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HomeMy WebLinkAbout1990 Special Provisions Project 51016DOPY NQ. CITY OF B~KERSFIELD CALI FO~1 IA NOTICE TO C~TRACTORS SPECIAL PROVISIS BID PROPOSAL AND CONTRACT FOR § § BFI C SI COAL MODIFICATION ON STOCIKUALE HI C~i~IAY § § AT RIO BRAVO DRIVE _ BID OP~JING: IaATE Sul 5, 1990 - ~ TIME 2:00 P.M. PROJECT NO. 51016 P~~~SSl~ ~ ti , ~ Q~ ~ ~ ~ ~ DEP T OF PUBLIC RAGS ~ CITY OF AFIELD .323~D ~ 1501 TR~J~rUN VENUE EXP. Br~~~RSF'IELD, CA 9330: Telephone: (305) 326-372 ~ ~ c~v ~ ~ d~ CI~~-~~ . D21:51016 JL:lh CITY OF ~AKERSFIELD DEPARTMENT OF PUBLIC WORKS NOTICE TO CONTRACTORS SEALED PRQP'OSALS will be received by the Cit of Bakersf iel the Purchasin Officer Cit y d at the Office of 9 ► y Hall, 1501 Truxtun Avenue, Bakersfield, California, until 2:00 o'clock P.M. on Jul 5, 1990 to ' Y be publicly opened and read irr~ediately thereafter, for the following work: TRAFFIC SI C~~1AL MODIFICATION ON S'InCK]aALE HI GHHIAY AT RIO BRAVO DRIVE Plans and specifications, and forms of proposal, bonds an obtained at the office of the Porch ► d contract, may be asing Officer by posting a refundable deposit cf ZERO -0- }for each complete set. Refund of de ' made provided the plans ands cifications ar posit will be ~ e returned to the Purchasing Officer within ten (10~ days from date of bid openln and the doc ' good condition. g uments are in reasonable No bid will be considered unless it is made on a ro sal f ' the Purchasing Officer, which a ars p ~ orm furnished by ppe herein immediately following the SPECIAL PROVISIONS of the project, and is made in accordance with the rov' under Section 2, "Proposal R,e irements an p islons set forth S ~ d Conditions of the Standard peclfications. Each bid must be accompanied by a ro sal ar with the requirements of article - p po, ~ antee in accordance 2 1.07 of the said Section 2 of the Standard Specifications. The City of Bakersfield reserves the ri h • .g t to reject any or all bids. Bids are required on the entire work described herein. Substitution of securities for move s retaine Y d to ensure performance shall be permitted pursuant to the provisions and re irements of Eligible securities includ ~ Government Code 4590. e interest bearing demand deposit accounts, standb Lett of credit, or any other security agreed to b the Contra ~ Y ers Bakersfield. The re est f Y ctor and the City cf qu or substitution of securities tc be deposited shall be submitted on the form entitled "Escrow agreement for Secur'~ Retention" included in the back 1tY Deposits in Lieu cf cf these special provisions. The Contractor must possess a valid Class A or a combinatlcn of Class C-8, Class C-10, and C-12, Contractor's License at the time ' awarded. this contract is The work contemplated shall be done in accordance w' ith the Standard Specifications of the Department of Trans rtation Bu ' ~ slness and Transportation Agency, dated January, 1988, insofar as the same ma a 1 Y pA Y• Pursuant to Part 7 of Division 2 of th ' et se . e California Labor Code (Section 1720 q ) the Contractor shall not pay less than the reval workers on this ro 'ect p ling rate of wages to p ~ as determined by the Director of California De artment of Industrial Relations. The Director's schedule of r p • p evading rates is on -file and open for inspection at the City of Bakersfield De ar ' Truxtun Avenue, Bakersfie ' p tment of Public Works, 1501 ld, California. D21:51016.1 _l_ JL:lh J CITY OF HAKERSFIELD, CALIFORNIA - DEPARTMENT OF PUBLIC WORKS - ,SPECIAL PRaVISIONS - SECTION 1 - DEFINITIONS AND TERMS 1-1.01 GENERAL. This work embraced herein shall ' with the Standard S cificati ~ done en accordance ~ ons entitled "State of California, Department of Transportation, Standard Specifications, Janua 1988 " as re • insofar as the same ma a l ~ ~ ~ ferenced herein, y pp y, which specifications are hereinafter referred to as the Standard Specifications, and in accordance with the ' provisions. following special In case of conflict between the Standard Specifications an speci~alprovisions, the special rovisions d these en lieu of su ~ p shall take precedence over and be used ch conf lecteng porteons. 1-1.02 DEFINITIONS AND TEERMS. All deflnetions and terms Defeneteons and Terms," of the Standard 5 cifi In Secteon 1, whenever the follawin to pe cations shall apply, except ~ g rms or pronouns are used, the intent and meanie shall as follows: 9 City - City of Bakersfield Califo ' rnla. Department of Transportation, CALTI~ANS -The En i ' the City of Bakersfield. g rieering Department of Director -City Engineer. Engineer -The City Engineer; actin either d' authorized agents, such a ent .g erectly or through properly entrusted g s acting within the scope of the particular duties to them. Laboratory -The designated laborat ory authorized by the Cety to test materials and work involved in the contract. Standard Specifications - Standard S ' pecef ecateons of the Department of Transportation, Business and Transportation A en g cy, dated January, 1988. State -The City of Bakersfield. State Contract Act -Chapter 1 Divisi • The provisions of this ' on 2 of the Public Contract Code. act do not apply to this contract. Other terms appearing in the .Standard provisions, and the s Specifications, the general pedal provisions, shall have the intent and meanie specified en Section 1, Definition of Terms of t,h g e Standard Specifications. 4 D21:51016.3 -3- JL:Ih SECTION 2, P~P(~,SAL REQUIRIEMFNTS 2-1.01 GENERAL INFORMATI~1. The Purchasing Officer of the Cit of Y Bakersfield, California, will receive at her office, City Hall, 1501 Truxtun Avenue, in said City, until 2 o'clock P.M. on July 5, 1990 sealed proposals for TRAFFIC SIC~~IAL MODIFICATION ~ S'POCKDALE HIG~3wAY 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 P~VISIONS, AND SITE OF S+~RK. 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 sul~nission of a proposal shall be considered prima facie evidence that the bidder has made such examination. 2-1.04 REJECTION OF PROPOSALS OONTAINING ALTERATIONS, ERASURES OR IRlE~1LARITIES. 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 imomediately following these special provisions. All proposals must give the prices proposed, both in writing and figures, and must be signed b the bidder, Y 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 GUARAN'1~E. ~,1 bids cover and shall be acc Hied b shall be presented under Seale y a Proposal Guaranty made able d Bakersfield, for an amount equal to at least AaY t0 the City of - said bid, and no bid shall be ~ ten percent (10$) of the amount. considered unless such Pro of enclosed therewith, posal Guaranty is 2-1.07 REQUIRED LISTING OF P shall have listed th ~FO6ED Each ro erein the name and address of each Su p Posal bidder proposes to subcontract rtion bcontractor to whom the percent of his to ~ po s of the work in the amount of 1 tai bid or $10,000, whichever is ~ /2 of one Subletting and Subcontractin Fair greater, in accordance with the the Public Con g Practices Act, cornnencing with Sect° tract Code. The bidder's attention is invi ion 4100 of of said Act related to the i sition of ted to other provisions provisions b usi penalties for a failure to ob Y ng unauthorized subcontractors or serve its substitutions. by making unauthorized A sheet for listing the Subco in the Proposal. ntractors, as required herein, is in cluded Bidders are cautioned that ° the r irement this listing requirement is in add' ' ~ to provide a list of DBE Subcontrac ition to .proposals for projects utilizin F tors after the opening of the g ederal funds. 2-1.08 C~IISSIOl~1S IN SPECIFICATIONS work mentioned in the s cifi ~ ~Y materials or the drawin s cations and not shown on the drawin s . g and not mentioned in the specificatio g or sh0'~ on as if shown or mentioned in bo ~ shall be of tie same effect th. Omissions fran the drawings or the details of work which are ~ specifications of the materials or intent of manifestly or obviously necessa to c the drawings and specifications or w ' , a~'Y out the performed, shall not reliev hich are custanari~,y furnished or e the Contractor of his responsibilit such omitted materials or performen ~ Y for furnishing performed as if full g such omitted work; but shall be furni y shown or described in the drawin shed or 9s or specifications. 2-1, 09 WITHDR~~WAL, OF PROPI~;ALS. An ' prior to the time fixed in th ~ Y bid may be withdraw at an time e public notice for the openin of b' y for the withdrawal of the bid fil g ids by request shall be execute ed with the purchasing Department. d by the bidder or his dui authori The request withdrawal of a bid does not re' ~ Y zed representative. The Whether or not p )udice the right of the bidder to f i beds are opened exactly at the ti ~ le a new bid, opening bids, a bid will not be ~ fixed zn the public notice for withdrawn after received after that time., nor ma an ' z ~ time fixed in the public notic Y Y bid be e for the opening of bids. 2-1.10 PUBLIC OPENING OF PRA publicly at the t~,fie a P~~aAIS. Proposals will be o ned an nd place indicated in the "Not' ~ n d read Bidders or their authorized a nts ice to Contractors. ge are invited to be present. 2-1.11 RELIEF OF BIDIDERS. Atten ' ' Public Contract Code Secti tion is directed to the provisions of bidders and ' ons 5100 to 5107, inclusive, concernin ' in particular to the requirement the 9 relief of mistake was made in his bid rein, that if the bidder claims a within 5 da ~ , the bidder shall give the De mane ys after the opening of the bids of ~ nt written notice the notice in detail how the ~ the alleged mistake, specif in in nustake occurred. y g D21:51016.5 -5- JL:lh Public Contract Code Section 10285.1 provides as follows: (Chapter 376, Stats, 1985) _ Any state agency may suspend, for a period of u to the date of conviction an r p three Years from ~ y pe son from bidding upon, or being awarded a public works or services contract with the a en ' from being a subcontractor at an ~ g cY under this part or y tier upon the contract, if that person, or any partner, member, officer dl officer, or res nsible ~ ~ rector, responsible managing b Ao managing employee thereof, has been convic y a court of competent Jurisdiction of an char e ted collusion, consplra or an Y g of fraud, bribery, federal ~ Y other act in violation of any state or antitrust law In connection with the biddin u n performance of, any public works contrac g po ► award of, or with any ublic entit t► as defined in Section 1101, p y, as defined in Section 1100, includin purposes of this article, the Regents of th ~ g for the e University of California or the Trustees of the California State Univer ' ' determine the eli ibilit of sity. A state agency „gay ' g Y any person to enter into a contrac is article by requiring the person to submit a t under penalty of perjury declarin th statement under ' subcontrac 9 at neither the person nor any for to be engaged by the person has been ' the. offenses referred to in this secti convicted of any of ` on within the preceding three years. a A form for the statement required b Section Y 10285.1 is included in the proposal. 