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HomeMy WebLinkAbout1990 Special Provisions Project 51009~Jl 1 ~ • CITY OF B~~KERSFIELD CALIFOPNIA NOTICE ~ CCNTRAC'I~RS SPECIAL P~JVISICNS BID PR~JP()SAL AND OC~ITRACr -FOR §~~§~§~5§§§§§~~§§~§~~§§§§§§§S~~§§~S§§§§S~~§S~S~S§S~~S§SS~S~§S§S~SS~~S SS §g TRAFFIC SIC~IAL INSTALLATI~1 ON 40SFC}RD I~JAD AT S~ St~I LAUREU~ AVlINUE ~ ~ ~5 ~ ~ ~ BID OPF~IING: DATE July 5, 1990 TIME 2:00 P.M. PROJECT N0, 51009 ~~FE 1 OQ C ~ •W DEP OF PUBLIC ~R~S k~ TY OF FIELD ~ . CI a~KERS ~n 1501 TJ~JI~IUN AV1~1UE No.32340 Bi~FIELD, CA 93301 2. ~~z Tele hone: 805 326-3724 EXP. p ( y . . ~ ~ Sj, ~ q CIV~ ~ ~ Cti1-,F D22: 519 GG: lh . CITY OF BAI~~RSFIELD ~ DEPARTMENT OF PUBLIC WORKS NOTICE TO CONTRACTORS SF~~LED P~FO6ALS wi 11 be received by ,the City of Bakersfield at the Office of the Purchasing Officer, City Hall, 1501 Truxtun Avenue, Bakersfield, California, until 2:00 o'clock P.M. on July 5, 1990 to be publicly opened and read . immediately thereafter, for the following work: TRAFFIC SIGNAL INSTALLATION ON C06FORD RC1AD AT S~x?TH LAUREUaLEN AVIF~NE Plans and specifications, and forms of proposal, bonds, and contract, may be obtained at the office of the Purchasing Officer by posting a refundable deposit of ZE1~J -0- ~ for each complete set. Refund of deposit will be made provided the plans and specifications are returned to the .Purchasing officer within ten (10~ days from date of bid opening and the documents are in reasonable good condition. No bid will be considered unless it is made on a proposal form furni~ by ° the Purchasing Officer, which appears herein immediately following the SPECIAD PlI~pVI5I~1S of ,the project, and is made in accordance with the provisions set forth under Section 2, "Proposal Requirements and Conditions" of the Standard Specifications. Each bid muust be acccx~anied by a proposal guarantee in accordance with the requirements of article 2-1.07 of the said Section 2 of the Standard Specif ications.~ The City of Bakersfield reserves the right to reject any or all bids. Bids are required on the entire work described herein. Substitution of securities for moneys retained to ensure performance shall be permitted pursuant to the provisions and requirements of Government Code 4590. Eligible securities include interest bearing demand deposit accounts,. standby letters of credit, or any other security agreed to by the Contractor and the City of Bakersfield. The request for substitution of securities to be deposited shall be submitted on the form entitled "Escrow agreement for Security Deposits in Lieu of Retention" included in the back of these special provisions. The Contractor must possess a valid Class A or Class C-10, Contractor's License at the time this contract is awarded. The work contemplated shall be done in accordance with the Standard Specifications of the Department of Transportation, Business and Transportation Agency, dated January, 1988, insofar as the same may apply. 6.~ Pursuant to Part 7 of Division 2 of the California Labor Code (Section 1720 . et seq. the Contractor shall not pay less than the prevailing rate of wages to workers on this project as determined by the Director of California Department of .Industrial Relations. The Director's schedule of prevailing rates is on file and open for inspection at the City of Bakersfield, Department of Public Works, 1501 Truxtun Avenue, Bakersfield, California. D22:51009.1 -1- ~ GG:lh ~2-1.06 BIDDER'S GU~'EE. All bids. shall be presented under sealed aver and shall be accompanied by a Proposal Guaranty made payable to the City of c 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 PI~JP06ED SUBCONTRAC'PORS. Each proposal shall have listed therein the name and address of each Subcontractor to wham the bidder. ro ses to subcontract portions of the work in the anaunt of 1/2 of one p whichever is reater, in accordance with the percent of his total bid or $10,000, 9 Subletti and Subcontracting Fair Practices Act, commencing with Section 4100 of n9 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 rovisions b usin unauthorized subcontractors or by making unauthorized p y g 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 re irement to provide a list of DBE Subcontractors after the opening of the proposals for projects utrlizing Federal funds. 2-1.08 OMISSIONS IN SPECIFICATI~IS AND D~IiAAWI~. Any materials or work mentioned in the specifications and not shown on the drawings or shown on the drawin s and not mentioned in the specifications shall be of the sane effect 9 as if shawri or mentioned in both: . ' sions from the drawin s or the specifications of the materials or _ Omis 9 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 rmed shall not relieve the Contractor of his responsibility for furnishing perfo ~ hall be furnished or such omitted materials or performing such omitted work, but s formed as if full shown or described in the. drawings or specifications. .per y 2-1.09 WITHDR~IL OF PROPOSALS. Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of-bids by request for the withdrawal of the bid filed with the Purchasing Department. The request shall be executed by the bidder or his duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. Whether or not bids are o Wed exactly at the time fixed in the public notice for o Wing 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. - LIC OPENING OF P~P~~LS. Proposals will be opened and read 2 1.10 PUB ublicly at the time and place indicated in the "Notice to Contractors." p' ' vited to be resent. Bidders or their authorized agents. are In p 2-1.11 RELIEF OF BIDID~~RS. 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 da s after the o Wing of the bids of the alleged mistake, specifying in Y Pe the notice in detail how the mistake occurred. D22:51009.5 -5'- ~ Public Contract Code Section 10285.1 (Chapter 376, Stats, 1985) provides as follows: An state a ncy may suspend, for a period of up to three years from y ~ 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 vlolatlon 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 u ses of this article, the Regents of the University of California P~ or tr,e 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 DIS~~(JALIFICATI~1 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 an individual, firm, partnership, corporation or combination thereof is Y interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which such individual, firm, partnership, corporation or combination thereof is interested. If there is reason for believing that collusion exists among the bidders any or all proposals may be rejected. Proposals in which the prices obviously are unbalanced may be rejected. SECTION 3. AWARD AND EXECUTION OF CO~V'TRACT 3-1.01 GENIERAL. 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 law bidder to satisfactorily perform the proposed work. 3-1.02 AWARD OF C0!!1TRACT. The award of the contract, if it be .awarded, will be made within forty-f ire (45) days after the opening of the proposals unless extension is approved by the lowest responsible bidder. 3-1.03 CONTRACT B~xVD6. 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 D22:51009.6 -6- 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, became insufficient, or the City has cause to believe that such surety or sureties have beccxr~e insuf f icient, 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 E;KECtTTION OF CAN'I.~iACT. 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 RETUI~1 OF BIDDER'S G S. 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. SECTION 4 - BEGINNING OF 6r1ORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES 4-1.01 GENERAL. Attention is directed to the provisions of Section 8, Article 8-1.03, "Beginning of Work," Article 8-1.06, "Time of Completion" and Article 8-1.07, "Liquidated Damages," of the Standard Specifications, and is specifically hereby made a part of these special provisions. The first paragraph of Section 8-1.03, "Beginning of Work," of the Standard Specifications, is amended to read: The Contractor shall begin work within fifteen (15~ days after receiving written notice the contract has been approved by the City Council if necessary and to ,proceed. The Contractor shall diligently prosecute the same to completion before the expiration of 40 working days. Contract working days will commence from the date the Contractor begins work or the 15th calendar day from the date of the written notice to proceed, whichever comes first. The Contractor shall pay to the City of Bakersfield the sum of $ 200.00 . per day for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above. D22:51009.7 -7- GG:lh Full canQensation 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 allowance will be made therefor. The Contractor shall furnish the Engineer with a statement fran 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 fur- nished within fifteen (15) calendar days f ran 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 ca~ponents 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 ccxnpletion of the work caused by manufacturing time should approval be given to begin prior to delivery of all signal system cony ponents. The nummber 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 canponents as determined by the Engineer. Upon receipt of all ca~nponents, the Contractor shall notify the Engineer in writing and the Erx~ineer will order start of work in writing. SECTI~1 5. 