Loading...
HomeMy WebLinkAbout1991 Special Provisions Project 61012COPY N0. CITY OF BAKERSFIELD CALIFORNIA NOTICE TO CONTRACTORS SPECIAL PROVISIONS BID PROPOSAL AND CONTRACT FOR TRAFFIC SIGNAL ON "N" STREET AT TRUXTUN AVENUE ~ ~ BID OPENING: DATE March 14, 1991 TIME 2;00 P.M. ~ ~ PRA N0. 61012 pFESS1p Q~ Nq ~0 ~ y ~ Q~ ~w DEP OF PUBLIC WORKS ~ ~ ~ CITY OF Bi~{ERSFIELD ~ 0.3300 ~ 1501 TRUXTUN AVENUE ~ ~ C~ EXP. /~~,~11 k B~~FIELD, CA 93.301 Telephone,: 1805) 3,26-3724 ~ C IV ~ ,F~ CAL D30:61012 ~N,~, ED:wrn:lh NOTICE IrWIT ING SF ~LE.D PROPpS ALS Sealed bids will 1501 Truxtun Ave be received at t • ubl ` nue, Bakersfield • he pf flCe o f the P A lcly opened and re ' CA, until 2:00 urchasing Officer ad immediately them A•m. on March 14, 199 , , eaf ter for the fo 1' t0 be flowing; . ?'HAF'FIC SIGNAL ON " N STRE;~ AT ~~~j N AV~E~,~ Bidding mate ' • rials available at a Bove location. Contractor's L• A C~INAI, lcense Requ1red: ION OF „ CLASS ..A pR CLASS C-g ~ ~~C_l~„ ~ ~~C_12 Engineer's ES , timate; Lion A $106,0U0.00 -~°n B $ 90 p 00.00 Mailing Fee: . _$500_ 9 Sine. Gre ory , • 1 Financ i e ~ GJK:ljm x`128.1 nu~tND~M Np •1 PRp~ ~ Ec 1 ~ t Y~~.~ ~.~~a ~ RAFFIC 4.,. ~~x- M.._.. BI SIGNAL D ppEN ON ►►N Mar , - ING DAT . S1REE ch ~ E. MAR r Ar 1 CH Z.4 RUXrUN z•po ~ 1 ~9~ A ~ENOE _ P M t f " ~;y N41ICE 10 ALL You '---C~N1RgC • are her 1pRs B add1ti eby no IDDjNG ad °ns to t~fied 1Njs wp di t i ons the p i ° f the RK sped are he ans and fob ~owi c f ~ ca t ~ o reby m spec ~ f i • ng cha °ntrar ns and ade a canons nges an y there. sha]7 part of .Such d/or ~ n• take r the p 1 than e p eceden ans and g s and ISIpN, ce °ve /or r an,Ythi _ ng to the PLANS Sheet z, the note re rh garding c e c0ntrac °ntract ~ _ he Con or mus ~ tenses . co tractor t p°sse 's rev • mb~nati (or C ss a v used t time °n of C °ntract a>>d C1 ° readF this c lass C, .ors in ,ass A . °ntract 8, C.I ~ a JO~n COntrac , Sp ~s aw ° and C_ t vent t°r s • ECIpIC arded. ~2 Co urea ~ License ArlpNs ntracto , ust posy or r s Lice ess a page nses at t i I, No he tics to c0ntrac jhe C t°rs' • t1~ °ntractor ' s 7Xth e Contr must. paragra c0m actor posses ph, i s b~nati for C s a v rev7se time ~ °n of °ntrac a~1d Cl d to r th ~ s Class tors ~ ass A sad, . COntra C-8~ C- n a ,ioi C°ntra ct ~s a ~0 and nt vent ctor s warded. C' Y 2 C urn) m L~ tens ontract0 ~ ust p°SS a or r. s 1 i ce ess a Norf. nses a 'A~~Co tthe the ntractor y have r s b~ddin , revision eceived g this w s. Addend, ork sh um N0. a 1 ~ den 1 and b • ote ~n • ids sh their a1] ref pr°posa AP lect t i that PRp~ED here BY She phn~a Iraf~• 1ker ~c Eng~n eer Dar 1 en Pur e, W~ sham chas ~n 9 0ff~cer ~ PAGE ~ . °f I CITY OF B~AKERSFIELD f ENT OF PUBL TC WOR DEPART~~ KS NOTI - CF TO CONTRACTOR S M'^ SEALED PROPOSAL 5 ' the Purcha will be raceived by the Cit of sing Officer, City Hall 1 y Eakersf i eld at the Of f is un~il 2;00 o~clock P ~ 501 Truxtun Avenue, Hakersfi e of immn o •M. on ~~~arch 14, 1991 tO eld, California, ~.di at~_ly thereafter, for the f ~ ~ pablicly opened and read ollowzng work: .TRAFFIC SIGNAL ON "N S TREET AT TRUXTUN AVENUE Plans and speoificati obtained at the off ' ons, anc~ forms of proposal, bonds a . ice of the Purchasing Officer nd contract, may be 7:SR0 _0_ by posting a refundable de°o ' made provided )for each complete set. Ref L s i t of he plans and s ~ unc~ of deposit wi 11 ~ within to ~ p~cifi~.ations are returne n (10) Jaya from date of bid ~ ~ d to the Purchasing Officer good condition. op°ning and the documents are in rP asonable No bid will be ~onsid P the Purchasin p ~ ec-d unless it is made on a ro ~ g fficer, which appears herein p posa~ form fu.rnishec~ by PROVISIONS of the ro 'e ir~medi ately followin thQ undp n~ „p J ct, and is ,made in aceordan g ~-.SPECIAL r Se,. ~ ion 2, Propos a? Re ui ramp ce th the ~ provi s ions set. fort S ~ ~nts and Condetions" of the S h pecifications. Each bed must ~ tanda_rd with the re ui ~ ~ ~ accompanied by a pr. 0°osal q r~m~.n~s of article 2--1.0? of the ~ ~ L , guaran;.ee In accordance Specifications. ,said Sec~ion 2 of the Standar. d The. City of Bakersf iP are re wired ~-ld rese.rves the right to re 'e q on the entire work described ~ J ct any or_ all bids. Eids `4 herein. 4 . ..Substitution of secuci , .permitted ursua tees for moneys retained to ensu P E P^ nt to the ,provisions and re . ui r - pe rf ormanre shag Z ligible se~,ucities included ~ cements of Public Contracts Cod of credit, or ~ nterest bearing demand de osit e 22300• any other security agreed to b p ..accounts, standby fitters Bakersfield. The re u?st y the Contractor and the City q for subs~itution of Securities ~ of submitted on the. form anti tJ.ed " to ~ ~ depos i tad steal l .Ret~ntzon" incl Escrow agreement for Securit D ~ uded in the back of theses c' Y eposits in Lieu of pe ial provisions. The Contractor must ssess ' C-10 and Class C-l2 ~ p°~ a valid Cla= oc a combinati Contractor s License at the time ~ on of Class C-~ this contract i, awarded. . The work contemplated sh Specifications o all be done in accordance with . f the Department of Trans r the S_andard Agency, dated January, 1.988 ~ ~ tation, Eusiness and Trans rtati insofar as the same may an 1 po on ~P Y Pursuant to Part ? of D' ' ~-vision 2 of the California Labor .Cod ~ et seq.) the Contractor shall e (Se..,tion workers on this ~ n0~ pay less than the prevailin 1720 protect as determined by the Dirac 1 grate of wages to Industrial Relations. The D' for of California De artme erector's schedule, of prevailin c P n~ of open for inspection at the Cit g at._s is on file and Truxtun .Avenue B Y of