2-1.12 DIS~~UALIFICATION OF BI individual, firm r More than one proposal fran an pa tnership, corporation, or combination thereo same or different names will not be consi f under the that an individual dered. Reasonable grounds for believin Y , firm, partnership, corporation or comb' g interested in more than one ro sal f ination thereof is rejection of all .p p° or the work contemplated may cause the proposals in which such individual, firm rtn ' or combination thereof is Interested. If they ► Pa ership, corporation collusion exists anion ~ e is reason for believing that Pro ~ g e bidders any or all proposals ma be re 'e posals in which the prices obviousl are u y J cted. Y nbalanced may be rejected. SECTION 3. ACRD ,AND ~CUTION 0 F C~~JTRACT 3-1.01 Gl~1ERAL. The award of the to the lavest responsible bi contract, if It be awarded, will be the at dder. The language "responsible" refers tribute of .trustworthiness, but also to th to not only of law bidder to satisfactoril e quality, fitness and capacity y perform the proposed work. 3-1.02 AIi~RD OF CONTRACT. The awarded, will be made w' ~ - award of the contract, if it be 1 then forty five (45) days after the o n' .proposals unless extension is approved the ~ Ae ing of the by lowest responsible bidder. 3-1.03 CONTRACT BOND6. The Contrac sufficient bonds. One of for shall furnish two good and rfo the said bonds shall guarantee the faith pe rmance of the said contract b the Co ful equal to one hundred Y ntractor and shall be in an amount said bon ,percent (100$) of the contract price. The other ds shall be In an amount of f if t r of the and shall guarantee n Y Pe cent (50~) of the contract price on the 'o t to laborers, mechanics and material workers ~ b under the contract and shall be in employed 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 cf the Contractor far 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 OONTRACT. The contract shall be signed by the successful bidder and returned, together with the contract bonds within ten (10) days, not including Sundays, after the .bidder has received notice that the .contract has been awarded. No proposal shall be considered binding upon the City until the execution of the contract. All contracts shall be considered as being made and entered into in the City of Bakersfield, California. Failure to execute a contract and file acceptable bonds as provided ,herein within ten (10} days, not including Sundays, after the bidder has received notice that the contract has been awarded, shall be just cause for the cancellation of the award and the forfeiture of the proposal guaranty. 3-1.05 RETURN OF BIDDER'S GUA~E~ANTEES. 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 OE COMPLETION AND LIQUIDATED DAt~~AGES 4-1.01 GENERAL. Attention is directed to the provisions of Section 8, Article 8-1.03, "Beginning of Work," Article 8-1.06, "Time of Completion" and Article 8-1.07, "Liquidated Damages," of the Standard Specifications, and is specifically hereby made a part of these special provisions. The first paragraph of Section 8-1.03, "Beginning of Work," of the Standard Specifications, is amended to read: The Contractor shall begin work within fifteen (15) days after receiving written notice the contract has been approved by the City Council if necessary and to proceed. The Contractor shall diligently prosecute the same to completion before the expiration of 40 working days. Contract working days will coma~ence 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 r Full ccx~ensation for conforming to the requirements of above paragraph shall be considered as included in the prices paid for the various items of work and no additional allowance will be made therefor. SECTION 5. GENERAL 5-1.01 STATE Ca!ITRACT ACT NOT APPLICABLE. Sections 1-1.40, "State Contract Act," and 9-1.10, "Arbitration," of the Standard Specifications are deleted. This contract is not governed by the provisions of the State Contract Act. The adoption and use of the Standard Specifications in the performance of the work called for in this contract shall not be construed as an election by the City to proceed under Section 20396 of the Public Contract Code. In the event that a dispute arises between the parties, they are not obligated to submit the matter to arbitration in any form although they may do so upon written agreement). 5-1.02 ALTERATION IN QUANTITY 4F WORR. Increases in ,work totaling more than ten percent X10$) of the contract amount shall be processed as a change order subject to approval by the City. 5-1.03 C~NTRfJL OF WORK. Control of work shall conform to the rovisions in Section 5, "Ca~1'i~ROL OF WORK," of the Standard Specifications P and these special provisions. Section 5-1.02 "Plans and Working Drawings"~ of the Standard Specifications is amended by adding the following. paragraph after the fourth paragraph: Working drawings or plans for any structure not included in the plans furnished by the Engineer shall be approved by the Engineer before any work involving these plans shall be perfornled, unless approval is waived in writing by the Engineer. Section 5-1.07 "Lines and Grades" of the Standard Specifications is amended by adding the following paragraph after the first paragraph: Three consecutive points shown on the same rate of slope must be used in cannon, in order to detect any variation from a straight grade, and in case. any such discrepancy exists, it must. be reported to the Engineer. If such a discrepancy is not reported to the Engineer, the Contractor shall be responsible for any error in the finished work. The second paragraph in Section 5-1.07, "Lines and Grades" of the Standard Specifications is amended to read: Glen the Contractor requires such stakes or marks, he shall notify the Engineer of his requirements in writing a reasonable length of .time in advance of starting operations that require such stakes or marks. In no event, shall a notice of less than 24 hours be considered a reasonable length of time. Section 5-1.08, "Inspection" of the Standard Specifications is amended by adding the following paragraph after the first paragraph: Whenever .the Contractor varies the period during which work is 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 PREVAILING WAGES. Pursuant to Chapter 1 of Part 7 of Division 2 of the Labor Code (commencing with Section 1720), Contractor agrees that in performing said worl~, 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 kept open at all reasonable hours for inspection pursuant to Section 1812 of the Labor Code. The Contractor and all Subcontractors shall pay not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime to all workers employed in the construction of this project. The prevailing rate for each craft, classification or type of work is determined by the Director of the California Department of Industrial Relations, and his schedule of prevailing rates is on file ,and available for inspection in the Public Works De rtment. The schedule is incorporated herein by this reference. Pa The City shall have the right to inspect payroll records during normal working hours and shall have the right to question workers at any time concerning the wages being paid. Contractor shall not interfere in .any way with the City's right to investigate conformance with the wage provisions of this contract. Contractor shall forfeit to the City for each worker emplayed for each calendar day or portion thereof: a. T~''NTY-FIVE DOLIGARS ( $25) pursuant to Section 1775 of the Labor Code,, r worker paid less than the amount to which he is entitled ~ • ~ and under said general prevailing rate of wages, b. 'I~;NTY-FIVE DOLLARS ($25) pursuant to Section 1813 of the Labor Code, per worker required to .work more than eight (8) hours per day or more than forty (40) hours per week, except as provided~in Section 1815 of the Labor Code. 5-1.05 PAYRGLL RECORD6. The fourth paragraph in Section 7-1.OlA(3), "Payroll Records," of the Standard Specifications is deleted and shall not apply to this contract. 5-1.06 LAHOR NONDIS~~tIMINATION. 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 r lations romoulgated by the Fair Employment and Housing Cam~nission to ~ P implement said Act, and to the nondiscrimination, affirmative action and equal employment opportunity requirements in the special provisions. 5-1.07 APPRENTICES. The Contractor's attention is directed to Article 7-1.OlA(5), "Apprentices," of the Standard Specifications. All Contractors and Subcontractors shall comply with the provisions of Labor Code Sections, 17?7.5, 1777.6, and 1777.7 relating to the employment of apprentices. If the Contractor does not have a union contract which provides for apprentices, the Contractor and all Subcontractors shall submit one of the following: . D21: 51016.9 -9•- JL ~ ~ 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 point 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 T~V'I'Y-FIVE THOUS~~1D DOLILARS ($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 rovisions to be made for worker protection during the excavation of the p 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 repared by a Registered Civil or Structural Engineer. p Nothing in-this section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders of the Division of Industrial Safety, Nothing in this section shall be construed to impose tort liability on .the awarding body or any of its employees. .The terms "Public Works" and "Awarding Body," as used in this section, shall have the same meaning as in Labor Code Sections 1720 and 1722 respectively. 