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HomeMy WebLinkAbout1990 Special Provisions Project 51017COPY N0. CITY OF 'BAK1~tSF IELD CALIFORNIA NOTICE TO CONTRACTORS SPDCIAL PROVISIONS BID PROPOSAL AND CO1vTRACT F~ MEDIAN MODIFICATIONS ON TRU;~7l'UN AVENUE AND INSTALLATION § § OF TRAFFIC S IC~1AL SYSTEM ON COMMEI~ IAL V~►Y AT TRU;~7~UN AVENUE § § § § BID OPENING: MATE Januar~i 19 1990 § § TIME 2:00 P.M. N0. 51017 4F ESSl~i w~ F ~ ~ DEP CCU" PUBLIC WI~ZKS . ~ U2 CITY tio. 316 ~ IELD ~xP ~ S 1501 TRU;~7~UN AVEENUE ~z-3 ~ •R ~ IELD, CA 93301 Telephone: (805 326-3724 ~o~ ~f CR~L~ 121489 D14:51017 N r- ' N N r... w w w 2 N w Z w O ~ s w U ~ w ~ N C~ ~ ~ N ~ I N r- zo ~ L.l..l ~ N _ ~ ~ w / W ~ N ~ J ~ z w w N E-- ~ W w N _U Q w' n w C~ . W `y w -.J N ~ ~ J ~ W 'Q ~ ~ w QD ~ ,',J N ~ W Z L w M} Z <C ~ ~ N ? W ~ c0 N F-- ~ N E-- W W~ Q ~ ~ N W Q r~j cv f:~ ~ d- r~ N Z w ~ N r- I . 1 « W W a W ~ ~ N r- ~UW ~ ~ ~ U? ? W ~ d' r I ~z ~ m z ~o UW Q U N p j U Ca I- ~ W ~ I-- Q ~ ~ ~~o ~~oazzwwww'`~~~ ~ z° ~U~~° °oooww w U oo z~ °QOQ> Z U ~ ~ N ~ ~ ~ ~ 00 L~ U ~ (n U J ~  AuDE~~ No. 1 January 5,1990 PJEt~1ECT: Median Modifications on T~ruxtun Avenue ' of Traffic ~ Installation Signal System on Commercial Way at - T:ruxtun Avenue . BID OP]E~1ING DATE ; Janu,~y 19 ~ 19 9 0 _ 2:00 Fri NOTICE ~ ALL CONTRACTORS BIDDING THIS WORK You are hereby notified of the follow' ,additions to ~ and/or the plans and speclflcations. Such ch es additions are hereb made a ~ and,/or Y part of the plans and s~?eclfications and shall t~~ke precedence over an ' contrary therein. Y~~ to the A REVISION: PLANS 1) The Conductor Schedule on Shee t 2 of the Plans is replaced with the attached Conductor Schedule. 2) The conduit-for the detector loo s on conduit no.12 p G~rra~ercial Way is . NOTE: All Contractors.bidd' ~ this work shall denote in their sal they have received Addendum No. ' P .that revis' 1 ~ blds shall reflect these ions. APPROVED BY w Ste .Walker . Traffic Darlene Wisham ~ Purchas' Offi irlg cer PAGE 1 of 1 t . :i; ;;°i . ;'`;~b;~ i t CITY OF D BA~~IELD ,.-EPARTM ENT OF PUBLIC .TIC E WORKS ~ SEA T O C O N _a the ICED PROpOSA T R A C T Purchasin LS will be ~ R S until 2:0 ~ g Officer, Ci reCelVed b r • 0 o clOC ty Hall Y the Ci lmmediatel k P,M, On 1501 Trux ty Of Bake , Y therea fto Janua I9 tun Avenue rsf1eld at ~ r, for the f 1990 to , Bakers flee the Office °llowin w be publlcl d, CallfOrn. ~ ~ g °rk • opened an i a MEDIAN MO dread D~ ICATIONS SIGNAL ON TRUXTUN SYS OIV C AVENUE AND O~RC IAL INSTAL~TI ~Y AT ~ oN OF TRAFF pia U'~:'UN AVE IC obt ns ands NUE alned at the peclflcat1Ons Z ER °f f i ce ° f ~ and forms ~ mad ~ O the PurChas, °f proposa e,pr0vided ~0- ing Office l'.b0nds~ within t the plans a )for each r by p°stin and C°ntract g . en ~ l ° ~ da s nd Speclf ica ~ CO~lete se g a ref undable ' maY be ood cOnditiOn, y from date t10ns are t, Refund depOSlt ° q of bid ° returned tO of depOSi t f peeing and the the purchas• well be ~ NO bid d°c~ents ar Ing Of f iCer the purcha Well ~ Cons' e In reaSOnab PRO sing Office .Idered unle le VISIONS of r, which a ss it Is under Se ~ the protect pars here' ~ ode °n a r S ~ Ction 2, 'and Is ma In Immediat p °I~sal form , peCificatio PrOp°Sal Re de In acco elY follow. furnished with ns• Each b• ~irements rdance with ing the Sp by ~ the require id must be and Conde t , the provi DIAL Specsficati meets ° f art accOmpan1ed Ions ° f the sloes Set fO Ons, i#le 2_l, by a pro Standard rth 07 of the s sal guara aid Sect10n ntef~ In acCO ar 1'he CI tY of 2 °f the S rdance e required on d r Bakersf1el tandard the entire w eServes the , ork describe. right tO re , Substitut. d herein. Ject any Or permitted ion of Secur . all bids • $ . Eli ib pursuant tO lt1es for ids g le Securit, the provisi moneys reta, of Credit, 0 1es include ons and re ~ Ined t0 ensur Bake ~ r any oth interest quirements O e perfo rsf1eld, er Securi bearing de f GOVer rmanCe shall submi tte The reques tY agreed t end depOSi went Code 45g be ,don -the t, for subst ° by .the Co t acCOUnts ~tent10n" form entit itut1On o ntractor ' standb 1 Included i led «EscrOw f Securit1e and the Cit y etters n the back O f agreement fO s to be de s , Y of The these s r Securit p° ited shall . C-10 COntractO pecial provis. Y Dsposits i be C-l2, and C r must posses Ions, n Lieu Of awarded • lass C_34 C s a valid C °n trac tor's lass A or License at C~ination o The the time t ~ f Class C-g S c~ work con his contraC pe IflcatiOns templated s t Is Agee Of the ~ hall be d0 , CY, dated Jams parent o ne in acco arY, iggg ~ f Transport rdance with Insofar as atlOn, Busin the Standar Pursuant the saw ma ess and Tra d et seq,~ the to part ~ O Y apply, nspOrtation worker Contractor f DiviS1On S on this shall not 2 °f the Ca . Industrial protect as ,paY less th lifornla La Relations, determined an the pre bor Code °pen f °r ins ~ The Dire , by the Dir vailln9 ra (Section 17 Truxtun pectlOn at ctor s sche ector Of Ca 20 th to °f wages Avenue, B e City of B dole of lI fornla De to akersf1eld akersf1el prevailing ra partment o California d, Dspartme tes Is on f. f nt ° f public Ile and D14; 51017.1 Works, 1501 -I- vv•WLn i 1 ;I ' GI~AL ~s~ RIPTIpN ~ WORK The work to ~ perf ormed co ' nslsts, in general signal and li ht. , of install g ing system. Modi atl°n °f traffic flcations to ~ , than islands. r £i C ITy pF BA~~ I ELD EDC~ W. sc publi ~ c Works Director D14.51017.2 _2_ GG•wrn I I CITY OF BAKERSF IELD, CALIF ORNIA DEPARTMENT OF PUBLIC wOR KS SPDCIAL PROVISIONS SECTION 1 - DEF I NITIONS AND T1~tMS ~ 1-1.01 wi ~~L• This work embra • th the Standard Specifics ' ced herein shall be done ' Transportatio dons entitled "State of Ca ' in accordance n, Standard Specification llfornia, Department of insofar as the saw ~ s► January 1988, as refer Y apply, which specifications ended herein, as the Standard Specif icati are hereinafter r ons, and in accordance with eferred to provisions, the followin 9 special In case of conflict betwee special provisions the n the Standard Specification special provisions shall t sand these in lieu of such conf lictin ake precedence over g portions, and be used ' it 1-1.0 2 DEFINITIONS AND ~ Def Initions and n T1~tMS' All definitions Terms, of the Standard S and terms in Section 1 whenever the foil pecifications sh ' owing terms or pronouns ar all apply, except be as follows: a used, the intent and meaning shall CItY City of Bakersfi • e1d, California. Department of Tr the City of g~ ansportatlon, CALT~~ANS -The En ' , ersf field, gineering Department of Director - C i t En ' Y gineer. Engineer -The Cit En i authorized a nts Y g Weer, acting either direc ~ ,such agents actin with' tly or through properl entrusted to them. g In the scope of the arti Y p cular duties Laboratory -The desi materials and work ,grated laboratory authorized Involved in the contras by the CItY to test t. Standard Specif icati Transportation, Bus' °ns -Standard Specifications o mess and Transportation f the Department of AgencY~ dated Janus , 1988 S ~ fate -The C I ty of Bakersf ' fie ld. State Contract Act - ~ . The provisions ~ Chapter 1, Division 2 of of this act do not a 1 the Public Contract Cam, pp y to this contract, Other terms appearin in provisions, and the g the Standard Specification special provisions, shall h s, the general specified in Section 1, ~ f ave the intent and ' Inition of Terms of the Stands meaning rd Specifications. D14:51017.3 _3_ GG•wrn SECTION 2. PROPOSAL REQUIREMENTS 2-1.01 GEN] RAL II~ORN~TION. The Purchasing Officer of the C i t of Bakersfield, California, will receive at her of f i Y ce, City Hall, 1501 Truxtun Avenue, in said City, until 2 o'clock P.M, on Janua 19, 1990 se proposals for ~le~ TRAF'F IC SIGNAL SYSTEM ON COMMERCIAL WAY AT TRUXTUN AVENUE 2-1.02 APPROX:tMATE ESTIMATE. The Engineer's estimate of the quantities of work to be done and materials to be furnished area roxima being given as a basis for th ~ ~ pp to only, e comparison of bids, and the City of Bakersfield does not expressly or by implication agree that the actual amount of work wil correspond therewith but r 1 eserves 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 ~INATION OF PLANS, SPDCIF~ICATIONS, SPDCIAL PROVISIONS AND SITE OF WORK. The bidder is required to examine carefu 11 the site of work proposal, laps ands cifi Y ' the p pe cations, 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 s cifications special rovisions and ~ ' the p , the contract. It is mutually agreed that the submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. 2-1.04 REJECTION OF PROPOSALS CONTAINING ALTERATIONS ERASURES OR IRREGULARITIES. ' Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternativ e bids, incomplete bids, erasures or irregularities of any kind. Proposals. in which the rices obviousl are unbalanced ma be rejected. p Y Y ~ The .right is reserved to reject any and all proposals and waive an irregularity. Y 2-1.05 PROPOSAL FORM. All ro sals must be mad p ~ e upon blank forms to be obtained from -the Purchasing Officer, the farm of which a ars herein immediately followin theses ci p~ g , pe al provisions. All proposals must give the prices proposed, both in writing and figures, and must be si ed b th ' with his address. If th ~ Y e bidder, e proposal is made by an individual, his name, telephone number and post office address must be shown. If made b a firm or artnershi the name and st office addres Y p p' ~ s 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, secreta and treasur ' ry er. D14:51017.4 _4_ wrn I 2-1.06 BIDDER'S G E. All bids shall be re cover and shall be ac p sented under sealed co anied b a • 'h mp y Proposal C~iaranty made a able to the Ci p Y ty of i Bakersfield, for an amount equal to at least ten percent (10~ of the said bid } amount of ~ ,and no bid shall be considered unless such Proposal C~arant is enclosed therewith, y 2-1,07 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS, Each ro sal shall have listed therein the name and a~ r p ~ d ess of each Subcontractor to whom the bidder proposes to subcontract portions of the work in the amount of rcent of his to 1/2 of one I~ tai bid or $10,000, whichever is greater, in accordance with the Subletting and Subcontracting Fair Practices Act, commencin with Secti the Public Contract Code g on 4100 of The bidder's attention is invited to other provisions of said Act related to the in~osition of penalties for a failure to ' provisions b usin observe its Y g unauthorized subcontractors or by making unauthorized substitutions. A sheet for listing the Subcontractors, as required herein, is included in the Proposal. Bidders are cautioned that this listing requirement is in addition t the requiren~nt to provide a list of DBE Subcontra o ctors after the opening of the proposals for projects utilizing Federal funds. 2-1.08 OMISSIONS IN SPDCIFICATIONS AND DRAWINGS, ' Any materials or work mentioned in the specifications and not shown on the drawin s or sh the drawings and not mentioned in the g own on specifications shall be of the same effect as if shown or mentioned in both, Omissions from the drawings or the s cifica i ' Y, details of w ~ , ~ tons of the materials or ork which are manifestly or obviously necessary to car out the intent of the drawin s and s cificati ~ ~ • g pe ons or which are customarily furnished or performed, shall not relieve the Contractor of his res nsibilit for f ' such omitted materials or p° Y urnlshing performing such omitted work; but shall be furnished or performed as if fully shown or described in the drawin s ' g or specifications. 2-1.09 WITI3DRAV~L OF PROPC~ALS. Any bid may be withdrawn at an ti prior to the time fixed in the ublic notice for Y ~ for h P the opening of bids by request t e withdrawal of the bid filed with the Purchasing De artment. The re shall be executed b the bidder ~ p quest Y or his duly authorized representative. The withdrawal of a bid does not prejudice the ri ht of the bidder ' Whether or not bids g to f ile a new bid. are opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after that time nor ma an ' withdrawn after the time ~ Y y bid be fixed in the public notice for the opening of bids. 2-1.10 PUBLIC OPEfi1ING OF PROPOSALS, Proposals will be o ned and r publicly at the time and lace in ' ~ ~ ead p dlcated in the nNotice to Contractors." Bidders or their authorized agents are invited to be present. 2-1.11 RELIEF OF BIDD~~RS, Attention is directed to the rovisions of Public Contract Code Sections 5100 to 510 ~ p 7, inclusive, concerning relief of bidders and in particular to the requirement therein that if th ' e bidder claims a mistake was made in his bid, the bidder shall ive the De artmen wr' ' within 5 da s after th g p t itten notice Y e opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred, D14:51017,5 _5_ , GG. wrn Public Contract Code Section 10285.1 (Chapter 376, Stats, 1985) provides as follows: Any state agency may suspend, f or a period of up to three years from the date of conviction, any person from bidding upon, or being awarded, a public works or services contract with the agency under this part or from being a subcontractor at any tier upon the contract, if that person, or any partner, number, officer, director, responsible managing officer, or responsible managing employee thereof , has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Section 1101, with any public entity, as defined in Section 1100, including for the purposes of this article, the Regents of the University of California or the Trustees of the California State University. A state agency may determine the eligibility of any person to enter into a contract under this article by requiring the person to submit a statement under penalty of perjury declaring that neither the person nor any subcontractor to be engaged by the person has been convicted of any of the offenses referred to in this section within the preceding three years.. A form for the statement required by Section 10285.1 is included in the proposal. 