Bakersfield, Department of P ' . akersf field, California. ubli,. Works, 1501 D30: 61012.1 . _1- BD:wrn:lh GENERAL DESCRIPTION OF WORK The work to be performed consists, in general, of this projects involves the installation of an 8 phase traffic and includes median and striping modif ications for left turn channelization. Award will be based upon one of two bid .options. Contractor shall submit bids for both Option A and Option B. Option A will consist of median widening using raised concrete median construction. Option B will consist of median widening using painted medians. CITY OF BAKL'RSFIELD EDGAR W. SCHULZ Public ti~orks Director 0 D30:61012.2 ~ -2- BD:wrn:lh . CITY OF BAKERSFiELD, CALIFORI'dIA DEPARTMENT OF PUBLIC r'JORYS SPECIAL PROVISIONS SECTION 1 - DEFINITIONS AND TERr~S 1-1.01 GENERAL. This work embraced herein shall be done in accordance with the Standard Specif ic;.~tions entitled "State of California, Department of Transportation, Standard Specifications, January 1988," as referenced herein, insofar as the same may apply, which specifications are hereinafter referred to as the Standard Specifications, and in accordance with the following special provisions. i In case of conflict between the Standard Specifications and these special provisions, the special provisions shall take precedence over and b~ used in lieu of such conflicting portions. 1-1.02 DEFINITIONS AND TERMS. All definitions and terms in Section 1, "Definitions and Terms," of the Standard Specifications shall apply, except whenever the following terms or pronouns are used, the intent and meaning shall - be as follows City - City of Bakersfield, California. Department of Transportation, CALTRANS - The Engineering Department of r the City of Bakersfield. . Director - City Engineer.. Engineer - The City Engineer., acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. .Laboratory - The designated laboratory authorized by the City to test materials and work involved in the contract. Standard Specifications - Standard Specifications of the Department of Transportation, Business and Transportation Agency, dated January, 1988. State - The City of Bakersfield. State Contract Act - Chapter 1, Division 2 of the Dublic Contract Code. The provisions of this act do not apply, to this contract. Other terms appearing in the. Standard Specifications, the general. provisions, and the special provisions, shall have the intent and meaning specified in Section 1, Definition of Terms of the Standard Specifications. D30:61012.3 -3- BD:wrn SECTZ~~N 2. PROPOSAL REQUIREMENTS 2-1..01 GENERAL INFORMATION. The Purchasing Officer of the City of a Bakersfield, California, will receive at her office, City Hall, 1501 Truxtun Avenue, in said City, until 2 o'clock P.~7. on P-larch 14, 1991 sealed proposals for TRAFFIC SIGNAL ON "N" STREET AT TRUXTUN AVENUE 2-1.02 APPROXIMATE ESTIMATE. The Engineer's estimate of the uantities of work to be done and materials to be furnished are approximate only, g ~ ~ of bids a.nd the Ci t of Bakersfield being given as a basis for ~.he comparison Y . does not ex ressl or b~ implication agree that the actual amount of work will p Y ~ correspond therewith, but reserves the right to increase or decrease the amount of any class or. portion of the work or to omit portions of the work that may be deemed necessary or expedient by the Engineer. 2-1.03 EXA~~iINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK. The bidder is required ~to examine carefully the site of work, the. ro sal, plans and specifications, and contrast forms. It will be assumed that p ~ the bidder has investigated, and is satisfied as to the conditions to be Ancount~red, the character., quality, and quantities of work to be perform?d and materials tO be furnished, and as tO the requirunts of the specifications, the ' ~ 'ions and the contract. It is mutually agreed that the submission special proves , of a ro sae shall be considered prima f ac~:~ evidence that the bidder has made p ~ such examination. 2-1.04 REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES OR .IRREGULARITIES. Pro sals ma be rejected if they shocra any alterations of .form, ~ Y additions not called for, conditional or alternative bids, incomplete bids, r irr~e ularities of an kind. Proposals in which the prices obviously ..erasures o g Y are unbalanced may be rejected. The ri ht is reserved to reject any and all proposals and waive .any g - irregularity. 2-1.05 PROPOSAL FORM. All proposals must by made upon blank forms to ' d from the Purchasin Officer, the. ,form of which appears herein be obtaine 9 immediately following, these special provisions. All proposals must give the. ' sed .both in writin and figures, and must be signed by the bidder,. pricey propo g _ with his address. Tf the proposal is made by an individual, his name, telephone nd st office address must be shown. If made by a firm or partnership, number a po the nama and post office address of each member_ of the firm or partnership must be shown. If made by a corporation, the proposal must show the names o~ the state under the laws of which the corporation was chartered and the names, titlss, and business addresses of the president, secretary and treasurer. D30:61012.4 -4- BD:wrn:lh 2-1.06 BIDDER'S GUARANTEE. .All bids shall be presented under sealed cover. and shall be accompanied by a Proposal Guaranty made payable to the C~.ty of Bakersfield, for an :amount equal to at least ten percent X10 0} of the amount of rr said bid, and no bid shall be considered unless such Proposal Guaranty la enclosed therewith. 