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HomeMy WebLinkAbout1990 Special Provisions Project 51016-001COPY N0, CITY OF BAKERSFIELD CALIFORNIA NOTICE TO CONTRACTORS SPECIAL PROVISIONS BID PROPOSAL AND CONTRACT FOR TRAFFIC SIGNAL MODIFICATION ON STOCKIaALE HIGHWAY AT RIO BRAVO DRIVE BID OPENING: 1.aATE May 24, 1990 TIME 2:00 P.M. PROJECT No. 51016 § - ~~ESS~O e'~ ~ Q~ ~4 m DEP OF PUBLIC WORDS ,32 ~ CITY OF ~RSFIELD 1501 AVIEENNUEE EXP. BAKERSFIELD, C~ 93301 ~ Tele hcx~e: ~ 805) 326-3724 ~ ~ ~1, P '9 C ~V ~ 0~ C~L~~ D21:51016 JL:lh CITY OF BAKERSFIELD DEPARTMENT OF PUBLIC WORKS NOTICE TO CONTRACTORS SEALED PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasing Officer, City Hall, 1501 Truxtun Avenue, Bakersfield, California, until 2:00 o'clock P,M. on May 24, 1990 to be publicly opened and read immediately thereafter, for the following work: TRAFFIC SIB MODIFICATION ON STOCKIaALE HIG~iWAY AT RIO BRAVO DRIVE 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 - ZERO -0- )for each complete set. Refund of deposit will be made provided the plans and specifications are returned to the Purchasing Officer within ten (10) days from date of bid opening and the documents are in reasonable good condition. No bid will be considered unless it is made on a proposal form furnished by the Purchasing Officer, which appears herein immediately following the SPECIAL PR~JVISIONS of the project, and is made in accordance with the provisions set forth under Section 2, "Proposal Requirements and Conditions" of the Standard S cif ications. Each bid must be accompanied by a proposal guarantee in accordance with the requirements of article 2-1.07 of the said Section 2 of the Standard Specifications. The City of Bakersfield reserves the right to reject any or all bids. Bids are required on the entire work described herein. Substitution of securities for moneys retained to ensure performance shall be permitted pursuant to the provisions and requirements of 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 a combination of Class C-8, Class C-10, C-12, and C-34 Cpntractor's License at the time this contract is awarded. The work contemplated shall be done in accordance with the Standard S cif ications of the Department of Transportation, Business and Transportation 1, Agency, dated January, 1988, insofar as the same may apply. Pursuant to Part 7 of Division 2 of the California Labor Code (Section 1720 et seq.) the Contractor shall not pay less than the 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, D21:51016.1 -1- JL:lh CITY OF BAKERSFIELD, CALIFORNIA DEPARTMENT OF PUBLIC WORKS SPECIAL PROVISIONS SECTION 1 - DEFINITIONS AND TERMS 1-1.01 GENERAL. This work embraced herein shall be done in accordance with the Standard Specifications entitled "State of California, Department of Trans rtation, Standard Specifications, January 1988," as referenced herein, insofar as the same may apply, which specifications are hereinafter referred to as the Standard Specifications, and in accordance with the following special provisions. In case of conflict between the Standard Specifications and these s cial provisions, the special provisions shall take precedence over and be used In lieu of such conflicting portions. 1-1.02 DEFINITIONS AND TERMS. All definitions and terms in Section 1, "Definitions and Terms," of the Standard Specifications shall apply, except h never the followin terms or pronouns are used, the intent and meaning shall we g be as follows City - City of Bakersfield, California. De tm~ent of Transportation, CALTRANS - The Engineering Department of the City of Bakersfield. Director - City Engineer. Engineer -The City Engineer, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. Laboratory - The designated laboratory authorized by the City to test materials and work involved in the contract. Standard S cifications - Standard Specifications of the Department of Transportation, Business and Transportation Agency, dated January, 1988. State -The City of Bakersfield. State Contract Act - Chapter 1, Division 2 of the Public Contract Code. The provisions of this act do not apply to this contract. Other terms appearing in the Standard Specifications, the general provisions, and the special provisions, shall have the intent and meaning s cif ied in Section 1, Definition of Terms of the .Standard Specifications. D21:5101d.3 -3- JL:lh SECTION 2. PROPOSAL REQUIREMENTS 2-1.01 GENERAL INFORMATION. The Purchasing Officer of the City of Bakersfield, California, will receive at her office, City Hall, 1501 Truxtun Avenue, in said City, until 2 o'clock P.M. on May 24, 1990 sealed proposals for TRAFFIC SIGNAL MODIFICATION ON STOCKDALE HIGHWAY AT RIO BRAVO DRIVE 2-1.02 APPROXIMATE ESTIMATE. The Engineer's estimate of the quantities of work to be done and materials to be furnished are approximate only, being given as a basis for the comparison of bids, and the City of Bakersfield does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that may be deemed necessary or expedient by the Engineer. 2-1.03 E~~AMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF GVORK. The bidder is required to examine carefully the site of work, the proposal, plans and specifications, and contract forms. It will be assumed that the bidder has investigated, and is satisfied as to the conditions to be encountered, the character., quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, the special provisions, and the contract. It is mutually agreed that the submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. 2-1.04 REJECTION OF PROP06ALS CONTAINING ALTERATIONS, ERASURES OR IRREGULARITIES. Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures or irregularities of any kind. Proposals in which the prices obviously are unbalanced may be rejected. The right is reserved to reject any and all proposals and waive any irregularity. 2-1..05 PROPOSAL FORM. All proposals must be made upon blank forms to be obtained from the Purchasing Officer, the form of which appears herein imumediately following these special provisions. All proposals must give the prices proposed, both in writing and figures, and must be signed by the bidder, with his address. If the proposal is made by an individual, his name, telephone number and post office address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the names of .the state under the laws of which the corporation was chartered and the names, titles, and business addresses of the president, secretary and treasurer. D21:51016.4 -4- JL:lh 2-1.06 BIDDER'S GUARAN7CEE. All bids shall be presented under sealed cover and shall be accompanied by a Proposal Guaranty made payable to the City of Bakersfield, for an amount equal to at least ten percent (10$7 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 PRGPOSED SUBCONTRACTORS. Each proposal shall have listed therein the name and address of each Subcontractor to whom the bidder proposes to subcontract portions of the work in the amount of 1/2 of one percent of his total bid or $10,000, whichever is greater, in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. The bidder's attention is invited to other provisions of said Act related to the imposition of 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 the requirement to provide a list of DBE Subcontractors after the opening of the proposals for projects utilizing Federal funds. 2-1.08 OMISSIONS IN SPECIFICATIONS AND DRAWINGS. Any materials or work mentioned in the specifications and not shaven on the drawings or spawn on the drawings and not mentioned in the specifications shall be of the same effect as if shown or mentioned in both. Omissions from the drawings or the specifications of the materials or details of work which are manifestly or obviously necessary to carry out the intent of the drawings and specifications or which are customarily furnished or performed, shall not relieve the Contractor of his responsibility for furnishing such omitted materials or performing such omitted work; but shall be furnished or rformed as if fully shown or described in the drawings or specifications. 2-1.09 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids by request for the withdrawal of the bid filed with the Purchasing Department. The request shall be executed by the bidder or his duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after that time, nor may any bid be withdrawn after the time fixed in the public notice for the opening of bids. 2-1.10 PUBLIC OPENING OF PROPOSALS. Proposals will be opened and read publicly at the time and place indicated in the "Notice to Contractors." Bidders or their authorized agents are invited to be present. 