5-1.01 STATE CONTRACT ACT NOT APPLICABLE. Sections 1-1.40, "State Contract Act," and 9-1.10, "Arbitration," of the Standard Specifications are deleted. This contract is not governed by the provisions of the State Contract Act. The adoption and use of the Standard Specifications in the performance of the work called for in this contract shall not be construed, as an election by the City to proceed under Section 20396 of the Public Contract Code. In the event that a dispute arises between the parties, they are not obligated to submit the matter to arbitration in any form (although they may do so upon written agreement). 5-1.02 ALTERATION IN QUANTITY of WGRK. 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 provisions in Section 5, "CaJTROL OF WORK," of the Standard Specifications -and these special provisions. Section 5-1.02,"Plans and Working Drawings", of the Standard Specifications is amended by adding the following paragraph after the fourth paragraph: Working drawings or plans for any structure not included in the plans furnished by the Engineer shall be approved by the. Engineer before any work involving these plans shall be performed, unless approval is waived in writing by the Engineer. Section 5-1.07 "Lines and Grades" of the Standard Specifications is amended by adding the following paragraph after the first paragraph: 4 Three consecutive points shown on the same rate of slope must be D22s51009.8 -8- GG:lh used in common, in order to detect any variation from a straight grade, and in case any such discrepancy exists, it must be reported to the Engineer. If such a discrepancy is not reported to the Engineer, the Contractor shall be responsible for any error in the finished work. The second paragraph in Section 5-1.0?, "Lines and Grades" of the Standard Specifications is amended to read: When the Contractor requires such stakes or marks, he shall notify the Engineer of his requirements in writing a reasonable length of time in advance of starting operations that require such stakes or marks. In no event, shall a notice of less than 24 hours be considered a reasonable length of time. Section 5-1.08, "Inspection" of the Standard Specifications is amended by adding the following paragraph after the first paragraph: Whenever the Contractor varies the period during which work is carried on each day, he shall give due notice to the Engineer,_so that proper inspection may be provided. Any work done in the absence of the Engineer will be subject to rejection. 5-1.04 PPEVAILING ~~(~ES. Pursuant to Chapter 1 of Part 7 of Division 2 of the Labor Code (commencing with Section 1120), Contractor agrees that in performing said work,-by himself or through any subcontractor, eight hours' labor shall be a day's work and forty hours' labor shall be a week's work, and that Contractor shall keep an accurate record showing the name and actual hours, worked for all workers employed in said work, and that said record shall be kept open at all reasonable hours for inspection pursuant. to Section 1812 of the Labor Code. The Contractor and all Subcontractors shall pay not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime to all workers employed in the construction of this project. The prevailing rate for each craft, classification or type of work is determined by the Director of the California Department of Industrial Relations, and his schedule of prevailing rates is on file and available for inspection in the Public Works Department. .The schedule is incorporated herein by this reference. The City shall have the right to inspect payroll records during normal working hours and shall have 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. '1'~1TY-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. TWEN'1'Y-FIVE D4L]LARS ($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 PAYR(JLL REa0RD6. The fourth paragraph in Section 7-1.OlA(3), "Payroll Records," of the Standard Specifications is deleted and shall not apply to this contract.. D22:51009.9 -9- GG:Ih 5-1.06 I~~BOR NONDISGRIIKINATION. 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 129961, to the regulations pranulgated by the Fair employment and Housing G~nrnission to implement said Act, and to the nondiscrimination, affirmative action and equal employment opportunity requirements in the special provisions. 5-1.07 APPRF~ITICES. 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 en~loyment of apprentices. If the Contractor does not have a union contract which provides for apprentices, the Contractor and all Subcontractors shall submit none of the following: 1, A copy of a "R~rquest for an Application for a Certificate of Approval to E~loy and Train Apprentices on Public Works." This request shall be submitted to the local Department of Industrial Relations, Division of Apprenticeship Standards-~ the Contractor's and each Subcontractor's letterhead or Fong 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 Committee providing for apprentices. One of the above shall be submitted by the low bidder to the City of Bakersfield Purchasing Division, within two (2~ working days following the bid opening. 5-1.08 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 Z~i~ENTY-FIVE THOUS~~ND DQLILARS ($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 su~nitted 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. D22:51009.10 -10- GG:lh 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 S<~me meaning as in Labor Code Sections 1720 and 1?22 respectively. 5-1.09 SOUND OaNTR~L REQUIREMENTS. Sound control shall conform to the provisions in Section 7-1.OlI, "Sound Control R,equirements," of the Standard Specifications and these special provisions. The noise level fran 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 fran responsibility for comQlying 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 ~ 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 0 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 LICEI~ISES. 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 d from 8:30 A.M, to 4:00 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 overtire charges and said charges may be withheld from contract retention. 5-1.12. LAWS 'I~0 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. S-1.13 CON'T'RACTOR'S INSURANCE. The Contractor shall not commence work under this contract until he has obtained all insurance required under this section and the required certificates of insurance have been filed with and approved by the City Risk Manager and the .Public works Department, nor shall the Contractor allow any Subcontractor to commence work on his subcontract until said certificates of insurance have been filed and approved by the City Risk Manager and the Public. Works Department. Contractor shall be responsible for any deductibles under all required insurance policies. D22:51009.11 -11~ GG:lh 5-1.13A HOLD HAF~ILESS. 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 fran or related to any work performed by~the Contractor, his agents, employees or subcontractors under the tetras of this agreement and shall execute and return with the executed contract documents and bonds the "Hold Harmless Agreement," a copy of which is attached hereto. 5-1.13B INSi1RANCE. 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: Autaaobile 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 auta~robile liability policies shall provide coverage for a~vned, non-awned and hired autos. ° General liability insurance, providing coverage on an occurrence basis . for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million ($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; a Workers' compensation with statutory limits and employer's liability 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. D22:51009.12 -12- GG:lh insurance shall be provided b'Y 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 terns of this agreement is satisfactorily completed as evidenced by formal . acceptance by the City. . All costs of insurance required under this agreement shall be included in the Contractor's bid, and no additional allowance will be made for additional costs which may be required by extension of the insurance policies. 5-1.14 00~~'t'RACTC~R! S AIiJTHORITY. At the preconstruction meeting, the Contractor shall provide the City with the foreman's or superintendent's name who will be in charge of this project. 