2-1.07 REQUIRED LISTING OF PROPOSED. SUBCONTRACTORS. Each proposal shall have listed therein the name and address of each Subcontractor to whom the bidder proposes to subcontract portions of the work in the amount of 1/2 of one percent of his total bid or X10,000, whicheve_r_ is greater, in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. The bidder's attention is invited to other provisions of said Act related to the imposition of penalties for a failure to observe its rovisions b using unauthorized subcontractors or by making unauthorized P y substitutions. A sheet for listin the Subcontractors, as required herein, is included g in the Proposal. Bidders are cautioned that this listing requirement is in addition to the re uirement to rovide a list of DBE Subc;ontractor_s after the opening of the q P proposals for projects utilizing Federal funds. 2-1.08 OMISSIONS IN SPECIFICATIONS AND DRAWINGS. Any materials or . work mentioned in the specifications and not shown an the drawings or shown on the drawin s and not mentioned in the specifications shall be of the-.same effect g as if s'nown or mentioned in both. Omissions from the drawings or the specifications of the materials. or details of work which are manifestly or obviously necessary to carry out the intent of the drawings and specifications or which are customarily furnished or formed shall not relieve the Contractor of his responsibility for furnishing Per such omitted materials or performing such o~itted work; but shall be furnished or ..rformed as if full shown or described in the drawings or specifications. PP y 2-1.09 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time rior to the time fixed in the public notice for the opening of bids by request P for the withdrawal of the bid filed with the Purchasing Department. The request shall be executed b the bidder or .his duly authorized representative. The Y withdrawal of a bid does not prejudicz the right of the bidder to file a new bid. ~~hether or not bids are o ned exactly at the tires f fixed i.n the public notice for Pe opening bids, a bid will not be received after that time, nor may any bid bP withdrawn after the tip fixed in the public.; noti~;e for the opening of bids. 2-1.10 PUBLIC OPENING OF PROPOSALS. Proposals will be opened and .read publicly at the time and place indicated in~the "Notice to Contractors." Bidders or their authorized agents are invited to be present. 2-1.11 RELIEF OF BIDDERS. Attention is directed to the .provisions of Public Contract Code Sections 5100 to 5107, inclusive, concerning relief of bidders and in particular to the requirement therein, that if the bidder claims a ' ke w s made in his bid the bidder shall give the Department written notice m~sta a , within- 5 da s after the opening of the bids of the alleged mistake, specifying in Y the notice in detail how the mistake occurred. BD:wrn D30:61012.5 -5- Public Contract Code Section 10285.1 (Chapter 376, Stats, 1985) provides as follows: Any state agency may suspend,-for a period of up to three years from the date of conviction, any person from bidding upon, or being awarded, a ublic works or services contract with the agency under this part or p ~ ' ~ i f that fror~ being a subcontractor at any. tz..r upon the con~ract, person, or any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof , has been .convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, .conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or rformance of, any public works ,contract, as defined in Section 1101, with any public entity, as defined in Section 1100, including for the pur oses of this article, the Regents of the University of California p or the Trustees of the California State University. A state agency may determine the .eligibility of any person to .enter into a contract under this article by requiring the person to submit a statement under . penalty of perjury declaring that neither the person nor any subcontractor to be engaged by the person has been convicted of .any of the offenses referred to in this section within the preceding three years. A form for the statement required by Section 10285.1 is included in the proposal. 2-1.12 DISQUALIFICATION OF BIDDERS. More than one proposal from an F individual, firm, partnership, corporation., or combination thereof under the samA or different names will not be considered. Reasonable grounds for believing that an individual, firm, partnership, corporation ar combination thereof is y t-P 1 ed ma cause the interested in more than one proposal for the work con.._mp at y re'ection of all ro sals in which such individual, firm, partnership, corporation, ~ p ~ 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. :y D30:61012.6 -6- BD:wrn SECTION 3. AWARD AND EXECUTION OF CONTRACT . 3-1.01 GENERAL. The award of ° t'ne contract, i f i t be awarded, will be to the lowest res. risible bidder. The language,"responsible" refers to not only ~ ~ ~ t ualit fitness and ca acity the attribute of trustworthln~ss, but. also to ~he q y► p of low bidder to satisfactorily perform the proposed work. 3-1.02 AWARD OF CONTRACT. The award of the contract, if it be ded will be made within forty-five (45} days .after the .opening of the away , ro sals unless extension is approved by the lowest res~Onsible bidder. p ~ -1.03 CON'I~RACT BONDS. The Contr-actor shall furnish two good and 3 sufficient bonds insured by an admitted surety insurer as set forth in Title XIV Cha ter 2, Article 6 of the California Code of Civil Procedures. One of the ► p said bonds shall guarantee tho~faithful performance of the said contract by the Contractor and shall be in an