2-1.11 RELIEF OF BIDDERS. Attention is directed to the provisions of Public Contract Code Sections 5100 to 5107, inclusive, concerning relief of bidders and in particular to the requirement therein, that if the bidder claims a mistake was made in his bid, the bidder shall give the Department written notice within 5 days after the opening of the bids of the alleged mistake, specifying in the notice in detail haw the mistake occurred. D21:51016.5 -5- JL:lh Public Contract Code Section 10285.1 (Chapter 376, Stats, 1985) provides as follows: Any state agency may suspend, for a period of up to three years from the date of conviction, any person from bidding upon, or being awarded, a public works or services contract with the agency under this part or from being a subcontractor at any tier upon the contract, if that person, or any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Section 1101, with any public entity, as defined in Section 1100, including for the urposes of this article, the Regents of the University of California p or the Trustees of ~-he California State University. A state agency may determine the eligibility of any person to enter into a contract under this article by requiring the person to submit a statement under penalty of perjury declaring that neither the person nor any subcontractor to be engaged by the person has been convicted of any of the offenses referred to in this section within the preceding three years. A form for the statement required by Section 10285.1 is included in the proposal. 2-1.12 DISQUALIFICATION OF BIDI~RS. More than one proposal from an individual, firm, partnership, corporation, or combination thereof under the same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is .interested in more than one proposal for the work contemplated may cause the re'ection of all ro sals in which such individual, firm, partnership, corporation ~ p ~ that or combination thereof is interested. If there is reason for believing 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. ACRD AND EXECUTION OF CONTRACT 3-1.01 GENERAL. The award of the contract, if it be awarded, will be to the lowest responsible bidder. The language "responsible" refers to not only the attribute of trustworthiness, but also to the quality, fitness and capacity of law bidder to satisfactorily perform the proposed work. 3-1.02 AWARD OF CONTRACT. The award of the contract, if it be awarded, will be made within forty-five (45} days after the opening of the proposals unless extension is approved by the lowest responsible bidder. 3-1.03 CON'.CRACT B~~ND6. 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 D21:51016.6 -6- JL:lh requirements specified in Section 3248 of the California Civil Code. Whenever any surety or sureties on any such bonds, or on any bonds required by law for the protection of the claims of laborers and material men, become insufficient, or the City has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that originally required, as is considered necessary, considering the extent of the work remaining to be done. Thereafter no payment shall be made upon such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished. 3-1.04 EXECUTION OF CONTRACT. The contract shall be signed by the successful bidder and returned, together with the contract bonds within ten (10) days, not including Sundays, after the bidder has received nc~~,-.ice 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 Ri~TURN OF BIDDER'S GUA~E~AN'TEES. 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 WORK, TIME OF COMPLETION AND LIQUIIaATED LIAMAGES 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 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. D21:51016.7 -7- JL:lh ' n for conformin to the requirements of above paragraph Full compensatio g considered as included in the prices paid for the various items of work shall be and no additional allowance will be made therefor. SECTION 5. GENERAL 5-1,01 STATE CO~~ITRACT ACT NOT APPLICABLE. Sections 1-1.40, "State Act " and 9-1.10, "Arbitration," of the. Standard Specifications are Contract , , eted. This contract is not governed by the provisions of the State Contract del e ado tion and use of the Standard Specifications in the performance of Act. Th p rk called for in this contract shall not be construed as an election by the the wo it to roceed under Section 20396 of the Public Contract Code,. In the event C Y p ~ rties the are not obligated to submit the that a dispute arises between the pa , Y , matter to arbitration in any form although they may do so upon written agreement). 5-1.02 ALTERATION IN QUANTITY OF WORR. Increases in work totaling han ten rcent ~10~) of the contract amount shall be processed as a change more t pe , order subject to approval by the City. 5-1.03 CONTROL OF WORK. Control of work shall conform to the rovisions in Section 5, "CONTROL OF WORK," of the Standard Specifications p and these special provisions. Section 5-1.02 "Plans and Working Drawings", of the Standard cif ications is amended by adding the following paragraph after the fourth Spe paragraph: Workin drawings or plans for any structure not included in the plans g furnished b the Engineer shall be approved by the Engineer before any Y work involving these plans shall be performed, unless approval is waived in writing by the Engineer. tion 5-1.07 "Lines and Grades" of the Standard Specifications Sec is amended b adding the following paragraph after the first paragraph: Y nsecutive ints shown on the same rate of slope must be Three co po used in canon, in order to detect any variation from a straight grade, and in case any such discrepancy exists, it must be reported to the En ineer. If such a discrepancy is not reported to the Engineer, the g Contractor shall be responsible for any error in the finished work. The second paragraph in Section 5-1,07, "Lines and Grades" of the Standard 5pecif ications is amended to read: When the Contractor requires such stakes or marks, he shall notify the En ineer of his requirements in writing a reasonable length of g time in advance of starting operations that require such stakes or marks. In no event, shall a notice of less than 24 hours be considered a reasonable length of time. Section 5-1.08, "Ins ction" of the Standard Specifications is amended ~ h. by adding the following paragraph after the first paragrap . Whenever the Contractor varies the period during which work is D21:51016.8 -8- JL:lh 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 PR~~VAILING WAGES. Pursuant to Chapter 1 of Part 7 of Division 2 of the Labor Code (commencing with Section 1720), Contractor agrees that in performing said work, by himself or through any subcontractor, eight hours' labor shall be a day's work and forty hours' labor shall be a week°s work, and that Contractor shall keep an accurate record showing the name and actual hours wopked for all workers employed in said work, and that said record shall be ke t o n at all reasonable hours for inspection pursuant to Section 1812 of the p ~ Labor Code. The Contractor and all Subcontractors shall pay not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime to all workers employed in the construction of this project. The revailing rate for each craft, classification or type of work is determined p by the Director of the California Department of Industrial Relations, and his schedule of prevailing rates is on file and available for inspection in the Public Works Department. The schedule is incorporated herein by this reference. The City shall have the right to inspect payroll records during normal working hours and shall have the right to question workers at any time concerning the wa es bein aid. Contractor shall not interfere in any way with the City's .g .g p right to lnvestlgate 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. TWEN'.I~-FIVE DOLI[~ARS ( $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, TI~~1TY-FIVE DOLIC,ARS ( $25) pursuant to Section 1813 of the Labor Code, per worker required to work more than eight (8) hours per day or more than forty (40) hours per week, except as provided in Section 1815 of the Labor Code. 5-1.05 PAYROLL RECORD6. The fourth paragraph in Section 7-1.OlA(3), "Pa roll Records," of the Standard Specifications is deleted and shall not apply Y to this contract. 5-1.06 LABOR NONDISCRIMINATION. Attention is directed to Section 7-1.OlA(4), "Labor Nondiscrimination," of the Standard Specifications and these special provisions. Attention is also directed to the requirements of the California Fair Employment and Housing Act (Government Code Sections 12900 through 12996), to the regulations promulgated by the Fair employment and Housing Commission to implement said Act, and to the nondiscrimination, affirmative action and equal employment opportunity requirements in the special provisions. 5-1.07 APPRENTICES. The Contractor's attention is directed to Article 7-l.OlA(5), "Apprentices," of the Standard Specifications. All Contractors and Subcontractors shall comply with-the provisions of Labor Code Sections, 1777.5, 1777.6, and 1777.7 relating to the employment of apprentices. If the Contractor does not have a union contract which provides for a rentices, the Contractor and all Subcontractors shall submit one of the pp following: D21:51016.9 -9- JL:lh 1, A copy of a "Request for an Application for a Certificate of Approval to Employ and Train Apprentices on Public Works." This request shall be submitted to the local Department of Industrial Relations, Division of Apprenticeship Standards on the Contractor's and each Subcontractor's letterhead or Form PW 1, enclosed with these specifications. 2. A copy of an approval to employ and train apprentices from the local Department of Industrial Relations, Division of Apprenticeship Standards. 