5-1.15 AAMACE BY STORM, FLOOD, TIL1~L EVE oR Eia,RTHQIUARE. Section . 7-1.165, "Damage by Storm, Flood, Tidal Wave or Earthquake," of the Standard Specifications is deleted and shall not apply to this contract. 5--1.16 WORK IN CITY 5't'REETS. All of the .work shown on the plans and included in these specifications that is located in the public streets in the City of Bakersfield shall be done in accordance with City Ordinance regulating the use of public streets within the City, except as otherwise provided herein. The Contractor shall inform himself as to all regulations and requirements of~the City Engineer and Superintendent of Streets of the City of Bakersfield and shall conduct his operations in compliance therewith. 5-1.17 RIGiIT OF WAY, The right of way for the work to be constructed will be provided by the City, The Contractor shall make his awn arrangements, ~ and pay all expenses for additional area required by him. outside of the limits of right of way unless otherwise provided in the special provisions. 5-1.18 SUSPEI~ISION OF CaV'TRACT. If at any time in the opinion of the .City Council, the Contractor has violated any terms of this contract, failed to supply an adequate working force,, or material of proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing will be served upon him, and should he neglect or refuse to provide means for a satisfactory compliance with the contract, as directed by the Engineer,.. within the time specified in such notice, the City Council in any such case shall have the power to suspend the operation of the contract. Upon receiving notice of such suspension, the Contractor shall discontinue said work, or such parts of it as the, City Council may designate. Upon such suspension, the Contractor :s control shall terminate, and thereupon the City Council, or its duly authorized representative; may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials, and purchase the materials contracted for, in such manner as the Engineer may deem proper; or the-City Council may annul and cancel the contract and re-let the work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and his sureties, who will be liable therefor. In the event of such suspension, all money due the Contractor or retained under the terms of this contract shall be forfeited to the D22s51009.13 -13- GG:lh 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 wi 11 be credited- with the amount of money so f orf e i ted ~ 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-cempliance 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 ~ 'rF~IPOR~~RY SCJSPENSI~1 of ARR. 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 itm~ediately 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 9-1.0~, "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 PAY!!~EN'T. 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. D22s51009.14 -14- GG:lh 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 co~letion of claim review. Aboard or person designated by said Director will review such claims and make written recam~endation thereon. The City Engineer shall, after the co~letion 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 therefran 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 "NOrTICE OF cON1PLETION" is recorded at the County Recorder's Office and after execution and return by the Contractor of the attached C~,IARAN'fEE when applicable. It is moutually 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 payment of the final amount due under the contract, and the adjustment and payment for any work done in accordance with any alterations of the same, shall release the City,. the City Council, and the Engineer from any and all claims or liability on account of work performed under the contract or .any alteration .thereof. 5-1.22 INCI~ASED OR DECIREASED QUANTITIES. The word "cc~npensation" 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, "PAY~~iENT". Second paragraph of Section 36-1.07, "PAYMENT". Tenth paragraph of Section 39-8.02, "PAY~~ENT". 5-1.23 HAZA;ft1D0IJS MATERIALS. The Contractor shall be held responsible for his workers and subcontractor's well-being and their education of handling hazardous materials when hazardous materials are encountered during this project. SECTION 6. CONTR~JL 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 D22:51009.15 -15- GG:lh before such material is used in the work. Representative preliminary~samQles of the character and. quality prescribed shall be suf<nitted 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 carnmonly recognized standards of national organizations, and such special methods and tests as are prescribed in the specifications. 6-1.02 RORRaW, DISFc~SAL 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 corc~letion 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 necessi~ry permits for borrow, disposal or material sites from the authority having jurisdiction or from the appropriate pollution control boards and such permits contain requirements which conflict with the requirements in the first and second paragraphs of this section, the requirements of the permits shall govern over the conflicting requirements of this section provided the permit requirements have been approved by the Engineer. Full compensation for. complying with the requirements for borrow, disposal and material sites in this section shall be considered as included in @ the contract prices paid for the items of work which require the use of the sites and no additional compensation will be allowed therefor. 6-1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section 6-1.07, "Certificates of Compliance," of the Standard Specifications, the Engineer may permit the use of certain materials or assemblies, prior to sampling and testing, if accompanied by a Certificate of Compliance. SECTION 7. CONSrCRUCTION DETAILS SECTION 7-1 GENERAL 7-1.01 ORDER OF WORK. Order of work shall conform to the provisions in Section 5-1.05, "Order of work," of the Standard Specifications and these special provisions. All striping removal shall be completed a minimum of 2 days prior to signal being placed into operation. Pavement delineation shall be replaced by temporary delineation ,before opening the traveled way to public traffic. Temporary delineation shall consist of reflective traffic line tape applied in pieces not~less than 4 inches long nor less than 4 inches wide spaced no more than l0 feet apart on curve nor more than 20 feet apart on tangents. Reflective traffic line tape shall be applied in accordance with the manufacturer's, y . D22:51009.16 -16- GG:lh instructions., Te~orary delineation shall be the same color as the permanent delineation. Full compensation for temporary delineation shall be considered as included in the prices paid for the contract items of work that obliterated the existing delineation and no separate payment will be made therefor. When initially installed, all vehicle and pedestrian signal faces -shall be aimed and covered with cardboard or other material with an observation hole Amax. 1" dia.) in front of each signal indication. The covers shall remain in place until all signal operations have been checked and signal is placed into operation. Prior to co~nmencernent of the traffic signal functional tests, all items of work related to the signal control shall be completed and all signs shall be in place. ?-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 cx~mpleted. ° 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 times along the project. It will be the responsibility of the Contractor to . provide for handling of said water and any expense involved shall be considered as included in the prices paid for the various items of work and no additional allavance 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 D22:51009.17 -17- GG:lh paid for the various items of work and no additional co~ensation wilY~be made therefor. . ~ 7-1.03 MAIHTAINING.'1'RAFFIC. 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. y . 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 in~rediately 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-4:0O PM, Monday through Friday. Where construction -operations are actively in progress, a minimou- 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 accommodation of public traffic thereon during paving operations. In order to expedite. the passage of public traffic through or around the work~and where ordered by the Engineer, the Contractor shall, at his own expense, furnish, install and maintain construction area signs, lights, flares, temporary railing Type K~, barricades, and other facilities for the sole convenience .and direction of public traffic. Also, where directed by the Engineer, the Contractor shall furnish can~etent 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. 