amount equal to one hundred percent (1000) of the contract rice. The other of the said bonds shall be in an amount of fifty p ercent (50 o) of the contract price and shall guarantee payment to laborers, p mechanics and material workers employed on the job under-the contract and shall in the amount and sa~isfy the requirements specified in Section 3248 of the be California Civil Code. . a whenever an suret or sureties on any such bonds, or on any bonds Y Y re uired b law for the protection. of the claims of laborers .and material men, q ~ Y ~ ~ ~-o believe that such surety or become Insufficient, or the City has cause sureties have become insufficient, ademand in writing may be made of the Contractor for such further.. bond or bonds or add~~ional surety, not exceeding i inall re aired, as is considered necessary, considering the extent of that or g y q the work remaining to be done. Thereafter nonpayment shall be.mad~ upon such contract to the Contractor or any assignee of the Contractor anti surh f ur then bond or bonds or additional surety has been furnished. - TION OF CON'T'RACT. The contract shall be signed by the 3 1.04 EX~~Ct7 bidder and returned, to e then with the contract bonds wi-thin ten (10) successful g da s, not including Sundays, after, the bidder has received notice that the Y contract has begin awarded. No proposal shall be considered binding upon the it until the execution of-the .contract. All contracts shall be considered as C y being made and entered into in the. City of Bakersfield, California. ' to execute a contract and file acceptable bonds. as provided Failure herein within ten (10) days, .not including Sundays, after the bidder has eived notice that the contract has been awarded, shall be just cause for. the rec cancellation of the award and the forfeiture of the proposal guaranty. 3-1.05 RETURN OF BIDDER'S GUARANTEES. within ten (10} days after the award of the contract, the City of Bakersfield will return any monies or form for de sit of money that are not to be considered in making the award. All other ~ro sal guarantees will be held until the contract has been finally . p ~ executed, after which they will be returned to the respective bidders whose .proposals they accompany. D30:61012.7 -7- BD:wrn SECTION 4 - BEGINNING OF WORK, TIME OF COr~iPLETION AND LIQUIDATED DA[~~~AGES ~ 4-1.01 GENERAL. Attention is directed to the provisions of Section 8, Article 8-1.03, "Beginning of j~lork, " Article 8-1.06, "Time of Completion" and Article 8-1.07, "Liquidated Damages," of the Standard Specifications, and is specifically hereby made a part of these special provisions. The first paragraph of Section 8-1.03., "Beginning of ~~1ork," of the Standard Specifications, is amended to read:. The Contractor shall begin work within fifteen (15) days after receiving written notice to proceed. The Contractor shall diligently prosecute the same to completion before the. expiration of 35 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. .Contractor shall a to the City of Bakersfield the surn of $200.00 The p y for each and ever .calendar day's delay in finishing the work in exceas per day Y of the number of ..working days prescribed above. co nsation for conformin to the requirements of above paragraph v Full mpe g , shall be considered as included in the paces paid for the various Items of work and no additional allowance will be made therefor. The Contractor shall furnish the Engineer with a statement from the vendor that the order for the electrical materials required ,for this contract has been received and accepted by said vendor, and~said statement shall be furnished within fifteen (15) calendar days from the .date of the ontract. Said statement shall show the date or dates the electrical c materials will be shipped. No work shall be in on the project without prior written approval g of the Engineer until all components necessary for operation of the signal m are on hand. The Contractor will be granted an extension of time and syste will not be assessed with liquidated. damages or'the cost of engineering and ins ection for an portion of the delay in completion of the work caused by P y manufacturing time should approval be given to begin prior to delivery of all signal system components. The number of days extension shall be the °workin da s between the date as determined according to Special Provisions, g Y Article 4-1.01, and the date of receipt of all components as determined by he En ineer. U n recei t of all components, the Contractor shall notify t g po p the Engineer in writing and the Engineer will order start of work in writing. D30:61012.8 -8- BD:wrn SECTION 5, GENERAL 9 5-1.01 STATE CON'.PRACT 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 aze not obligated to submit the matter to arbitration in any form (although they may do so upon written agreement . 5-1,02 ALTERATION IN QUANTITY OF WORK, Increases or decreases in work exceeding an amount of $10,000 or which, together with all other previously approved change orders for that contract exceeds twenty-five percent (250 .of the original contract amount, must be authorized by the City Council. 5-1,03 CONTROL OF WORK. Control of work shall conform to the provisions in Section 5,~ "CONTROL OF WOztK," of the Standard Specifications ,and these special provisions. Section 5-1.02 "Plans and Working Drawings", of the Standard Specifications is amended by adding tie following paragraph after the fourth paragraph: Working drawings or plans for any structure not included in the plans furnished by the Engineer shall be approved by the Engineer before any work involving these, plans shall be performed, unless approval is waived in writing by the Engineer. . Section 5-1,07 "Lines and Grades" of the Standard Specificat-ions is amended by adding the following paragraph after the first paragraph: Three consecutive points shown on the same rate of slope must be used in common, in order to detect any variation from a straight grade, and in. case -any such discrepancy exists, it must be reported to the .