5-1.09 SOUND CO~~L , REQiJIR~ENTS. 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 dUA 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 mayor may not be awned 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 condensation 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 goverrunental organization which require such permits, licenses or fees. The Contractor shall procure a business license in the City of Bakersfield. 5-1.11 WORKING HOURS. Contractor shall limit his field working hours fran 7:00 A.M. to 4:30 P.M. Any deviations must be requested and in writing and directed to the Construction Engineer at the Pre-Job Conference. Written approval from the Construction Engineer is required for work beyond-these limits. Any time work proceeds beyond the time limits or on holidays or weekends, the Contractor will be charged for all associated overtime charges and said charges may be withheld from contract retention. 5-1.12 LAWS To BE 08SEl~VED. 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 approved by the City Risk Manager and the Public Works Departntient, nor shall the Contractor. allow any Subcontractor to commence work on his subcontract until said certificates of insurance have been filed and approved by the City Risk Manager and the Public Works Department. Contractor shall be responsible for any deductibles under all required insurance policies. 5-1.13A HOLD ASS. The Contractor shall save, hold harmless and _ indemnify the City, its officers, agents, employees and volunteers from all claims, demands, damages, judgments, costs or expenses in law or equity that may at any time arise fran or related to any work performed b'Y the Contractor, his agents, employees or subcontractors under the terms of this agreement and shall execute and return with the executed contract documents and bonds the "Hold Harmless Agreement," a copy of which is attached hereto. 5-1.13B INSURANCE. In addition to any other form of insurance or bond required under the terms of this agreement and specifications, the Contractor shall procure and maintain for the duration of this ,agreement the following types and limits of insurance: Autaanobile 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 awned, non-awned 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' nsation with statuto limits and 1 er's liabili Insurance with lun~ts o not less than one million ( 1,000,000) per accident. The workers' compensation policy shall contain a waiver of subrogation endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. All policies required of the Contractor hereunder shall be primary insurance as respects the City, its mayor, council, officers, agents, employees and volunteers and any insurance or self-insurance maintained by the City, its mayor, council, officers, agents,. employees and volunteers shall be excess of the Contractor's insurance .and shall not contribute with it. All policies shall contain the following endorsements: An_endorsement providing the City with ten (10) days written notice of cancellation or material change in policy language or terms. If any part of the work under this agreement is sublet, similar insurance shall be provided by or on behalf of the subcontractors to cover their operations. The insurance required under this agreement shall be maintained until all work required to be performed under the terms of this agreement is satisfactorily completed as evidenced by formal acceptance by the City, All costs of insurance required under this agreement shall be included in the Contractor's bid., and no additional allowance will be made for additional costs which may be required by extension of the insurance policies. 5-1.14 C~ONTRAC'1~OR'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. D21:5101d.12 -12- JL:lh 5-1.15 L~~~AGE BY STORM, FLOOD, TIDAL SAVE OR E~~IQUAKE. Section 7-1.165, "Damage by Storm, Flood, Tidal Wave or Earthquake," of the Standard Specifications is deleted and shall not apply to this contract. n 5-1.16 WORR 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 RSC~iT OF ~Y. The right of way for the work to be constructed will be provided by the City. The Contractor shall make his nwn arrangements, and pay all expenses for additional area required by him outside of the limits of r-fight of way unless otherwise provided in the special provisions. 5-1.18 SUSPII~ISIC~1 OF C~ITRACT. 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 representative; may en~loy other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials, and purchase the materials contracted for, in such manner as the. Engineer may deem proper; or the City Council may annul and cancel the contract and re-let the work. or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and his sureties, who will be liable therefor. In the event of .such suspension, all money due the Contractor or retained under the terms of this contract shall be forfeited to the City; but such forefeiture will not release the contractor or his sureties from liability or failure to fulfill the contract. The Contractor and his sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operations of the contract and the completion of the work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion as determined by the Engineer have been paid. In the determination of the question whether there has been any such non-compliance with the contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the contract. 5-1.19 TEMFOR~~RY SUSPENSION OF WORK. The Engineer shall have the authority to suspend the work wholly or in part, for such period as he may deem necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as he may deem necessary, due to the failure on the part of the Contractor to D~1:51016.13 -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 PAY1!~~NTS. Attention is directed to Sections 9-1.06, "Partial payments," and 9-1.07, "Payment After Acceptance," of the Standard Specifications and these special provisions. No partial payment will be made for any materials on hand which are furnished but not incorporated in the work. 5-1..21 FINAL PAYMENT. In addition to the conditions, provisions, and requirements of Article 9-1.07B, "Final Payment and Claims," of the Standard Specifications, the following shall apply: The City may withhold funds, or because of subsequently discovered facts, nullify the whole or any part of any certificate for payment, to such extent as may be necessary to protect the City from loss due to causes including but not limited to the following: a. Defective work not remedied; b. Claims filed or information reasonably indicating probable filing of claims; c. Failure of Contractor to make payment due for materials and/or labor; d. Information causing reasonable doubt that the contract can be completed for any unpaid balance; e. Damages to another Contractor; and f. Breach of any terms of this contract. When any and all such causes are removed, certificates shall be issued for amount withheld. 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 ca~npletion of the contract, make a final estimate of the amount of work done thereunder, and the value of such work, and the City shall pay the entire sum so found to be due after deducting therefran all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the contract. All prior partial estimates and - payments shall be subject to correction in the final estimate and payment. The final payment shall not be due and payable until the expiration of thirty X30} days fran the date the "NOTICE OF OQMPLETI~1" is recorded at the County Recorder's Office and after execution and return by the Contractor of the attached GU'ARi!~NTEE when .applicable . D21:51016.14 -14- n: ~ the ties to the contract that no is mutually agreed between ~ exce t the final It nts made under the contract P iven or paY~ ' ve evidence of the performance of certif irate g 1 nt► shall ~ conclusi of the arty of the certificate or f ina PaY~ rt► against any claim p tract, e1ther wholly or in ~ ed to ~ an acceptance of any the con no nt shall be constru first Part, and rials. five work or l.mproper mate defer the ayment of the final anaunt ctor further agrees that P work done in pnd the Contra d ' ustment and payment for any C i t the contract, and the a ~ shall release the City► the Y due under alterations of the same, an ~ liability on account of work accordance with y ran an and all claims or cil and the Engineer f y ration thereof. Coun ► alte r'med under the contract or any perfo The word *coarpensation" in ED OR DEQ~EASED QUANTITIES. red with the 5-1.22 INCIE~ d S cif ications is repla ra raphs of the Standar Pe the f ollawin9 pa g words "unit price": ction 18-1.05, "PAYMENT"• Third paragraph of ~ 8 "PAY~!+~" . • ra ra h of Section 24-1.0 ► " Third Pa 9 P ction 36-1.07, "PAY~!tiENT • . Second paragraph of Se "PAY~!~T" . a ra h of Section 39-8.02, Tenth par g P for shall be held , A~~S ~,~~;~,s , The Contrac their education of 5"1'23 ~ ntractor's well-being and • r his workers and subco ~ are encountered during this responsible fo when hazardous materials dlin hazardous materials han 9 project. Cyx~I'gDL OF MATERIALS SECTIaN 6. 11 conform to the provisions , Control of materials sha 'ons and these 6-1.01 GENES ~ of the Standard SpeCificati ' on 6 ► "Control of Materials ► in Secti special provisions. rce of supply of each of the o tion of the Engineer, the sou is started and At the P the Engineer before delivery. 