3, Proof of a Collective Bargaining Agreement with the Joint Apprenticeship 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 ~Y-FINE THOUSAND DOL]GARS ($25,000) for excavation of any trench or trenches five feet or more in depth, the Contractor or his Subcontractor shall not begin any trench excavation unless a detailed plan, showing the design of shoring, bracing, sloping or other provisions to be made for worker protection during the excavation of the trench, has been submitted by the Contractor to the City Engineer and the detailed plans has been approved by the City Engineer. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a Registered Civil or Structural Engineer. Nothin in this section shall be deemed to allow the use of a shoring, g sloping, or protective system less effective than that required by the Construction Safety Orders of the Division of Industrial Safety. Nothing in this section shall be construed to impose tort liability on the awarding body or any of its employees. n The terms "Public Works" and "Awarding Body," as used in this section, shall have the saner meaning as in Labor Code Sections 1720 and 1722 respectively. 5-1.09 S(XJND CONTROL REQUIREMENTS. Sound control shall conform to the provisions in Section 7-1.OlI, "Sound Control Requirements," of the Standard Specifications and these special provisions. The noise level from the Contractor's operations, between the hours of 9:00 P.M. and 6:00 A.M., shall not exceed 86 dbA at a distance of 50 feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level. Said noise level requirement shall apply to all equipment on the job or D21:51016.10 -10- JL:lh related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. 5-1.10 PERMITS AND LICENSES. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work from any and all governmental organization which require such permits, licenses or fees. The Contractor shall procure a business license in the City of Bakersfield. 5-1.11 WORKING H0~1RS. Contractor shall limit his field working hours from 7:00 A.M. to 4:30 P.M. Any deviations must be requested and in writing and directed to the Construction Engineer at the Pre-Job Conference. written a royal from the Construction Engineer is required for work beyond these limits. pp An time work proceeds beyond the time limits or on holidays or weekends, the Y Contractor will be charged for all associated overtime charges and said charges may be withheld from contract retention. 5-1,12 ~ TO BE OBSERVED. The Contractor shall keep himself fully informed of all existing and future State and National laws and all municipal ordinances and regulations of the City of Bakersfield which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. 5-1.13 CONTRACTOR'S 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 a roved by the City Risk Manager and the Public Works Department, nor shall the Pp Contractor allow any Subcontractor to commence work on his subcontract until said certificates of insurance have been filed and approved by the City Risk Manager and the Public Works Department. Contractor shall be responsible for any deductibles under all required insurance policies. 5-1.13A HOLD H~ARMI~SS. The Contractor shall save, hold harmless and indemnify the City, its officers, agents, employees and volunteers from all claims, demands, damages, judgments, costs or expenses in law or equity that may at any time arise from or~related to any work performed by the Contractor, his agents, employees or subcontractors under the terms of this agreement and shall execute and return with the executed contract documents and bonds the."Hold Harmless Agreement," a copy of which is attached hereto. 5-1.13B INSURANCE. In addition to any other form of insurance or bond required under the terms of this agreement and specifications, the Contractor shall procure and maintain for the duration of this agreement the follo~aing types and limits of insurance: Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, D21:51016.11 -11- JL:lh property damage and personal injury, with limits of not less than one million ($1,000,000) per occurrence; and The automobile liability policies shall provide coverage for owned, non-owned and hired autos. General liabilit insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million ($1,000,000) per occurrence. The liability policies shall provide contractual liability coverage for the terms of this agreement. The. liability policies shall contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers; Workers' c nsation with statuto limits and e 1 er's liabilit insurance with limits of not less than one million ($1,000,000) per accident. The workers' compensation policy shall contain a waiver of subrogation endorsement in favor of the City, its mayor, council, officers, agents, .employees and volunteers. All policies required of the Contractor hereunder shall be primary insurance as respects the City, its mayor, council, officers, agents, e to ees and volunteers and any insurance or self-insurance maintained ~ Y by the City, its mayor, council, officers, agents, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. All policies shall contain the following endorsements: An endorsement providing the City with ten (10) days written notice of cancellation or material change in policy language or terms. If any part of the work under this agreement is sublet, similar insurance shall be provided by or on behalf of the subcontractors to cover their operations. The insurance required under this agreement shall be maintained until all work required to be performed under the terms of this agreement is satisfactorily completed as evidenced by formal acceptance by the City. All costs of insurance required under this agreement shall be included in the Contractor's bid, and no additional allowance will be made for additional costs which may be required by extension of the insurance policies. 5-1.14 CONTRACTOR'S AUTHORITY. 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. D21:51016.12 -12- JL:lh 5-1.15 DAMAGE BY STORM, FLOOD, TIDAL (EVE OR EARTHQUAKE. Section 7-1.165, "Dania e by Storm, Flood, Tidal Wave or Earthquake," of the Standard g Specifications is deleted and shall not apply to this contract. 5-1.16 Wt~RK IN CITY STREETS. All of the work shown on the plans and included in these specifications that is located in the public streets in the City of Bakersfield shall be done in accordance with City Ordinance regulating the use of public streets within the City, except as otherwise provided herein. The Contractor shall inform himself as to all regulations and requirements of the City Engineer and Superintendent of Streets of the City of Bakersfield and shall conduct his operations in compliance therewith. 5-1.17 RIGHT OF WAY. The right of way for the work to be constructed will be provided by the City. The Contractor shall make his own arrangements, and pay all expenses for additional area required by him outside of the limits of right of way unless otherwise provided in the special provisions. 5-1.18 SUSPENSION OF CONTRACT. If at any time in the opinion of the City Council, the Contractor has violated any terms of this contract, failed to supply an adequate working force, or material of proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing will be served upon him, and should he neglect or refuse to provide means for a satisfactory compliance with the contract, as directed by the Engineer, within the time specified in such notice, the City Council in any such case shall have the paver 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 re resentative; may employ other parties to carry the contract to completion, p employ the necessary workmen, substitute other machinery or materials, and purchase the materials contracted for, in such manner as the Engineer may deem proper; or the City Council may annul and cancel the contract and re-let the work or any part thereof . Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and his sureties, who will be liable therefor. In the event of such suspension, all money due the Contractor or retained under the terms of this contract shall be forfeited to the City; but such forefeiture will not release the contractor or his sureties from liability or failure to fulfill the contract. The Contractor and his sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operations of the contract and the completion of the work by the City as above provided, and the Contractor will be so credited with any surplus~remaining~after all just claims for such completion as determined by the Engineer have been paid. In the determination of the question whether there has been any such non-compliance with the contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the contract. 5-1.19 TIEMFORARY SUSPENSION OF WnRK. The Engineer shall have the authority to suspend the work wholly or in part, for such period as he may deem necessary, due to unsuitable weather, or to such other conditions as are 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 D21:51016.13 -13- JL:lh carry out orders given, or to perform any provisions of the work. The Contractor shall immediately obey such order of the Engineer and shall not resume the work until ordered in writing by the Engineer. 