7-1.04 EXISTING HIGHWAY FACILITIES. The work perforn~ed 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 D22:51009.18 -18- GG:lh MIEASUREMC[~ AHD PAY!!+~fi1T. Quantities of traffic stripe removed will be determined by the width of the stripe plus 0.67-foot multiplied by the length of the stripe. The space between double traffic stripes will be measured as painted traffic stripe. Quantities of pavement markings reproved will be determined by the actual size of the rectangle measured in square feet. Repaving of traffic stripes will be paid for at the contract unit price V per square foot for the actual area of authorized stripe removal. The contract unit price per square foot as remove traffic striping and marking shall include full compensation for furnishing all labor, materials, tools, equipment, signs and for doing all work necess<~ry for removing existing striping as shown on plan and as directed by the Engineer. 7-1.06 DUST OaV't'R~L. It shall be the Contractor's responsibility to prevent a dust nuisance fran originating fran 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 follaving: 1. Water shall be applied to all unpaved areas as required to prevent the surface fran 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. PAS. Full compensation for conforming to the requirements of this a 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-.1.07 FINISHING F~JADG~Y. 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 broan is used, a self-contained, pick-up type, power broom with water distribution system shall be used. PAY!!+IENT. The first paragraph in Section 22-1.03, "Payment," of the Standard Specifications, is amended to read: D22:51009,20 -20- GG:lh Full co~ensation 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 ch~~nnelized 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 shaven 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 cxxnpensation will be made therefor. 7-1.08 RQADSIDE SIGNS. Roadside signs shall conform to the provisions in Section 56-2, "Roadside Signs," of the Standard Specifications and these. special provisions.. Misvellaneo~s roadside signs shall conform to City Standard TS-4. Where sign posts are placed within concrete sidewalk the sidewalk shall be core drilled. R,oto hampering or other similar methods will be permitted provided that the .perimeter of the damaged area is sawcut to the limits required to form a rat finish as directed by the Engineer. MEAS ~ 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). ?=1.09 aVERHEAD SIGNS. Overhead signs shall conform to the applicable provisions in Section 56, "Signs," of the Standard Specifications and these special provisions. Mast-arm hangers for street name signs will be furnished a and installed by the City. Street name signs will be furnished and installed by City of Bakersfield using mast-arm hanger methods such as Hawkins M10J Series swinging sign bracket, with return spring removed, or acceptable equal. Overhead signs installed on signal poles, mast-arms or on flashing beacon mast-arrn shall be furnished and installed by the Contractor in accordance with the plans and these special provisions. Compensation for overhead signs shall be considered included in the respective contract lump sum price or prices for signal, flashing beacon, or combination thereof . ?-1,10 TRAFFIC DELINEATI~1. Immediately after resurfacing operations~or when directed by the Engineer, replace all obliterated pavement delineation with temporary delineation during .the same work period, and in no ease later than 7:30 a.m. following such work period. Temporary delineation consists of reflective traffic line tape applied in pieces not less than 4 inches long nor less than 4 inches wide, spaced no more than 20 feet apart on tangents and no more than 10 feet apart on curves. Apply reflective traffic line tape in accordance with the manufacturer's D22:51009.21 -21- C~G:lh instructions. Temporary delineation must be the same color as the permanent delineation. Remove temporary delineation applied to asphalt concrete patches immediately prior to applying asphaltic emulsion tackcoat for asphalt concrete overlay. A striping plan will be made available to the Contractor when traffic delineation is to be modified b'Y the City. PAY~~IENT. Full ccxnpensation for tr~~`' ~ X11 be considered as included in the prices pad f work, and no separate payment wi 11 be made therefor. SECTION 7 0~1 • SECTION 7-2 T~RAFFIC'l; -'G, AND STRT~ 7-2.01 FOUNDATIONS. Foundations, visions in Section 86-2.03, "Foundations," of the Standar, - a special provisions. - The Contractor shall furnish the anch~ to be used for .new foundations and shall furnish the ~ ushers for existing foundations to be reused. Portland cement concrete shall conform to Section 90-10, "Minor Concrete," of the Standard Specifications and shall contain not less than 470 pounds of cement per cubic yard, except for pile foundations shall contain not less than 564 pounds of cement per cubic yard. ry 7-2..02 CONDUIT. Conduit shall conform to the provisions in Section 86-2.05, "Conduit," of the Standard Specifications and these provisions. Conduits may be installed by either jacking/drilling or open trench methods. Installation using jacking or drilling shall conform to Section 86-2.05C, "Installation," of the Standard Specifications. Open trench installation shall conform to the following specifications: 1. Conduit shall be rigid non~retallic type. Conduit shall be placed under existin' pavement in a trench not to exceed 6 inches in width. Trench shall be cut using a rock saw, and all loose uncompacted material shall be removed from the bottom of the trench prior to placement of conduit. The top of the installed conduit shall be a minin~un of 12 inches . below finished grade. 2. The conduit shall be placed in the bottam of the trench and the trench shall be backfilled with a one (1) sack slurry cement backfill. Slurry cement backfill shall. be placed to within 0.20 feet of the pavement surface. The top 0.20 feet shall be backfilled with asphalt concrete produced from cormiercial quality paving asphalt and aggre- gates. D22:51009.22 -22- GG:lh _ 3. Prior to spreading asphalt concrete, paint binder shall be applied as specified in Section 39-4.02, "Prime Coat and Paint Binder," of the Standard Specifications. Spreading and compacting of asphalt concrete shall be performed by any method which will produce an asphalt concrete surface of .uniform snaothness, texture, and density. 4. All excavated areas in the pavement shall be backfilled by . the end of each work day. Temporary roac~tix or other acceptable temporary surface will be allowed on the top 0.20 feet until such a time as the permanent asphalt surface is placed. Dependant upon adverse soil conditions. or other circumstances encountered at the time of construction, the Engineer may specify which of the above methods may be used.. 7-2.03 PULL BOXES. Pull boxes shall conform to the provisions in Section 86-2,06, "Pull Boxes," of the Standard Specifications .and these special provisions. Recesses for suspension of ballasts will not be required. o . 7-2.04 Oc~1DUCTORS AND WIR[NG. Conductors and wiring shall conform to the provisions in Section 86-2.08, "Conductors;" and Section 86-2.09, "Wiring," of the Standard. Specifications and these special provisions. . .CONDUCTORS - The Contractor shall use muulti-conductor electrical cables for all circuits except between the service switch and controller cabinet. r Only multi-conductor cable conforming to the following shall be-used; 5 Conductor cable consisting of 5 No. 14 conductors colored 1 each red, yellow, brown, white and black. 9 Conductor cable consisting of 1 No, 12 conductor colored white and 8 No. 14 conductors colored 1 each red, yellow, brown, black, red/black stripe yellow black stripe, brown/black stripe and white black stripe. 28 Conductor cable consisting of l No. 10 conductor colored white and 27 No. 14 conductors colored as indicated in the following conductor table fora single ring operation. a~TDUCTOR TABLE Insulation Colors Signal Phase Circuit ~ or Function _ Base Stri 2 & 6 _ Red, Yellow, Brown Black Vehicle 4 & 8 Rsd, Yellow, Brawn Orange Signals 1 & 5 Red, Yellow, Brown Silver D22:51009.23 -23- GG:lh 3 & 7 Red, Yellow, Brcx~m ~ Purple 2p & 6p Red, Brawn 2 Black Pedestrian. 4p & 8p Red, Brawn 2 Orange Signals lp & 5p Red, Brawn ~ 2 Silver 3p & 7p Red, Brawn 2 le w 2p & 6p Blue Black Pedestrian 4p & 8p Blue Orange Push Buttons lp & 5p Blue Silver . 