11 be a proved by ive reliminary steles of materials sha p, in the work. RepreSentat P for or fore such material is used ~ submitted by the contrac ~ rescribed shall cater and quality p for testing or examination as the char ials to be used in the work, producer of all mater desired by the Engineer• ontractor shall be made in f materials furnished by the c nizations► and All tests o 1zed standards of national orga cccodance with commonly recogn ribed in the specifications. a resc s cial methods and tests as are P • such Pe SITES. The operation of any ~T, DISP~~ AND r dis se of 6"1.02 ~ e Contractor to produce o p° rd r dis al sites used by ~ irements in the standa b0~~ ° ~ shall comply with ~e requ water llution► material for this Project ns• All provisions 'for po f the contract shall apply to ' ications and these special provisio, , Specif a 1 within the lets ° and sound control that pP Y d b the Contractor. rraw or disposal sites utilize Y all bo 'tes and haul roads shall be ' etion of the work, all such si the contract. Up°n cc~l ime of final inspection of d and treated so that, at the t grade JL:lh ~15- they will drain, will blend with ,surrounding terrain, and will have a potential as a source of blowing dust or other pollution which is no greater than when in their original condition. If the Contractor obtains necessary permits for borrow, disposal or material sites from the authority having jurisdiction or from the appropriate pollution control boards and such permits contain requirements which conflict with the requirements in the first and second paragraphs of this section, the requirements of the permits shall govern over the conflicting requirements of this section provided the permit requirements have been approved by the Engineer. Full compensation for ccxnplying 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 {~IFICATES OF OOMPLIANCE. 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 sailing and testing, if accompanied by a Certif irate of Compliance. SECTION 7. CONSTR~JCTION 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 (max. 1" dia.y in front of each signal indication. The covers shall remain in place until all signal operations have been checked and signal is placed into operation. Prior to co~nencement 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 08ST1~JCTIONS. Attention is directed to Section 8-1.10, "Utility and Non-Highway Facilities," of the Standard Specifications, the plans, and the special provisions. The Contractor will be required to work around public utility facilities and other irr~rovements that are to remain in place within the construction area or that are to be relocated and relocation operations have not been ccxnpleted. 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 i~rovements 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- ~L: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 spawn or correctly located on the plans will not be compensated for as idle time. However, additional contract time co~nensurate with such delays may be allowed. At locations where irrigation systems exist, the Engineer will direct the Contractor as to what steps will be required to protect the irrigation system and the area it serves. The Contractor shall replace the irrigation system as directed by the Engineer. Existing land subdivision monuments and stakes shall be fully protected from damage or displacement and they shall not be disturbed unless directed by the Engineer. Attention is directed to the fact that nuisance water may be present at all times along the project. It will be the responsibility of the Contractor to provide for handling of said water and any expense involved shall be considered as included in the prices paid for the various items of work and no additional: 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 campeensation 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, Department of Transportation. Application and use of devices shall be as specified and as directed by the Engineer. The Contractor shall keep the Bakersfield Fire Department informed at all times as to the exact location and progress of the work and shall notify them um~ediately 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: Construct*on operations shall be actively in progress only between the hours of f8:30 AM-4:00 PM], Monday through Friday. Where construction operations are actively In progress, a minimaun 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 ccxnpensation will be allowed for any shaping of shoulders necessary for the accommodation of public traffic thereon during paving operations. In order to expedite the passage of public traffic through or around the work and where ordered by the Engineer, the Contractor shall, at his own expense, furnish, install and maintain construction area signs, lights, flares, temporary railing ('Ripe 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 HICY FACILITIES. The work perforn:ed in connection with various existing facilities shall conform to the provisions in Section 15, "Existing Highway Facilities," of the Standard Specifications and these special provisions. Existing City highway signs and street markers shall remain the property of the City. Such signs and street markers shall be relocated and maintained during construction so as to convey the same intent that existed prior to construction. Existing City highway signs and street. markers shall be placed in their permanent position by the Contractor's forces prior to completion of construction. Signs removed from the project area shall be delivered to the City Corporation Yard at 4101 Truxtun Avenue. PAYMENT. Full compensation for conforming to the requirements of the two preceeding paragraphs shall be considered as included in the prices paid for the various items of work and no additional allowance will be made therefor. 7-1.05 SAWCUT ASPHALT CCNCIRETE 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 ving concrete shall conform to the °provisions in Sections 15, "Existing Highway Facilities," 16, "Clearing and Grubbing," and 19-1.04,."Removal and Disposal of Buried Man-Made Objects," of D21:51016.18 -18- JL:lh ' the Standard Specifications and these special rovisions. E ~ p _ Concrete removed shall be disposed of in accordance with th provisions in Section 7-1.13, "Disposal of Material Dutside e Way," of the Standard S cifications. the Highway Right of Pe MEASUREMENT AND PAYMENT. Removing concrete and as halt c median will be measured and paid for as roadwa p oncrete within y excavation. 'I 7-1.07 CLIEARING AND GRUBBING. Clearing and bbin sh to the provisions in Section 16, "Clearin ~ ~ g all conform g and Grubbing," of the Standard E Specifications and these special provisions. ~ Clearing and grubbing shall be limited to those areas ac affected by the planned construction as dir tually ected by the Engineer. 7-1.08 DUST COtVTR~L. It shall be the Contra ' to prevent a dust nuisance from on ' ctor s responsibility ginating from the site of the work as a result of his operations, or the traveling public, durin of this contract. Preventati 9 ~ effective period ve measures to be taken by the Contractor shall include but shall not be limited to the followin : 9 1. Water shall be applied to all unpaved areas as re prevent the surface from be quired to Gaming-dry enough to permit dust fo~tzation. 2. Paved surfaces over which vehicular traff' ' trave 1 shall be ke t f ree is is perms tied to p of dirt. Temporary suspension of the work, either as a result o Engineer, or as a result of condition f order by the s beyond the control of the Contractor shall not relieve the Contractor from his res nsibi ' forth herein. Ao lity for dust control as set PAY~'~ENT. Full compensation for conformin to the re article shall be considered as includ ~ g Quirements of this ed in the prices paid for. the various contract items of work and no additional c nsation wi 11 be allowed therefor. 7-1.09 EARTHWORK. Earthwork shall Section 19, "Earthwork " conform to the provisions in of the Standard Specifications and theses cial provisions. pe Section 4-1.05. "Use of Material " s Found on the Work, of the Standard Specifications shall be amended to read as follow • s. Unless designated as selected material as rovided ' ' "Selected Material " the p in Section 19-2.07, E ► Contractor, with the approval of the ngineer, may use in the proposed construction such stone rav sand or other material suitable in ~ ~ ~ g el, be found ' ~ opinion of the Engineer as may in excavation. The Contractor will be paid for the excav - tion of such materials at the a contract price for such excavation,. but he shall replace at his expense with other sui ' table material all of . that portion of the material so removed and u ' plated for use in ~ which was contem- the work. The Contractor shall not excavate or remove any material from within the highway location that s within the excavation as ' ) not indicated by the slope and grade lines, D21:51016.19 _1~ JL:lh without written authorization from the Engineer. It is anticipated that there will be 81 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. When asphalt concrete is to be placed on the grading plane, the grad- ing plane at any point shall not vary by more than 0.05-foot above or below the grade established by the Engineer. Section 19-3.062, "Slurry Cement Backfill," of the Standard Specifications is deleted and shall not apply to this contract. The relative,compaction,limits specified in the second paragraph of Section 19-5.03 "Relative Compaction (95 Percent)," of the Standard Specifications are amended to the limits shown on the plans and typical cross- sections and shall be determined by: ASTM D1557-70, Method "C" Standard Test Method for Moisture-Density Relations of Soils using 10 lb. (4.5 Kg) rang and 18" (457r~m) 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 RGAI7WAY. Finishing roadway shall conform t6 the provisions in Section 22, "Finishing Roadway," of the Standard~Specifications and these special provisions. In addition to the conditions, provisions and requirements of Section 22-1.01, "Description," of the Standard Specifications, the following shall apply: The Contractor shall remove, from all affected areas, whether inside or outside the project limits, all excess and/or objectionable material originating within the project limits and transported by public traffic or by the Contractor's operations. The Contractor may use any method, approved by the Engineer, that does not create a dust problem to remove the excess and/or objectionable material from the affected areas. However, in residential areas, when a broom is used, a self-contained, pick-up type, power broom with water distribution system shall be used. PAYMFI~IT. 