2-1.12 DIS~~LIE ICATION OF BIDDERS. More than one proposal from an individual, firm, partnership, corporation, or combination thereof under the same or different nar~s will not be considered, Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which such individual, firm, partnership, corporation or combination thereof is interested. If there is reason for believing that collusion exists among the bidders any or all proposals may be rejected. Proposals in which the prices obviously are unbalanced may be rejected. D14:51017.6 -6- SDCTION 3. AWARD AND EXECUTION OF~CONTRACT 3-1.01 GENERAL. The award of the contract, if it be awarded, will be to the lowest responsible bidder. The language "responsible" refers to not only the attribute of trustworthiness, but also to the quality, fitness and capacity of low bidder to satisfactorily perform the proposed work. 3-1.02 ACRD OF CONTRACT. The award of the contract, if it be awarded, will be made within forty-five (45) days after the opening of the proposals unless extension is approved by the lowest responsible bidder. 3-1.0 3 C0~~ITRACT BOND6 . The Contractor sha 11 furnish two good and sufficient bonds. One of the said bonds shall guarantee the faithful performance of the said contract by the Contractor and shall be in an ar~unt equal to one hundred percent (100} of the contract price. The other of the said bonds shall be in an amount of fifty percent (50~) of the contract price and shall guarantee payment to laborers., mechanics and material workers employed on the job under the contract and shall be in the amount and satisfy the requirements specified in Section 3248 of the California C ivi 1 Code. Whenever any surety or sureties on any such bonds, or on .any bonds required by law for the protection of the claims of laborers and material men, become insufficient, or the City has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that originally required, as is considered. necessary, considering the extent of the work remaining to be done. Thereafter no payment shall be made upon such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished. 3-1.04 E;KECUTION OF CONTRACT. The contract shall be signed by the successful bidder and returned, together with the contract bonds within ten (10} days, not including Sundays, after the bidder has received notice that the contract has been awarded. No proposal shall be considered binding upon the City until the execution of the contract. All contracts shall be considered as being made and entered into in the City of Bakersfield, California. Failure to execute a contract and file acceptable bonds as provided herein within .ten (10} days, not including Sundays, after the bidder has received notice that the contract has been awarded, shall be just cause for the cancellation of the award and the forfeiture of the proposal guaranty. 3-1.05 RETURN OF BIDDER'S G ES. 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 wi 11 be returned to the respective bidders whose proposals they accompany. D14:51017.7 -7- GG:wrn SECTION 4 - BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIII~TED IY~MAGES 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,n of the Standard Specifications, and is specifically hereby made apart of these special provisions, The first paragraph of Section 8-1.03, "Beginning of Work," of the Standard Specifications, is amended to read: The Contractor shall begin work within fifteen X15) 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 sarr~ to completion before the expiration of 40 working days. Contract working days will commence from the date the Contractor begins work or the 15th calendar day from the date of the written notice to proceed, whichever comes first. The Contractor shall pay to the City of Bakersfield the sum of $ 250.00 per day for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above. Full compensation for conforming to the requirements of above paragraph shall be considered as included in the prices paid for the various items of work and no additional allowance will be made therefor. The Contractor shall furnish the Engineer with a staten~nt from the vendor that the order for the electrical materials required for this contract has been received and accepted by said vendor, and said statement shall be furnished within fifteen (15) calendar days from the date of the contract. Said statement shall show the date or dates the electrical materials will be shipped. No work shall begin on the project without prior written approval of the Engineer until all components necessary for operation of the signal system are on hand. The Contractor will be granted an extension of time and will not be assessed with liquidated damages or the cost of engineering and inspection for any portion of the delay in completion of the work caused by manufacturing time should approval be given to begin prior to delivery of all signal system components. The .number of days extension shall be the working days between the date as determined according to Special Provisions, Article 4-1.01, and the date of receipt of all components as determined by the Engineer. Upon receipt of all components, the Contractor shall notify the Engineer in writing and the Engineer will order start of work in writing. D14:51017.8 -8- GG:wrn SECTION 5. GENERAL 5-1.01 STATE COl~1TRACT 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 agreementj. 5-1.02 ALTERATION IN Q1;~NTITY OF WORK. Increases in work totaling more than ten percent (10~} of the contract amount shall be processed as a change order subject to approval by the City. 5-1.03 CC)NTROL OF WORK. Control of work shall conform to the provisions in Section 5, "CONTROL OF WORK," of the Standard Specifications and these special provisions, Section 5-1.02 "Plans and Working Drawings", of the Standard Specifications is amended by adding the following paragraph after the fourth paragraph: Working drawings or plans for any structure not included in the plans furnished by the Engineer shall be approved by the Engineer before any r work involving these plans shall be performed, unless approval is waived in writing by the Engineer. Section 5-1.07 "Lines and Grades" of the Standard Specifications is amended by adding the following paragraph after the first paragraph: Three consecutive points shown on the same rate of slope must be used in comamon, in order to detect any variation from a straight grade, and in case any such discrepancy exists, it must be,reported to the Engineer. If such a discrepancy is not reported to the Engineer, the Contractor, shall be responsible for any error in the finished work. The second paragraph in Section 5-1.07, "Lines and Grades" of the Standard Specifications is amended to read: When the Contractor requires such stakes or marks, he shall notify the Engineer of his requirements in writing a reasonable length of time in advance of starting operations that require such stakes or marks. In no event, shall a notice of less than 24 hours be considered a reasonable length of time , Section 5-1.08, "Inspection" of the Standard Specifications is amended by adding the following paragraph after the first paragraph: Whenever the Contractor varies the period during which work is carried on each day, he shall give due notice to the Engineer, so that proper inspection may be provided. Any work done in the absence of the Engineer will be subject to rejection. D14:51017.9 -g- ~;wrn 5-1.04 P]~EVAILING V~GES. Pursuant to Chapter 1 of Part 7 of Division 2 of the Labor Code (commencing with Section 1720), Contractor agrees that in performing said work, by himself or through any subcontractor, eight hours' labor shall be a day's work and forty hours' labor shall be a week's work, and that Contractor shall keep an accurate record showing the nano 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 Department. The schedule is incorporated herein by this reference. The City shall have the right to inspect payroll records during normal working hours and shall have the right to question workers at any time concerning the wages being paid. Contractor shall not interfere in any way with the City's right to investigate conformance with the wage provisions of this contract. Contractor shall forfeit to the City for each worker employed for each calendar day or portion thereof: a. ZWENTY-FIVE DOL]CARS ($25) pursuant to Section 1775 of the Labor Code, per worker paid less than the amount to which he is entitled under said general prevailing rate of wages; and b. TWENTY-~ IVE DOLI[~R5 ($25) pursuant to Section 1813 of the Labor Code, per worker required to work more than eight (8} hours per day or more than forty (40} hours per week, except as provided in Section 1815 of the Labor Code. 5-1.05 PAYROLL RECORD6. The fourth paragraph in Section 7-1.OlA(3), "Payroll Records," of the Standard Specifications is deleted and shall not apply to this contract. 5-1.06 LABOR NOAIDISCRIMINATION. Attention is directed to Section 7-1.OlA(4), "Labor Nondiscrimination," of the Standard Specifications and these special provisions. Attention is also directed to the requirements of the California Fair Employment and Housing Act (Government Code Sections 12900 through 12996}, to the regulations promulgated by the Fair Employr~nt and Housing Commission to implement said Act, and to the nondiscrimination, affirmative action and equal employment opportunity requirements in the special provisions. 5-1.07 APPRENTICES. The Contractor's attention is directed to Article 7-1.OlA (5) , "Apprentices, " of the Standard Specifications. All Contractors and Subcontractors shall comply with the provisions of Labor Code Sections, 1777.5, 1777.6, and 1777.7 relating to the employment of apprentices. D14:51017.10 -10- GG:wrn I~f the Contractor does not have a union contract which provides for apprentices, the Contractor and all Subcontractors shall submit one of the following: 1. A copy of a "Request for an Application for a Certif icate of Approval to Employ and Train Apprentices on Public Works." This request shall be submitted to the local Department of Industrial Relations-, Division of Apprenticeship Standards on the Contractor's and each Subcontractor's letterhead or Form PW 1, enclosed with these specifications. 2. A copy of an approval to employ and train apprentices from the local Department of Industrial Relations, Division of Apprenticeship Standards. 3. ~ Proof of a Collective Bargaining Agreement with the Joint Apprenticeship Committee providing for apprentices. One of the above shall be submitted by the low bidder to the City of Bakersfield Purchasing Division, within two ~2) working days following the bid opening. 5-1.08 TJEt~TCH SAFETY. The Contractor shall comply with Section 6705 of the Labor Code which provides that the Contractor's responsibility shall be as follows: If the contract price for the project includes an expenditure in excess of TWENTY-FIVE THOUSAND DOLLARS ~ $25, 000 ~ for excavation of any trench or trenches five feet or more in depth, the Contractor or his Subcontractor shall not begin any trench excavation unless a detailed plan, showing the design of shoring, bracing, sloping or other provisions to be made for worker protection during the excavation of the trench, has been submitted by the Contractor to the City Engineer and the detailed plans has been approved by the City Engineer. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a Registered Civil or Structural Engineer. Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders of the Division of Industrial Safety. ,Nothing in this section shall be construed to impose tort liability on the awarding body or any of its employees. The terms "Public Works" and "Awarding Body," as used in this section, shall have. the same meaning as in Labor Code Sections 1720. and 1722 respectively. 5-1.09 SOUND CONTROL REQUIREMENTS. Sound control shall conform to the provisions in Section 7-1.OlI, "Sound Control Requirements," of the Standard Specifications and these special provisions. D14:51017.11 -11- GG:wrn The noise leve 1 from the Contractor's operations, between the hours of 9:00 P.M. and 6:00 A.M., shall not exceed 86 d?~A at a distance of 50 feet. This i 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 equipn~nt on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor, The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personne 1. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. 5-1.10 PERMITS AND LICENSES. