1.11 CLEARING AND ~ " of the Standard .3 e rovisions in Section 16, "Clearing and Grubbing, to th p S cifications and these special provisions. Ae ' bbin shall be limited to those areas actually Clearing and gru g the En sneer. ffected b the planned construction as directed by g a y JL:wrn D21:51004.21 -21- 7-1.12 DUST CONTRpL. It shall be the Contractor's responsibility to prevent a dust nuisance from originating from the site of the work as a result of his operations, or the traveling public, during the, effective period of this contract. Preventative measures to be taken by the Contractor shall include but shall not be limited to the following; 1. Water shall be applied to all unpaved areas as required to prevent the surface from becoming dry enough to permit dust formation. 2. Paved surfaces over which vehicular traffic is permitted to travel shall be kept free of dirt. Temporary suspension of the work, either as a result of order by the Engineer, or as a result of conditions beyond the control of the Contractor shall not relieve the Contractor from his responsibility for dust control as set forth herein. PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor. 7-1.13 EA,~.I'HWC)RK. Earthwork shall conform to the provisions in Section 19, "Earthwork," of the Standard Specifications and these special provisions. Section 4-1.05. "Use of Materials Found on the Work," of the Standard Specifications shall be amended to read as follows: Unless designated as selected material as provided in Section 19-2.07, "Selected Material," the Contractor, with the approval of the Engineer, may use in the proposed construction such stone, gravel, sand or other material suitable in the opinion of the Engineer as may be found in excavation. The Contractor will be paid for the excava- tion of such materials at the contract price for such excavation, but he shall replace at his expense with other suitable material all of that portion of the material so removed and used which was contem- plated for use in the work. The Contractor shall not excavate or remove any material from within the highway location that is not within the excavation, as indicated by the slope and grade lines, without written authorization from the Engineer. It is anticipated that there will be 351 cubic yards of surplus material which shall become the property of the Contractor and shall be disposed of outside of the hi hway right of way in accordance with the provisions of g Section 7-1.13, "Disposal of Material Outside the Highway Right of Way," of the Standard Specifications. When asphalt concrete is to be placed on the grading plane, the grad- ing plane at any point shall not vary by more than 0,05-foot above or below the grade established by the Engineer. Section 19-3.062, "Slurry Cement Backfill," of the Standard Specifications is deleted and shall not apply to this contract. D21:51004.22 -22- JL:wrn The relative compaction limits specified in the second paragraph of Section 19-5.03 "Relative Compaction (95 Percent)," of the Standard Specifications are amended to the limits shown on the plans and typical cross- sections and shall be determined by: ASTM D1557-70, Method "C" Standard Test Method for Moisture-Density Relations of Soils using l0 lb. (4.5 Kg} yammer and 18" (457m~n) drop, Calif. Test Methods 216 or 231. The subgrade must be smooth, uniform and true to the required grade. Impact equipment shall not be used in areas developed with buildings unless authorized by the Engineer. Imported borrow must be clean and free from vegetable matter and other deleterious substances and must conform to the following requirements: .Individual Moving Tests Test Method Test Results Avera e Sand Equivalent 217 18 min. 20 min. Resistance 301 40 min. (R-Value) The R-Value requirements will be waived provided the imported borrow has a sand equivalent value of 25 or more. In addition to the above requirements, material located in the upper 0.5 foot below the shoulder surface shall have a suitable gradation to produce a firm and stable surface. MEASUREMENT AND PAYMENT. Imported borrow will be measured by the cubic yard and the quantity to be paid for will be computed in the following manner: (1) The total quantity of embankment will be computed by the method specified for roadway excavation in Section 19-2.08, "Measurement," of the Standard Specifications on the basis of the planned or the authorized cross-section for emban~~nt as shown on~the plans and the measured ground surface. (2) The quantities of roadway excavation, structure excavation, and ditch excavation, shall be used in the embankment, and will be adjusted by multiplying by a specified grading factor of 0.85. No further adjustment will be made in the event that the speci- fied grading factor does not equal the actual grading factor. (3) The final pay quantity of imported borrow shown,on the plans was determined by deducting the adjusted quantities of excavation from the total embankment quantity and then adding a quantity of a roximatel 0 cubic yards for the anticipated effect of pp Y subsidence and shrinkage dui to compaction. No adjustment will be made in the event that the anticipated subsidence and shrinkage does not equal the actual subsidence and shrinkage. h stimated antit of roadwa excavation * [and imported borrow] Tee qu y Y shall be a final pay quantity in conformance with Section 9-1.015 "FINAL PAY QUANTITIES" of the standard specifications. The estimated antit of roadway excavation * (and imported borrow~-~ ~ Y shall be a final pay quantity in conformance with Section 9-1.015 "FINAL PAY QUANTITIES" of the standard specifications. 