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 acid these special provisions, and as directed by the Engineer, shall be considered as included iri various items of work .and no additional compensation will be made therefor. 7-1.11 A~GRI~GATE BASE. Aggregate base shall be Class 2 and shall i conform to the provisions in Section 26, "Aggregate Bases," of the Standard Specifications and these special provisions. Aggregate base shall be compacted to 95$ relative compaction. Compaction will be determined by the following test methods: California No. 216, California No. 231, or ASTM D1557-70, Method C. For verification purposes, the tonnage of compacted aggregate base will be calculated frcxn the dimensions shown on the plans, adjusted by the amount of any change ordered by the Engineer. 7-1.12 ASPHALT QONCIRE'I'E. Asphalt concrete shall be 'Ripe B and shall conform to the provisions in Section 39, "Asphalt Concrete," of the Standard Specifications and these special provisions. Aggregate for the top layer of Type B asphalt concrete shall conform to the requirements for 1/2 inch maximum, medium grading and aggregate for any: lower layers of Type B asphalt concrete shall conform to the requirements for 3/4 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. 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 recontim~endations 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 ~JAD6IDE SIC~1S. Rpadside signs shall conform to the provisions in Section 56-2, "Roadside Signs," of the Standard Specifications and these special provisions. Miscellaneous roadside signs shall conform to City Standard . TS-4. Where sign posts are placed within concrete sidewalk the sidewalk shall be core drilled. Roto hammering or other similar methods will be permitted provided that the perimeter of the damaged area is sawcut to the limits required to form a neat finish as directed by the Engineer. MEASUREMENT AND PAYMII~IT. 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 h~~ngers 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-arrn 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 cverhead signs shall be considered included in the respective contract lump sum price or prices for signal, flashing ,beacon, or combination thereof , 7-1.15 MISCELLANEOUS OONCI~ETE OONSTRUCTION . 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. MEASUREMII~IT AND PAYMII~IT. 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 SECTIC~1 7 OCNSTR~ICTIC~1 DIETAILS SECTIaN 7-2 TRAFFIC SIQJAt~S AND LIGHTING 7-2.01 FO(A~IDATIONS. 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 pounds of cement per cubic yard, except for pile foundations shall contain not less than 5b4 pounds of cement per cubic yard. 7-2.01 OaNDUIT. Conduit shall conform to the provisions in Section 86-2.05, "Conduit," of the Standard Specifications and these special provisions. Conduits may be installed by either jacking/drilling or open trench methods. Installation using jacking or drilling shall conform to Section 86-2.05C, "Installation," of the Standard Specifications. Open trench installation shall conform to the following specifications. 1. Conduit shall be rigid non-metallic type. Conduit shall be placed under existing pavement in a trench not to exceed 6 inches in width. Trench shall be cut using a rock saw and all loose uncompacted material shall be removed from the bottom of the trench prior to placement cf conduit.. The top of~the installed conduit shall be a minimum of 12 inches below finished grade. 2. The conduit shall be placed in ,the bottom of the trench and the trench shall be backfilled with a one (1) sack slurry cement backfill. Slurry cement backfill shall be placed tc within 0,20 feet of the pavement surface. The top 0.20 feet shall be , backfilled with asphalt concrete produced from commercial quality paving asphalt and aggregates. 3. Prior to spreading asphalt concrete, paint binder shall be applied as specified in Section 39-4.02, "Prime Coat and Paint Binder," of the Standard Specifications. Spreading and compacting of asphalt concrete shall be performed by any method which will pro- duce an asphalt concrete surface of uniform smoothness, texture, and density. 4. A11 excavated areas in the pavement shall be backfilled by the end of each work day. Temporary roadmix or other acceptable temporary surface will be allowed on the top 0.20 feet until such a time as ~the~ permanent asphalt surface is placed. Dependant upon adverse soil conditions or other circ~zmstances encountered at the time of construction, the Engineer may specify which of the above methods may be used. D21:51016.23 -23- JL:lh 7-2.03 PULL BOXES. Pull boxes shall conform to the provisions in Section 862.06, "Pull Boxes," of the Standard Specifications and these special provisions. Recesses for suspension of ballasts will not be required. 7-2.04 00~1DUCTORS AND WIRING. Conductors and wiring shall conform to the provisions in Section 86-2.08, "Conductors," and Section 86-2.09, "Wiring,°' of the Standard Specifications and these special provisions. CONDUCTORS - The Contractor shall use multi-conductor electrical cables for all circuits except between the service switch and controller cabinet. Only multi-conductor cable conforming to the following shall be used: 5 Conductor cable consisting of 5 No. 14 conductors colored 1 each red, yellow, brown, white and black. 9 Conductor cable consisting of 1 No. 12 conductor colored white. and 8 No. 14 conductors colored 1 each red, yellow, brown, black, red black stripe yellow black stripe, brawn 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. 7-2.05 TESTING. Testing shall conform to the provisions in Section 86-2.14, "Testing," of the Standard Specifications and these special provisions. The signal shall not be placed in flashing mode, with signal faces uncovered, prior to Functional Testing. FUNCTIONAL TESTING. All functional testing shall conform to the provisions is Section 86-2.14C "Functional Testing," of the Standard Specifications and the following paragraph: Functional test period is included in the number of working days to complete the project" as described in SECTION 4, "BEGINNING OF WORK, TIME OF OONIPLETICJN AND LIQUIDATED L~~MAGES" of these special provisions. 7-2.06 SICI~IAL FACES AND SIC~~IAL Signal faces, signal heads and auxiliary equipment, as shown on the plans, and the installation thereof, shall conform to the provisions in Section 86-4.01, "Vehicle Signal Faces," 86-4.02, "Directional Louvers," 86-4.03, "Bookplates" and 86-4.06, "Signal Mounting Assemblies," of the Standard Specifications and these special provisions. Housing, visors, directional louvers and bookplates shall not be structural plastic. All lamps for traffic signal units shall be furnished by the . Contractor. All signal faces shall be provided with 12-inch sections. D21:51016.24 -24- ,7L:lh The third sentence of the first paragraph of Section 86-4.06, "Signal Mounting Assemblies," of the Standard Specifications, shall be amended to read as follows: Slip-fitters and terminal compartments shall be cast bronze or hot-dip galvanized ductile iron. 7-2.07 PEDESTRIAN SIC~IAZS. Pedestrian signals shall conform to the provisions in Section 86-4.05, "Pedestrian Signal Faces," of the Standard Specifications and these special provisions. Pedestrian signals shall be Type C, and shall have energy efficient heads equivalent to Indicator Controls Corporation Model 4094B. 7-2.08 LUMINAIRES. Luminaires shall conform to the provisions in Section 86-6.01, "High Intensity-Discharge Luminaires," of the Standard Specifications and these special provisions. Luminaires shall be furnished with 200-watt high pressure sodium lamps and integral ballasts. An in-line fuse shall be located in the pull box. 7-2.9 PHC7POELECTRIC C~JNTI~JLS. Photoelectric controls shall conform to the provisions in Section 86-6.07., "Photoelectric Controls", of the Standard Specifications and these special provisions. Each luminaire shall be provided with a Type IV photoelectrical control. 7-2.10 OONTRULLERS, CABINETS AND AUXILIARY EQUIPM~IT. 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 Specifications and these special provisions. Location and layout of detector loops shall be as directed by the Engineer. INSTALLATIC~ DETASLS 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 fi inductive loop detectors. After conductors are installed in slots cut in the pavement, the slots shall be filled with epoxy sealant conforming to the requirements in Section 95-2.09, "Epoxy Sealant for Inductive Loops," to within 1/8 inch of the pavement surface. The sealant shall be at least 1/2 inch thick above the top conductor in the saw cut. Before setting, surplus sealant shall be removed from the adjacent road surfaces without the .use of solvents. In lieu, of the epoxy sealant specified above, slots may be .filled with either of the following materials: 1. An elastomeric sealant conforming to the following: D21:51016.25 -25- JL:lh 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. 'Ripe 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, mini.moum 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 822 Weatherometer 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.} minimoum Tensile; 400, minimoum 5~ NaCl, Die C, pulled at 20 IPM. elongation Dielectric Constant - Less than ASTM D 150. 