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: T~lhen 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 worl~ done in .the absence of the Engineer will be subject to rejection. D30:61012.9 -9- BD:wrn 5-1.04 PR~~VAILING WAGES. Pursuant to Chapter 1 of Part 7 of Division 2 of the Labor Code (commencing with Section 1720},.Contractor agrees that in performing said work, by himself or through any subcontractor, eight hours' labor shall be a day's work and forty hours' labor shall be a week's work, and that Contractor shall keep an accurate record showing the name and actual hours worked for all workers employed in said work, and that said record shall be kept o en at all reasonable hours for inspection pursuant to Section 1812 of the L Labor Code. The Contractor and all Subcontractors shall pay not less than the eneral revailing rate of per diem wages and the general prevailing rate for g ~ p ~ he construction of this ro'ect. holiday and overtime. to all workzrs employed In t p The revailin rate for .each craft, classification or type of work is determined p g by the Director of the California Department of Industrial Relations, and his schedule of revailing rates is on file and available for inspection in the p Public `vJorks Department. The ,schedule is incorporated herein by this reference. The Cit shall have the right to inspect payroll records during normal working y hours and shall have the right to question workzrs at any time, concerning the wa es bein aid. Contractor shall not interfere in any way with the City's ` 9 9p 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 , Tf~~NTY-FIVE DOLLARS 2 5) pursuant to Sect ion 17 7 5 of the Labor Code ~..r worker aid less than the amount to which he is entitled p under said general prevailing rate of wages; and b, TWENTY-FIVE DOLLARS ($25} pursuant to Section 1813 of the Labor Code, r worker rzquired 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. -1 5 PAYROLL RECORDS. The fourth aragraph in' Section 7-l, OlA (3) , 5 .0 p "Pa roll Records.,.." of the Standard Specifications is deleted and shall not apply Y to this contract. 5-1.06 LABOR NONDISCRIMINATION. Attention is directed to Section 7-1.OlA(4), "Labor Nondiscrimination," of the Standard Specifications and these .special provisions. Attention is also directed to the requirements of the California Fair Emnlo nt and Housing Act (Government Code Sections 12900 through 12996),. to the Y~ L regulations promulgated by the Fair Employment and dousing Commission to i dement said Act, and to the nondiscrimination, affirmative action and equal employment opportunity requirements in the special provisions. -1.07 APPRENTICES.. The Contractor's attention is directed to Article 5 ~ ~ r s and 7-1.OlA(5}, Apprent~.ces, of the Standard Specifications. All Contracto Subcontractors shall co ly with the provisions of Labor Code Sections, 1777.5,_ 1777.6, and 1777.7 relating to the employn~nt of apprentices. D'30:61012.10 -10- BD:wrn If the Contractor does not have a union contract which provides for .apprentices, the Contractor and all Subcontractors shall submit one of the following: y 1. A copy of a "REQUEST-FOR AN APPLICATION FORA CERTIFICATE OF APPROVAL TO EMPLOY AND TRAIN APPRENTICES ON PUBLIC WORKS." This request shall be submitted to the local Department of Industrial Relations, Division of Apprenticeship Standards on the Contractor's and each Subcontractor's letterhead or DAS 140, 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 submi~:ted by the low bidder to .the City of Bakersfield Purchasing Division, within two (2y working days following the bid opening. 5-1.08 TRENCH SAFETY. The Contr. actor 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 Subcontrac-tor 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 ~~lorks" 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 7-1.01I, "Sound Control Requirements," of the Standard Specifications and these special provisions. D30:61012.11 -11- BD:wrn The noise level. from the Contractor's operations, between the hours of 9:00 P.M. and 6:00 A.M., shall not .exceed 86 dbA at a distance of 50 feet. This J requirement in noway relieves the Contractor from responsibility for complying. with local ordinances regulating noise level. Said noise level requirement shall apply to all equipment on the job or related to the .job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor, The use of loud sound signals shall be avoided in favor of light warnings except those required by safety .laws for the protection of personnel. Full compensation .for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and, no additional compensation will be allowed therefor. 5-1.10 PERMITS AND LICENSES. The Contractor shall procure all permits . and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work from any and all governmental organization which require such permits, licenses or fees. The Contractor shall procure a business license in the City of Bakersfield. 