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work from any and all governmental organization which require such permits, licenses or fees. The Contractor shall procure a business license in the City of Bakersfield. 5-1.11 WORKING HOURS. Contractor shall limit his field working hours from ?:00 A.M, to 4:30 P.M. Any deviations must be requested and in writing and directed to the Construction Engineer at the Pre-Job Conference. Written approval from the Construction Engineer is required for work beyond these limits. Any time work .proceeds beyond the time limits or on holidays or weekends, the Contractor will be charged for all associated overtime charges and said charges may be withheld from contract retention. 5-1.12 LAWS TO BE OBSERVED. The Contractor shall keep himself fully informed of all existing and future State and National laws and all n~anicipal 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 CON'TRACTOR'S INSUIR~~NCE. The Contractor shall not commence work under this contract until he has obtained all insurance required under this section and the required certificates of insurance have been filed with and approved by the City Risk Manager and the Public Works Department, nor shall the Contractor allow any Subcontractor to commence work on his subcontract until said certificates of insurance have been filed and approved by the City Risk Manager and the Public Works Department. Contractor shall be responsible for any deductibles under all required insurance policies. 5-1.13A HOLD H~~RMLESS. The Contractor shall save, hold harmless and indemnify the City, its officers, agents, employees and volunteers from all claims, demands, damages, judgments, costs or expenses in law or equity that may at any time arise from or related to any work performed by the Contractor, his agents, employees or subcontractors under the terms of this agreement and shall execute and return with the executed contract documents and bonds the nHold Harmless Agreen~nt," a copy of which is attached hereto. D14:51017.12 -12- GG:wrn 5-1.138 INSUIR~~NCE. In addition to any other form of insurance or bond required under the terms of this agreement and specifications, the y Contractor shall procure and maintain for the duration of this agreement the following types and limits of insurance: Autorrr~bile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million ($1,000,000) per occurrence; and The automobile liability policies shall provide coverage for awned, non-awned and hired autos. General liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million ($1,000,000) per occurrence. The liability policies shall provide contractual liability coverage for the terms of this agreement. The liability policies shall contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers; workers' compensation with statutory limits and employer's liability insurance with limits of not less than one million ($1, 000, 000 } per accident. a The workers' compensation policy shall contain a waiver of subrogation endorsen~nt in favor of the City, its mayor, counc i 1, officers, agents, employees and volunteers. A11 policies required of the Contractor hereunder shall be primary insurance as respects the City, its mayor, counci 1, 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 unti 1 all work required to be perf owned under the terms of this agreement is satisfactorily completed as evidenced by formal acceptance by the City. D14: 51017 .~13 -13- GG: wrn City; but such forefeiture will not release the contractor or his sureties from liability or failure to fulfill the contract. The Contractor and his sureties wi 11 be credited with the amount of money so forfeited toward any excess of cost H over and above the contract price, arising from the suspension of the operations of the contract and the completion of the work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion as determined by the Engineer have been paid. In the determination of the question whether there has been any such non-compliance with the contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the contract. 5-1.19 TEMPORARY SUSPENSION OF WI~RK. The Engineer shall have the authority to suspend the work wholly or in part, for such period as he may deem necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as he may deem necessary, due to the failure on the part of the Contractor to carry out orders given, or to perform any provisions of the work. The Contractor shall immediately obey such order of the Engineer and shall not resume the work until ordered in writing by the Engineer. 5-1,20 PAYMENTS. Attention is directed to Sections 9-1.06, "Partial Payments," and 9-1.07, "Payment After Acceptance," of-the Standard Specifications and these special provisions. No partial payment will be made for any materials on hand which are furnished but not incorporated in the work. 5-1.21 FINAL PAYMENT. In addition to the conditions, provisions, and requirements of Article 9-1.O7B, "Final Payment and Claims," of the Standard Spec~if ications, 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. D14:51017.14 -14- GG:wrn 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 con~letion of claim review. Aboard or person designated by said Director will review such claims and make written recommendation thereon. The City Engineer shall, after the completion of the contract, make a final estimate of the amount of work done thereunder, and the value of such work, and the City shall pay the entire sum so found to be due after deductin g therefrom all previous payments and all amounts to be kept and all amounts to be retained, under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. The final payment shall not be due and payable until the expiration of thirty (30) days from the date the "NOTICE OiF COMPLETION" is recorded at the County Recorder's Office and after execution and return by the Contractor of the attached E when applicable. It is mutually agreed between the parties to the contract that no certificate given or payments made under the contract exce t the final p certificate or final payment, shall be conclusive evidence of the performance of the contract, either wholly or in part, against any claim of the. party of the first part, and no payment shall be construed to be an acceptance of any defective work or improper materials. And the Contractor further agrees that the payment of the final amount due under the contract, and the adjustment and payment for any work done in accordance with any alterations of the same, shall release the City, the City Council, and the Engineer from any and all claims or liability on account of work performed under the contract or any alteration thereof. 5-1.22 II~RIASED OR DDCREASED Q1;~N'TITIES. The word ~"compensation" in the following paragraphs of the Standard Specifications is re laced with the p words "unit price": Third paragraph of Section 18-1.05, "PAYMENT". Third paragraph of Section 24-1.08, "PAYMENT". Second paragraph of Section 36-1.07, "PAYMENT". Tenth paragraph of Section 39-8.02, "PAYMENT". 5-1,23 HAZARDOUS MATERIALS. The Contractor shall be held responsible for his workers and subcontractor's well-being and their education of handling hazardous materials when hazardous materials are encountered during this project. D14:51017.15 -15- GG:wrn . SECTION 6. COOL OF~MATERIALS 6-1.01 Gl~1ERAL. Control of materials shall conform to the provisions in Section 6, "Control of Materials," of the Standard Specifications and these special provisions. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before delivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the contractor or producer of all materials to be used in the work, for testing or examination as desired by the Engineer. All tests of materials furnished by the contractor shall be made in accordance with commonly recognized standards of national organizations, and such special methods and tests as are prescribed in the specifications. 6-1.02 BORRCJW, DISPOSAL AND MATERIAL SITES. The operation of any . borrow or disposal sites used by the Contractor to produce or dispose of material for this project shall comply with the requirements in the Standard Specifications and these special provisions. All provisions for water pollution, and sound control that apply within the limits of the contract shall apply to all borrow or disposal sites utilized by the Contractor. Upon completion of the work, all such sites and haul roads shall be graded and treated so that, at the time of final inspection of the contract, they will drain, will blend with surrounding terrain, and will have a potential as a source of blowing dust or other pollution which is no greater than when in their original condition. If the Contractor obtains necessary permits for borrow, disposal or material sites from the authority having jurisdiction or from the appropriate pollution control boards and such permits contain requirements which conflict with the requirements in the first and second paragraphs of this section, the requirements of the permits shall govern overthe conflicting requirements of this section provided the permit requirements have been approved by the Engineer, Full compensation for complying with the requirements for borrow, disposal and material sites in this section shall be considered as included in the contract prices paid for the items of work which require the use of the sites and no additional compensation will be allowed therefor. 6-1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section 6-1.07, "Certificates of Compliance, " of the Standard Specifications, the Engineer may permit the use of certain materials or assemblies, prior to sampling and testing, if accompanied by a Certif icate of Compliance. Dl 4:51017.16 -16- wrn SECTION 7. CONSTRUCTION DETAILS SECTION 7-1 GENERAL 7-1.01 ORDER OF WORK. Order of work shall conform to the provisions in Section 5-1.05, "Order of Work," of the Standard Specifications and these special provisions. ,All striping removal shall be completed,a minimum of 2 days prior to signal being placed Into operation. .Pavement delineation shall be replaced by temporary delineation before opening the traveled way to public traffic. Temporary delineation shall consist of reflective traffic line tape applied in pieces not less than 4 inches long nor less than 4 inches wide spaced no more than 10 feet apart on curve nor more than 20 feet apart on tangents. Reflective traffic line tape shall be applied in accordance with the manufacturer's instructions. Temporary delineation shall be the same color as the permanent delineation. Full compensation for temporary delineation shall be considered as included in the prices paid for the contract items of ,work that obliterated the existing delineation and no separate payment will be made therefor. When initially installed, all vehicle and pedestrian signal faces shall be aimed and covered with cardboard or other material with an observation hole Amax. 1" dia.) in front of each signal indication. The covers shall remain in place until all signal operations have been checked and signal is placed into operation. l" Prior to commencement of the traffic signal functional tests, all items of work related to the signal control shall be completed and all signs ,w shall be in place. D14:51017.17 -17- 7-1.02 OBSTRUCTIONS. Attention is directed to Section 8-1.10, "Utility and Non-Highway Facilities," of the Standard Specifications, the Tans, p and the special provisions. . The Contractor will be required to work around public utility facilities and other improvements that are to remain in place within the construction area or that are to be relocated and relocation operations have not been completed. In accordance with the provisions of Article 7-l.ll, "Preservation of Property," and 7-1.12, "Responsibility for Damage," of the Standard Specifications, the Contractor will be liable to owners of such facilities and improvements for any damage or interference with service resulting from conducting his operations. The exact location of underground facilities and improvements within the construction area shall be ascertained by the Contractor before using equipment that may damage such facilities or interfere with the services. other forces may be engaged in moving or removing utility facilities or other improvements or maintaining services or utilities. The Contractor shall cooperate with such forces and conduct his operations in such a manner as to avoid any unnecessary delay or hindrance to the work being perf owned by other such forces. Any delay to the Contractor due to utility relocation whether or not the utility is shown or correctly located on the-plans will not be compensated for as idle time. However, additional contract time commensurate with such delays may be allowed. . At locations where irrigation systems exist, the Engineer will direct the Contractor as to what steps will be required to protect the irrigation system and the area it serves. The Contractor shall replace the irrigation system as directed by the Engineer. Existing land subdivision monuments and stakes shall~be fully protected from damage or displacement and they shall not be disturbed unless directed by the Engineer. Attention