7-1.14 FINISHING ROADWAY. Finishing roadway shall conform to the provisions in Section 22, "Finishing Roadway," of the Standard Specifications and these special provisions. In addition to the conditions, provisions and requirements of Section 22-1.01, "Description," of the Standard Specifications, the following shall apply: The Contractor shall remove, from all affected areas, whether inside or outside the project limits, all excess and/or objectionable material originating within the project limits and transported by public traffic or by the Contractor's operations. The Contractor may use any method, approved by the Engineer, that does not create a dust problem to remove the excess and/or objectionable material from the affected areas. However, in residential areas, when a broom is used, a self-contained, pick-up type, power broom with water distribution system shall be used. PAYMENT. The first paragraph in Section 22-1.03, "Payment," of the Standard Specifications, is amended to read: Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in finishing the entire project, including all ramps, connecting roads and streets, frontage roads, road approaches, and channelized intersections, whether inside or outside the highway right of way, and all other areas, whether inside or outside the project limits, affected by public traffic or by the Contractor's operations, all as shown on the plans, and as specified in the .Standard Specifications and these special .provisions, and as directed by the Engineer, shall be considered as included in various items of work and no additional compensation will be made therefor. 7-1.15 AGGREGATE BASE. Aggregate base shall be Class 2 and shall conform to the provisions in Section 26, "Aggregate Bases," of the Standard Specifications and these special provisions. Aggregate base shall be compacted to 95~ relative compaction. Compaction will be determined by the following test methods: California No. 216, California No. 231., or ASTM D1557-70, Method C. For verification purposes, the tonnage of compacted aggregate base will be calculated from the dimensions shown on the plans, adjusted by the amount. of any change ordered by the Engineer. 7-1.16 ASPHALT CONCRETE. Asphalt concrete shall be Type B and shall conform to the provisions in Section 39, "Asphalt Concrete," of the Standard Specifications and these special provisions. Aggregate for the top layer of Type B asphalt concrete shall conform to the requirements for 1/2 inch maximum, medium grading and aggregate for any lower layers of Type B asphalt concrete shall conform to the requirements for 3/4 D21:51004.24 -24- JL:wrn inch maximum, medium grading, both as specified in Section 39-2.02, "Aggregate", of the Standard Specifications. When directed by the Engineer, aggregate conforming to any of the grading requirements in Section 39-2.02, "Aggregate," of the Standard Specifications shall be used to surface intersections, tapers, and other areas where thin layers of asphalt concrete are being. constructed, Paving joints shall match stripe locations. If the finished surface of the asphalt concrete does not meet the spe- cified surface tolerances, it shall be brought within tolerance by either (1) abrasive grinding with equipment utilizing diamond blades (with fog seal coat on the areas which have been ground), (2) removal and replacement, or (3) placing an overlay of asphalt concrete. The method will be selected by the Engineer. The corrective work shall be at the Contractor's expense. If used, the Fog Seal Coat shall be either Asphalt Rejuvenating Agent or Asphaltic Emulsion as directed by the Engineer. If abrasive grinding is used to bring the finished surface to speci- fied surface tolerances, additional grinding shall be performed as necessary to extend the area ground in each lateral direction so that the lateral limits of grinding are at a constant offset from, ,and parallel to the nearest lane line or pavement edge, and in each longitudinal direction so that the grinding begins and ends at lines normal to the pavement centerline, within any ground area. All ground areas shall be neat rectangular areas of uniform surface appearance. Abrasive grinding shall conform to the requirements in the first paragraph and the last 4 paragraphs in Section 42-2.02, "Construction," of the Standard Specifications. There the compacted thickness is 0.15 foot or less, halfwidth surfac- ing operations shall be conducted in such a manner that, at the end of each day's work, the distance between the ends of adjacent surfaced lanes shall not be greater than can be completed in the following day of normal surfacing opera- tions. Additional asphalt concrete shall be placed along the transverse edge at the ends of each lane, hand raked, and compacted to form temporary conforms. Kraft paper, or other approved bond breaker, may be placed under the conforms to facilitate the removal of the conforms when paving operations resume. .Where the compacted thickness is more than 0.15 foot, the Contractor shall schedule his paving operations such that each layer of asphalt concrete is placed on all contiguous lanes of a traveled way each work shift. At the end of each work shift, the distance between the .ends of the layers of asphalt concrete on adjacent lanes shall not be greater than 10 feet. Additional asphalt con- . Crete shall be placed along the transverse edge at the ends of each lane and along the exposed longitudinal edges between adjacent lanes, hand raked, and compacted to form temporary conforms. Kraft paper, or other approved bond breaker, may be placed under the conform feathers to facilitate the removal of the feathers when paving operations resume. The area to which paint binder has been applied shall be closed to public traffic. Care shall be taken to avoid tracking binder material onto existing pavement surfaces beyond the limits of construction. D21:51004.25 -25- JL:wrn A prime coat will not be required on subgrade prior to placement of asphalt concrete. Intersections and tapered shoulders shall be surfaced as directed by the Engineer. At road connections and private drives, shown on the plans and as directed by the Engineer, additional asphalt concrete surfacing material shall be placed and hand raked, if necessary, and compacted to form smooth, tapered connections. Where