5-1.11 WORKING HOURS. Contractor shall limit his field working hours from 1:OO 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. t~lritten r 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 X11 municipal .ordinances and .regulations of the City of Bakersfield which in~any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect. the conduct of the work, .and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.. 5-1.13 CONTRACTOR'S INSURANCE. The Contractor shall not comr~nce 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 ~~orks Department. Contractor shall be responsible for any deductibles under all required insurance policies. 5-1.13A HOLD HARMLESS. The Contractor shall save, hold harmless and indemnify the City, its officers, agents, employees and volunteers from all claims, demands, damages, judgments, costs or expenses in law or equity that may at any time arise from or related to any work performed by the Contractor, his agents, employees or subcontractors under the terms of this agreement and shall execute and return with the executed contract documents and bonds the "Hold Harmless Agreement," a copy of which is attached hereto. D30:61012.12 -12- BD:wrn 5-1.13B INSURANCE.. In addition to any other form of insurance or bond required under the terms of this agreement and .specifications, the Contractor shall procure and maintain for the duration of this U agreement the following types and ~.imits of insurance: Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million ($1,000,000) per occurrence; and The automobile .liability policies shall provide coverage for .owned,, non-owned and hired autos. General 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 lim ts,and employer's liability insurance with limits o- f not ~e ~han one million ($1,000,000) per _ accident. The workers' compensation policy shall contain a waiver of subrogation endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. A~11 policies required of the Contractor hereunder shall be primary insurance as respects the City, its mayor,. council, officers, agents, employees and volunteers. and any insurance or self -insurance maintained by the City, its mayor, council, officers, agents, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. All policies shall contain the following endorsements: An endorsement providing the City with ten (10) days written notice of cancellation or material change in policy language or terms. If any part of the work under this agreement is sublet, similar . insurance shall be provided by or on behalf of the subcontractors to cover their operations. The insurance required under this agreement shall be maintained . until all work required to be performed under the terms of this . agreement is satisfactorily completed as evidenced by formal. . acceptance by the City. D30:61012.13 ~ -13- ~ ~ BD:wrn All costs of insurance required under this agreemznt shall be a included in the Contractor's bid, and no additional allowance will be made for additional costs which may be required by extension of the insurance .policies. 5-1.14 CONTRACTOR'S AUTHORITY. At the preconstruction meeting, the Contractor shall provide the City with the foreman's or superintendent's name who will be in charge of this project. 5-1.15 DAMAGE BY STORM, FLOOD, TIDAL WAVE OR EARTHQUAKE. Section 7-1.165, "Damage by Storm, Flood, Tidal ~~Tave or Ear_ thquak,e, " of the Standard Specifications is deleted and shall not apply to this contract. 5-1.16 WORK IN CITY STREETS. All of the work shown on the plans and included in these specifications that is located in the public streets in the City of Bakersfield shall be done in accordance with City Ordinance regulating the use of public streets within the City, except as otherwise provided herein. The Contractor shall inform himself as to all regulations .and requirements of the City Engineer and Superintendent of Streets of the City. of Bakersfield and shall conduct his operations in compliance therewith. 5-1.17 RIGHT OF WAY, The right of way for the work to be constructed will be provided by the City. The Contractor shall make his own arrangements, and pay all expenses for additional area required by him outside of the limits of right of way unless otherwise provided in the special provisions. 5-1.18 SUSPENSION OF CON'T'RACT. If at any .time in the. opinion. of the City Council,, the .Contractor has violated any terms of this contract, failed to supply an .adequate working force, or ,material of proper: quality, or has failed in any other respect, to prosecute the work vaith the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing-will be served upon .him, and should he neglect or refuse to provide means for a satisfactory compliance with the contract, as directed by the Engineer, within the time specified in such notice, the City Council in any such case shall have the power to suspend the operat-ion of the contract. Upon receiving not-ice of such suspension,. the Contractor shall discontinue said work, or such .parts of it as the City Council may designate. Upon such suspension, the Contractor's control shall terminate,. and. thereupon the City Council, or its duly authorized .representative; may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials, and purchase the materials contracted for; in such manner as the Engineer may deem proper; or the City Council may annul and cancel the contract and re-let the work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and. his sureties, who will be liable therefor. In the event of such suspension, all money due the Contractor or retained under the terms of this contract shall be forfeited to the D30:61012.14 -14- BD: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 i, will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operations of the contract and the completion of the work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion as determined by the Engineer have been paid. In the determination of the question whether .there has been any such non-compliance with the contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the contract. 