is directed to the fact that nuisance water may be present at~ all times along the project. It will be the responsibility of the Contractor to provide for handling of said water and any expense involved shall be considered as included in the prices paid for the various items of work and no additional allowance will be made therefor. .Except in the,case of extra work, full compensation for conforming to the requiren~nts of this article shall be considered as included in the prices paid for the various items of work and no additional compensation will be made therefor. D14:51017.18 -18- GG:wrn 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 requiren~nts set forth in the current "Manual of Traffic Controls -Warning Signs, Lights, and Devices for Use in Performance of Work Upon Highways," published by the State of California, Department of Transportation. Application and use of devices shall be as specified and as directed by the Engineer. The Contractor shall keep the Bakersfield Fire Department informed at all times as to the exact location and progress of the work and shall notify them immediately of any streets impassable for fire fighting equiprn~nt. The sixteenth .and nineteenth paragraphs of Section 7-1.08, "Public Convenience," of the Standard Specifications, shall be amended to read as follows: Construction operations requiring lane closures shall be actively in progress only between the hours of *(8:30AM - 4:OOPM), Monday through Friday. Where construction operations are actively in progress, a minimum of one traffic lane, not less than twelve feet in width, shall be open for use by public traffic. There construction operations are not actively in progress, not less than two such lanes shall be open for use by public traffic. Public traffic may be permitted to use the shoulders and, if half-width construction methods are used, may also be permitted to use the side of the roadbed opposite to the one under construction. ~No additional compensation will be allowed for arty shaping of shoulders necessary for the accommodation of public traffic thereon during paving operations. In order to expedite the passage of public traffic through or around the work and where ordered by the Engineer, the Contractor shall, at his own expense, furnish, install and maintain construction area signs, lights, flares, temporary railing (Type K), barricades, and other facilities for the sole convenience and direction of public traffic. Also, where .directed by the Engineer, the Contractor shall furnish competent flagmen whose sole duties shall consist of directing the movement of public traffic through or around the work. When deemed necessary by the City, the signs "Road Construction Ahead," No. C-18, and "End Construction," No. C-13, shall be furnished, installed and maintained by the Contractor at locations as directed by the Engineer at least 48 hours in advance of any construction. The Contractor shall report all accidents to the Engineer. PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the prices paid for various items of work and no additional allowance will be made therefor, D14:51017.19 -19- GG:wrn 7-1.04 EXISTING HItY FACILITIES. The work performed in connection with various existing facilities shall conform to the rovisions ' p in Section 15, "Existing Highway Facilities," of the Standard Specifications and these special provisions. Existing City highway signs and street markers shall remain the property of the City, Such signs and street markers shall be relocated and maintained during construction so as to convey the same intent that existed prior to construction. Existing City highway signs and street markers shall be placed in their permanent position by the Contractor's forces prior to completion of construction. Signs removed from the project area shall be delivered to the City Corporation Yard at 4101 Truxtun Avenue. PAY!!~ENT. Full compensation for conforming to the requirements of the two preceeding paragraphs shall be considered as included in the prices paid for the various items of work and no additional allowance will be made therefor. 7-1.05 REMOVE AND SALVAGE SIGNS. Existing roadside signs shall be removed and salvaged in accordance with the appropriate provisions in Section 15, "Existing Facilities," of the Standard Specifications, the plans and these special provisions. MEASUREMENT AND PAYMENT. Quantities of remove and salvage signs shall be paid for at the contract unit price each. 7-1.06 RELOCATE R~DSIDE SIGNS (GSP Post). .Existing road signs shall be removed and relocated in accordance with the appropriate provisions in Section 15, nExisting Facilities," of the Standard Specifications, the plans and these special provisions. MEASU]~,MENT AND PAYMENT. Quantities of relocate roadside signs (GSP Posts) shall be paid for at the contract unit price each. l . D14:51017.20 -20- GG:wrn 7-1,07 SAWCUT ASPHALT CONCRETE 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 is to adjacent asphalt concrete, which is to remain in place, will not occur during excavation operations. The Contractor shall conduct his operations so us 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. D14:51017.21 -21- GG:wrn 7-1.08 REMOVE TRAFFIC STRIPES AND PAVJEMENT N~~RKINGS. Traffic stripes and pavement markings to be removed will be~as shown on plans and as designated by the Engineer. a Traffic stripes and pavement markings shall be removed to the fullest extent possible from the pavement by any method that does not materially damage the surface or texture of the pavement or surfacing. There blast cleaning is used for the removal of painted traffic stripes and pavement markings, the area shall be shielded so that no material from the blasting operation is allowed to enter the area that is-open to public traffic. Sand or other material deposited on the pavement as a result of removing traffic stripes and markings shall be removed as the work progresses. Accumulations of sand or other material which might interfere with drainage or might constitute a hazard to traffic will not be permitted. Traffic stripes shall be removed before any change is made in the traffic pattern. Blast cleaning for removal of traffic stripes shall be feathered out to irregular and varying widths. Pavement markings shall be removed by blast cleaning a rectangular area, rather than just lettering or markings, so the old n~ssage cannot be identified. After removal of traffic stripes and pavement markings, a fog seal coat shall be applied in conformance with the provisions in Section 37, "Bituminous Seals," of the Standard Specifications and the following: In traffic stripe removal areas, the fog seal coat shall be applied over the traffic stripe removal-area and to irregular and varying widths with an average width of 2 feet on each side of the blast cleaned traffic stripe removal area. In pavement marking removal areas, the fog seal coat shall be applied to the blast cleaned rectangular area. Full compensation for furnishing and applying fog seal coat as speci- fied herein shall be considered as included in the contract price paid per square foot for removal of traffic stripe and pavement marking and no separate payment will be made therefor. Nothing in these special provisions shall relieve the Contractor from his responsibilities as provided in Section 7-1.09, "Public Safety," of the Standard Specifications. D14:51017.22 -22- GG:wrn MEAS ~ AND PAYMENT, Quantities of ~ , ~ be determined b the wi traffic stripe removed will Y dth of the stripe plus 0.67-foot multi lied b of the stripe, The space between double ~ ~ p Y the length traffic stripes will be measured as g painted traffic stripe, Quantities of avemen ' determined b the a p t markings removed will be Y ctual size of the rectangle measured ins are fee ~ t. Removing of traffic stri s wi 11 be ' per s .are foot ~ paid for at the contract unit price ~ for the actual area of authorized stri remov pe a , The contract unit price per square foot as remov r marking shall include full co e traffic striping and mpensation for furnishing all labor, materials tools, equipment, signs and for Join all work nec r stripin as shown on g essary for removing existing 9 plan and as directed by the Engineer. 7-1'09 REMOVE CONCRETE Removin concrete provisions in Sections 15 ~ ~ g shall conform to the G " - Existing Highway Facilities," 16, "Clearin and rubbing, and 19 1.04, Removal and Dis sal of g the Standard S cifica ' p° Buried Man-Made Objects," of pe bons and these special provisions, Concrete removed shall be disposed of in accordan ' provisions in Section 7-1.13 "Di ce with the Wa " of ! ,sposal of Material Outside the Highway Ri ht of Y, the Standard Specifications. g MEASUI~;MENT AND PAYMENT. Removing concrete will be for as roadway excavation. measured and paid 7-1.10 CLEARING AND GRUBBING. Clearin and to the provisions in Section 1 ~ g, ~~grubbing shall conform 6, .Clearing and Grubbing, of the Standard Specifications and these special provisions. v Clearing and grubbing shall be limited to affected b the lann those areas actually Y p ed construction as directed by the En ineer, g 7-1,11 DUST CO~~1'ROL. I t sha 1 ~ - 1 be the Contractor s responsibilit to prevent a dust nuisance from originatin from th Y result of his o rations g e site of the work as a Ae , or the traveling public, during the effective ri of this contract. Preventative measures to be ~ ~ include but shall n taken by the Contractor shall of be limited to ;the following: 1. Water shall be applied to all un aved ar ' prevent the sur p eas as required to face from becoming dry enough. to rmit dust formation. ~ 2, Paved surfaces over which vehicular traff' ' trave 1 shall be ke t fre is is permitted to p e of dirt. Temporary suspension of the work, either as a res Engineer, or as a result of co ult of order by the nditions beyond the control of the Contractor shall not relieve the Contractor from his res n ' ' forth herein, po sibility for dust control as set PAY~KENT, Full compensation for confo rming to the requirements of this article shall be considered as included in the ' prices paid for the various contract items of work and no additional co nsation w' ~ ill be allowed therefor, D14:51017, 23 -23- GG:wrn _ ?-1.12 EARTHWORK. Earthwork shall conform to the provisions in Section 19, "Earthwork," of the Standard S cifications and theses ci 1 . ~ ~ a provisions. Section 4-1.05. "Use of Materials Found on the Work," of the Standard Specifications shall be an~nded to read as follows: Unless designated as selected material as provided in Section 19-2.07, "Selected Material," the Contractor, with the approval of the Engineer, may use in the proposed construction such stone, gravel, sand or other material suitable in the opinion of the Engineer as may be found in excavation. The Contractor will be paid for the excava- tion of such materials at the contract price for such. excavation, but he shall replace at his expense with other suitable material all of that portion of the material so removed and used which was contem- plated for use in the work. The Contractor shall not excavate or remove any material from within the highway location that is not within the excavation, as indicated by the slope and grade lines, without written authorization from the Engineer. It is anticipated that there will be 25 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 Backf i 11, " of the Standard Specifications is deleted and shall not apply to this contract. The relative compaction limits specified in the second ara ra h of p 9 p Section 19-5.03 "Relative Compaction (95 Percent)," of the Standard Specifications are amended to the limits shown on the plans and t ical cross- Yp 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) yammer and 18" (457mm) drop, Calif. Test Methods 216 or 231. The subgrade must be smooth, uniform and true to the required grade. In areas where existing bituminous surfacing is to be placed in embankments within 2.0 feet of the finished grade or where embankment is to be placed over existing bituminous surfacing within 2.0 feet of finished grade (except within medians), the surfacing shall be broken that no lu s reater than ~ g 3" in maximum dimension remain. D14:51017.24 -24- GG:wrn . Imported borrow must be clean and free from vegetable matter and other deleterious substances and must conform to the f ' ollowing requirements: Individual Moving Tests Test Method Test Results Avera e Sand Eq vlvi alent 217 18 min. 20 ' n, Resistance 301 ' 40 min. (R-Value) The R-Value requirements will be waived provided the imported borrow has a sand equivalent value of 25 or more. In addition to the above requirements, material located in the u r 0.5 foot below the shoulder surf ace sha 11 hav p~ e a suitable gradation to produce a firm and stable surface. MEASUI~EEMENT AND PAYN~NT. Imported borrow wi 11 be measured by the cubic yard and the quantity to be paid for will be computed in the followin 9 manner: (1) The total quantity of embankment will be computed by the method specified for roadway excavation in Section 19-2,08, "Measurement," of the Standard Specifications on the basis of the planned or the authorized cross-section for embankment as shown on the plans and the measured ground surface. (2) The quantities of roadway excavation structure ex ' cavation, and a_ ditch excavation, shall be used in the embankment,, and will be adjusted by multiplying by a specified radin factor of 0.85. g g No.further adjustment will be made in the event that the s ci- fied radin factor does ~ g g not. equal the actual grading factor, (3) The final pay quantity of i rted borrow shown n o the plans was determined by deducting the adjusted quantities of excavation from the total embankment quantity and then adding a quantit of approximatel 85 cubic Y Y yards for the anticipated effect of ° subsidence and shrinkage due to compaction. No adjustment will be made in the event that the antici ated subsidence and shrinks e does not ~ p g equal the actual subsidence and shrinkage. The estimated quantity of roadway excavation and in~orted borrow shall be a final pay quantity in conformance with Section 9-1,015 "FINAL PAY CITIES" of the standard specifications. 