25~ change over a temperature range of -30° C. to 50° C. 2. Asphaltic Emulsion Inductive Loop Sealant shall conform to State of California Specification 8040-41A-15. Loop conductors shall be installed without splices and shall terminate in 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 loops under actual traffic conditions is approved by the Engineer. All loop conductors for each direction of travel for the same phase of a traffic signal system, in the same pull box, shall be s lived to a cable which shall p be run from the pull box adjacent to the loop detector to a sensor unit mounted in the controller cabinet. Splices to the cable shall be made in pull boxes only. All loop conductors for traffic counters shall terminate in a 11 box or terminal strip in the traffic count station cabinet when such a cabinet is installed. Conductors dor inductive loop traffic signal and traffic countin g 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." D21:51016.26 -26- JL:lh .Identification of each conductor pair shall consist of labeling the phase and detector -slot number. (e.g. - 6J2L, 8J8U, 3I5U,~ etc.) in permanent ink on a tag suitable for such purposes (Stuart Electric Ty Rap, Catalog X10. TY5532 u or approved equal). If asphalt concrete surfacing is to be placed, the loop detector conductors shall be installed prior to placing the uppermost layer of asphalt concrete. The conductors shall be installed, as shown on the plans, in the compacted layer of asphalt concrete imomediately below the uppermost layer. Installation details shall be as shown on the plans, except the epoxy sealant shall fill the slot flush to the surface. Detector loops in concrete pads shall be sealed with epoxy sealant. Loop detector lead-in cables shall conform to the provisions in Section 86-5.OlA (4), "Construction Materials," of the Standard Specifications and these special provisions. Loop detector lead-in cables shall be Type B, and shall conform to the following: 1. All spade connectors used to attach to terminals inside the controller cabinet shall be crimped and soldered to the conductor. 2. Loop wires in the pull box shall be twisted at a minimum rate of 5 turns per foot, and. the splice must be soldered and completely waterproof. Connect one end of the shield to earth ground (at cabinet). and insulate the other end with no possible path to earth ground. 7-2.12 GUAIE~ANTEE. 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 corr~letion and final. acceptance is rude by the City cf the work described on the plans and these special provisions. 7-2,13 PAYMF~IT. 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 CALIF0~IIA Specification Asphaltic Emulsion Inductive Loop Sealant 1.0 SCOPE This specification covers a one component, pourable sand filled, asphaltic emulsion for use in sealing inductive wire loops and leads imbedded in asphalt and portland cement concrete. This sealant is suitable for use in freeze-thaw environments. 2.0 APPLICABLE SPECIFICATIONS The following specifications, test methods and standards in effect on the opening date of the Invitation to Bid form a part of this specification where referenced: American Society for Testing and Materials D2939, D2523 California Test Method No. 434 California Department of Transportation Standard Specifications 1981 State of California Specification 8010-XXX-99 Inspection, Testing and Other Requirements for Protective Coatings Code of .Federal Regulations, Hazardous Materials and Regulations Board, Ref. 49CFR. 3.0 REQUI 3.1 Composition The composition of the loop sealant shall be a sand filled, pourable, water emulsified bitumen. It will be the manufacturers responsibility to produce a one-ccnnponent product to meet the properties specified herein. 3.2 Characteristics of the Sealant 3.2.1 Residue by evaporation, weight percent , 70 Minimum Use ASTM D2939 3.2.2 Ash content, weight percent 50 to 65 Use ASTM D2939 4 D21:51016.27 JL:lh -27- Asphaltic Emulsion Inductive Loop Sealant ~ $040-41A-15 3.2.3 Firm set time, hours, 4 test at one hour intervals, use ASTM D2939 3.2.4 Brookfield viscosity, Poise 50 to 125 RVT Spindle #3, 10 RPM at 75 + 2°F. 3.3 Properties of the Dried Film 3.3.1 Flexibility, No full depth Use ASTM D2939, except air dry specimens to cracks constant weight at~75 + 5°F. and 50 + 10~ relative humidity. Condition mandrel and specimens 2 hours at 75 + 2°F before test. Use aluminum panels, 0.03 inches thick ~Q panel or equal). 3.3.2 Tensile Strength, psi, 20 minimuum cast sheets 0.25 inches thick and air dry at 75 + 5°F, 50 + 10~ relative humidity for minimum of 16 hours. Load rate 0.05 inches/minute, use ASTM D2523. . 3.3.3 Elongation, $ 2.0 minimum Same conditions as 3.3.2 use ASTM D2523 3.3.4 Slant-shear strength to concrete, psi, 150 minimum, Use California Test Method No. 434, Part VIII. Space with no loss damp blocks with 0.25 inches between slant faces, seal of adhesion to sides and bottom with tape and fill with the well stirred concrete sample, strike off the excess. Dry in 140°F oven to ' constant weight and condition l day at 75 + 2°F before testing. Load rate to be 5000 lbs/minute. 3.3.5 Resistance to water No blistering, Use ASTM D2939, Alternative B re-emulsification or loss of .adhesion 3.4 Workmanship a. 3.4.1 The sealant shall be properly dispersed and any settling shall be easily redispersed with minimum resistance to the sideways manual motion of a paddle across the bottom of the container. It shall form a smooth uniform product of the proper consistency. If the material cannot be easily redispersed due to excessive settlement as described above or due to any other cause, the sealant shall be considered unfit for use. D21:51016.28 -28- JL:lh Asphaltic ~iaulsion Inductive Loop Sealant 8040-41A-15 3.4.2 The sealant shall retain all specified properties under normal storage conditions for 12 months after acceptance and delivery. The vendor shall be responsible for all costs and transportation charges incurred in replacing material that is unfit for use. The properties of any replacement material, as specified in Paragraph 3.0, shall remain satisfactory for 12 months from date of acceptance and delivery. 3.4.3 The sealant shall comply with all air pollution control rules and regulations within the State of California in effect at the time the sealant is manufactured. 4.0 QUALITY ASSURANCE PROVISIONS 4.1 Inspection This material shall be inspected and tested in accordance with State of California Specification 8010-XXX-99, or as othe~aise deemed necessary. 4.2 Sampling and Testing Unless otherwise permitted by the Engineer, the material shall be sampled at the place of manufacture and application will not be permitted until the material has been approved by the Engineer. 5.0 PREPARATION FOR DELIVERY 5.1 Packaging The sealant shall be prepared in a one package system ready for application. The material shall be furnished in container size as specified in the purchase order or contract. If ordered in 5 gallon size the containers shall be new, round standard full open head with bails, shall be nonreactive with the contents, and shall have .compatible gaskets. The containers shall comply with the U.S. Department of Transportation or the Interstate Con~nerce Commission regulations, as applicable. 5.2 Marking All containers of material shall be labeled showing State specification number manufacturers name, date of manufacture and manufacturers batch number. The manufacturer shall be responsible for proper shipping labels as outlined in Code of Federal Regulations, Hazardous Materials and Regulations Board, Reference 49 CFR. D21:5101d.29 -29- JL:lh Asphaltic emulsion Inductive Loop Sealant ~ :8040-41A-15 6.0 NOR'ES 6.1 Directions for Use Saw cuts shall be blown clean with compressed air to remove excess water and debris. The sealant must be thoroughly stirred before use and hand poured into the slots. Due to the sand content of this material, pumping is not recommended. Any clean up of road surface or tools can be done with water, before the sealant sets. 6.2 Patents The Contractor shall assume all costs arising fran the use of patented materials, equipment, devices, or processes used on or incorporated in the work, and agrees to indemnify and save harmless the State of California, and its duly authorized representatives, from all suits at law or action of every nature for, or on account of, the use of any patented materials, equip~m~ent, devices or processes. 6.3 Certificate of Compliance The manufacturer shall furnish a Certif icate of Compliance with each batch of sealant, in accordance with the provision of Section 6-1.07 of California Department of Transportation Standard Specifications, January 1981. D21:51016.30 -30- JL:lh PROPOSAL FOR TRAFFIC SIC~IAL MODIFICATION ~ S'IOCI~DALE HIGHWAY AT RIO BRAVO DRIVE . To the City Clerk of the City of Bakersfield: The undersigned, as bidder, declares that the only rsons or arti interested in this pro sal as rinci ~ p es po p pals are those named herein; that this pro- posal is made without collusion with any other person, firm or co r ' he has carefully examined the location ~ atlon; that of the proposed work, the annexed pro- posed form of contract and the plans therein referred to; and he ro agrees if this proposal is acre ted tha p poses and p , t he will contract with the City of Bakersfield, In the prescribed form of contract hereto annexed to r v' necessary machine ,tools a aratu ► ,p o lde all rY , pp s and other means of construction and to do all. the work and furnish all the materials in accordance with the lan cifications for the above, filed in th p s and spe- e office of the Finance Director of the City of Bakersfield and as specified in the contract, in the manner a ' therein prescribed and accordin ~ nd time g,to the requirements of the Engineer as therein set forth, and that he will take In full payment therefor the unit rice lump sums set forth in the followin schedule• p s or g • The undersigned further agrees that in case of defa ' ult In executing the .required contract, with necessary. bonds, within ten X10) da s not i ' Sunday,. after Navin received n Y ► ncluding g once that the contract is ready for signature, the proceeds of the check or bid bond accompanying his bid shall bec perty of the Cit of Bakersf iel ome the pro-- . Y d. Bidder acknowledges receipt of the followin addendum: g ITEM ESTIMATED UNIT OF ITEM UNIT N0. QUANTITY - , PRICE EXTF~ISION MEASURE ~ in figures) PRICE (i. fi 2es) 1 81 ~ CY Roadway. Excavation. SIC~IED .Bidder Company A Address City State Zip Code Area Code Telephone Number License No. and Expiration Date THE REPRESIl~ITATIONS MADE HEREIN ARE MADE UNDER PENALTY OF PERJURY. D21:51016.31 Page 1 of 2 . JL.lh ITEM ESTIMATED UNIT QF ITEM _ ND• Q~JAN2ITY MI~~RE UNIT PRICE E~'I~SI4N fin figures} p~~ fin f i res } 2 45 ~S Ag a ate Ba g se Class II ~ 3 25 DNS Asphalt Concrete Tt rr~ n B ' 4 191 LF Minor Concrete "M" Median Curb 5 22 S4YD Place As hal p t Con- crete Mlsc. areas} l S~ 6 LS LS Install Traffic Signal and Lightin S stem g TOTAL . SIGNED Bidder G~npany Address Clty State Zi Code p f } Area Code Tele hone p. Number License No. and Ex iration p Date THE REPRES~ITATIONS MADE HE PERJURY. REIN ARE MADE UNDER P~IALTY OF