5-1.19 TEMPORARY SUSPENSION OF WORK. The Engineer shall have the ,authority to suspend the work wholly or in part, for such period as he may deem necessary, due to unsuitable weather, or to such other conditions as are _ considered unfavorable for the suitable prosecution of the work, or for such time as he may deem necessary, due to the failure on the part of the Contractor to carry out orders given, or to perform any provisions of the work. The Contractor shall immediately obey such order of~ the Engineer and shall not resume the work until .ordered in writing by the Engineer. 5-1.20 PAYMENTS. Attention is directed to Sections 9-1.06, "Partial Pa nts," and 9-1.07, "Payment After Acceptance," of the Standard Specifications and these spzcial provisions. No partial payment will be made for any materials on hand which are r 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 Specifications, the following shall apply: The City may withhold funds, or because of subsequently discovered facts, nullify the whole or any part of .any certificate for .payment, to such extent as may be necessary to protect the City from loss due to causes including but not limited to the following: a. Defective work not remedied; b. Claims filed or information reasonably indicating probable filing of claims; c. Failure of Contractor to .make payment due for materials and/or labor; d. Information .causing reasonable doubt that the contract can be completed for any unpaid balance ; e. Damages to another Contractor; and f. Breach of any terms of this contract. When any and all such causes are removed, certificates shall be issued for amount withheld. D30:61012.15 -15- BD:wrn The fifth paragraph in Section 9-1.07B, "Final Payment and Claims," of the Standard Specifications is amended to read: 0 The Director will make the final determination of any claims which remain in disputz af ter-completion of claim review. Aboard or person designated~by said Director will review such claims and make written recommendation thereon. The City Engineer shall, after the completion of the contract, makz a final estimate of the amount of work done thereunder, and the value of such work, and .the City shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the. contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. The final payment shall not be due and payable until the expiration of .thirty (307 days from the date the "NOTICE OF COMPLETION" is recorded at the County Recorder's Office and after execution and `return by the Contractor of the attached GUARANTEE when applicable. It~is mutually agreed between the parties to the contract that no certificate given or payments made under the contract except the final certificate or final payment, shall be conclusive evidence of the performance of the contract, either wholly or in part, against any claim of the party of the first part., and no payment shall be construed to be an aGCe~tance of any defective work or in~roper: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 sarr~, 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 INCREASED OR DECREASED QUANTITIES. .The word "compensation" in the following paragraphs of the Standard Specifications is replaced with the words "unit price": Third paragraph of Section 18-1.05, "PAYMENT". Third paragraph of Section 24-1.08, "PAYMENT". Second paragraph of Section 36-1.07,."PAYMENT". Tenth .paragraph of Section 39-8.02, "PAYI~'iENT". . 5-1.23 HAZARDOUS MATERIALS. The Contractor shall be held responsible for-his workers and subcontractor's well-being and their education of handling hazardous materials when hazardous materials are encountered during this project. D30:61012.16 -16- BD:wrn SECTION 6. CONTROL OF MATERIALS 6-1.01 GENERAL. Control of materials shall conform to the provisions in Section 6, "Control of Materials," of the Standard Specifications and these special provisions. At .the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before delivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the contractor or producer of all materials to be used in~ the work, for testing or examination as desired by the Engineer. All tests of materials furnished by the contractor shall~be made in accordance with conu~only recognized standards of national organizations, and such special methods and tests as are prescribed in the specifications. 6-1.02 BORRO~I, 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 x as a source of blowing dust or other pollution which is no greater than when in their original condition. If the Contractor obtains necessary permits for borrow, disposal or .material sites from the authority having jurisdiction or from the appropriate pollution control boards and such permits contain .requirements which conflict with the requirements in the first and second paragraphs of this section, the requirements of the permits shall govern over the conflicting requirements of this section ,provided the permit requirements have been approved by the Engineer. Full compensation for complying with the requirements for borrow, disposal and material sites in this section shall be considered as included in the contract prices paid for the items of work which require the use of the sites and no additional compensation will be allowed therefor. 