7-1.13 FINISHING RQ~I7~1AY, Finishing roadway shall conform to the provisions in Section 22, "Finishing Roadwa of the Standard S ' Y pecif ications and these special provisions. ~In addition to the conditions, provisions and requirements of Section 22-1,01, 'Description," of the Standard Specifications, the followin shall apply ~ g The Contractor shall remove, from all affected areas wheth ' _ , er inside or outside the project limits, all excess and/or objectionable material D14:51017,25 -25- ~;~n : originating within the project limits and transported by public traffic or by the Contractor's operations. tt The Contractor may use any method, approved by the Engineer, that does not create a dust problem to remove the excess and/or objectionable material from the affected areas. However, in residential areas, when a broom is used, a self-contained, pick-up type, power broom with water distribution system shall be used. PAYMENT. The first paragraph in Section 22-1.03, "Payment," of the Standard Specifications, is amended to read: Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in finishing the entire project, including all ramps, connecting roads and streets, frontage roads, road approaches, and channelized intersections, whether inside or outside the highway right of way, and all other areas, whether inside or outside the project limits, affected by public traffic or by the Contractor's operations, all as shown on the plans, and as specified in the Standard Specifications and these special provisions, and as directed by the Engineer, shall be considered as included in various items of work and no additional compensation will be made therefor. 7-1.14 AGGREC~TE BASE. Aggregate base shall be Class 2 and shall conform to the provisions in Section 26, "Aggregate Bases," of the Standard Specifications and these special provisions. Aggregate base .shall be compacted to 95~ relative compaction. ~j 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 wi 11 be calculated from the dimensions shown on the plans, adjusted by the amount of any change ordered by the Engineer. 7-1.15 ASPHALT CONCRI~TE. 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 'pipe B aspha It concrete sha 11 conform to the, requirements for 1/2 inch maximoum, medium grading and aggregate for any lower layers of Type B asphalt concrete shall conform to the requirements for 3/4 inch maxirr~m, tedium 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. D14:51017.26 -26- GG:wrn Paving joints shall match stripe locations. Aggregate for asphalt concrete dikes shall conform to the 3/8 inch max- imum grading as specified in Section 39-2.02 "Aggregate," of the Standard Specifications.. I f the finished surf ace of the asphalt concrete does not meet the spe- cified surface tolerances, it shall be brought within tolerance by either (1) abrasive grinding with equipment utilizing diamond blades (with fog seal coat on the areas which have been ground), (2) removal and replacement, or C3) placing an overlay of asphalt concrete. The method will be selected by the ngineer. The corrective work shall be at the Contractor's expense. If used, the Fog Seal Coat shall be either .Asphalt Rejuvenating Agent or Asphaltic Enailsion as directed by the Engineer. If abrasive grinding is used to bring the finished surface to speci- fied surface tolerances, additional grinding shall be performed as necessary to extend .the area ground in each lateral direction so that the lateral limits of grinding are at a constant offset from, and parallel to the nearest lane line or pavement edge, and in each longitudinal direction so that the grinding begins and ends at lines normal to the paven~nt centerline, within any ground area. All ground areas shall be neat rectangular areas of uniform surface appearance. Abrasive grinding shall conform to the requirements in the first paragraph and the last 4 paragraphs in Section 42-2.02, "Construction," of the Standard Specifications. Where the compacted thickness is 0.15 foot or less, halfwidth surfac- ing operations shall be conducted in such a manner that, at the end of each day's work, the distance between the ends of adjacent surfaced lanes shall not be greater than can be completed in the following day of normal surfacing opera- tions. Additional asphalt concrete shall be placed along the transverse edge at the ends of each lane, hand raked, and compacted to form temporary conforms. Kraft paper, or other approved bond breaker, may be placed under the conforms to facilitate the removal of the conforms when paving operations resume. Where the compacted thickness is more than 0.15 foot, the Contractor shall schedule his paving operations such that each layer of asphalt concrete is placed on all contiguous lanes of a traveled way each work shift. At the end of each work shift, the. distance between the ends of the layers of asphalt concrete on adjacent lanes shall not be greater than 10 feet. Additional asphalt con- . Crete shall be placed along the transverse edge at the ends of each lane and along the exposed longitudinal edges between adjacent lanes, hand raked, and compacted to form temporary conforms. Kraft paper, or other approved bond breaker, may be placed under the conform feathers to facilitate the removal of the feathers when paving operations resume, The area to which paint binder has been applied shall be closed to public traffic. Care shall be taken to avoid tracking binder material onto existing pavement surfaces beyond the limits of construction. A prime coat will not be required on subgrade prior to placement of asphalt concrete, Intersections and tapered shoulders shall be surfaced as directed by the Engineer. At road connections and private drives, shown on the plans and as directed by the Engineer, additional asphalt concrete surfacing material shall D14:51017.27 -27- GG:wrn be placed and hand raked, if necessary, and compacted to form smooth, tapered connections. Where new asphalt concrete pavement is to conform to existing paved _ surfaces, the existing pavement shall be saw cut. The miscellaneous areas to be paid for at the contract price per square yard for place asphalt concrete (miscellaneous area) in addition to the prices paid for the materials involved shall be limited~to median islands and driveways. The quantity per square yard shall be a final pay quantity in con- formance with Section 9-1.015 "FINAL PAY QUANTITIES" of the standard specifi- cations. 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 recor~nendations and these special provisions. The rate of application shall be 4 ounces of active chemical per 100 square yards. Asphalt concrete shall be placed over the treated subgrade within 2 hours of chemical application when air temperature is higher than 50° F. At air temperatures lower than 50° F., asphalt concrete shall be placed on treated subgrade within 10 hours of che- mical application. Should "wettable powder" type chemical be used, a suitable fugitive. dye shall be incorporated in the mixture so that coverage and spread rate may be verified. Full compensation for chemically treating soil as specified in this section will be considered as included in the contract price paid per square yard for place asphalt concrete (miscellaneous area) . 7-1.16 RQ~DSIDE SIC~1S. Roadside signs shall conform to the provisions in Section 56-2, "Roadside Signs," of the Standard Specifications and these special provisions. Miscellaneous roadside si s shall conform to City Standard TS-4. Where sign posts are placed within concrete sidewalk the sidewalk shall be core drilled. Roto hammering or other similar methods will be permitted provided that the perimeter of the damaged area is sawcut to the limits required to form a neat finish as directed by the Engineer. MEASUI~ENIENT AND PAYMENT. Miscellaneous roadside signs shall be pa i d 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). 7-1.17 OVERHEAD SIGNS. Overhead signs shall conform to the applicable pro lv'sions in Section 56, "Signs," of the Standard Specifications and these special provisions. Mast-arm hangers for street name signs will be furnished and installed by the City. Street Warne signs wi 11 be furnished and installed by City of Bakersfield using mast-arm hanger methods such as Hawkins MlOJ Series swinging sign bracket, with return spring removed, or acceptable equal. Overhead .signs installed on signal poles, mast-arms or on D14:51017.28 -28- GG:wrn flashing beacon mast-arm shall be furnished and installed by the Contractor in accordance with the plans and these special provisions. Compensation for overhead signs shall be considered included in the respective contract lump sum price or prices for signal, flashing beacon, or combination thereof . 7-1.18 PEDESTRIAN BARRICADES. Pedestrian barricades shall conform to the provisions in Section 56, "Signs", of the Standard Specifications, the plans and these special provisions. MEASU]~~MENT AND PAYMENT. Pedestrian barricades wi 11 be paid for at the contract unit price each in accordance with Section 56-2.05, "Measurement" and 56-2.06, "Payment", of the Standard Specifications. 7-1.19 MISCEL~NEOUS CONCRETE CONSTRUCTION. Portland cement concrete curbs, sidewalks, wheelchair ramps, cross drains, drive approaches, driveways and miscellaneous construction shall conform to the provisions in Section 73, "Concrete Curbs and Sidewalk," of the Standard Specifications and these special provisions. MEASU]~EMENT AND PAYMENT. Quantities of minor concrete (median curb) , 'l~rpe M-1 or M-2 shall be paid for at the contract price per linear foot. Construction of concrete nose at end of median island shall be considered as included in the price paid per linear foot of minor concrete (median curb) and no additional compensation will be allowed therefor. Quantities of minor concrete (1 foot curb) , shall be paid for at the contract price per linear foot. Construction of transition from 1' curb to M-1 or M-2 median curb shall be considered as included in the price paid per linear foot of minor concrete (1 foot curb) and no additional compensation will be allowed therefor. t5 D14:51017.29 -29- 7-1.20 TRAFFIC DELINEATION. Immediately after resurfacing operations or when directed by the En ineer re lace all obli r g p to ated pavement delineation with temporary delineation during the same work period, and in no a case later than 7:30 a.m, following such work period. Temporary delineation consists of reflective traffic line tape applied in pieces not less than 4 inches long nor less than 4 inches wide, spaced no more than 20 feet apart on tangents and no more than 10 feet apart on curves, Apply reflective traffic line tape in accordance with the manufacturer's instructions. Temporary delineation must be the same color as the permanent delineation. Remove temporary delineation applied to asphalt concrete patches immediately prior to applying asphaltic emulsion tackcoat for asphalt concrete overlay. A striping plan wi 11 be made available to the Contractor when traffic delineation is to be n~dif ied by the City. PAYMENT. Full compensation for traffic delineation shall be considered as included in the prices paid for the various items of work, and no separate payment will be made therefor. SDCTION 7-2 TRAFFIC SIGNALS AND LIG~iTING 7-2.01 FOUNII~TIONS. 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 564 pounds of cement per cubic yard. 7-2.02 CONDUIT. Conduit shall conform to .the provisions in Section 86-2.05, "Conduit," of the Standard Specifications and theses cial rovisions. 1~ p Insulated bonding bushings will be required on metal conduit. Conduit shall be bored under existing street pavement unless open trenching is allowed by. the Engineer due to poor soil conditions or other circumstances. 7-2.03 PULL BOXES. Pull boxes shall conform to the provisions in Section 86-2.06, "Pull Boxes," of the Standard Specifications and these special provisions. Recesses for suspension of ballasts will not be required. 7-2.04 CONDUCTORS AND WIRING. Conductors and wiring shall conform to D14: 51017.30 -30_ GG: wr.n the provisions in Section 86-2.08, "Conductors," and Section 86-2.09, "Wiring," of the Standard Specifications and these special provisions. z COI~~C,ICTORS -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, brown black stripe and white black stripe. 