new asphalt concrete pavement is to conform to existing paved surfaces, the existing pavement shall be saw cut. The miscellaneous areas to be paid for at the contract price per square yard for place asphalt concrete (miscellaneous area) in addition to the prices paid for the materials involved shall be limited to median islands and driveways. The subgrade beneath surfacing for median islands shall be chemically treated for weed control. The chemical applied shall be 2, 6-dichlorobenzonitrile and shall be applied in accordance with the manufac- turer's recommendations and these special provisions. The rate of application shall be 4 ounces of active chemical per 100 square yards. Asphalt concrete shall be placed over the treated subgrade within 2 hours of chemical application when air temperature is higher than 50° F. At air temperatures lower than 50° F., asphalt concrete shall be placed on treated subgrade within 10 hours of che- mical application. Should "wettable powder" type chemical be used, a suitable fugitive dye shall be incorporated in the mixture so that coverage and spread rate may be verified. Full compensation for chemically treating soil as specified in this section will be considered as included in the contract price paid per square yard for place asphalt concrete (miscellaneous area). 7-1.17 1~~AD6IDE SIGNS. Roadside signs shall conform to the provisions in Section 56-2, "Roadside Signs," of the Standard Specifications and these special provisions. Miscellaneous roadside signs shall conform to City Standard TS-4. Where sign posts are placed within concrete sidewalk the sidewalk shall be core drilled. Roto hammering or other similar methods will be permitted provided that the perimeter of the damaged area is sawcut to the limits required to form a neat finish as directed by the Engineer. MEASUREMENT AND PAYMENT. Miscellaneous roadside signs shall be paid for at the contract per unit for install roadside signs (GSP Post). Installation of one or more sign panels mounted on a single post shall be counted as one roadside sign (GSP Post). 7-1.18 MISCELLANEOUS CONCRETE CONS'['RUCTION. 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. D21:51004.26 -26- JL:wrn MEASUREMENT AND PAY~!~~NT • antities of minor concrete (median curb}, Type M shall be paid for Qu e contract rice per linear foot. Construction of concrete nose at end of at th p dian island shall be considered as included in the price paid per linear foot me f minor concrete (median curb Type M) and no additional compensation will be 0 allowed therefor. r, antities of minor concrete (median curb), Type M-1 or M-2, shall be Qu aid for at the contract price per linear foot. Construction of concrete nose at p of median island shall be considered as included in the price paid per linear end foot of minor concrete (median curb Type M-1 or M-2) and no additional compensa- tion will be allowed therefor. Quantities of minor concrete (header curb), shall be paid for at the contract rice r linear foot. Construction of concrete nose,at end of median p ~ island shall be considered as included in the price paid per linear foot of minor concrete (header curb) and no additional compensation will be allowed therefor. 7-1.19 TRAFFIC DELINEATION. Immediately after resurfacing o rations or when directed by the Engineer, replace all obliterated pavement elineation durin the same work period, and in no delineation with temporary d g case later than 7:30 a.m. following such work period. Te ra delineation consists of reflective traffic line tape applied ~ rY in feces not less than 4 inches long nor less than 4 inches wide, spaced no p more than 20 feet apart on tangents and no more than 10 feet apart on curves. ly reflective traffic line tape in accordance with the manufacturer s ~p instructions. Temporary delineation must be the same color as the permanent delineation. Remove temporary delineation applied to asphalt concrete patches irrmtediatel prior to applying asphaltic emulsion tackcoat for asphalt concrete Y overlay. A stri in lan will be made available to the Contractor when traffic p gp delineation is to be modified by the City. PAYMENT. Full ca~mpensation for traffic delineation shall be considered as included in the prices paid for the various items of work, and no separate payment will be made therefor. SECTION ?-2 TRAFFIC SIGNALS AND LIC~ITING - IT. Conduit shall conform to the provisions in Section O1 a~1DU ~ 2~ ~ p cial rovisions. 86-2.05, "Conduit, of the Standard Specifications and these spe p Insulated bonding bushings will be required on metal conduit. Conduits under existin street pavement may be placed in open trench. Pavement shall be g sawcut with a rock saw unless otherwide directed by the Engineer. Width of trench shall not exceed 5 inches. - BOXES. Pull boxes shall conform to the provisions in 7 2'02 PULL se s cial Section 86-2.06, "Pull Boxes, of the Standard Specif icatlons and the pe provisions. D21:51004.27 -27- JL:wrn Recesses for suspension of ballasts will not be required. 7-2.03 CONDUCTORS AND WIRING. Conductors and wiring shall conform to the rovisions in Section 86-2.08, "Conductors," and Section 86-2.09, "Wiring," p of the Standard Specifications and these special provisions. CONDUCTORS - The Contractor shall use multi-conductor electrical cables for all circuits except between the service switch and controller cabinet. Onl multi-conductor cable conforming to the following shall be used: Y 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 leach 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. D21:51004.28 -28- JL:wrn CONDUCTOR TABLE Insulation Colors Signal Phase Circuit or Function Base Stri 2 & 6 Red, Yellow, Brown Black Vehicle 4 & 8 Red, Yellow, Brown Orange 1 & 5 Red, Yellow, Brown Silver Signals 3 & 7 Red, Yellow, Brown P le 2p & 6p Red, Brown 2 Black Pedestrian 4p & 8p Red, Brown 2 Orange Si nals lp & 5p Red, Brown 2 Silver g 2 ..le 3 & Red, Brown 2p & 6p Blue Black Pedestrian 4p & 8p Blue Orange Push Buttons lp & 5p Blue Silver 3 & 7 Blue le Pedestrian Push Buttons white Black Can Si nal whito None. Railroad Pre-e tion Black Red S re. 