3p & 7p Blue Purple Pedestrian Push Buttons White Black Can~ron Signal White None Railroad .Pre-emption ~ Black Red Spare Black None. The cable sheath shall be polyethylene and the conductor insulation shall be Tlipe T~~IN polyvinyl chloride. Sulbparagraphs 1, 2, 4 and 5 of the first paragraph of Section 8b-2.09D, "Splicing," of the Standard Specifications are deleted. Conductors shall be spliced by the use of "C" shaped ca~ression connectors as shave on Standard Plan ES l3. e . Splices shall be insulated by "Method B." 7-2.05 SERVICE. Service shall conform to the provisions in Section n 86-2.11, "service," of the Standard Specifications and these special provisions. Unless otherwise noted, .service shall be as shown on the plans and shall be furnished with 100 amp, 240 volt, 3 pole main breaker and the following. branch circuit breakers: No. Amps Phase Volts Branch Metered 1 60 1 110 Traffic Signal Yes 2 30 1 240 Lighting No *3 30 1 110 Flashin Beacons Yes 9 * Provided where flashing beacon is included with the traffic signal. The Engineer will arrange with the serving utility to complete service connections to service points shown on the plans and will pay all required costs and fees .required by the utility. 7-2.06 TESTING. Testing shall conform to the provisions in Section 86-2.14, "Testing," of the Standard Specifications and these special provisions. The signal shall not be placed in flashing mode, with signal faces uncovered, prior to Functional Testing. 4 FIJ~~CTI~IAL TESTING. All functional .testing shall confor- to the D22:51009.24 -24- GG:lh provisions is Section 86-2.14C "Functional Testing," of the Standard Specifications a.d the following paragraph: Functional test period is included in the number o~ working days to complete the project" as described in SECTION 4, "BEGINNING OF WORK, TIl~ off' O~iPLETIQ~ AND LIQUIL~TED Di~'AGES" of these special provisions. 7-2.07 SIGNAL FACES AND SIGNAL HlEAD6. Signal faces, signal heads and auxiliary equipment, as shown on the plans, and the installation thereof, shall conform to the provisions in Section 86-4.01, "Vehicle Signal Faces," 86-4.02, "Directional Louvers," 86-4.03, "Backplates" and 86-4.06, "Signal Mounting Assemblies," of the Standard Specifications and these special provisions. Housing, visors, directional louvers and backplates shall not be structural plastic. All lamps for traffic signal units shall be furnished by the Contractor. All signal faces shall be provided with 12-inch sections. The third sentence of the first paragraph of Section 86-4.06, "Signal Mounting Assemblies," of the Standard Specifications, shall be amended to read as follows: Slip-fitters and .terminal compartments shall be cast bronze or hot-dip ,galvanized ductile iron. 7-2.08 PEDESTR[AN SIC~~IALS. Pedestrian signals shall conform to the provisions in Section 86-4.05, "Pedestrian Signal Faces," of the.Standard Specifications and these special provisions. Pedestrian signals shall be 'Ripe C, and shall have energy efficient heads eguivalent to Indicator Controls Corporation Model 4094B. 7-2.09 LUMINAIRES. Luminaires shall conform to the provisions in Section 86-6.01, "High.Intensity-Discharge Luminaires," of the Standard Specifications and these special provisions. .Luminaires shall be furnished with 200-watt high pressure sodium lamps and integral ballasts. An in-line fuse shall be located in the pull box. 7-2.10 PHOTOELECTRIC CONTROLS. Photoelectric controls shall conform to the provisions in Section 86-6.07, "Photoelectric Controls", of the Standard Specifications and these special provisions. Each luminaire shall be provided with a 'Ripe IV photoelectrical control. 7-2.11 04NTRpLILERS, CABINETS AND AUXILIARY EQUIPMENT. The City will furnish the controller and cabinet assembly for each location. 7-1.12 DE"i'EChURS. Detectors shall conform to the provisions in Section 86-5, "Detectors," of the Standard Specifications and these special D22:51009.25 -25- GG:lh provisions. Location and layout of detector loops shall be as directed by the Engineer. INSTALLATI~1 DIETAIIS: 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 E 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, "Epoxy Sealant for Inductive Loops," to within 1/8 inch of the pavement surface. The sealant shall be at least 1/2 inch thick above the top conductor in the saw cut. Before setting, surplus sealant shall be removed from the adjacent road surfaces without the use of solvents. In lieu of the epoxy sealant specified above, slots may be filled with either of the following materials: 1. An elastcmeric sealant conforming to the following: The sealant shall be a polyurethane material of a ca~osition 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. Type A,.Model 1700 77° F. (25° C.) 50~ relative humidity. Tensile strength - 500 psi, min. ASTM D 412 Die C, pulled at 20 IPM. Elongation - 400 v, minimum ASTP~I D 412 Die t=r p1~ll~d 20 IP"~, Flex at - 40° F. - no cracks 25 mil Free Film Bend (180°) over 1/2" Mandre 1. Weathering Resistance - Btight ASTM D 822 Weather~r.~~r 350 sirs. Chalking Cured 7 days at 77° F. (25° C.) 50$ relative humidity.. Salt Spray Resistance - 500 psi, ASTM B 117 28 days at 3.00° F. X38° C.) minimum Tensile; 400$, minimum 5$ NaCl, Die C, pulled at 20 IPM. .3. elongation Dielectric Constant - Less than ASTM D 150. 25~ change over a temperature range of -30 ° C. to 50 ° C. 2, Asphaltic Emoulsion Inductive Loop Sealant shall conform to State of California Specification 8040-41A-15. D22:51009.26 -26- GG:lh Loop conductors shall be installed without splices and shall terminate in the nearest pull box. 'The. loops shall be joined in the pull box in combination of series and parallel sc~ that optimoum sensitivity is obtained at the sensor unit. ~u Final splices between loops and lead-in cable shall not. be made until the operation of the loops under actual traffic conditions is approved by the Engineer. All loop conductors for each direction of travel for the same phase of a traffic signal system, in the same pull box, shall be spliced to a cable which shall be run from the pull box adjacent to the loop detector to a sensor unit mounted in the controller cabinet. .Splices to the cable shall be made in pull boxes only. All loop conductors for traffic counters shall terminate in a pull box or terminal strip in the traffic count station cabinet when such a cabinet is installed. Conductors for inductive loop traffic signal and traffic counting installations shall be identified and banded, in pairs, by lane, in the pull box adjacent to the loops and near the termination of the conductors in the controller or traffic count station cabinet. Bands shall conform to the provisions in Section 8d-2.09, "wiring." . Identification of each conductor pair shall consist of labeling the phase and detector slot number (e.g. - 6J2L, 8J8U, 3I5U, etc.) in permanent ink 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 layer of asphalt concrete imomediately below the uppermost layer. Installation details shall be as shown on the plans, except the epoxy sealant shall fill the slot flush to the surface. Detector loops in concrete pads shall be sealed with epoxy y sealant. Loop detector lead-in cables shall conform to the provisions in Section 86-5.O1A (4}, "Construction Materials," of the Standard Specifications and these special provisions. Loop detector lead-in cables shall be Type B, and shall conform to the following: 1. All spade connectors used to attache to terminals inside the controller cabinet shall be crimped and soldered to the conductor. 2. Loop wires in the pull box shall be twisted at a - minimum rate of 5 turns per foot, and the splice must be soldered and completely waterproof. Connect ' one end of the shield to earth ground (at cabinet} and insulate the other end with no possible path to earth ground. 7-2.13 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 (1) year from the date of acceptance of the work. The guarantee, properly executed, shall be filed with the D22:51009.27 -27- GG:lh City before notice of completion and final acceptance is made b'Y the City of the work described on the plans and these special provisions. 7-2.14 PAYI~I'T. Payment for signals and 1 fighting shall conform to the provisions in Section 86-8, "Payment", of the Standard Specifications and these special provisions. c Full campensation 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. s 1 D22:51009.28 -28- GG:lh 8040-41A-15 STATE OF CALIFORNIA Specification . Asphaltic Emulsion 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 ir: freeze-thaw envirorunents. 2.0 APPLICABLE SPECIFICATI~IS 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. n 3.0 REQUIR~~MENTS 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 aone-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 ' 4 ' D22:51009.29 -1- GG:lh is emulsion Inductive Sealant 8040-41A-15 Asphalt ~P 3.2.3 Firm set time, hours, 4 test at one hour intervals, use ASTM D2939 3.2.4 Brookfield viscosit , Poise 50 to 125 Y RVT Spindle #3, 10 RPM at 75 ± 2°F. 3.3 Properties of the Dried Film 3.3.1 Flexibility, No full depth Use A~;'I~I D2939, except air dry specl.n~ns to cracks constant weight at 75 ± 5°F. and 50 ± 10$ relative humidity. Condition mandrel and specimens 2 hours at 75 + 2°F before testa Use aluminum panels, 0.03 inches thick (Q panel or equal). 