Page 2 of 2 _ D21.51016.32 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 Extension Price column for the item shall be used to determine the correct Unit . Price in accordance with the following: (1) As to lump sum items, the amount set forth in the Extension Price column shall be the Unit Price. (2) As to unit basis items, the amount set forth in the Extension Price column shall be divided by the estimated quantity for ~-.he item and the price thus obtained shall be the Unit Price. LIST OF SUB~CO!!Pt'RACTORS All persons or parties submitting a bid proposal on the project shall con~lete o the following form, setting forth the name and the location of the mill, shop or office of each sl,ibcontractor 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 THOUS DOLILARS ($10,000), whichever is greater, and the- , portion of the work which will be done~by each subcontractor. This list is to be completed and submitted with said bid proposal. Subcontractor's Name Description of portion and Street Address ~Cit , State, Zi ) o€ work subcontracted attach additional sheets if needed) If this proposal is accepted and the undersigned fails to execute the aforesaid contract and to provide surety bonds and evidence of insurance acceptable to the City as is required within eight (8) days, not including Saturdays, Sundays and legal holidays, after the bidder receives notice from the City that the contract is ready for signature, the City may, at .its option, determine that the bidder has abandoned the bid proposal.. and the bidder's security shall be forfeited and shall beccmme the property of the City. City, shall then be free to accept the bid of another bidder. a D21:51016.33 -33- JL:lh [This form shall be canpleted by all Bidders and submitted w~th the Bid] TRAFFIC SIC~IAL MODIFICATION ~ STOCKIaALE HIGHLY AT RIO BRAVO DRIVE ~Y NONCOLLUSION AFFIDAVIT TO BE EXECI.~I'ED 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 C~x~~~nY 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, or anization, or corporation; that the bid is genuine and not collusive or sham; g 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 bider has not in an manner, directly or indirectly, sought by agreement, cammounica,tion, 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; and, further, that the bidder has not, directly or indirect) ,submitted his or he-r bid price or any breakdown thereof, or the Y .contents thereof, or divulged information or data relative thereto, or paid, and will not ,any fee to any corporation, partnership, co~mmpany, association, ICY 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 r. D21;51016.34 -34- Accompanying this proposal is (NOTICE: Insert the words "cash "cashier's check," "certified check," or "bidder's bond," as the case may bed, in amount equal to at least ten percent of the total of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IN1PO~rANT NOfTICE 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 nano 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. • . • • • • • • • • • • • • • • • • • • • • • • . • • • • • . • • • • • • . • • • • • • • • • • • • • • • • • • i • • • • • • • • . • • • • • . • • Licensed in accordance with an act providing for the registration of Contractor's .License No. S • • • • • • • • • • • • • • • • • • • • . • • . • . • • • . • • 1~i1iW Signature of Bidder NOrI'E--If bidder is a corporation, the legal r,am~e of .the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a copartnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the c~~partnership; and if bidder is an individual, his signature shall be placed above. If - si tore is by an agent, other than an officer of a. corporation or a 9~ m~aber of a partnership, a Pawner of Att~~rney must be on file with the city Clerk of the City of Bakersfield prior to opening bids or sui~aitted'with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. Business Address Telephone No Place of Residence 4 . Dated 19..... D21:51016.35 -35- { BIDDER'S 90ND T~0 ACOOMPANY PF~fJP~~AL (Not necessary if cash or certified check is with bid) KNOW ALL MEN BY T~3ESE PRESENTS: A That we as principal, and as surety, are held and firmly bound unto the City of Bakersf field, a body politic and corporate of the State of California, in the sum of dollars to be id to said City, for which payments, well and truly to be made; we bind pa ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally by these presents. _ THE C:ONDITI~1 of THIS OBLIGATI~1 IS SUCH: That if the certain proposal, hereunto annexed, to construct in the City of Bakersfield as referred to in the NOTICE TO CTORS attached hereto,- is accepted by the Council of said City and if the ax~TRA above bounden rinci 1, heirs, executors, administrators, successors and p ~ assi s shall dul enter into and execute a contract, to construct said gn , Y ' roven~ents aforementioned, and shall execute and deliver the two bonds it d b law within ten da s (not including Sunday) from the date of a notice requ e y , y to the above bounden rincipal, that said contract is ready for execution, then P ' li ation shall become null and void, otherwise it shall be and remain in this ob g full force and effect. IN WI~l~ESS ~IEREOF, we have hereunto set our hands and seals this day of , 19 (Seal} (Seal) (Seal) D21:5101b.36 Page 1 of 2 JL:lh STATE OF CALIFORNIA ) ss. CO1:)N'I'Y OF ) On this day of 19......, before me, a notary public in and for the County of State of California, personally appeared % / personally knawn to me / /proved to me on the basis of ~ ~ satisfactory evidence to be the person whose name is subscribed to the within instarument 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 WHEREOF I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public in and for said County and State s D21: 51016 , 37 Page 2 of 2 JL: lh GUARANTEE TRAFFIC SIB EQUIP~~iENT CITY OF B~~KERSFIELD Department of Public Works 1501 Truxtun Avenue, Annex Building Bakersfield, California 93301 In accordance with the terms of Contract No. for: TRAFFIC SIB MODIFICATION ON STOCKI~LE HIGHLY 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 equipment installed pursuant to said contract, except lighting elements, prove defective or should the system as a whole prove defective, due to faulty workmanship, material furnished, or method of installa- tion, or should said system or any part. thereof fail to operate properly, as lanned, due to any of the above causes, all within (1) year after date on which p . d a ees to reimburse the said contract is accepted by the Clty, the underslgne gr Cit , u n demand, for its expenses incurred in restoring said systems to the Y po condition contemplated in said contract, including the cost of any equipment or materials replaced, or, upon demand by the City, to replace any such equipment and 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 conanence to be furnished and installed within Twenty-Four (24) hours of the date specified in the City's written notification. Contractor shall prosecute with due diligence to complete the work within a reasonable period of time, as specified in the. City's written notification. Said system will be deemed defective within the meaning of this guar- antee in the event that they fail to operate as originally intended by the manu- _ facturers thereof and in accordance with the plans and specifications included in said contract. Date Contractor's Signature Firm Address D21:51016.38 -38= JL:lh GUARANTEE MATERIAL AND WgR1E~ANSHIP 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 STOCKUALE 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 existin traffic si nal and modif icatic.;s to an existin median q , island and other facilities and under which contract the undersi ed has ins 9n talled such facilities, the following guarantee of the said facilities is hereby made; When the project is completed and accepted, we guarantee the same to be free from imperfect workmanship and/or materials, and we agree to repair and/or replace at our awn 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 nand cons4ruction project, ordinary wear and .tear or neglect excepted. We also agree to repair and/or replace, at our awn 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 bein notified in g writing by the City or .the City's representative or the a en g t of either of them, of any defects in said work or materials, we agree. to cor~nence 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 Cit 's representative, and shall be enfor y ceable by either of them. IaATED Contractor's Name Authorized Signature D21:51016.39 -39- JL:lh HOLD H~~RMI,ESS AG~EMENT CITY OF ~~RSFIELD IT IS HEREBY AGREED th at ~ indemnif an a Y d hold harmless the Ci grees to tY of Bakersfield, its other persons a agents, employees or an galnst loss or expense inclu Y ding attorneys fees liability i sed b ~ by reason of the ~ Y law upon the Cit , y' except In cases of the C. negligence, for lama a Ity'S sole g because of bodil in ` y Ju'~Y, Including death resulting therefrom, sus at any tirr~ tained by any per~n or persons, or on accoun to property arisin out t °f damage g of or in consequence of agreement n arrt~ IT IS FI~~THER - MoD AND ~"~EED that . o tion the Contractor shall P of the City, defend (at the the City of Bakersf ie ' ld W1th appropriate shall further bear all counsel and costs and expenses, inclu ' ding the expense of the defense of an su counsel, in Y it arising hereunto.. IaATED Contractor's ~a~ Authorized Si na 9 tore ~51~1~,,~{~ _Q~ JL: lh CONTRACT N0. TRAFFIC SIC~IAL MODIFICATION ON STOCKLIALE HIC~Y AT RIO BRAVO DRIVE THIS AGREF~!~ENT, made and entered into on , by and between the CITY OF B~~KERSFIELD, a municipal corporation, herinafter called "City," and ,hereinafter called "Contractor"; WITt~ESSETH: V~HEREAS, City has duly advert~.sed for sealed proposals for within the City of Bakersfield. On ,the contract was awarded to Contractor upon his properly executed bid; and ~iERhAS, one of the conditions of said award required a formal contract to be executed by and between City and Contractor. NC~W, '~~,REFORE, it is mutually agreed by and between the parties hereto. as f of laws ARTICLE I Contractor agrees to furnish supplies, equipment, labor and materials for , within the City of Bakersfield. ARTICLE II The following shall be deemed to be part of this contract as if fully set forth herein: 1. ~lotice 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 (if required by Specifications) DZ 1:51016.41 =1- JL: lh IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. CITY OF ~~KERSFIELD $Y Mayor (N~~ME OF CONTRACTOR} By Contractor a APPRpVED AS TO FORM: By City Attorney C(~fJN'TERSIC~IED: By Finance Director ESCROW AGREEI+'IENT FOR SECURITY DEPOSITS I~1 LIEU OF RETENTIO[~1 THIS ESCROW AGREE!!