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." D21:51004,29 -29- JL:wrn 7-1.04 DETECTORS. Detectors shall conform to the provisions in Section 86-5, "Detectors," of the Standard Specifications and these special rovisions. Location and layout of detector loops shall be as directed by the p 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. 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, "E Sealant for Inductive Loops," to within 1/8 inch of the pavement PoxY 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. In lieu of the epoxy sealant specified above, slots may be filled with either 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 cement concrete. The cured sealant shall have the following performance characteristics: Measuring Standard Pro rt and Results And Conditions Hardness (indentation) - 65-85 ASTM D 2240 Res. 'I~tpe A, Model 1700 77° F. (25° C.) 50~ relative humidity. Tensile strength - 500 psi, min. ASTM D 412 Die C, pulled at 20 IPM. Elon ation - 400 minimum ASTM D 412 Die C, pulled at 20 IPM, g ~ Flex t - 40° F. - no cracks 25 mil Free Film Bend (180°) over 1/2" Mandrel. weatherin Resistance - Slight ASTM D 822 Weatherometer 350 Hrs. g Chalking Cured 7 days at 77° F. (25° C.) 50~ relative humidity. D21:51004.30 -30- JL:wrn Salt S ray Resistance - 500 psi, ASTM B 117 28 days at 100° F. (38° C.) p minimum Tensile; 400, minimum 5~ 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. Loop conductors shall be installed without splices and shall terminate in nearest ull box. The loops shall be joined in the pull box in combination of the p ~ at the sensor unit. series and parallel so that optimum sensitivity is obtained Final s lices between loops and lead-in cable shall not be made until the operation P 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 the controller cabinet. Splices to the cable shall be made in pull boxes only. All loo conductors for traffic counters shall terminate in a pull box or p 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 adjacent to the loops and near the termination of the conductors in the controller J 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, 8J8U, 3I5U, etc.) in permanent ink p on a tag suitable for such purposes (Stuart Electric Ty Rap, Catalog No. TY5532 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 compacted f as halt concrete immediatel below the uppermost layer. Installation layer o p y details shall be as shaven 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. Loo detector lead-in cables shall conform to the provisions in Section p ~ ~ 86-S.OlA (4}, "Construction Materials, of the Standard Specifications and these special provisions, D21:51004.31 -31- Loop detector lead-in cables shall be T!~pe A, as follows: A lead-in cable shall consist of 2 No. 12 solid copper conductors with each conductor Insulated with 30 mils minimum, at any point, high molecular weight, heat-stabilized, colored polyethylene, conforming to the requirements of ASTM Designation: D 1248, Type I, Class B, Grade 4. The conductors shall be twisted together with at least 2 turns per foot. Non-hygroscopic fillers shall be used to form a firm compact cylindrical core. A non-hygroscopic core tape shall be applied spirally over the core. The cable shall be provided with an outer jacket consisting of extruded, black, polyvinyl chloride conforming to ASTM Designation: D 1047. The cable shall conform to the International Municipal Signal Association's Specification: 19-1. A PAn!~ENT. The contract price paid for each detector shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved for installing traffic loop detectors. D21:51004.32 -32- 7-2,05 GUARANTEE. The Contractor shall furnish a written guarantee to the City on the form attached, guaranteeing all systems, except traffic signal lamps, installed under this contract for a period of one (l~ year from the date of acceptance of the work, The guarantee, properly executed, shall be filed with the City before notice of completion and final acceptance is made by the City of the work described on the plans and these special provisions. 7-2.06 PAYI!~ENT. 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. r,. D21:51004.33 -33- SECTION 8 - I~~ND6CAPING AND IRRIGATION SYSTEM 8-1.01 MODIFY IRRIGATION SYSTEM. The work performed in connection with modify existing irrigation system shall conform to the provisions in Section 20, "Erosion Control and Highway Planting," and Section 15, "Existing Highway Facilities," of the Standard Specifications, the plans and these special h provisions. Where damage to existing irrigation facilities is caused by the Contractor's operations, the Contractor shall, at his expense, repair or replace damaged facilities promptly., Should the Contractor fail to perform the required re airs or replacements, the cost of performing such repairs or replacements p will be deducted from any moneys due or to become due the Contractor. PAYMENT. The contract lump sum price paid for modify irrigation system shall include .full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all work involved in installing the irrigation system, complete in place, including excavation and backfill, testing and checking the irrigation system, as shown on the plans, as specified in the Standard Specifications and these special provisions and as directed by the Engineer. D21:51004.34 -34- JL:wrn STATE OF CALIFORNIA Specification Asphaltic ~nulsion Inductive Loop Sealant 1.0 SCOPE This specification covers a one component, pourable sand filled, asphaltic emulsion for use in sealing inductive wire loops and leads 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 of Transportation 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 to produce 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 D21:51004.35 -1- JL:wrn Asphaltic Emulsion Inductive Loop Sealant 8040-41A-15 3.2.3 Firm set time, hours, 4 maximum 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 3.3.4 Slant-shear stren th to concrete, psi, 150 minimum, g , 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 . D21:51004.36 JL:wrn Asphaltic ~rnilsion 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 PROVISIONS 4.1 Inspection. This material shall be inspected and tested in accordance with State of California Specification 8010-X~~X-99, or as otherwise deemed necessary. 