3.3.2 Tensile Strength, psi, 20 :ainimrma cast sheets 0.25 inches thick and air dry at . 75 + 5°F, 50 + 10$ relative huumidity for minimum of 16 hours. Load rate 0.05, .inches/minute, use ASTM D2523. 3.3.3 Elongation, $ 2.0 minim~an Same conditions as 3.3.2 use A~3TM D2523 3..3.4 Slant-shear strength to concrete, psi, 150 min].1m~1, 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 l 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 minirrnun 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. D22:51009.30 haltic Emulsion Inductive Loop Sealant 8040-41A-15 ~P o e 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 re lacin material that is unfit for use. The properties of any p g ~ 0 shall remain replacement material, as specified in Paragraph 3. , satisf acto for 12 months f roam date of acceptance and delivery. ry 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 A~55URANCE PR~TISI~IS 4.1 Inspection This material shall be inspected and tested in accordance with State of California Specification 8010-~-99, or as otherwise deemed necess~~ry. 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 .p 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 Cam~nission regulations, as applicable. 5.2 Marking All containers of material shall be labeled showing State cif ication 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. D22:51009.31 ~ GG:lh Asphaltic emulsion Inductive Loop Sealant ~~8040-41A-15 6.0 ~1W~~FS 6.1 Directions for Use Saw cuts shall be blown clean with compressed air to remove excess water and debris. The sealant moust be thoroughly stirred before use and hand poured into the slots. Due to the sand content of this material, pumping is not reco~nded. 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, Pram 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 Campliance 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. ~ _ D22:51009.32 GG:lh ALTERNATE LOCATION TO 8E TYPE B.S.S. USED WHEN THE SIDEWALK Y 2" GALVANIZED PIPE EXTENDS FROM THE CURB J AS PER AMERICAN FENCE CO. TO THE PROPERTY LINE, Q i N COMMERCIAL w PARTICULARLY AREAS. i~ ~ II p C Il - I Y ii v 1! Q II m 2~0~~-~~ i ~ • ,i...:..~r~• ti.. i. •4~ti. ( ~ ( ~ r Q . ~ ~i) M~ . ~ i : , 8~~ MIN. ~~1 ~ ~ CLASS "8~~ PC.C. M . -..:y:. APPR4YE0 MISCELLANEOUS SIGN DETAIL CITY ENGINEER RscoRDtD ~ CITY OF BAKERSFi ELD cATt /2/os/BS ~N eooK~.AT t•Adt~._ CALIF~RNlA cRAwN G ol~trlct~►c, RtcoRO~ o~ KERN COUNTY. CJ1LiRORN1A ENGINEERING DEPARTMENT CMtCKtOS. L. fN. PROPOSAL FOR ' TRAFFIC SIC~IAL INSTALLATION ON GOSFORD ROAD AT S(JUTH LAURELGLEN AVENUE To the City Clerk of the City of Bakersfield: The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this pro- posal is made without collusion with any other person, firm or corporation; that he has carefully examined the location of the proposed work, the annexed pro- posed form of contract and the plans therein referred to; and he proposes and agrees if this proposal is accepted, that he will contract with the City of Bakersfield, in the prescribed form of contract hereto annexed, to provide all necessary machinery, tools, apparatus and other means of construction .and to do all the work and furnish all the materials in accordance with the plans and spe- cif ications for the above, filed in the off ice of the Finance Director of the City of Bakersfield and as specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefor the unit prices or lump sums set forth in the following schedule: The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within ten (10) days., not including Sunday,. after having received notice that the contract is ready for signature, the proceeds of the check or bid bond accompanying his bid-shall become the pro- perty of the City of Bakersfield. Bidder acknowledges receipt of the following addendum: ITEM ESTIMATED UNIT OF ITEM UNIT PRICE E~I'ENSION N0. QUANTITY M1IASURE (in figures) PRICE (i. fi 2es) 1 1 LS Install Traffic Signa SIGNED . Bidder Company Address City State Zip Code ( ) Area Code Telephone Number License No. and Expiration Date THE REPRESENTATIC~IS MADE HEREIN ARE MADE UNDER PENALTY OF PERTIJRY. D22:51009.33 - Page 1 of 2 GG:lh ITEM ESTI~~~TED UN1'~ of ITEM.. Uh1IT PRICE ~K"TII~ISICJ~1 N0. Q1~~TZTY ~ME~'~SURE (in figures } PRICE (in fi res} 3 1435 SF Remove Paven~nt markings and stri in s 4 6 EA Install Roadside signs (GSP Post} TOTAL SIC~IED Bidder C~~mpany Address . City State Zip Code _ ( } Area Code Telephone Number License No. and Expiration Date THE REPRESENTATIONS MADE HEREIN .ARE MADE UNDER PENALTY OF PERJURY. Page 2 of 2 , D22:51009,34 -34- GG:lh 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 e respective .Extension Price(s) and/or the Bid Total, the Unit Price(s) shall prevail, and the bid submitted shall be the correctly computed sum of all correctly computed Extension Prices, provided, however, if the amount set forth as a Unit Price is unintelligible or omitted, then the amount set forth. in the Extension Price column for the item shall be used to determine the correct Unit Price in accordance with the following: (1) As to lump sum items, the amount set forth in the Extension Price column shall be the Unit Price. (2) ~As to unit basis items, the amount set forth in the Extension Price column shall be divided by the estimated quantity for the item and the price thus obtained shall be the .Unit Price. LIST 0~' SUBC~!]TRACTORS A11 persons or parties su}~nitting a bid proposal on the project shall complete the following form, setting forth the name and the location of the mill, shop ° or office of each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work or .improvement in excess of one-half of one ~1$) percent of prime Contractor's total bid, or TEN THOUSAND DOLILARS ($10,000), whichever is greater,. and the 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 ■~~i~~~~~ ~r~~i~~~~i~A~~~~A~~~i ~ ~~i~~~~~rA~~~~~~~~~~ ~~~~~~~~~~~~~~~~~I (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. D22:51009.35 -35- GG:lh [This form shall be ccxnpleted by all Bidders and submitted w___th the Bids TRAFFIC SIC~IAL INSTALLATION ON G4SFORD AT S~~UTH I~~IJRELGLEN AvIENUE NONCOLLUSION AFFIIaAVIT T~0 BE EXECUTED BY BIDDER AND SUBMITTED WTTH BID State of California ) ss: County of ) - being first duly sw©rn, deposes and Na~rne says that he or she is of Title ~ Cc~Y 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, con~nunication, 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 av~arding~ the contract of anyone .interested in the proposed contract; that all statements contained in the bid are true;. and, further, that the bidder has not, .directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid." Signature of Bidder Business Address Place of Residence Subscribed and sworn to before ~ this ~ day of , 19 D22;51009.36 -36- GG:lh Accompanying this proposal is (NOTICE: Insert the words "cash "cashier's check,"~"certified check," or "bidder's bond," as the case may bed, 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 f of lcxas IMPOI~~~NT NOTICE If bidder or their interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full. • • • • • • • • • • • • . • • • • • • • • • • . • • • • • • . • • • • • • • • • • . 1 • • • • • • • . • • • • • • • • • • . • . ! • • • • • • • • • • • • • • • Licensed in accordance with an act providing for the registration of Contractor's License No. e. SIC~1 HERE Signature of Bidder N02'E--If bidder is a corporation, the legal name of the corporation shall be set forth. above together with the signature of the .officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a copartnership, the true name of the firm shall be set .forth above together with the signature of the partner or partners authorized~to sign contracts in behalf of the copartnership; and if bidder is an individual, his signature shall be placed above. If signature is by an agent, other than an officer of a corporation or a member of a partnership, a Power of Attorney moust be on file with the City Clerk of the City of Bakersfield prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. Business Address Telephone No . Place of Residence Da~.ed 19..... D22:51009.37 -37- GG:lh BIDDER'S BC~1D ZED ACCAMPANY PR~JP~aSAL (Not necessary if cash or certified cheek is with bid) ~ ALL MEN 8Y T1:~SE PRESE~~I'S: M That we as principal, and as surety, are held and firmly bound unto the City of Bakersfield, a body politic and corporate of the State of California, in the sum of dollars to be paid to said City, for which payments, well and truly to be made; we bind ourselves, our heirs,. executors and administrators, successors or assigns, jointly and severally by these presents. THE C~NDITICJN OF THIS OBLIGATIC~1 IS SUCH: That if the certain proposal, hereunto annexed, to construct TRAFFIC - SIGNAL MODIFICATION ON GO5FORD ROAD AT S(~JTH LAURELGLEN AVENUE. in the City of Bakersfield as referred to in the NOTICE