~ENT is made and entered into by and between CITY OF BAKERSFIELD, a municipal corporation, hereinafter called "owner," whose address is and hereinafter called "Contractor", whose address is and hereinafter called "Escrow A " gent , whose address is _ For the consideration hereinafter set forth, the owner, Contractor, and Escrow Agent agree as follows: 1. Pursuant to Section 4590 of Chapter 13 of Division 5 of Titled of the Government Code of the State of California, Contractor has the o tion to deposit securities with Escrow A n p • ge t as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract e ntered into between the Owner and Contractor for in the amount of dated here' t inaf ter referred to as the "Contract"). When Contractor deposits the securities as a substitu to for Contract earnings., the Escrow Agent shall notify the Owner within ten (10) da s of the deposit. The market value of the securi y ties at the time of the substitution shall be at least equal to the cash amount then requ-fired to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the-name of and shall designate the Contractor as the beneficial owner. 2. The Owner shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments ursuant to the Contract rovisions rovided p p ~ p that the Escrow Agent hold securities in the form . and amount sped f ied above . 3. Alternatively, the Owner may make payments directl to Escrow A nt in the amount of retention for the ~ y ~ benefit of the Owner until such time as the escrow created hereunder is terminated. D21:51016.43 -1- ~ JL:lh 4. Contractor shall be responsible for paying all fees for 'the expenses incurred by Escrow Agent in administering the escrow account. These ex nses and payment terms shall be determined by the Contractor and Escrow Pe Agent. ~ , 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from Owner to the Escrow Agent that owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven (7) days' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately .convert the securities to cash and shall distribute the cash as instructed by the Owner. 8. Upon receipt of written notification from the Owner certifying that the Contract is final and complete,. and that the Contractor has canplied - .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 in~m~ediately 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 a Name Name Signature Signature Address Address s 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 WITlJESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. Owner Contractor Title Title Name S i ature Signature 9n D21:51016.45 -3- JL:lh FAITHFUL PERFORMANCE BOND ~1pW ALL MEN BY 'THESE PRESENTS, THAT, WHEREAS, the CITY of B~'~KERSFIELD, California, a municipal corporation, reinafter designated the "Owner," has. on 19 he awarded to a ration or anized and doing business under and by virtue of the laws of the corpo g , e of California, hereinafter designated as the "Principal," a contract Stat r the modifications to an existin traffic si al and modifications to an f• existin median island; and WHERf~AS, said Principal is required under the terms of said contract h a bond for the faithful performance of said contract: to furnis NCJh1, AFORE, WE, the Principal, and as Surety, are held and firmly bound unto the Owner in the sum of (100 OF AMOUNT AWi~RDED AT CtxJNCIL MEETING) wf 1 mone of the United States, for the payment of which sum,,well and truly la u Y ~ tors administrators, and to be made, we bind ourselves, our heirs, execu , successors, jointly and severally, firmly by these presents. F THIS OBLIGATION IS SUCH, that if the above mentioned THE CONDITION 0 'nci 1 his or its heirs, executors, administrators, successors, or assigns, Pri pa , , shall in all things stand to and abide by, and well and truly keep and, faithfull rform the covenants, conditions, and agreements in the 3ald Y Pe contract and any alterations made as therein provided, on his or their part, to ke t and rformed at the time and in the manner therein specified, and in ~ p ~ in and shall indemnif and all respects according to their true intent and mean g, Y save harmless., the Owner, its officers and agents as therein stipulated, then bli ation shall become null and void; otherwise it shall be and .remain in this o g full force and virtue and Principal and Surety, in the event suit is brought on this bond, will pay to the Owner such reasonable attorney's fees as shall be .fixed by the court. a condition recedent to the satisfactory completion of the said As p contract, the above obligation in the said amount shall hold good for a period of one (1) ear after the completion and acceptance of the said work, during Y which time if the above mentioned Principal, his or .its heirs, executors, administrators, successors, or assigns shall fail to make full, complete, and satisfacto re it and replacements or totally protect the said Owner from loss ~ ~ ear Pram the date of of damage made evident during said. period of one y _ ce tance of said work, and resulting .from or caused by defective materials ac p and or fault workmanship in the prosecution of the work done, the above / Y obligation in the said amount shall remain in full force and effect. However, an thin in this agraph to the contrary notwithstanding, the obligation of Y g Pte' the Suret hereunder shall continue so long as any obligation of the Principal Y remains. D21:51016.46 Page 1 of 2 JL:lh 1 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 - accanpanyirig the same shall, in any way, affect its obligations on this-bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of .the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2945 of the Civil Code of the State of California. As a part of the obligation secured hereby and in addition to the amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Owner in successfully enforcing such obligation, all to be taxed as costs and included. in any judgement rendered. IN WITNESS WHEREOF, the above mentioned parties have executed this .instrument under their seals this day of ,the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Principal By• Seal) ~ Signature for Principal Title Surety By• Seal) Signature for Surety Title tAttach notarization form for each required signature.) Page 2 of 2 D21:51016.47~ -47- MATERIAL -LABOR BOND i~1(7h1 ALL NlEN BY THESE PRESENTS, THAT, WHEREAS, the CITY OF FIELD Count of Kern, State of California, hereinafter designated the BAKI~RS ► Y "owner," has, on .(DATE OF COUNCIL MEETING} ,awarded to (N~~ME OF CONTRACTOR) hereinafter designated as the "Principal," a contract for the construction of TRAFFIC SIG~~IAL MODIFICATION ON STOCKI~ALE HIGHLY AT RIO BRAVO DRIVE WHEREAS, said Principal is required to furnish a bond in connection and with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to ~be done, or for any work or labor done, thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth: NaW, THEREFORE, WE, the Principal, and (LEAVE BI~~NK FOR BONDING COMPANY) , as Surety, are held and firmly bound unto the Owner the nal sum of (50$ OF A1!~OUNT AWi~RDED AT C(XJNCIL MEETING) dollars ~ - }lawful money of the United States, for the payment of which spun well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall fail to .pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for any amount due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts due., or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, as required by the provisions of Chapter III, Division V, Title I of the Government Code of the State of California, or with respect to any work or labor for which a bond is re fired b the rovisions of Sections 3247 through 3252 of the Civil L ~ Y p or Code of the State of California, and provided that the persons, c~les, co rations so furnishing said materials, provisions, or other supplies, ~ ~ ce of the work appliances, or power use, in, upon, for, or .about the perforn~an contracted to be executed or performed, or any person who performs work or labor upon same, or any .person who .supplies both work and materials, thereto, shall have complied with the provisions of said Civil Code, then said Surety will pay. the sams in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit brought upon this bond, such reasonable attorney's fees to the Owner as shall be fixed by the court. D21:5101b.48 1 JL:~ 's bond shall inure to the benefit of the Owners and any and all Thl anies and co rations and their respective assigns entitled to persons, cep ► includin , but not limited to, file claims under applicable State law, g i n to em or ' 'vii Code Section ~181► so as to glue a right of act o th California C1 n this bond. their assigns in any suit brought upo ' uret for value received, hereby stipulates and agrees And the said S Y► ~ addition of the terms of the that no change, extension of time, alteration, or , e work to be rformed thereunder or the specifications contract or to th its obli atlons of this bond, cc n ing the same shall, In any way, affect 9 , a y n tice of an change, extension of time, alteration, or and it does hereby waive o Y o the s cifications. 'tion to the terms of the contract or to the work or t pe adds waives the rovisions of Sections 2819 and 2845 of the Civil Said Surety hereby ,P Code of the State of California. ~T~SS ~EREpF► the above bounded parties have executed this IN under their seals this day of _ 19 instrument co rate seal of each corporate party being hereto aff lxed and the name and rpo , resents dui signed by its undersigned representative, pursuant to these p Y authority of its governing body. a Principal (Seal) Si ature for Principal Title Surety (Seal) ' ure for 5uret Title Signat Y • lOlb.49 2 ~ D21.5