5-1.20 PAYMENTS. Attention is directed to Sections 9-1.06, "Partial Pa nts," and 9-1.07, "Payment After Acceptance," of the Standard Specifications and these special provisions. No partial payment will be made for any materials on hand which are furnished but not incorporated in the work. 5-1.21 FINAL PAYMENT. In addition to the conditions, provisions, and requirements of Article 9-1.07B, "Final Payment and Claims," of the Standard Specifications, the following shall apply: The City may withhold funds, or because of subsequently discovered facts, nullify the whole or any part of any certificate for payment, to such extent as may be necessary to protect the City from loss due to causes including but not limited to the following: a. Defective work not remedied; b. Claims filed or information reasonably indicating probable filing of claims; c. Failure of Contractor to make payment due for materials and/or labor; d. Information causing reasonable doubt that the contract can be completed for any unpaid balance; e. Damages to another Contractor; and f. Breach of any terms of this contract. When any and all such causes are removed, certificates shall be issued for amount withheld. The fifth paragraph in Section 9-1.07B, "Final Payment and Claims," of the. Standard Specifications is amended to read: The Director will make the final determination of any claims which remain in dispute after completion of claim review. Aboard or person designated by said Director will review such claims~.and make written recommendation thereon. The City Engineer shall, after the completion of the contract, make a final estimate of the amount of work done, thereunder, and the value of such work, and the Cit shall pay the entire sum so found to be due after deducting y therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the contract. All prior partial estimates and pay~ents 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 X30) days from the date the "NOTICE OF C~NiPLETION" is recorded at the County Recorder's Off ice and after execution and return by the Contractor of the attached GUARANTEE when .applicable. D21:51016.14 -14- JL:lh It is mutually agreed between the parties to the contract that no certificate given or payments made under the contract except the final certificate or final payment, shall be conclusive evidence of the performance of the contract, either wholly or in part, against any claim of the party of the first part, and no payment shall be construed to be an acceptance of any z: 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 INCIR~~ASED OR DECREASED QUANTITIES. The word "compensation" in the following paragraphs of the Standard Specifications is replaced with the words "unit price": Third paragraph of Section 18-1.05, "PAYMENT". Third paragraph of Section 24-1.08, "PAYMENT". Second paragraph of Section 36-1.07, "PAYMENT". Tenth paragraph of Section 39-8.02, "PAY~~IENT". 5-1.23 HAZARDOUS MATERIALS. The Contractor shall be held responsible for his workers and subcontractor's well-being and their education of handling hazardous materials when hazardous materials are encountered during this project. SECTION 6. CONTRC)L OF MATERIALS b-1.01 GENERAL. Control of materials shall conform to the provisions in Section 6, "Control of Materials," of the Standard Specifications and these special provisions. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before delivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the contractor or producer of all materials to be used in the work, for testing or examination as desired by the Engineer. z All tests of materials furnished by the contractor shall be made in accordance with co~nonly recognized standards of national organizations, and such special methods and tests as are prescribed in the specifications. 6-1.02 BORRIOW, DISPOSAL AND MATERIAL SITES. The operation of any borrow or disposal sites used by the Contractor to produce. or dispose of material for this project shall comply with the requirements in the Standard Specifications and these special provisions. All provisions for water pollution, and sound control. that apply within the limits of the contract shall apply to all borrow or disposal, sites utilized by the Contractor. Upon completion of the work, all such sites and haul roads shall be graded and treated so that, at the time of final inspection of the contract, D21:51016.15 -15- JL:lh they will drain, will blend with surrounding terrain, and will have a potential as a source of blowing dust or other pollution which is no greater than when in .their original condition. If the Contractor obtains necessary permits for borrow, disposal or material sites from the authority having jurisdiction or from the appropriate llution 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 Con~liance. SECTION 7. CONSTRUCTION DETAILS SECTION 7-1 GENERAL 7-1.01 ORDER OF WORK. Order of work shall conform to the provisions in Section 5-1.05, "Order of Work," of the Standard Specifications and these special provisions. 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 commencement of the traffic signal functional tests, all items of work related to the signal control shall be completed and all signs shall be in place. 7-1.02 OBSTR~JCTIONS. Attention is directed to Section 8-1.10, J "Utility and Non-Highway Facilities," of the Standard Specifications, the plans, and the special provisions. The Contractor will be required to work around public utility facilities and other improvements that are to remain in place within the construction area or that are to be relocated and relocation operations have not been completed. In accordance with the provisions of Article 7-1.11, "Preservation of Property," and 7-1.12, "Responsibility for Damage," of the Standard Specifications, the Contractor will be liable to owners of such facilities and improvements for any damage or interference with service resulting from conducting his operations. The exact location of underground facilities and improvements within the construction area shall be ascertained by the Contractor before using equipment that may damage such facilities or interfere with the services. Other forces may be engaged in moving or removing utility facilities or other improvements or D21:51016.16 -16- ,JL:lh 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 rovide for handlin of said water and any expense involved shall be considered p ~ ~ g rk and no additional as included 1n the prices paid for the various Items of wo allowance will be made therefor. Except in the case of extra work, full compensation for conforming to the requirements of this article shall be considered as included in the prices paid for the various items of work and no additional compensation will be made therefor. 7-1.03 MAINTAINING TRAFFIC. The Contractor shall furnish, install and maintain signs, lights, flags and other warning and safety devices when performing work which interferes with or endangers the safe movement of traffic on any street or highway. Signs, lights, flags and other warning and safety devices and their use shall conform to the requirements set forth in the current "Manual of Traffic Controls - Warning Signs, Lights, and Devices for Use in Performance of Work Upon Highways," published by the State of California, Departn~nt 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 im~rtediately 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-4:00 PM), Monday through Friday. There construction operations are actively ~.n progress, a minimum of one traffic lane, not less than twelve feet in width, shall be open for use by public traffic. Where construction operations are not actively in progress, not less than two such lanes shall be open for use by public traffic. Public traffic may be permitted to use the shoulders and, if D21:51016.17 -17- JL:lh 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 acco~mnodation of public traffic thereon during paving operations. In order to expedite the passage of public traffic through or around the work and where ordered by the Engineer, the Contractor shall, at his own expense, furnish, install and maintain construction area signs, lights, flares, temporary railing Type K}, barricades, and other facilities for the sole convenience and direction of public traffic. Also, where directed by the Engineer, the Contractor shall furnish competent flagmen whose sole duties shall consist of directing the movement of public traffic through or around the work. When deemed necessary by the City, the signs "Road Construction Ahead," No. C-18, and "End Construction," No. C-13, shall be furnished, installed ,and maintained by the Contractor at locations as directed by the Engineer at least 48 hours in advance of any construction. 7-1.04 EXISTING HIG~~Y FACILITIES. The work performed in connection with various existing facilities shall conform to the provisions in Section 15, "Existing Highway Facilities," of the Standard Specifications and these special provisions. Existing City highway signs and street markers shall remain the property of the City. Such signs and street markers shall be relocated and maintained during construction so as to convey the same intent that existed prior to construction. Existing City highway signs and street markers shall be placed in their permanent position by the Contractor's forces prior to completion of construction. Signs removed from the project area shall be delivered to the City Corporation Yard at 4101 Truxtun Avenue. PAY~!