28 Conductor cable consisting of 1 No. 10 conductor colored white and 27 No. 14 conductors colored as indicated in the following conductor table for a single ring operation. COh1DUCTOR TABLE Insulation Colors Signal Phase Circuit or Function Base Stri 2 & 6 Red, Yellow, Brown ~ Black Vehicle 4 & 8 Red, Yellow, Brown Orange Signals 1 & 5 Red, Yellow, Brown Silver 3 & 7 Red, Yellow, Brown Pu le 2p & 6p Red, Brown 2 Black Pedestrian 4p & 8p Red, Brown 2 Orange Signals lp & 5p Red, Brown 2 Silver _ 3 & 7p Red, Brown 2 Purple 2p & 6p Blue Black .Pedestrian 4p & 8p Blue Orange Push Buttons lp & 5p Blue Silver 3 & 7p Blue Purple . Pedestrian Push Buttons White Black Common Si al White None Railroad Pre-e tion Black Red S are Black None The cable sheath shall be polyethylene and the conductor insulation shall be Type T~3WN polyvinyl chloride. Subparagraphs 1, 2, 4 and 5 of the first paragraph of Section 86-2.09D, Spllcing," of the Standard,Specifications are deleted. Conductors shall be spliced by the use of "C" shaped compression connectors as shown on Standard Plan ES 13. D14:51017.31 -31- Splices shall be insulated by "Method B." 7-2.05 SERVICE. Service shall conform to the provisions in Section 86-2.11, "service," of the Standard Specifications and these special provisions. Unless otherwise noted, service shall be as shown on the plans and shall be furnished with 100 amp, 240 volt, 3 pole main breaker and the following branch circuit breakers: No. s Phase Volts Branch Metered 1 6G 1 110 Traffic Signal Yes 2 30 1 110 Lighting No *3 30 1 110 F lashin Beacons Yes g * Provided where flashing beacon is included with the traffic si al. The Engineer will arrange with the serving utility to complete service connections to service points shown on the plans and will pay all required costs and fees required by the utility. 7-2.06 TESTING. Testing shall conform to the provisions in Section 86-2.14, "Testing," of the Standard Specifications and these special provisions. The signal shall not be placed in flashing mode, with signal faces uncovered, prior to Functional Testing. FUI~TIONAL TESTING. All functional testing shall conform to the provisions is Section 86-2.140 "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 SDCTION 4, "BEGINNING OF WORK, TIME COMPLETION AND LIQUI I~TED L1~MAGES" of these spe c i a 1 provisions , 7-2.07 SIC~IAL FACES AND SIGNAL HEADS. Signal faces, signal heads and auxiliary equipment, as shown on the plans, and the installation thereof, shall conform to the provisions in Section 86-4.01, "Vehicle Signal Faces," 86-4.02, "Directional Louvers," 86-4.03, "Backplates" and 86-4.06, "Signal Mounting Assemblies," of the~Standard Specifications and these special provisions. Housing, visors, directional louvers and backplates shall not be structural plastic. All lamps for traffic signal units shall be furnished by the Contractor. All signal faces shall be provided with 12-inch sections. The third sentence of the first paragraph of Section 86-4.06, "Signal Mounting Assemblies," of the Standard Specifications, shall be amended to read as follows: D14 : 51017.3 2 - 3 2- wrn Slip-fitters and terminal compartments shall be cast bronze or hot-dip galvanized ductile iron. 7-2.08 PEDESTRIAN SIGNALS. 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, 7-2.09 LUMII~IRES. Luminaires shall conform to the provisions in Section 86-6.01, "High Intensity-Discharge Luminaires," of the Standard Specifications and these special provisions. Luminaires shall be furnished with 200-watt high pressure sodium lamps and integral ballasts. An in-line fuse shall be located in the pull box. 7-2.10 PHOTOELECTRIC CONTROLS. Photoelectric controls shall conform to the provisions in Section 86-6.07, "Photoelectric Controls", of the Standard Specifications and these special provisions. Each luminaire shall be provided with a Tripe I~1 photoelectrical control. 7-2.11 CO~~TROLlLERS, CA~3INETS AND AUXILIARY EQUIPMENT. The City wi 11 furnish the controller and cabinet assembly for each location, 7-1.12 D]ET~CTORS. Detectors shall conform to the provisions in Section 86-5, Detectors," of the Standard Specifications and these special provisions. Location and layout of detector loops shall be as directed by the Engineer. INSTALLATION DETAILS: Installation and tests shall conform to the details and notes shown on the plans. Slots cut in the pavement shall be blown out and dried before installing inductive loop detectors. 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 followilg materials: 1. An elastomeric sealant conforming to the following: The sealant shall be a polyurethane material of a composition that will, within its stated shelf life, cure only in the presence of moisture. Sealant shall be suitable for use in both asphalt concrete and Portland cement concrete. D14:51017,33 -33- GG:wrn 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, minimum ASTM D 412 Die C, pulled at 20 IPM. Flex at - 40° F . - no cracks 25 mil Free Film Bend (180° ) over 1/2" Mandrel. Weathering Resistance - Slight ASTM D 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.) minimum Tensile; 400, minimum 5~ NaCl, Die C, pulled at 20 IPM. elongation Dielectric Constant - Less than ASTM D 150. 25~ change over a temperature range of -30 ° C . to 50 ° C . 2. Asphaltic Empalsion 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 paralle 1 so that optimum sensitivity is obtained at the sensor unit. Final splices between loops and lead-in cable shall not be made until the o ration 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 sang pull box, shall be spliced to a cable which shall be run from the pull box adjacent to the loop detector to a sensor unit mounted in the controller cabinet.. Splices to the cable shall be made in pull boxes only. All loop conductors for traffic counters shall terminate in a pull box or terminal strip in the traffic count station cabinet when such a cabinet is installed. Conductors for inductive loop traffic signal and traffic counting installations shall be identified and banded, in pairs, by lane, in the pu 11 box adjacent to the loops and near the termination of the conductors in the controller or traffic count station cabinet. Bands shall conform to the provisions in Section 86-2.09, "Wiring." Identification of each conductor pair shall consist of labeling the phase and detector slot number (e.g. - 6J2L, 8J8U, 3I5U, etc.) in permanent ink on a tag suitable for such purposes (Stuart Electric Ty Rap, Catalog No. TY5532 or approved equal). D14:510I7.34 -34- GG:wrn Loop detector lead-in cables shall be 'I~rpe A, as follows: 'Ripe A lead-in cable shall consist of 2 No. 12 solid copper conductors with each conductor insulated with 30 mils minimum, at any point, hig( molecular weight, heat-stabilized, colored polyethylene, conforming to the requirements of A5TM Designation: D 1248, Type I, Class B, Grade 4. The conductors shall be twisted together with at least 2. turns per foot. Non-hygroscopic fillers shall be used to form a f irm compact cylindrical core. A non-hygroscopic core tape shall be applied spirally over the core. The cable shall be provided with an outer jacket consisting of extruded, black, polyvinyl chloride conforming to ASTM Designation: D 1047. The cable shall conform to the International Municipal Signal Association's Specification: 19-1. PAY~~IENT. The contract price paid for each detector shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved for installing traffic loop detectors. If asphalt concrete surf acing 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 immediate ly below the uppermost layer. Installation details shall be as shown on the plans, except the epoxy sealant shall fill the s,ot 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-S.OlA (4), "Construction Materials," of the Standard Specifications and these special provisions. D14:51017.35 -35- GG:wrn - 8040-41A-15 STATE aF CALIFORNIA Specification Asphaltic Emoulsion 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 SPDC IF ICATIONS 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 5 cifications 1981 I~ State of California Specification 8010-X~~X-99 Inspection, Testing and Other Requirements for Protective Coatin s g Code of Federal Regulations, Hazardous Materials and Regulations Board, Ref . 49CFR. 3.0 REQUIREMENTS 3.1 Composition The composition of the loop sealant shall be a sand filled, urable, -water er~ulsif ied bitumen ~ It will be the manufacturers responsibility to produce aone-component product to meet the properties specified herein. 3.2 Characteristics of the Sealant 3.2.1 Residue by evaporation, weight percent ?0 Minimum Use ASTM D2939 3.2.2 Ash content, weight percent 50 to 65 Use ASTM D2939 050589 P'WSPEC -1- SP. STATEI M Asphaltic Emoulsion Inductive Loop Sealant 8040 41A - -15 r 3.2.3 Firm set time, hours, 4 • maximum test at one hour intervals, use ASTM D2939 3.2.4 Brookfield viscosity, Poise 50 t 0 125 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 mini m~un cast sheets 0.25 inches thick and air dry at 75 + 5°F, 50 + 10~ relative humidity for minimum of ld hours. Load rate 0.05 inches/minute, use ASTM D2523. 3.3.3 Elongation, ~ • 2.0 minimuum Same conditions as 3.3.2 use ASTM D2523 3,3.4 Slant-shear strength to concrete, psi, 150 mini mom, Use California Test Method No. 434, Part VIII. Space with no loss s damp blocks with 0.25 inches between slant faces, seal of adhesion to sides and bottom with tape and fill with the well stirred concrete sample, strike off the excess. Dry in 140°F oven to constant weight and condition 1 day at 75 + 2°F before testing. Load rate to be 5000 lbs/minute. 3.3.5 .Resistance to water • No blistering, Use ASTM D2939, Alternative B re-em~ulsif ication or loss of adhesion 3.4 Workmanship 3.4.1 The sealant shall be properly dispersed and an settlin shall be Y g easily redispersed with minimum resistance to the i s deways 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 redlspersed due to excessive settlement as described above or due to any other cause, the sealant shall be considered unfit for use . 050589 PWSPEC SP.STATE2 Asphaltic Er~roulsion 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 ASSU]R~~NCE PROVISIONS 4.1 Inspection This material shall be inspected and tested in accordance with State of California Specification 8010-X~~X-99, or as otherwise deen~d necessary. 4.2 Sampling and Testing Unless otherwise permitted by the Engineer, the material shall be sampled at the place of manufacture and application will not be permitted until the material has been approved by the Engineer. 5.0 PREPARATION FOR DELIVERY 5.1 Packaging The sealant shall be prepared in a one package system ready for application. The material shall be furnished in container size as specified in the purchase order or contract. If ordered in 5 gallon size the containers shall be new, round standard full open head with bails, shall be nonreactive with the contents, and shall have compatible gaskets. The containers shall comply with the U.S. Department of Transportation or the Interstate .Commerce Commission regulations, as applicable. 5.2 Marking All containers of material shall be labeled showing State specification number manufacturers name, date of manufacture and manufacturers batch number. The manufacturer shall be responsible for proper shipping labels as outlined in Code of Federal Regulations, Hazardous Materials and Regulations Board, Reference 49 CFR. 050589 F'~1SPEC SP. STATE3 Asphaltic Emoulsion Inductive Loop Sealant 8040-41A-15 6, 0 NOTES 6.1 Directions for Use Saw cuts ,shall be blown clean with compressed air to remove excess water and debris. The sealant must be thoroughly stirred before use and hand poured into the slots. Due to the sand content of this material, pumping is not recommended. Any clean up of road surface or tools can be done with water, before the sealant sets, 6.2 Patents The Contractor shall assume all costs arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the work, and agrees to indemnify. and save harmless the State of California, and its duly authorized representatives, from all suits at law or act ion of every nature for, or on account of , the use of any patented materials, equipment, devices or processes. 6.3 Certificate of Compliance The manufacturer shall furnish a 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. 