4.2 Sampling and Testing Unless otherwise permitted by the Engineer, the material shall be 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. The manufacturer shall be responsible for proper shipping labels as outlined in Code of Federal Regulations, Hazardous Materials and Regulations Board, Reference 49 CFR. D21:51004.37 JL:wrn Asphaltic Emulsion 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 recon~nended. 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 Compliance with each batch of sealant, in accordance with the provision of Section 6-1.07 of California Department of Transportation Standard Specifications, January 1981. D21:51004.38 JL:wrn PROPOSAL FOR MEDIAN MODIFICATION ON CALIFORNIA AVENUE, TRUXTUN AVENUE, MING AVENUE AND WHITE LANE AT V~~RIOUS LOCATIONS. To the City Clerk of the City of Bakersfield: n ersi ned as bidder declares that the only persons or parties The u d g , , , interested in this proposal as principals are those named herein; that this pro- sal 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- sed form of contract and the plans therein referred to; and he proposes and a tees if this proposal is accepted, that he will contract with the City of g Bakersfield, in the prescribed form of contract h~~°reto 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 . Cit of Bakersfield and as specified in the contract, in the manner and time y ' the re irements of the Engineer as therein therein prescribed, and according to qu set forth, and that he will take in full payment therefor the unit prices or lump sums set forth in the following schedule: The undersigned further agrees that in case of default in executing ' contract with necessa bonds, within ten (10) days, not including the required , rY Sunday, after having received notice that the contract is ready for signature, the roceeds of the check or bid bond accompanying his bid shall becomme-the pra- p , petty of the Clty of Bakersf 1eld. Bidder acknowledges receipt of the following addendum: ITEM ESTIMATED UNIT OF ITEM UNIT PRICE EXTENSION N0. QUANTITY MEASURE (in figures) PRICE (in fi res) CALIFORNIA AVENUE . 1 305 CY Roadway Excavation SICCED - - Bidder G~'Y ~ - Address City State Zip. Code ( ) Area Code Telephone .I~wmber License No. and Expiratlon~Date THE REPRESENTATIONS MADE HEREIN ARE MADE t~~DER PENALTY OF PER;IURY, ITEM ESTIMATED UNIT OF ITEM UNIT PRICE E;~TENSION N0. QUANTITY MEASURE (in figures) PRICE (in fi res) a 2 6 EA Misc. roadside signs 3 996 LF Minor Concrete (Median Curb, 'Ripe M ) 4 200 SY Place Asphal~ Con- crete (Miscellaneous Area ) 5 106 TON Asphalt Concrete Type B 6 109 'I'ON Aggregate Base, Class 2 7 LS Modify Irrigation system Install Traffic 8 LS Signal Loops, Pull Box, Conduit, and Conductors TRUxTUN AVENUE MIND AVIENUE AND WHIT ~ 9 46 CY Roadway Excavation 10 40 CY Imported Borrow 11 140 LF Minor Concrete (Median Curb, Type M) SIGNED Bidder D21:51004.40 Page 2 of 2 I'T'EM ESTIMATED UNIT OF ITEM UNIT PRICE EXTENSION Np. QUANTITY (in figures) PRICE (in f i res) 12 2071 LF Minor Concrete Median Curb, Type M-1 or M-2) 13 622 SY Place Asphalt concrete ~Miscellan- eous Area) 14 56 TON Asf~yalt Concrete, Type B 15 26 TON Aggregate Base, Class 2 16 19 EA Misc. roadside signs 17 990 SF Stripe removal SIC~IED Bidder ^ D21:51004.41 Page 2 of 3 The Extension Price has been calculated by multiplying the Estimated Quantity by the Unit Price. In the case of lump sum items, the Estimated Quantity shall be unity. The Bid Total is the sum of all Extension Prices. Bidder agrees that in case of any discrepancy between the Unit Price(s) and the respective Extension Price(s) and/or the Bid Total, the Unit 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 Exter~~ion 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 DOLICrARS ($10,000), whichever is greater, and the portion of the work which will be done by each subcontractor. This list is to be completed and submitted with said bid proposal. Subcontractor's Name Description of portion and Street Address (City, State, Zip)_ of work subcontracted (attach additional sheets if needed} 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. SP.LOSC [This form shall be cc~npleted by all Bidders and submitted w~th the Bid] (PROJECT TITLE) NONCOLLUSION AFFIIaA~VIT TO BE ExECUTED BY BIDDER AND c 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, or of that of any other bidder, or to secure .any advantage against the public body awarding the .contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, on to any member or agent thereof to effectuate a collusive or sham bid." Signature of Bidder Business Address Place of Residence Subscribed and sworn to before me this day of , 19 SP.NCA Accompanying this proposal is (NOTICE: Insert the words "cash "cashier's check," "certified check," or "bidder's bond," as the case may be), in amount equal to at least ten percent of the total of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE If bidder or their interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested per,~on is an individual, state first a~Yd last names in full. • • • • • • • i • • • • • . • • • ! • • • • • • • • • • • • • • • • • • • • • • f • • . • • • • • • • • • • • • • • • • . • • . • • • • • • • • • • • • . • Licensed in accordance with an act providing for the registration of Contractor's License No. . SIC~1 HERE Signature of Bidder NOTE--If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts. on behalf of the