~ENT. Full compensation for conforming to the requirements of the two preceeding paragraphs shall be considered as included in the prices paid for the various items of work and no additional allowance will be made therefor. 7-1.05 SAWCt]T ASPHALT CONCRI~'E PAVEMENT. Where new asphalt concrete is to conform to existing asphalt concrete, the existing asphalt concrete shall be saw cut to a neat line. The depth of cut shall be sufficient so that damage to adjacent asphalt concrete, which is to remain in place, will not occur during excavation operations. The Contractor shall conduct his operations so as not to damage the integrity of the edge of the saw cut pavement. Any damage to the saw cut edge will be corrected by the Contractor by additional cutting prior to the start of paving operations. Full compensation for conforming to the requirements of this article shall be considered as included in various items of work and no additional allowance will be made therefore. 7-1.06 REMc~►VE CONCIRETE. Removing concrete shall conform to the provisions in Sections 15, nExisting Highway Facilities," 16, "Clearing and Grubbing," and 19-1.04,."Removal and Disposal of Buried Man-Made Objects," of. D21:51016.18 -18- JL:lh the Standard Specifications and these special provisions. Concrete removed shall be disposed of in accordance with the provisions in Section 7-1.13, "Disposal of Material Outside the Highway Right of Way," of the .Standard Specifications. MEASUR~~MENT AND PAYMENT. Removing concrete and asphalt concrete within median will be measured and paid for as roadway excavation. 7-1.07 CLIr~ARING AND GRUBBING. Clearing and grubbing shall conform to the provisions in Section 16, "Clearing and Grubbing," of the Standard Specifications and these special provisions. Clearing and grubbing shall be limited to those areas actually affected by the planned construction as directed by the Engineer. 7-1.08 DUST COIVT~L. It shall be the Contractor's responsibility to prevent a dust nuisance from originating from the site of the wor as a result of his operations, or the traveling public, during the effective period of this contract. Preventative measures to be taken by the Contractor shall include but shall not be limited to the following: 1. Water shall be applied to all unpaved areas as required to prevent the surface from becoming dry enough to permit dust formation. 2. Paved surfaces over which vehicular traffic is permitted to travel shall be kept free of dirt. Temporary suspension of the work, either as a result of order by the Engineer, or as a result of conditions beyond the control of the Contractor shall not relieve the Contractor from his responsibility for dust control as set forth herein. PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allo~ved therefor. 7-1.09 EA~T'HWnRK. Earthwork shall conform to the provisions in Section 19, "Earthwork," of the Standard Specifications and these special provisions. Section 4-1.05. "Use of Materials Found on the Work," of the Standard Specifications shall be amended to read as follows: Unless designated as selected material as provided in Section 19-2.07, "Selected Material," the Contractor, with the approval of the Engineer, may use in the proposed construction such stone, gravel, sand or other material suitable in the opinion of the Engineer as may be found in excavation. The Contractor will be paid for the excava- tion of such materials at the contract price for such excavation, but he shall replace at his expense with other suitable material all of that portion of the material so removed .and used which was contem- plated for use in the work. The Contractor shall not excavate or remove any material from within the highway location that )s not within the excavation, as indicated by the slope and grade lines, D21:51016.19 -19- JL:lh without written authorization from the Engineer. It is anticipated that there will be cubic yards of surplus material which shall become the property of the Contractor and shall be disposed of outside of the highway right of way in accordance with the provisions of Section 7-1.13, "Disposal of Material Outside the Highway Right of Way," of the Standard Specifications. then asphalt concrete is to be placed on the grading plane, the grad- - in plane at any point shall not vary by more than 0.05-foot above or below the g , grade established by the Engineer. Section 19-3.062, "Slurry Cement Backfill," of the Standard Specifications is deleted and shall not apply to this contract. The relative compaction limits specified in the second paragraph of Section 19-5.03 "Relative Compaction (95 Percent)," of the Standard S cifications are amended to the limits shown on the plans and typical cross- ` D1557-70 Method "C" Standard Test sections and shall be determined by. ASTM ~ Method for Moisture-Density Relations of Soils using 10 lb. (4.5 Kg) rammer and 18" (457mm) drop, Calif. Test Methods 216 or 231. The subgrade must be smooth, uniform and true to the required grade. The estimated quantity of roadway excavation * (and imported borrow) shall be a final pay quantity in conformance with Section 9-1.015 "FINAL PAY QUANTITIES" of the standard specifications. 7-1.10 FINISHING ROADWAY. Finishing roadway shall conform to the rovisions in Section 22, "Finishing Roadway," of the Standard Specifications p and these special provisions. In addition to the conditions, provisions and requirements of Section 22-1.01 "Descri tion," of the Standard Specifications, the following shall p applys The Contractor shall remove, from all affected areas, whether inside or outside the roject limits, all excess and/or objectionable material p on inating within the project limits and transported by public traffic g , or by the Contractor's operations. The Contractor ma use an method, approved by the Engineer, that does y Y not create a dust problem to remove the excess and/or objectionable material from the affected areas. Hawever, in residential areas, when a broom is used, a self-contained ick-u t ,power broom with water distribution system shall p p Yip be used. PAYMENT. The first paragraph in Section 22-1.03, "Payment," of the Standard Specifications, is amended to read: Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in finishing the entire project, including all ramps, connecting roads and streets, frontage roads, road approaches, and channelized intersections, whether inside or outside the highway right of way, and all other areas, whether inside or outside the project limits, affected by public traffic or by the Contractor's operations, all as shown on D21:51016.20 -20- JL:lh the plans, and as specified in the Standard Specifications and these special provisions, and as directed by the Engineer, shall be considered as included in various items of work and no additional compensation will be made therefor. 7-l.ll AGGREGATE BASE. Aggregate base shall be Class 2 and shall w conform to the provisions in Section 26, "Aggregate Bases," of the Stan ar Specifications and these special provisions. Aggregate base shall be compacted to 95~ relative compaction. C action will be determined by the following test methods: California No. 216, California No. 231, or ASTM D1557-70, Method C. For verification urposes, the tonnage of compacted aggregate base will p be calculated from the dimensions shown on the plans, adjusted by the amount of any change ordered by the Engineer. 7-1.12 ASPHALT CONCRETE. Asphalt concrete shall be Type B and shall conform to the provisions in Section 39, "Asphalt Concrete," of the Standard Specifications and these special provisions. Aggregate for the top layer of T~~pe B asphalt concrete shall conform to the requirements for 1/2 inch maximum, medium grading and aggregate, for any lower layers of Type B asphalt concrete shall conform to the requirements for 3/4 inch maximum, medium grading, both as specified in Section 39-2.02, "Aggregate", of the Standard Specifications. when directed by the Engineer, aggregate conforming to any of the grading requirements in Section 39-2.02, "Aggregate," of the Standard Specifications shall be used to surface intersections, tapers, and other areas where thin layers of asphalt concrete are being constructed. Paving joints shall match stripe locations. where new asphalt concrete pavement is to conform to existing paved surfaces, the existing pavement shall be saw cut. The miscellaneous areas to be paid for at the contract price per square yard for place asphalt concrete miscellaneous area) in addition to the prices paid for the materials involved shall be limited to median islands and driveways. v The subgrade beneath surfacing for median islands .shall be chemically treated for weed control. The chemical applied shall be 2, 6-dichlorobenzonitrile and shall be applied in accordance with the manufac- turer's recon~nendations and these special provisions. The rate of application shall be 4 ounces of active chemical per 100 square yards. Asphalt concrete shall be placed over the treated subgrade within 2 hours of chemical application when air temperature is higher than 50° F. At air temperatures lower than 50° F., asphalt concrete shall be placed on treated subgrade within 10 hours of che- mical application. Should "wettable powder" type chemical be used, a suitable fugitive dye shall be incorporated in the mixture so that coverage and spread rate may be verified. Full compensation for chemically treating soil as specified in this section will be considered as included in the contract price paid per square D21:51016.21 -21- JL:lh yard for place asphalt concrete (miscellaneous area). 