050589 PWSPDC SP.STATE4 rnuru~~iL FOR MEDIAN MODIFICATIONS ON TRUXTUN AVENUE AND - INSTALI~TION ~F IC SILL SYSTEM ON Ct~~iME~ IAL 'GAY AT TRUXTUN AVENUE To the City .Clerk of the City of Bakersfield: The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein,• that this pro- posal i made without collusion with any other person, firm or corporation; that. he has carefully examined. the location of the proposed work, the annexed pro- posed form of contract and the plans therein referred to and he proposes and agrees if this proposal is accepted, that he will contract with the City of Bakersfield, in the prescribed form of contract hereto .annexed, to .provide all necessary machinery, tools, apparatus and. other means of construction and to do all the work and furnish all the materials in accordance with the plans. and spe- cif ications for the above, f f led in the office of the Finance Director of the City of Bakersfield and as specified in the contract, in the manner and time therein prescribed, and according to the require~~ents of the Engineer as therein set forth, and that he will take in full payn~nt therefor the unit prices or lur~D sums set forth in the following schedule: The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within ten t10} days, not including Sunday, after having receilved notice that the contract is ready for signature, the proceeds of the check or bid bond accompanying his bid shall become the pro- perty of the .City of Bakersf field. bidder acknowledges receipt of the .following addendum: ITS EsTI~TEr~ vNZT c~ I~ UNIT pRIeE E~I'ENSIQN N4~ ~I~~TITY MI~ASURE ~ in f g~ares } PRICE din fi res} 1 3 EA Remove and Salvage Signs 2 5 EA - Relocate Roadside Sign (GSP Post} e 3 1380 5F Remove stripes and Pavement M~~rk ings SID Bidder Page 1 of 3 D14:51017.36 -36- GC:wrn ~`or: MEDIAN MODTF ICATIONS ON TRU.~rUN AVENUE AND INSTALLATION C~' T]~AFF IC _ SIGNAL SYSTEM ON C~RCIAL WAY AT TRtT~JCUN AVENUE ITEM ESTIMATED UNIT CJ~' ITEM UNIT PRICE E~~SIC~N NO. t~.3ANTITY MEASURE (in figures } PRICE tin fi rest 4 40 EA Remove Pavement Markers 5 1 LS Clear and Grub 6 360 CY Roadway Excavation 7 120 CY Imported Borrow • 8 500 TONS Aggregate Base, Class 2 ~ ~ 280 TONS Asphalt. Concrete, _ 'I'~ B 10 630.. IF Asphalt concrete Dik 11 75 TONS Asphalt Concrete ~Mlscellareous Area 12 1,110 SY Asphalt. Concrete ~Ml~ce llaneous Area ) 13 - 7 EA Install Roadside Sign ~GSP Post} SIGNED Bidder Page 2 of 3 D14:51017.37 -37- GG:wrn - For: MEDIAN MODIF ICAT IONS QN TRUE AV1~fidUE AND INSTA SIGNAL SYSTEM pN CRC IAL LIATI~ ~F T]~'F IC WAY AT AVENUE ITEM ESTIMATED UNIT OF ITEM _ No. Q~~NTITY UNIT PRICE E~:I'EI~1SION tin figures } PRICE- din fi res} 14 4 EA Ins tall. Pedestrian Barricade 15 2,085 ~ , Minor Concrete - , ~~iedi an Curb) , M-l • or M-2 15 225 ~ M~.nor Concrete j 1 Foot Curb) ~ l? Lip Sum. LS Install Traffic ~s~ , Signal and Lighting S stem Total $ _ .SIGNED Bidder ,r _ _ Page 3 of 3 D14:51017,38 -38- GG•Wrn (This form .shall be completed by all Bidders and s~~b~ated with the Bid] MEDIAN MODIF icATIONS ON TRU~~JN A~E~~1E AND INSTALLATION. OF T]~AFF IC SILL SYSTEM ON c~EROIAL WAY AT TRUXTUN AVIE~JUE NO~~COLLUSION AFF Il1A~IT TO BE E;~UTED BY BIDDER AND SH#3MITTED WITH BID State of kalif©rnia } ss county of ~ being ffirst duly sworn,., deposes and Name says that he or she is of Title company the party making the foregoing bid. that the bid. is not-made in the interest of, or on behalf of, any undisclosed person, partnerships company, association, organ2ation, or corporation,. that the bid is genuine and. not collusive or sham, .:.than 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 than. anyone shall refrain from bidding; that the bidder has .not in any manner, directly or indirectly, sought by .agreement, communication, or conference with ..anyone to fix the bide-price of the bidder or any other bidder,- or to fix any overhead.,.. profit, or cost element of ~.e bid price, or of that of -any, other bidder, or to secure .any advantage against the public body awarding the contract of anyone interested in the proposed contradt; that all statements contained in the bid are true; and, further, that the. bidder has not, directly . or indirectly:, submitted his or her bid price or any breakdown. thereof, or the contents thereoff or divulged information or data relative thereto, or paid,. and will not pay., any.,fee- to any corporation, partnership, eon~any, association, organization, bid depository, or to any member or agent thereof to effectuate a col usive or sham bid. " Signature of Bidder Business Address Place of Residence Subscribed and sworn to before me this day of , 19 . D14:51017.39 -39- OO:wrn ME~IA~I MoDI~ ICATIONS oN TRUXTUN AVlE~1UE I~ND II~STALIAT~O~ TI~.FF IC SIQVAL SYSTEM (~1 C~RCIAL AT TRU;~CUN AVENUE r 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 cage of any discrepancy. between the Unit Prices} and the. respective Extension Prices} and/or the Bid Total, the: Unit. Price.{s} shall prevail, and the bid,submtted 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 i n the Extension Price column for trje tzm shall be used. to determine the correct-Unit Price in accordance with the follc~ving: t1} As to lump sum items, the amount set forth in the Extension Price column shall be the Unit Price. As to unit basis items., the amount set forth in the Extension Price colu~r~ -shall be divided by .the estimated quantity for the item and the price this obtained sha11 be the Unit Price..: LIST ~ SUSC~U7CRACT~RS A11 persons or parties submitting a bid proposal on the prejest shall complete the following form, setting forth the nay and the location of the mill, shop or office of each subcontractor who will perform work or labor or render service to the Contractor.. in or about. the construction of the work.. or mpro~rement in exce s of ore=half of one- ~ 1~ } . perc~en~ of prime Contractor's total: bid, o~ T~ S~~D DoF~G~~RS ~ $10, 4OO ~ , whichever is greater f and the portion of the. work which will be donee by each subcontractor. This list is to be corn~leted and submitted.."with said bid proposal. Subcantrae~or's N _ Description of portion and Street Address ~C it ,State, Z i } of work subcontracted attach additionalsheets 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 sha11 become the- property of the City. City shall then be free to accept the bid of another bidder.. D14:51017.39A -39A- GG:wrn tlt,'L:E)1I1~3dilYlilC~ LAlS ~LU~UShc. 1S •t••♦•,•~••.•!•••••••••i•••.~••••••~•••••••r•'•r.•••° NOTICE: Insert the words "cash ~ , . i , " "cashier's check, " "certified check," or "bidder's bond,." as the case may be), in ar~unt 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 INSPOR7~~NT NOTICE:. Lf bidder or their interested- person is a corporation, state legal nano of corporation, also names of the president, secretary, treasurer,- and manager thereof.; if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual., state first and last names in full. Licensed in accordance with an act providing for the registration of Contractor's License too. .......•i • • • • • • f • i ! • • • • i • • t • • • • • • . • • , • • • . • • , . • . • • Signature of Bidder. NorTE---If bidder is a corporation, the legal name of the corporation shall be set forth above togethar with the signature of the officer or ..officers authorized to sign cQntract~ on ,behalf of the corporation., if bidder is a copartnership r the true n~~me o~ the firm shall be, set forthabove:...t then with. the s tyre of the gna partner ar partners: authorized to sign contracts in behalf of the copartnership.; and if bidder is an individual, his signature shall be placed above. If signature is by an agent, other than an officer of a corporationor a Member of a partnership, a Ptiwer of Attorney must be on file w~ah the G ity C leek of the City of Bakersfield prior to opening bids or s~ab~.tted with the bid; otherwise,- the bid will be disregarded as irregularand unauthorized. • Business Address Telephone No. .•..ii••i••••••.•.••••f.,••••••••••.1......•11..,.....•...,..•..... Place of Residence ,.i...•....l..•..l........i•........• Dated 19,i... - SP.BIDNO'II; 1 ~voz necessary ca~ii car- ce~c z1L l~u c:~ie~x is w:~ tai ulu ~ KNCJ~ ALL ME's BY THESE P'RESE~~'T'S: That we as principal, and . as Suety, f_ are held and f irml bound unto the city of Bakersf field, a body.. politic and Y corporate of the. State of California, in the sum of dollars ~ $ ~ r to be paid to said city, for which payments, well and truly to be made; we bind ourselves, our heirs,. executors and administrators, successors or assigns, jointly and severally by these presents. THE ~ONDITTON 0~ THIS aBLIGATI IS St]cH s That if the certain proposal, hereunto annexed, to construct ~n .the City of Bakersfield as ref erred td in the ~1~ICE T~ cC~V~CHACTORS attached hereto, is accepted by the council of said city and if the above bounden principal., heirs, executors, administrators, successors and assigns, shall duly enter into andexecute a contract, to constrict said n~rovements aforementioned, and shall execute- and deliver the... two bonds required by law, within ten days (-not including; Sunday} from the: date of a notice to the above bounden principal, that said contract- is ready for executions.. hen this obligation shall.-become null and void, otherwise it shall be and remain in full force and effect. ITT ~~ITNESS ~~~Ef~', we have hereunto set our hands and seals this ~ day of , 19 . Seal) a ~Seal~ C Seal } ~ BID.BOND Page 1 of 2 STATE OF CALIFORh3IA ) } ss. C Vt~NTY aF • • , i , on this day of ...•.,....i 19......, before me, • . • • , • , i • • . • , , , • i i • i • • • • • • i • • • • . • . • • • , • . • . • . • • . • • • • • • • . • • . • • • . ! • • , a notary public. in and for the County of State of California, personally appeared . rs~nall .known tome roved to me on the basis of / / ~ Y p satisfactory evidence to be the person whose name is subscribed to the within nstr~~nt as~ the Attorney in Fact of i........ f and acknowledged to me that he subscribed the nano of , , • . , .................thereto as surety, and his own name as Attorney in Fact. IN wITA1E~S WHET I have .hereunto set mY hand and of f ixad mY official seal the day. and year in this certificate first above written. ••,•••,,•~,,••••••..•.•••,.r...,••s•,,.a•~,.,.r. Notary Public in and. for said County, and State BID,B~1D1 Page 2 of 2 GUARANTEE ~ 'TRAFFIC SIGNAL EQUIPMENT CITY OF ~BAKERSF IELD i Department of Public Works _ 1501 Truxtun Avenue, Annex B ' ' Bakersfield ullding ,California 93301 In accordance with the terms of Contract No. . f for. MEDIAN MODIFICATIONS ON TRUXTUN ~ SYSTEM ON COMME A~NUE ~ INSTALLATION OF RC IAL ~Y AT TRUXTUN AVENUE . T~'F IC SIGNAL , awarded on I referred to as th ~ between the City of Bakersfi e,City~, and the undersi ed eld (hereinafter installation of li tin a ,which contract provides f under whi nd~or traffic si al s stem or the ~ ch contract the undersi ed h ~ and the following arante ~ as furnished and installed such ~ e of the said system is here system, by made. Should any of the equi merit ' except lightin elemen p Installed pursuant to said con g ts, prove defective or sh~l tract, d the s stem a ' .defective, due to fault work Y s a whole r tion, or shoo Y manship, material furnished o p ove ld said system or an art ~ ' r of installa-- planned, due to an of Y p ereof fail to operate ro r Y the above causes, all within p ~ lY► as said contract is acce ted b ~ X17 year after date on w ' C i t, u n p Y the City, the undersi ned a hich Y, ,po demand, for its expenses incu g grees to reimburse the condition contemplated in rred in restoring said s stems said contract, includin the Y to the materials replaced, or, u n de g cost of any equi ment or .and repair sai p° mand by the City, to re lace a p d systems completely without p nY such equipment operate successfully as on in cost to the City, so that the wil g ally contemplated. Y 1 'fie City shall have the o ' ments itself or to h ptlon to make any needed re airs ave such replacements or re air p °r replace- Prior to such replacement ~ p s done by the undersi shall have °r repair work being done b the ~ fined. the option to make an neede ~ y City, the undersigned the City elects to hav ~ Y d repairs or replacements. In e said work performed b the the event agrees that the repairs shall con~ne Y undersigned, the undersi ned essary shall comma nce to be made and such materi g nce to be furnished and insta als as are nec- hours of the date specified ' lied within Twenty-Four 24 shall in the City's written n ~ ~ ~ prosecute with due dili ence otification. Contractor period of time as ~ 9 to complete the work within a specified in the City's written n reasonable otif ication. Said system will be deemed d antee in the event efectlve within the meanin ' f that they fail to operate as ~ g °f this guar- acturers thereof and in accordan originally intended by the manu- in said contract. Ce with the plans ands cific ' ~ ations Included Date Contractor's Signature Firm Address D14: 51017.40 -40- G.TSE GUARANTEE MATERIAL AND WORIf~fANSHIP CITY OF BAKERSF IELD Department of Public Works 1501 Truxtun Avenue, Annex Building Bakersfield, CA 93301 In accordance with the terms of the Contract for: MEDIAN MODIFICATIONS ON TRUXTUN AVENUE .AND INSTALLATION CJF TRAFFIC SIGNAL SYSTEM ON COMNiERC IAL WAY AT TRUXTUN AVENUE ~ awarded on ,between the City of Bakersfield (hereinafter referred to as "City"), and the undersigned, which contract rovides for p the installation of traffic si al and li htin s stem. Modifications to median islands and other facilities and under which contract the undersi ed has installed such facilities the f ~ ~ ollowing guarantee of the said facilities is hereby made: When the project is completed and accepted, we guarantee the same to be free from imperfect workmanship and/or materials, and we agree to repair and/or replace at our own cost and expense, any and all such work, and/or materials which may prove defective in workmanship or materials