corporation; if bidder is a copartnership, the true name of the firm shall be set forth above toc,~ether with the signature of the partner or partners authorized to sign contracts in behalf of the cop~~rtnership; 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 sulxnitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. Business Address Telephone No . Place of Residence Dated 19..... SP.BIDNOTC BIDDER'S BOND TO ACCOMPANY PROPOSAL (Not necessary if cash or certified check is with bid) KNOW ALL MEN BY THESE PRESENTS: That we as principal, and as surety, - - are held and firmly bound unto the Cite 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 CON'CHACTORS 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 ~IEREOF, we have hereunto set our hands and seals this day of , 19 (Seal) (Seal) (Seal) STATE OF CALIFORNIA ) ss. COt~~TY OF On~this day of 19......, before me, a notary public in and for ~~he County of . . . State of California, personally appeared % / personally known to me / /proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument as .the Attorney in Fact of and acknawledged to me that he subscribed the name of ..........................................thereto as surety, and his awn name as Attorney in Fact. IN WITNESS [+~ER~F I have hereunto set my hand and of f fixed my official seal the day and year in this certificate first above written. Notary Public in and for said County and State BID. BOND1 Page 2 of 2 GUARANTEE TRAFFIC SIGNAL EQUIPMENT CITY OF BAKERSFIELD Department of Public Works 1501 Truxtun Avenue, Annex Building Bakersfield, California 93301 In accordance with the terms of Contract No. for: MEDIAN MODIFICATION ON CALIFORNIA AVENUE, TRUx'IUN AVEENUE MIND AVEENUE AND WHITE I~~NE AT VARIOUS LOCATIONS, awarded on between the City of Bakersfield (hereinafter referred to as the City), and the undersigned, which contract provides for the installation of li htin and or traffic si al s stem and under which contract the undersigned has furnished and installed such system, the following guarantee of the said system is hereby made. hould an of the e ipment installed pursuant to said contract, S y ~ exce t li hting elements, prove defective or should the system as a whole prove P g efective due to faulty, workmanship,. material furnished, or method of installa- d tion, or should said system or any part thereof fail to operate properly, as Tanned due to an of the above causes, all within (1) year after date on which p ► Y said contract is accepted by the City, the undersigned agrees to reirnl~rse the Cit u n demand, for its expenses incurred in restoring said systems.to the Y~ ~ condition contemplated in said contract, including the cost of any equipment or .materials replaced, or, upon demand by the City, to replace any such equipment and re air said s stems completely without cost to the City, so that they will p Y operate successfully as originally contemplated. The Cit shall have the option to make any needed repairs or replace- Y ments itself or to have such replacements or repairs done by the undersigned. Prior to such re lacement or repair work being done by the City, the, undersigned p shall have the option to make any needed repairs or replacements. In the event ' s to have said work rformed by the undersigned, the undersigned the City elect. ~ a rees that the re airs shall commence to be made and-such materials as are nec- g P installed within Twent -Four (24) essary shall commence to be furnished and Y hours of the date specified in the City's written notification. Contractor shall rosecute with due diligence to complete the work within a reasonable P period of time, as specified in the City's written notification. Said s stem will be deemed defective within the meaning of this guar- Y 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. Date Contractor's Signature. Firm Address D21:51004.42 GUARANTEE MATERIAL AND WnRKMANSHIP CITY OF BAKERSFIELD Department of Public ti~orks 1501 Truxtun Avenue, Annex Building Bakersfield, CA 93301 In accordance with the terms of the Contract for: ON CALIFORNIA AVIENUE, TRU~IUN AVIENUE MING AVENUE AND MEDIAN MODIFICATION WHITE, LANE AT VARIOUS LOCATIONS. on ,between the Clty of Bakersfield (hereinafter awarded ed to as "Cit and the undersigned, which contract provides for the referr Y installation of ' ilities and under which contract the undersigned has installed such and other fac 'lities the following guarantee of the said facilities is hereby made: f acl n the ro'ect is canpleted and accepted, we guarantee the Whe p 3 materials and we s~~ne to be free from imperfect worlcnanship and/or a ree to re it and/or replace at our awn cost and expense, any and g ~ which rna rove defective in all such work, and/or materials y p work~nanshi or materials within a period of one (1) year from the date P of acce tance of the above named construction project, ordinary wear p and tear or ne lect excepted. We also agree to repair and/or replace, 9 at our awn cost and expense, any work and/or materials that wee maY disturb or displace in making good such defects. ' in twent -four (24) hours after being notified in With y r the a ent of writing by the .City or the City's representative, o , g either of them, of any defects in said work or materials, We agree to can~ence 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 c 1 , we collectively and expressly do hereby authorize the Clty ~Y and or the City's representative, or the agent of either of them, to ~ we well honor and proceed to have such work done at our expense and pay the cost and charges therefor upon demand. • maw a ressl for and runs to the benefit of both This guarantee is xp Y ~ the Cit of the above mentioned construction project and the City s Y re resentative, and shall be enforceable by either of~them. P _ llATED _1_ _ Contractor's Name Authorized Signature D21:51004.43 ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU of RETENTION IS ESCR(7G~1 AGREF~!