TO C(XV'TRACTORS attached hereto, is accepted by the Council of said City and if .the above bounden principal, heirs, executors, administrators, successors and assigns, shall duly enter into and execute a contract, to construct said improvements aforementioned, and shall execute and deliver the two bonds required by law, within ten days (not including Sunday) from the date of a notice to the above bounden principal, that said contract is ready for execution, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. IN WITNESS WHEREOF, we have hereunto set our hands and seals this ~ day of ~ , 19 (Seal) (Seal) (Seal) D22:51009.38 Page 1 of 2 GG;lh • STATE OF CALIFORNIA ) ) ss. COUN'T'Y OF . ) On this day of 19......, before me, a notary public in and for the 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 acknowledged to me that he subscribed the name of ...........................................thereto as surety, and his awn - .name as Attorney in Fact. IN WITNESS WHEREOF I have hereunto set my hand and affixed my - official seal the day and year in this certificate first above written. Notary Public in and for said County and State D22:51009.39 ~ Page 2 of 2 GG:lh GUARANTEE TRAFFIC SIGNAL EQUIPMENT CITY OF BAKERSFIELD Department of Public Works 1501 Truxtun Avenue, Annex Building Bakersfield, California 93301 In accordance with the terms of Contract No. , for: TRAFFIC SIC~JAL INSTALLATION ON GOSFORD ROAD AT SOUTH LAURELGLEN AVENUE , awarded on , between the City of Bakersfield (hereinafter referred to as the City), and the undersigned, which contract provides for the installation of lighting and/or traffic signs w.^s stem____~ and under which contract the undersigned has furnished and installed such system, the following guarantee of the said system is hereby made. Should any of the equipment installed pursuant to said contract, except lighting elements, prove defective or should the system as a whole prove defective, due to faulty workmanship, material furnished, or method. of installa- tion, or should said system or any part thereof fail to operate properly, as planned, due to any of the above causes, all within (1) year after date on which said contract is accepted by the City, the undersigned agrees to reimburse the City,~upon demand, for its expenses incurred in restoring said systems to the condition contemplated in said contract, including the cost of any equipn~nt or materials replaced, or, upon demand by the City, to replace any such equipment and repair said systems completely without cost to the City, so that they will operate successfully as originally contemplated. The City shall have the option to make any needed repairs or replace- ments itself or to have such replacements or repairs done by the undersigned. .Prior to such replacement or repair work being done by the City, the undersigned shall have the option to make any needed repairs or replacements. In the event the City elects to have said work performed by the undersigned, the undersigned. agrees that the repairs shall commence to be made. and such materials as are nec- essary shall con~r~nce to be furnished and installed within Twenty-Four (24) hours of the date specified in the City's written notification. Contractor shall prosecute with due diligence to complete the work within a reasonable period of time, as specified in the City's written notification. Said system will be deemed defective within the meaning of this guar- 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 D22:51009.40 GG:lh GUARANTEE MATERIAL AND W~RIKMANSHIP s: CITY OF BAKERSFIELD Department ofPublic Works 1501 Truxtun Avenue, Annex Building Bakersfield, CA 93301 In accordance with the terms of the Contract for: awarded on , between the City of Bakersfield (hereinafter referred to as "City"~, and the undersigned, which contract provides for the ` installation of and other facilities and under which contract the undersigned has installed such facilities, the following guarantee of the said facilities is hereby made: When .the project is completed and accepted, we guarantee the same to be free from imperfect workmanship and/or materials, and we agree to repair and/or replace at our own cost and expense, any and all such work, and/or materials which may prove defective in workmanship or ,materials within a period of one (1) year from the date of acceptance of the above named construction project, ordinary wear and tear or neglect exce0ted. We also agree to repair and/or replace, at our own cost and expense, any work and/or materials that we may disturb or displace in making good such defects. Within twenty-four (24~ hours after being notified in writing by the City or the City's representative, or the agent of either of them, of any defects in said work or materials, we agree to commence and prosecute with due diligence, all work necessary to fulfill the terms of this guarantee and to complete the work within a reasonable period of time, and in the event of our failure to so comply, we collectively and expressly do hereby authorize the City and/or the City's representative, or the agent of either of them, to proceed to have such work done at our expense and we will honor and pay. the cost and charges therefor upon demand. This guarantee is made expressly for and runs to the benefit of both the City of the above mentioned construction project and the City's representative, and shall be enforceable by either of them. DATED Contractor's Name Authorized Signature D22:51009.41 GG:lh HOLD I~~RMLESS AGREE CITY OF B~~KERSFIELD IT IS HEREBY AGREED that , agrees to indemnify and hold harmless the City of Bakersfield, its agents, employees or any other persons against loss or expense including attorneys fees, by reason of the liability imposed by law upon the City, except in cases of the City's sole negligence, for damage because of bodily injury, including death at anytime resulting therefrom, sustained by any person or persons, or on account of damage to property arising out of or in consequence of (agreement name) IT IS FIJKTHER UNDERSTOOD AND AGREED that the Contractor shall (at the option of ,the City), defend the City of Bakersfield with appropriate counsel and shall further bear all costs and expenses, .including the expense of counsel, in the defense of any suit arising hereunto. - DATED Contractor's Name Authorized Signature D22:51009.42 -42- GG:lh i CONTRACT N0. TRAFFIC SIC~IAL MODIFICATION ON GOSFORD ROAD AT THIS AGREEMENT, made and entered into on , by and between the CITY OF BAKI~SFIELD, a municipal corporation, herinafter called °'City," and , hereinafter called "Contractor"; WITNESSETH: ~IEREAS, City has duly advertised for sealed proposals for TRAFFIC SIG~JAL INSTALLATION ON G06FORD ROAD AT S~JTH LAURELGLEN AVENUE , within the City of Bakersfield. On , the contract was awarded to Contractor upon his properly executed bid; and WHEI~?AS, one of the conditions of said award required a formal contract to be executed by and between City and Contractor. N(~T, T1:~EREFORE, it is mutually agreed by and between. the parties hereto as follows: ARTICLE I Contractor agrees. to furnish supplies, equipment, labor and materials for ~ within the City of Bakersfield. ARTICLE II The following shall be deemed to be part of this contract as if fully set forth herein: 1, Notice to Contractors 2. Special Provisions 3. Bid Proposal 4. Bidder's Bond 5, Performance Bond 6. Material and Labor Bond 7. Letters of transmittal, if any 8. All. provisions required~by law to be inserted in this contract whether actually inserted or not. 9, Hold Harmless Agreement 10 Current Pwl cif required by Specifications 4 D22:.51009.43 -1- ~ GG:lh IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. CITY OF B~~KERSFIELD By Mayor ~ N~~ME OF CONTRACTOR} By Contractor APPROVED AS 'h0 FORM: - By City Attorney ' C~xJNTERSIGNED: BY Finance Director D22:51009.44 -2- GG:lh ESCRC~w AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION THIS ES~~W AGREEMENT is made and entered into by and between CITY OF B~AI~~RSFIELD, a municipal corporation, hereinafter called "owner, " whose address is ~ , and hereinafter called "Contractor", whose address is , and hereinafter cal led "Escrow Agent" , whose address is . For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: 1. Pursuant to Section 4590 of Chapter 13 of Division 5 of Titled of the Government Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings ..required to be withheld by Owner pursuant to the Construction. Contract entered into between the Owner and Contractor for in the amount of dated (hereinafter referred to as the "Contract"~. When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within ten (10~ days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the,name of , and-shall designate the Contractor as the beneficial owner. 2. The Owner shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent hold securities in the form. and amount specified above. 