within a period of one (1) year from the date of acceptance of the above named construction project, ordinary wear and tear or neglect exce0ted. We also agree to repair and/or replace, at our own cost and expense, any work and/or materials that we may disturb or displace in making good such defects. Within twenty-four (24) hours after bein notified in g writing by the City or the City's representative, or the agent of either of them, of any defects in said work or materials, we a ee to commence and prosecute with due diligence, all work necessary to fulfill the terms of this guarantee and to complete the work within a reasonable period of time, and in the -event of our failure to so comply, we collectively and expressly do hereby authorize the Cit Y and/or the City's representative, or the agent of .either of them, to proceed to have such work done at our expense and we will honor and pay the cost and charges therefor upon demand. This guarantee is made expressly for and runs to the benefit of both the City of the above mentioned construction project and the City's representative, and shall be enforceable by either of them. MATED .Contractor's Name Authorized Signature D14:51017.41 -41- Cr-W~MSHP.M HOLD H~~RMLESS AGREEMENT CITY OF BAKERSF IELD IT IS HEREBY AGREED that , a ees to indemnify and hold harmless the City of Bakersfield its a ents e ► g , n~loyees or any other persons against loss or expense including attorne s fees b reason f Y ► Y o the liability imposed by law upon the City, except in cases of the Cit 's sole Y negligence, for damage because of bodily injury, including death at an time Y resulting therefrom, sustained by any person or persons, or on account of dama .to property arising out of or in consequence of ~ agreement nano ) IT IS FURTHER UNDERSTOOD AND AGREED that the Contractor shall fat the option of the City), defend the City of Bakersfield with appropriate counsel and shall further bear all costs and expenses, including the expense of counsel in ► . the defense of any suit arising hereunto. I~TED Contractor's Name Authorized Signature HHA i MED ~~ACT N SI IAN MpDIF 0. ~L SyS ICAT14NS TEM ON C ON TR - ~~'~C ~~'~V A~ jAL ~Y A NC1E AND T TRUxTUN INSTALjA - an THIS A A~Nt1E _ TION OF d betwee GRE'E~NT CjTY T~FjC Ci t n the cI ' ode an ~ BA y, an Ty pF dent ~~~IELD d SAKI eyed into ELD, a ~ on I . , here nlclpal co . ina fter c rporatlon aped "Co ' hereia ft ' by ntractor", er called WITN WHETS ESSE . ' Ci tY has T H. 1' i thin the ~ ly adver . awarde Clay of B used fo d t0 C°nt akers fie r Sealed ract0r u ~d' On pr0~sa1 pon hls r s for to AREAS A °~rlY e be eXecu ,one of xecuted . ted b the co ~ bid, an 'the coat , Y and ~tw ndi bons d raft Was N~ een City a of said a as fo nd Contr Ward re flows • TAO acto ~ i re . RE, i t i r• d a fo s mutuall gal contr Y agreed b act Y and ,be twe en the par . Cont ARTI ties here for rac for a CLE I to Within Braes to fu the Cit rnish su Y of Baker ppl1es, e sf field. quipment~ labor an d ~ teri a 1s set The fo ARTIC , forth 11owln ~ II herein; g shall be deemed to 1. ~ part . Notice of this c 2, S to Contra ontract as 3, pedal Pro ctors B pis if full id pro Ions Y 4. Bid ~p°sal 5, der s Bon Per fob d 6. Mat nce Bond 7, eri a I and 8 ~ t tens Labor Bo A11 of trans nd provision ~ ttal~ if contract s required any 9, Hof Whe by la 10 d Earmle they actu W to be • Current ss, Agree a11Y in,se inserted . pWl (if ant rted or n in this rewired b ot. Y Specific at1Ons ~ D14' S1417 •42 -1- CONGA „r,.. ~ I ` eXeCU N WIT~SS ted, the ~IE~OF' i day and ► ,the part , Year fl rs t, les here t above o have ca - ~ten• used his Agreemen t to ~ CITY ~ ~A t KiE~SF' jE~ By 1 Mayor I ~ MME pF C Ol~'RAC~pR ~ . By C°ntra ctor APpRp VRD AS ~ Fpm; By City ttorneY C IG~Ds By Finance Director D14; 5101 ~ •43 -2- CrvLTrn..,- - 1 e f 1 i E~.OG~ A GREE~~, S ECURrTY D EPOSITS I N LIEU CIS ESC ~~N'1'I ROW A ON ~ ~ K j ~ 1 S EI,D~ a mu made an nlClpal d entered , e r ~ Corporatio y a whos add Into b ess is n, hereina nd between an f ter Cal C~Ty OF r d led Own 1 erg whose ad I dress is and hereinaf er called n C°ntract whose ad °r , dress is hereinaf . F ter ca l le n Escrow °r the co d EsCr~ Agent a r nsiderat , Agent gee as f l on here . , °ll0ws: ~nafter s the 1 • et forth, , Dover Pursuant the de nment C to Se ~ °wner, C posit secu ode of th CtiOn 459 °ntraCtor rewire rl ties w ~ e State of Cha ~ and 1 n t d to be w ~ 1 th EsCro °f Ca I i fo .Ater 13 ~ o ° 'betwee lthheld b w Agent rnla► Co f Dl~isi n the Owne Y °wner as a subst ' ntractor h on 5 ° f Ti r and Con pursuant t 1 Lute for as the o tie 1 of tractor f ° the Con retentio ptl°n to or structlon n earnin s Contract g In the a~ ente as the un t o f red Con Contract tract ear ) , Whe dated of the de nings~ the n Contract substi Aoslt. Escrow A °r deposit tution The mark gent sh s the s f herein withheld shall be et ~alUe all n°tif ecurlt1es after ref Cont as reten ~ at least °f the se . y, the Own , as a sub .erred to ractor, t10n uncle equal to ~rltles er wlthi stlt~te f and shat 'Securltie r the to the cas at the t' n ten X10 °r l desl s shall ~ °f h amount lr~ of ~ days gna to the be held , .the Con tr then re the Contract In the act betty ~lred t fun 2• °r as the nano of een the ° be ds whlc The owne beneflc. Owner an Contr h otherW r shall lal owne d act prop, ise wool make pr r, and amours 1s10ns, d be wi °gress pa t speci provided field fr yments t f 1ed a.bo that th °m pr ° the Co ve, e Escrow Ogress pa ntraCtor i 3 • Agent h Y~nts pur f °r suc n the a Alterna old secu scant to h escr mount of r tl~el~'► rltles in the ow create e ten t 1 on the o~,1er the fo d hereund ,for the may make ~n er is to ~ bene f1 t payment . mated. of the s dlreCtl °~'ner un ~ y to E tll such sCrOw A tjme as gent the -l- ,4, Contractor shall be responsible for pa in all f expenses Incurred by Escrow A nt in a ~ Y g ees for the ge dministering the escrow account. ,These expenses and payment terms shall be determined b the Agent. Y Contractor and Escrow 5. The interest earned on the secur' ' held in escrow and all i ides or the money market accounts nterest earned on that interest shall be for account of Contractor and shall be sub'ect to the sole and from time to time w' ~ withdrawal by Contractor at any time ithout notice to the Owner, 6, Contractor shall have the ri t princi al in the E ~ to withdraw all or any part of the p scrow Account only by written notice to E • scrow A acc ~ n ompanied by written authorization from Owner ~ t to the Escrow Agent that Owner consents to the withdrawal of the amount sou ht t ' g o be withdrawn by Contractor, 7. The own er shall have a right to draw upon the secu ' ' event of default by the Contractor. U n sev rides in the Escrow .Agent from th p° en days' written notice to the •e Owner of the default, the Escrow A nt sha ' convert the securities to cash and sh ~ 11 immediately all distribute the cash as instructed b Owner. y the 8, Upon receipt of written notifica ' that the Contract is fi tion from the Owner certifying nal and complete, and that the Contractor ha ' with all requirements and procedures a s complied release to C pplicable to the Contract, Escrow A nt sha ontractor all securities and interest on ~ 11 charges of the Escrow Accoun deposit less escrow fees and , t. The escrow shall be closed immediatel u disbursement of all moneys and securities Y p°n charges. on deposit .and payments of fees and 9, Escrow Agent shall rel on Owner and the Con y the written notifications from the tractor pursuant to Sections (4) to (6 inc ' agreement and the Owner an lusive, of this d Contractor shall hold Escrow A nt harmles Escrow Agent's release and disbursement of ~ ~ ~ s from forth above, the securltles and interest as set 10, The names of the rs ~ , or to receive I~ ons who are authorized to give written notice written notice on behalf of the Owner and on be in connection with the fore oin half of Contractor are as foil g g► and exemplars of their respective si atures ows: ~ , On behalf of Owner: On behalf of Contractor: Title , Title Name Name Signature , Signature Address A ddress _2_ On behalf of Escrow Agent: Title Name Signature .Address At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. Owner Contractor Title Title Nance Nara Signature Signature -3- FAITHFUL PERFORI!~~NCE BOND KNOT ALL MEN BY THESE PRESENTS, THAT, WHEI~~AS, the CITY OF BAKIETZSFIELD, California, a mounicipal corporation, hereinafter designated the "Owner," has, on , 19 , away to ,a corporation organized and doing business under and by virtue of the laws of the State of California, hereinafter designated as the "Principal," a contract for the ~ _ ;and WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract: NC~1, THEREFORE, WE, the Principal, and as Surety, are held and firmly bound unto the Owner in the sum of (1Q0~ Ck' AMOUNT At~RDED AT COUNCIL MEETING) lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above mentioned Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said -contract and any alterations made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the Owner, its officers and agents as therein stipulated, then this obligation shall become null and void.; otherwise it shall be and remain in full force and virtue and Principal and Surety, in the event suit is brought on this bond, will pay to the Owner such reasonable attorney's fees as shall be fixed by the court. As a condition precedent to the satisfactory completion of the said contract, the above obligation in .the said amount shall hold good for a.period of one (1) year after the cor~letion and acceptance of the said work, during which time if the above mentioned Principal, his or its heirs, executors, administrators, successors, or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the said Owner from loss of damage made evident during said period of one year from the date of acceptance of said work, and resulting from or caused by defective materials and/or faulty workmanship in the prosecution of the work done, the above obligation in the said amount shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Principal remains. Page 1 of 2 Pw.BONDl And the said,Surety,,for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time,. alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2945 of the Civil Code of the State of California. As a part of the obligation secured hereby and in addition to the amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Owner in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. IN WITNESS WHEREOF, the above mentioned parties have executed this instrun~nt 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 (Attach notarization form for each required signature.) Page 2 of 2 4: PW.BOND2 MATERIAL -LABOR BOND KNaGT ALL MEN BY THESE PRESENTS, THAT, WHEREAS, the CITY OF BAKIERSFIELD, County of Kern, State of California, hereinafter designated the "Owner, " has, on (IlATE OF COUNCIL MEETING) ,awarded to (NAME OF CONTRACTOR ) hereinafter designated as the "Principal," a contract for the construction of (DESCRIPTION OF PROJECT -USE DESCRIPTION FROM FRONT COVER CJ~ SPDC IF ICATIONS) WHEIE~,AS, said Principal is required to furnish a bond in connection and with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for an work or labor done thereon of an kind the Suret f thi Y y , yo s bond will pay the same to the extent hereinafter set forth: N(~T, THEREE'ORE, WE, the Principal, and (LEAVE BI~~NK FOR BONDING COMPANY) , as Surety, are held and firmly bound unto the Owner the penal sum of (50~ OF AMOUNT A~RDED AT COiJNCIL MEETING) dollars )lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, 'ointl and severall firml b these ~ Y Y~ Y Y 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 su lies used in, u n, for or pp ~ , about the rformance of the w rk pe o 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 required by the provisions of Sections 3247 through 3252 of the Civil Code of the State of California, and provided that the persons, companies, or co rations so furnishin said materials rovisions or other su lies g , ► p ~ pp appliances, or power use, ln, upon, for, or about the performance of the work contracted to be executed or performed, or any person who performs work or labor upon same, or any person who supplies both work and materials, thereto, shall have complied with the provisions of said Civil Code, then said Suret will a Y pY the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit brought upon this bond, such reasonable attorney's fees to the Owner as shall be fixed by the court. .3 CA-Pw MATERIAL.1 1 Rev91289 This bond shall inure to the benefit of the Owners and any and all persons, companies, and corporations and their respective assigns entitled to file claims under applicable State law, including, but not limited to, California Civil Code Section 3181, so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their seals this day of , 19 , the name and corporate seal of each corporate party being hereto affixed a d these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Principal e ~ Seal ) Signature for Principal Ti Surety ~ Seal ) Signature for Surety Title CA-Pw MATERIAL.2 2 09/89 Y,~. ; 1' F 4ii it r 1. 1: W l~ I i I~' ii ~i t '~C 1