7-1.13 RI~ADSIDE SIC~1S. Roadside signs shall conform to the provisions in Section 56-2, "Roadside Signs," of the Standard Specifications and these special provisions. Miscellaneous roadside si s shall conform to City Standard TS-4. where sign posts are placed within concrete sidewalk the sidewalk shall be core drilled. Roto hammering or other similar methods will be permitted provided that the perimeter of the damaged area is sawcut to the limits required to forma neat finish as directed by the Engineer. MEASU]_~ENIENT AND PAYMENT. Miscellaneous roadside signs shall be paid for at the contract per unit for install roadside signs (GSP Post). Installation of one or more sign panels mounted on a single post shall be counted as one roadside sign (GSP Post). 7-1.14 OVERHEAD SIGNS. Overhead signs shall conform to the applicable provisions in Section 56, "Signs," of the Standard Specifications and these special provisions. Mast-arm han ers for street name signs will be furnished and installed by the City. Street name si swill 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-arm 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 rice or prices for signal, flashing beacon, or combination P thereof . 7-1.15 MISCELLANE~JS CONCRETE CONSTRUCTION. Portland cement concrete curbs, sidewalks, wheelchair ramps, cross drains, drive approaches, driveways and miscellaneous construction shall conform to the provisions in Section 73, "Concrete Curbs and Sidewalk," of the Standard Specifications and these special provisions. M1ASUR~~MENT AND PAYI!~ENT. Quantities of minor concrete {sidewalk) shall be paid for at the contract price per square foot of sidewalk. Quantities of minor concrete.{wheelchair ramp) shall be paid for at the contract price per square foot of wheelchair ramp: Quantities of minor concrete {median curb), Type M shall be paid for at the contract price per linear foot. Construction of concrete nose at end of median island shall be considered as included in the price paid per linear foot of minor concrete (median curb) and no additional compensation will be allowed therefor. D21:51016.22 -22- JL:lh SECTION 7 CONSTRUCTION DETAILS SECTI~1 7-2 TRAFFIC SIQVALS AND LIC~ITING 7-2.01 F(~1NLIATIONS. Foundations shall conform to the provisions in Section 86-2.03, "Foundations," of the Standard Specifications and these special provisions. The Contractor shall furnish the anchor bolts, nuts and washers to be used for new foundations and shall furnish the appropriate nuts and washers 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 unds of cement r cubic ard, except for pile foundations shall contain not po pe Y less than 564 pounds of cement per cubic yard. 7-2.02 CONDUIT. Conduit shall conform to the provisions in Section 86-2.05, "Conduit," of the Standard Specifications and these special provisions. Insulated bonding bushings will be required on metal conduit. Conduit shall be bored under existing street pavement unless open trenching is allowed by the Engineer due to poor soil conditions or other circ~~mstances. 7-2.0.3 PULL BOXES. Pull boxes shall conform to the provisions in Section 86-2.06, "Pull Boxes," of the Standard Specifications and these special provisions. Recesses for suspension of ballasts will not be required. 7-2.04 CONDUCTORS AND WIRING. Conductors and wiring shall conform to the rovisions in Section 86-2.08, "Conductors," and Section 86-2.09, '°Wiring," p of the Standard Specifications and these special provisions. CONDUCTORS - The Contractor shall use multi-conductor electrical cables for all circuits except between the service switch and controller cabinet. Onl mul~:i-conductor cable conforming to the following shall be used: Y 5 Conductor cable consisting of 5 No. 14 conductors colored 1 each red, yellow, brown, white and black. 9 Conductor cable consisting of 1 No. 12 conductor colored white and 8 No. 14 conductors colored 1 each red, yellow, brown, black, red black stripe yellow black stripe, brown black stripe and white/black stripe. 28 Conductor cable consisting of 1 No. 10 conductor. colored white and 27 No. 14 conductors colored as indicated in the following conductor table for a single ring operation. D21:51016.23 -23- JL:lh 7-2.05 TESTING. Testing shall conform t~ the provisions in Section 86-2.14, "Testing," of the Standard Specifications and these special provisions. The signal shall not be placed in flashing mode, with signal faces uncovered, prior to Functional Testing. FUNCTIONAL TESTING. All functional testing shall conform to the a provisions is Section 86-2.14C "Functional Testing," of the Standard Specifications and the following paragraph: Functional test period is included in the number of working days to complete the project" as described in SECTION 4, "BEGINNING OF Ti►pRK, TIME OF COMPLETION AND LIQUIDATED DAMAGES" of these special provisions. 7-2.06 SIGNAL FACES AND SIC~IAL HIEADS. Signal faces, signal heads and auxilia e i nt, as shown on the plans, and the installation thereof, shall rY ~ ~ 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 1 s 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 Mountin Assemblies," of the Standard Specifications, shall be amended to read as g follows: Slip-fitters and terminal compartments shall be cast bronze or hot-dip galvanized ductile iron. 7-2.07 PEDESTJ~ICAN SIC~vAIS. Pedestrian signals shall conform to the provisions in Section 86-4.05, "Pedestrian Signal Faces," of the Standard Specifications and these special provisions. strian si als shall be C, and shall have energy efficient heads Pede gn 'rYi~ equivalent to Indicator Controls Corporation Model 4094B. 7-2.08 LUMINAIRES. Luminaires shall conform to the provisions in Section 86-6.01, "Hi h Intensity-Discharge Luminaires," of the Standard g 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. 7-2.9 PHC~I~OELECTRIC COILS. Photoelectric controls shall conform to the rovisions in Section 86-6.07, "Photoelectric Controls", of the Standard p Specifications and these special provisions. D21:51016.24 -24- JL:lh - Each luminaire shall be provided with a Type IV photoelectrical control. 7-2.10 CONTROLLERS, CABINI~'S AND AUXILIARY' EQUIPMENT. The City will furnish the controller and cabinet assembly for each location. _ 7-1.11 DETECTORS, Detectors shall conform to the provisions in Section 86-5, 'Detectors," of the Standard 5 cifications and th ' pe ese special provisions. Location and layout of detector loops shall be as directed by the Engineer. _ INSTALLATION DETAILS: Installation and tests shall conform to the details and notes shown on the plans. Slots cut in the pavement shall be blown out and dried before installing inductive loop detectors. 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 se!lant 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 elasto~neric sealant conforming to the following: The sealant shall be a polyurethane material of a composition that will, within its stated shelf life, cure only in the presence of moisture. Sealant shall be suitable for use in both asphalt concrete and Portland cement concrete. The cured sealant shall have the following performance characteristics: Measuring Standard Property 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, minimum ASTM D 412 Die C, pulled at 20 IPM. Flex at - 40° F. - no cracks 25 mil Free Film Bend (180°) over 1/2'° Mandrel. Weathering Resistance - Slight ASTM D $22 Weathero~mmeter 350 Hrs. Chalking Cured 7 days at 77° F. (25° C.} 50~ relative humidity. Salt Spray Resistance - 500 psi, ASTM B 117 28 days at 100° F. (38° C.) minimum Tensile; 400, minimum 5~ NaCl, Die C, pulled at 20 IPM. elongation D21:51016.25 -25- JL:lh .Dielectric Constant - Less than ASTM D 150. 25~ change over a temperature range of -30° C. to 50° C. . 2. Asphaltic Emulsion Inductive Loop Sealant shall conform to State of California Specification 8040-41A-15. Loo conductors shall be installed without splices and shall terminate in p the nearest pull box. The loops shall be joined In the pull box in combination of series and parallel so that optimum sensitivity is obtained at the sensor unit. _ Final splices between loops and lead-in cable shall not be made until the operation of the loos under actual traffic conditions is approved by the Engineer. p 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 tun from the ull box adjacent to the loop detector to a sensor unit mounted in p, 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 dor 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 86-2.09, "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 suitably 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 in~nediately below the uppermost layer. Installation details shall be as shown on the plans, except the epoxy sealant shall fill the slot flush to the surface. Detector loops in concrete pads shall be sealed with epoxy sealant. Loop detector lead-in cables shall conform to the provisions in Section 86-5.01~~ (4), "Construction Materials," of the Standard Specifications and these special provisions. Loo detector lead-in cables shall be Type B, and shall conform to p the following: 1, All spade connectors used to attach to terminals inside the controller cabinet shall be crimped and soldered to the conductor. 