~ENT is made and entered into by and between CITY OF TH B,AKERSFIELD, a municipal corporation, hereinafter called "owner," whose address is ' and hereinafter called "Contractor", whose address is and hereinafter called "Escrow Agent", whose address is ' For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: Pursuant to Section 4590 of Chapter 13 of Division 5 of Title 1 of 1. the Government Code of the State of California, Contractor has the option to de sit securities with Escrow Agent as a substitute for retention earnings re fired to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for _ _ ' nt of dated thereinafter referred to in the amou as the "Contract"). When Contractor deposits the securities as a substitute for ontract earnin s the Escrow Agent ,shall notify the Owner within ten (10) days C ~ g ► ies at the time of the of the deposit. The market value of the securit substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of and shall designate the Contractor as the beneficial owner. 2. The Owner shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent hold securities in the form and amount specified above. 3. Alternatively, the Owner may make payments directly to Escrow Agent in the amount of retention for the benefit of the Owner until such time as the escrow created hereunder is terminated. -1- 4. Contractor shall be responsible for paying all fees for the eXpenses incurred by Escrow Agent in administering the escrow account. These ex nses and payment terms shall be determined by the Contractor and Escrow Pe 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 ccnsents 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 b the Contractor. Upon seven (7) days' written notice to t~a Y Escrow A ent from the Owner of the default, the Escrow Agent shall ~nedlately 9 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 re irements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and of the Escrow Account. The escrow shall be closed imomediately upon charges 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 a reement and the Owner and Contractor shall hold Escrow Agent harmless from g Escrow Agent's release and disbursement of the securities and interest as set forth above. he names of the rsons who are authorized to give written notice 10. T pe 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 -2- On behalf of Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the Owner and Contractor 11 deliver to the Escrow Agent a fully executed counterpart of this Agreement. sha the arties have executed this Agreement by their IN WITNESS WHEREOF, p proper officers on the date first set forth above. Owner Contractor Title Title Name Name Signature Signature, -3- coNTRACT ~vo. THIS AGREF~!~ENT, made and entered into on _ ► by - the CITY OF B~~KERSFIELD, a municipal corporation, herinafter called and be twee n "Cit "and ,hereinafter called "Contractor"; Y► WITNESSETH: WHEREAS, City has duly advertised for sealed proposals for ► ' in the Cit of Bakersfield, On _ the contract was with Y 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. NaW, 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 Provis-ions 3. Bid Proposal 4. Bidder's Bond 5 , Performance Bond 6. Material and Labor Bond 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 (if required by Specifications) 120589 PWSPEC -1- CONTRALTI IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. CITY OF BAKERSFIELD By Mayor (N~~ME OF CONTRACTOR) BY Contractor APPR~IED As TO FORM: By City Attorney ax1N'TERSIGNEDs BY Finance Director _ 2_ 04N'CRACT2 HOLD HESS AGREEMENT CITY OF BAKERSFIELD IT IS HEREBY AGREED that , agrees to ' if and hold harmless the City of Bakersfield, its agents, employees or any indemn y ons a ainst loss or expense including attorneys fees, by reason of the other pets g b law u n the City, except in cases of the City's sole liability imposed y 1~ ' r damn e because of bodily injury, including death at any time negligence, fo g sultin therefrom, sustained by any person or persons, or on account of damage re g to roperty arising out of or in consequence of p (agreement name) IT IS FURTHER UNDERSTOOD AND AGREED that the Contractor shall (at the ' e Cit defend the City of Bakersfield with appropriate counsel and option of th y1, l costs and ex nses, including the expense of counsel, in shall further bear al I~ the defense of any suit arising hereunto. DATED Contractor's Name Authorized Signature HHA FAITHFUL PERFORMANCE BOND KNQW ALL MIEN BY THESE PRESENTS ► 'T'HAT ► WHEREAS, the CITY OF ~RSFIELD, California, a municipal corporation, re inaf ter designated the "owner, " has, on , 19____, he awarded to a ion or anized and doing business under and by virtue of the laws of the corporat g ate of California, hereinafter designated as the "Principal," a contract St and for the WHEREAS, said Principal is required under the terms of said contract to furnish a bond for tree faithful performance of said contract: NC~1, THEREFORE, WE, the .Principal, and as Surety, are held and firmly bound unto the Owner in the sum of (100 OF AMOUNT A~RDED AT COUNCIL MEETING) ne of the United States, for the payment of which surn, well and truly lawful mo y be made we bind ourselves, our heirs, executors, administrators, and to ~ r 11 f irml these presents. successors, jointly and seve a y, Y by THE CONDITION OF THIS 08LIGATION IS SUCH. that if the above Mentioned Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfull rform the covenants, conditions, and agreements in the said Y Pe contract and an alterations made as therein provided, on•hls or,their part, to Y ke t and rformed at the time and in the manner therein speclf ied, and in ~ P ~ ~ 'ntent and meanin , and shall indemnify and all respects according to their true i g then save harmless, the Owner, its officers and agents as therein stipulated, • 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 suet is brought on this bond will a to the. Owner such reasonable attorney's fees as shall