3. Alternatively, the Owner may make payments directly to Escrow Agent in the amount of retention for the benefit of the Owner until such time as the escrow created hereunder is terminated. D22:51009.45 -1- GG:lh ESCROG~1 AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION THIS ESCRaW AGREEI!~ENT is made and entered into by and between CITY OF ~RSFIELD, 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 Escro~v Agent agree as follows 1. Pursuant to Section 4590 of Chapter 13 of Division 5 of Title 1 of the Government Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner-and Contractor for in the amount of dated - (hereinafter referred to as the "Contract"). When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within ten (10) days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of , and shall designate the Contractor as the beneficial owner. 2. The Owner shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract. provisions,-provided that the Escrow Agent hold securities in the form and .amount specified above. 3. Alternatively, the Owner may make payments directly to Escrow Agent in the amount of retention for the benefit of the Owner until such time as the escrow created hereunder is terminated. D22:51009.46 -1- GG:lh FAITHFUL PERFOR~►~ANCE BOND ~NOH1 ALL MEN BY THESE PRESENTS, THAT, ~iEIREAS, the CITY OF B~~KERSFIELD, California, a municipal corporation, hereinafter designated the "Owner," has, on , 19 , awarded to ,a corporation organized and doing business under and by virtue of the laws of the State of California, hereinafter designated as the "Principal," a contract for the and WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract: NOW, THEREFORE, WE, the Principal, and as Surety, are held and firmly bound unto the Owner in the sum of (100~`OF AMOUNT AWARDED AT COUNCIL MEETING), . lawful money of the United States, for the payment of which 'sum, well and truly to be made., we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. - THE C~NDTTION OF THIS OBLIGATI~1 IS SUCH, that if the above mentioned Principal, his or its heirs, executors, administrators, successors, or assigns, shallin all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the Owner, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue and Principal and Surety, in the event suit is brought on this bond, will pay to the Owner such reasonable attorney's fees as shall be fixed by the court. As a condition precedent to the satisfactory completion of the said contract, the above obligation in the said amount shall hold good for a period of one. (l) year -after the completion and acceptance of the said work, during which time if the above mentioned Principal, his or its heirs, executors, administrators, successors, or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the said Owner from loss of damage made evident during said period of one year from the date of acceptance of said work, and resulting from or caused by defective materials and/or faulty workmanship in the prosecution of the work done, the above obligation in the said amount shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Principal remains. D22:51009.4? Page 1 of 2 GG:lh And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall, 'in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of .time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2945 of the Civil Code of the State of California. As a part of the obligation secured hereby and in addition to the amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Owner in successfully enforcing such obligation, all to be taxed as costs and included in any 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 presents duly signed by its undersigned representative, pursuant to authority of its governing body. Principal (Seal) Signature for Principal Title Surety By ~ .-._.,_s~_. Seal) Signature for Surety Title Attach notarization form for each required signature.) Page 2 of 2 D22:51009.48 GG:lh MATERIAL - LABOR BOND a Kn1OW ALL MEN BY THESE PRESENTS, THAT, WHEREAS, the CITY OF ~~KERSFIELD, County of Kern, State of California, hereinafter designated the "owner," has, on (I~TE OF COUNCIL MEETING) , awarded to (NAME OF CONTRACTOR) hereinafter designated as the "Principal," a contract for the construction of TRAFFIC SIC~JAL INSTALLATION ON GOSFORD ROAD AT S(JUTH LAURELGLEN AVENUE ~iER1~AS, said Principal is required to furnish a bond in connection and with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the .same to the extent hereinafter set forth: NOW, THEREFORE, WE,~the Principal, and (LEAVE BLANK FOR BONDING COMPANY} , as Surety, are held and firmly bound unto the Owner the penal- sum of (50~ OF AMOUNT At+~ARDED AT COUNCIL MEETING) .dollars . } lawful money of the United States, for the payment. of which sum well and truly to be made, we bind ourselves, our .heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall fail to pay~for any materials, provis-ions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or .for any work or labor thereon of-any kind or for any amount due under the Unemployrr~nt Insurance,. -Code with respect to work or labor performed under the contract, or for any amounts due, or to be withheld pursuant to Sections-18806 of the Revenue and Taxation-Code of the State of California with respect to such work or labor, as required by the provisions of Chapter III, Division V, Title I of the Government Code of the State of California, or with respect to any work or labor for which a bond is required by the provisions of Sections 3247 through 3252 of the Civil Code of the State of California, and provided that the persons, companies, or corporations so furnishing said materials, provisions, or other supplies, appliances, or power use, in, upon, for, or about the performance of the work contracted to be executed or performed, or any person who performs work or labor upon same, or any person who supplies both work. and materials, thereto, shall have complied with the provisions of said Civil Code, then said Surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit brought upon this bond, such reasonable attorney's fees to the Owner as shall be fixed by the court. D22:51009.49 1 GG:lh This bond shall inure to the benefit of the Owners and any and all persons,~companies, and corporations and their respective assigns entitled to file. claims under applicable State law, including, but not limited to, California Civil Code Section 3181, so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. IN WITNESS ~IEREOF, the above bounded parties have executed this instrument under their seals this day of a~ , 19 w, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. . Principal (Seal ) Signature for Principal Title Surety (Seal) ~ Signaturefor Surety ~ Title D22:51009.50 2 GG:lh ' of the Owners and any and all 's bond shall inure to the benefit ~ titled to Thl co rations and their respective assigns en rsons, companies, and L"po ~ din but not limited to, ' under a licable State law, inclu g~ n to them or file claims pp ~ gl so as to give aright of actin California Civil Code Section 31 , , ' in an suit brought upon this bond. their assigns Y lue received, hereby stipulates and agrees And. the said Surety, for va ition of the terms of the ension of time, alteration, or add , that no change► ext thereunder or the specifications ract or to the work to be performed ~ ns of this bond, cont wa affect its obligatio acc anying the Same shall, in any Y~ ion of time, alteration, or hereb waive notice of any change, extens and it does Y r to the work or to the specifications. addition to the terms of the contract o lg and 2845 of the Civil waives the provisions of Sections 28 Said Surety hereby Code of the State of California. arties have executed this IN WITNESS ~IE1~OF ~ the above bounded p 19 , da of ~ instrum~nt under their, seals this Y ~ hereto affixed and rate seal of each corporate party being, the name and corpo ~ ndersi ed representative, pursuant to these resents duly signed by its u 9n p authority of its governing body. 9 Principal -(Seal) for Principal Title Signature Surety ~ Seal ) t Title Signature for Sure y GG:lh • 1409.51 2 D22.5 Date: To: RE: REQUEST FOR AN APPLICATION FOR A CERTIFICATE OF APPRc~VAL TO EMPIAY AND TRAIN APPRENTICES ON PUBLIC WnRKS Firm: (Name)- Address: (Number and Street) (City) State) (Zi Code p ) Telephone yNo.: Location of Public Works Job Site: Project/Contract No.: Total Contract/Project mount: Project Start Date: Project Com letion Date: p Awarding Body: Apprenticeable Occupation: The official whose signature follows applies on behalf of the above named firm fora Certificate of Approval toe to .and train a rentice ~ y • pp s in the designated occupation in accordance with the provisions of Labor Code Section 1777.5. By• (Signature) Date: Title ) D22:51009.52 GG:lh