2. Loop wires in the pull box shall be twisted at a minimum rate of 5 turns per foot, and the splice must be soldered and completely waterproof. Connect one end of the shield to earth ground (at cabinet) and insulate the other end with no possible path to earth ground. D21:51016.26 -26- JL:lh 7-2.12 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 City before notice of completion and final acceptance is made by the City of the work described on the plans and these special provisions. 7-2,13 PAY1!~ENT. Payment for signals and lighting shall conform to the provisions in Section 86-8, "Payment", of the Standard Specifications and these special provisions. Full compensation for cast-in-drilled hole concrete pile foundations shall be considered as included in the contract lump sum price paid for the item requiring foundations and no separate payment will be made therefor. D21:51016.26A -26A- JL:lh 8040-41A-15 STATE OF CALIFORNIA Specification Asphaltic Emulsion Inductive Loop Sealant m 1.0 SCOPE This specification covers a one component, pourable sand filled, asphaltic emulsion for use in sealing inductive wire loops and leads imbedded in asphalt and portland cement concrete. This sealant is suitable for use in freeze-thaw environments. 2.0 APPLICABLE SPECIFICATIONS The following specifications, test methods and standards in effect on the opening date of the Invitation to Bid form a part of this specification where referenced: American Society for Testing and Materials D2939, D2523 California Test Method No. 434 California Department of Transportation Standard Specifications 1981 State of California S cif ication 8010-X~~X-99 Inspection, Testing and Other. Requirements for Protective Coatings Code of Federal Regulations, Hazardous Materials and Regulations. Board, Ref. 49CFR. 3.0 REQUIRI~MENTS 3.1 Composition The c sition of the loop sealant shall be a sand filled, pourable, water emulsified bitumen. It will be the manufacturers responsibility to produce a one-component product to meet the properties specified herein. 3.2 Characteristics of the Sealant 3.2.1 Residue by evaporation, weight percent 70 Minimum Use ASTM D2939 3.2.2 Ash content, weight percent 50 to 65 Use ASTM D2939 D21:51016.27 -1- JL:lh As haltic Emarlsion Inductive Loop Sealant ~ 8040-41A-15 p 3.2.3 Firm set time, hours, 4 maximum test at one hour intervals, use ASTM D2939 3.2.4 Brookfield viscosity, Poise 50 to 125 RVT Spindle #3, 10 RPM at 75 + 2°F. 3.3 Properties of the Dried Film 3.3.1 Flexibility, No full depth Use ASTM D2939, except air dry specimens to cracks constant weight at 75 + 5°F. and 50 + 10~ relative humidit . Condition mandrel and specimens 2 hours at °y inches 75 + 2 F before test. Use aluminum panels, 0.03 thick (Q panel or equal). 3.3.2 Tensile Strength, psi, 20 rninimtun cast sheets 0.25 inches thick and air dry at ?5 + 5°F, 50 + 10~ relative humidity for minimum of 16 hours, Load rate 0.05 inches/minute, use ASTM D2523. Elon ation ~ 2.0 minimum 3.3.3 g Same conditions as 3.3.2 use ASTM D2523 3.3.4 Slant-shear strength to concrete, psi, 150 minimum, Use. California Test Method No. 434, Part vIII. Space with no loss d blocks with 0.25 inches between slant faces, seal of adhesion to sides and bottom with tape and fill with the well stirred concrete sample, strike off the excess. Dry in 140°F oven to constant weight and condition 1 day at 75 + 2°F before testing. Load rate to be 5000 lbs/minute. 3.3..5 Resistance to water No blistering, Use ASTM D2939, Alternative B re-emulsification or loss of adhesion 3.4 Workmanship 3.4.1 The sealant shall be properly dispersed and any settling shall be Basil redispersed with minimum resistance to the sideways. manual Y motion of a paddle across the bottom of the container. It shall form a smooth uniform product of the proper consistency. If the material Basil redis rsed due to excessive settlement as described cannot be y pe above or due to any other cause, the sealant shall be considered unfit for use. D21:51016.28 -28- JL:lh Asphaltic Emulsion Inductive Loop Sealant 8040-41A-15 3.4.2 The sealant shall retain all specified properties under normal storage conditions for 12 months after acceptance and delivery. The vendor shall be responsible for all costs and transportation charges incurred in replacing material that is unfit for use, The properties of any replacement material, as specified in Paragraph 3.0, shall remain satisfactory for 12 months f ram date of acceptance and delivery. 3.4.3 The sealant shall comply with all air pollution control rules and regulations within the State of California in effect at the time the sealant is manufactured. 4.0 QUALITY ASSURANCE PROVISIONS 4.1 Inspection This material shall be inspected and tested in accordance with State of California Specification 8010-XXX-99, or as otherwise deemed necessary. 4.2 Sampling and Testing Unless otherwise permitted by the Engineer, the material shall be sampled at the place of manufacture and application will not be permitted until the material has been .approved by the Engineer. 5.0 PREPARATION FOR DELIVER 5.1 Packaging The sealant shall be prepared in a one package system ready for application. The material shall be furnished in container size as specified in the purchase order or contract. If ordered in 5 gallon size the containers shall be new, round standard full open head with bails, shall be nonreactive with the contents, and shall have c atible askets. The containers shall comply with the U.S. ~ g Department of Transportation or the Interstate Commerce Cc~nission regulations, as applicable. G 5.2 Marking All containers of material shall be labeled showing State specification number manufacturers name, date of manufacture and manufacturers batch number. The manufacturer shall be responsible for proper shipping labels as outlined in Code of Federal Regulations, Hazardous Materials and Regulations Board, Reference 49 CFR. D21:51016.29 -29- JL:lh is Emulsion Inductive Loo Sealant ~ 8040-41A-15 Asphalt. p 6.0 NOTES 6.1 Directions for Use Saw cuts shall be blown clean with compressed air to remove excess water and debris. The sealant must be thoroughly stirred before use and r hand ured into the slots. Due to the sand content of this material, ~ ~ f road surf ace or tools can pumping is not recomimended. Any clean up o 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 dul authorized representatives, from all suits at Y law or action of every nature for, or on account of, the use of any patented materials, equipment, devices or processes. 6, 3 Certificate of Compliance The manufacturer shall furnish a Certificate of Compliance. with. each batch of sealant, in accordance with the provision of Section 6-1.07 of California Department of Transportation Standard Specifications, January 1981. 6 D21:51016.30 -30- JL:lh ITEM ESTIMATED UNIT OF ITEM UNIT PRICE ExTENSION N0. QUANTITY MEASURE (in figures) PRICE (in fi res) _ 2 65 TONS .Aggregate Base Class II 3 36 TONS Asphalt Concrete Type "B.. 4 241 LF Minor Concrete Type "M" Median Curb 5 6 CY Minor Concrete (Sidewalk) 6 ' 28 SQYD Place Asphalt Con- . Crete (Misc. areas ~ 1 EA Install Sign 8 1,5 CY Minor Concrete (V~heelchair Ramp ) 9 LS L5 Install Traffic Signal and Lighting S stem TOTAL SIGNED - Bidder Company Address City State Zip Code ( ) Area Code Telephone Number License No. and Expiration Date THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PENALTY OF PERJURY. D21:51016.32 Page 2 of 2 JL: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 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 ension Price column for the item shall be used to determine the correct Unit Ext Price in accordance with the following: (1) As to lump sum items, the amount set forth in the Extension Price column shall be the Unit Price. (2) As to unit basis items, the amount set forth in the Extension Price column shall be divided by the estimated quantity for the item and the price thus obtained shall be the Unit Price. LIST OF SUBCONTRACTORS All persons or parties submitting a bid proposal on the project shall complete the following form, setting forth the name and the location of the mill, shop or office of each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work or improvement in excess of one-half of one { 1$) percent of prime Contractor' s total bid, or TEN THOUSAND DOLILARS {$10,000), whichever is greater, and the rtion of the work which will be done by each subcontractor. This list is to be completed and submitted with said bid proposal. ' Subcontractor's Nape Description of portion and Street Address {Cit , State, Zi ) of work subcontracted {attach additional sheets if needed) If this proposal is accepted and the undersigned fails to execute the aforesaid contract and to provide surety bonds and evidence of insurance acce table to the City as is