be ► PY fixed by the court. As a condition recedent to the satisfactory completion of the said P n ract the above obligation in the said amount shall hold good for a period co t , of one 1) ear after the completion and acceptance of the said work, during ( Y which tiMe if the above mentioned Principal, his or its heirs, executors, 'nistrators successors, or assigns shall fail to make full, complete, and ac~ni ► isfacto re it and replacements or totally protect the said Owner from loss sat rY ~ , i of one ear f ram the date of of damage made evident during said per od Y acce tance of said work, and resulting from or caused by defective materials P and or fault workmanship in the prosecution of the work done, the above ~ Y rce and effect. However, obligation in the said amount shall. remain. in full fo • in in this ara ra h to the contrary notwithstanding, the obligation•of anyth g P g P Suret hereunder shall continue so long as any obligation of the Principal the y remains. Page 1 of 2 ~ • BOND1 And the said Surety, for value received, hereby stipulates and agrees that no Chan e, extension of time, alteration, or addition to the terms of the g contract or to the work to be performed thereunder or the specifications acc n ing the same shall, in any way, affect Lts obligations on this bond, Y and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Suret hereby waives the provisions of Sections 2819 and 2945 of the Civil Y Code of the State of Californ~.a. a art of the obligation secured hereby and in addition to the As p amount specified therefor, there shall be included costs and reasonable expenses and fees includin reasonable attorney's fees, incurred by the Owner in g' n all to be taxed as costs and included in successfully enforcing such obl~.gatio , any judgement rendered. IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their seals this day of , the name and corporate seal of each corporate party being hereto affixed and these resents dui su ed by its undersigned representative, pursuant to authority of p Y gn its governing body. Principal By• Seal) Signature for Principal Title ( Surety By• (Seal} Signature for Surety Title (Attach notarization form for each required signature.} Page 2 of 2 MATERIAL - LABOR BOND KNOW ALL MEN BY THESE PRESENTS, 'THAT, WHEREAS, the CITY OF BAKERSFIELD, County of Kern, State of California, hereinafter designated the "Owner," has, on (L1ATE OF COUNCIL MEETING} , awarded to (N~~ME OF CONTRACTOR) hereinafter designated as the "Principal," a contract for the construction of DESCRIPTION OF PROTECT - USE DESCRIPTION FROM FRONT COVER OF SPECIFICATIONS). ( WHEREAS, said Principal is required to furnish a bond in connection and with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other su lies used in, upon, for, or about the performance of the work contracted,to Pp be done or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth: N(yW, T1;~EREFORE, WE, the Principal, and (LEAVE BI~~NK FOR BONDING COMPANY} , as Surety, are held and f irmlybound unto the Owner the nal sum of (50~ OF AMOUNT A4~RDED AT COUNCIL MEETING) dollars $ } lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. - THE CONDITI(~1 OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall fail to a for an materials, provisions, or other supplies used in, upon, for, or pY Y about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for any amount due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, as re ired b the provisions of Chapter III, Division V, Title I of the Government ~ Y Code of the State of California, or with respect to any work or labor for which a bond is re ired by the provisions of Sections 3247 through 3252 of the Civil Code of the State of California, and provided that the persons.companies, or co rations so furnishing said materials, provisions, or other supplies, ~ n for or about the rformance of the work appliances, or power use, ln, upo , ► 1~ contracted to be executed or performed, or any person who performs work or labor u n same, or any person who supplies both~work and materials, thereto, shall Po have c lied 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 a in case suit brought upon this bond, such .reasonable attorney's pY fees to the Owner as shall be fixed by the court. CA-PW MA,TERIAL.1 1 Rev91289 This bond shall inure to the benefit of the Owners and any and all rsons, companies, and corporations and their respective assigns entitled to ~ nder a licable State law, including, but not limited to, file claims u PP 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 chan e, extension of time, alteration, or addition of the terms of the 9 contract or to the work to be performed thereunder or the specif lcatlons acc n in the same shall, in any way, affect its obligations of this bond, Y g 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. aid Suret hereb waives the provisions of Sections 2819 and 2845 of the Civil S Y Y Code of the State of California. IN WITNESS V~IEREOF, the above bounded parties have executed this instrument under their seals this day of , ► 19 the nano and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to . authority of its governing body. Principal (Seal ) Si ature for Principal Title Surety (Seal) Si nature for Surety _ Title 9 CA-P'W MATERIAL.2 2 09/89 Date: To: RE: REQUEST FOR AN APPLICATION FC}R A CERTIFICATE OF APPR~~VAL TO EMPLOY AND TRAIN APPRENTICES ON PUBLIC WORKS Firm: (Name) Address: (Number and Street} Cit (State) (Zip Code) ( y) Telephone No.: Location of Public Works Job Site: Project/Contract No.: Total Contract/Project Amount: J Project-Start Date: Project Completion Date: J Awarding Body: Apprenticeable Occupation: The official whose signature follows applies on.behalf of the above named firm for a Certificate of Approval to employ and train apprentices in the designated occupation in accordance with the provisions of Labor Code Section 1777.5. By• (Signature) Date: , (Title) 112989 PWSPEC FonnPWl r~