required within eight {8) days, not including p 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 securit shall be forfeited and shall become the property of the City. City Y , shall then be free to accept the bid of another bidder. D21:5101b.33 -33- JL:lh [This form shall be cv~mpleted by all Bidders and submitted w~th the Bid]. TRAFFIC SIGNAL MODIFICATION ON ST~~CKIaALE HIC~IWAY AT RIO BRAVO DRIVE NONCOLLtJSION AFFIIaAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss: County of ) being first duly sworn, deposes and Name says that he or she is of Title ~~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 an manner, directly or indirectly, sought by agreement, communication, or Y 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 an other bidder, or to secure any advantage against the public body awarding Y the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; arid, 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 me this day of , 19 . D21:51016.34 -34- JL:lh Accompanying this proposal is (NOTICE: Insert the words "cash "cashier's check," "certified check," or "bidder's bond," as the case may be), in amount equal to at least ten percent of the total of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE If ,bidder or their interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full. Licensed in accordance with an act providing for the registration of Contractor's License No. SIC~1 HERE Signature of Bidder NOTE--If bidder is a corporation, the legal name of the corporation shall be set forth above tcx~ether 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 dust 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 Dated 19..... D21:51016.35 -35- JL:lh BIDDER'S BOND TO ACCAMPANY PRQPOSAL (Not necessary if cash or certified check is with bid) KN~1 ALL MEN BY THESE PRESENTS: That we as principal, and as surety, are held and firmly bound unto the City of Bakersfield, a body politic and corporate of the State of .California, in the sum of dollars to be paid to said City, for which payments, well and truly to be made; we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally by these presents. _ THE CONDITION OF THIS OBLIGATION IS SUC~I: That if the certain proposal, hereunto annexed, to construct in the City of Bakersfield as referred to in the NOTICE TO (~NTRACTORS 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 i~iEREOF, we have hereunto set our hands and seals this day of , 19 . (Seal) (Seal ) (Seal) D21:51016.36 Page 1 of 2 JL:lh STATE OF CALIFORNIA ) ss. COUNTY OF On this day of 19....,., before me, i .•••••.•••••••..••.••a.•••.•.•.•••.•.•.•••••s•.•••.•••••....••••••••..••, 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 Facto and acknowledged to me that he subscribed the name of ,,,,,,,,,,,,,,,,;...........,.............thereto as surety, and his awn name as Attorney in Fact. IN WITNESS ~ERF~F 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 D21:51016.37 Page 2 of 2 JL: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 SIGNAL MODIFICATION ON STOCKI~LE HIGHWAY AT RIO BRAVO DRIVE , 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 signal system , and under which contract the undersigned has furnished and installed such system, the following guarantee of the said system is hereby made. Should any of the equi~mment 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 lanned, due to any of the above causes, all within (1) year after date on which p a rees to reimburse the said contract is accepted by the City, the undersigned g City, upon demand, for its expenses incurred in restoring said systems to the condition contemplated in said contract, including the cost of any equipment or materials replaced, or, upon demand by the City, to replace any such equi~ent 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 commence 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 s stem will be deemed defective within the meaning of this guar- y • antee in the event that they fail to operate as originally intended by the manu- facturers thereof and in accordance with the plans and specifications included in said contract. Date Contractor's Signature Firm Address D21:51016.38 -38- JL:lh GUARANTEE MATERIAL AND WORKMANSHIP CITY OF BAKERSFIELD Department of Public Works 1501 Truxtun Avenue, Annex Building Bakersfield, CA 93301 In accordance with the terms of the Contract for: TRAFFIC SIGNAL MODIFICATION ON STOCKDALE HIGHWAY AT RIO BRAVO DRIVE , awarded on , between the City of Bakersfield (hereinafter referred to as "City"), and the undersigned, which contract provides for the modifying of an existing, traffic signal. and modifications to an existing median, island and other facilities and under which contract the undersigned has installed su acilities, 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 cons4ruction project, ordinary wear and tear or neglect excepted. We also agree to repair and/or replace, at our own cost and expense, any work and/or materials that we may 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 D21;51016.39 -39- JL:lh HOLD H~~RMLESS AGREEMENT CITY OF BAKERSFIELD 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 any time resulting therefrom, sustained by any person or persons, or on account of damage to property arising out of or in consequence of _ (agreement name} IT IS FiJRTHER 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 i/b.i. 0 JZV i.V • sV CONTRACT N0. TRAFFIC SIGNAL MODIFICATION ON STOCKDALE HIGHWAY AT RIO BRAVO DRIVE THIS AGREEMENT, made and entered into on ► by and between the CITY OF B~~KERSFIELD, a municipal corporation, herinafter called "City," and , hereinafter called "Contractor"; WITNESSETH: WHEREAS, City has duly advertised for sealed proposa~s for within the City of Bakersfield. On , the contract was awarded to Contractor upon his properly executed bid; and WHEREAS, one of the conditions of said award required a formal contract to be executed by and between City and Contractor. NaW, THEREFORE, it is mutually agreed by and between the parties hereto as follows ARTICLE I Contractor agrees to furnish supplies, equipment, labor and materials for ~ within the City of Bakersfield. ARTICLE II The follawin shall be deemed to be part of this contract as if fully g set forth herein: 1. Notice to Contractors 2. Special Provisions 3. Bid Proposal 4. Bidder's Bond 5. Performance Bond 6. Material and Labor Bond 7. Letters of transmittal, if any 8. All provisions required by law to be inserted in this contract whether actually inserted or not. 9. Hold Harmless Agreement 10 Current PW1 cif required by Specifications) n~~.~in~ti_a~ -1- JL:lh Lb i. 0 d L V .L V V -i 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 TO FORM: By_ City Attorney C01J~1TERSIGNED: BY Finance Director D21:51016.42 -2- JL:lh ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION THIS ESCROW AGREF~!~fi1T is made and entered into by and between CITY OF ~~KERSFIELD, a municipal corporation, hereinafter called "Owner," .whose address is ~ and hereinafter called "Contractor", whose address is ~ and hereinafter called "Escrow Agent , whose address is For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: 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 re fired 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 earnin s, the Escrow Agent shall notify the Owner within ten (10) days g 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 rogress payments to the Contractor for such p 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. n?1:51016.43 -1- JL:lh 4. Contractor shall be responsible for paying all fees for the ex uses incurred b Escrow Agent in administering the escrow account. These pe y expenses and payment terms shall be determined by the Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7, The Owner shall have a eight to draw upon the securities in the event of default b the Contractor. Upon seven (7) days' written notice to the Y Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. 8. Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges, 9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (4) to (6), inclusive, of this a reement and the Owner and Contractor shall hold Escrow Agent harmless from 9 Escrow Agent's release and disbursement of the, securities and interest as set forth above. 10. The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures, are as follows On behalf of Owner: On behalf of Contractor: Title Title Name Name Si nature Signature g Address Address D21:51016.44 -2- JL:lh On behalf of Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement, IN WITNESS G~IEREOF, the parties have executed this Agreement by their proper officers on .the date first set forth above. Owner Contractor Title Title Name Name Signature Signature D21:51016.45 -3- JL:lh And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time,.. alteration, or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, 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 nave 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 DY' Seal} Signature for Principal Title Surety Bv• ~Seal~ Signature for Surety Title (Attach notarization form for each required signature.) t Page 2 of 2 " D21:51016.47 -47- ~L:lh I i i I I i I I i i I i i I i i i i I i i i I i i i i I  i