6-1.03. CERTIFICATES OF COMPLIANCE. In accordance with Section 6-1.07, "Certificates of Compliance, " of the Standard Specif ic;ations, the Engineer may Hermit the use of certain materials or assemblies, prior to sampling .and testing, if accompanied by a Certificate of Compliance. D30:b1012.17 -17- BD: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 Wor.k," 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 (max. 1" dia.) in front of each signal indication. The covers shall remain in place until all signal operations have been checked and signal is placed into _ operation. Prior to commencement of the traffic signal functional tests, all items of work related to the signal control shall be completed and all signs shall be in place.. 7-1.02 ~ OBSTRUCTIONS. Attention is directed to Section 8-1.10, "Utility and Non-Highway Facilities," of the Standard Specifications, the plans, and the special provisions. The Contractor will be required to work around public utility facilities and other improvements. that are to remain in place. within the construction area or that are to be relocated and relocation operations have not been completed. In accordance with the provisions of Article 7-1.11, "Preservation~of Property," and 7-1.12, "Responsibility-for Damage," of the. Standard Specifications, the Contractor will be liable to owners of such facilities and improvements for any damage or interference with service resulting from conducting his operations. The exact location of underground facilities and improvements within the construction area shall be ascertained by the Contractor before using equipment that may .damage such facilities or interfere with the services. Other forces may be engaged in moving or removing utility facilities or other improvements or maintaining services or utilities. The Contractor shall cooperate with such forces and conduct his operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by other-such forces. Any delay to the Contractor due to utility relocation whether or not the utility is shown or correctly located on the plans will not be compensated for as idle time. However, additional contract time commensurate with such delays may be allowed.. D30:61012.18 ~ -18- ~ 3D:wrri 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 o 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 Eng i nee r_ . Attention is directed to the fact that nuisance water may be present at all times along the project. ~It will be tie 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 ~~aork , full compensation for conforming to the requirements of this article sha~:l ba considered as included in the pri^es paid for the various items of work and no additional compensation will be made there-for. ~ - 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 o.r endangers the safe movement of traffic on any street or highway. Signs, lights, flags and other warning and safety devices and their use shall conform to the requirements set forth in the current "t2anual of Traffic: Controls - L~larning Signs, Lights, and Devices for .Use in Performance of ~nlork Upon a k~ighways~~," published. by the State of California, Department of Transportation. e Application and use of devices shall be as specified and as directed by the Engineer . The Contractor shall kee )the Bakersfield ,Fire De artment informed at p p all times as to the exact location and progress of the work and shall notify them immediately of any streets impassable for fire fighting equipment. The sixteenth and nineteenth paragraphs of Section 7-1.08, "Public . Convenience," of the Standard Specifications, shall be amended to read as follows: ~ . Construction operations requiring lane closures shall be actively in progress only between the;,hours ~ c~L-~-~'~°~w, Monday through Friday, except legal holidays r ~ ~ ~ , . Street Direction of Travel ~ Hours TRUXTUN AVENUE EASTBOUND ~ 8:30AM-11:3OPM TRUXTUN AVENUE EASTBOUND 1:30PM-4:OOPM TRUXTUN AVENUE WESTBOUND 8:30AM-11:30PM TRUXTUN AVENUE '~1ESTBOUND 1:30PM-4:OOPM ~~lhere construction-operations pare actively in progress a minimum ~f one ' feet in width shah be o n for use b traffic lane, .not less than twelve pe y D30:61012.19 -19- BD:wrn:lh 4 .w ' public t affic. Where construction operations are actively in progress not less than two such lanes shall be open for use by public t traffic. Public traffic may be permitted to use the shoulders and, if half -width construction methods are used, may also, be permitted to use the side of the roadbed opposite to the one under construction. No additional compensation will be allowed for any shaping of~shoulders necessary for the accommodation of public traffic thereon during paving operations. In order. to expedite the passage of public traffic through or around the work and where ordered by the Engineer, the Contractor shall, at his own expense, furnish, install and maintain construction area signs, lights, flares,. temporary railing (Type K), .barricades, and\ other facilities for the sole convenience and direction of public traffic. Also, where directed by the Engineer, the Contractor shall furnish 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. . a 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. 7-1.04 EXISTING. HIGHWAY FACILITIES. The work performed in connection with various existing facilities shall conform to the provisions in Section 15, "Existing Highway Facilities," of the Standard Specifications and these special provisions. Existing City highway signs and street markers shall remain the property of the City. Such signs and street markers shall, be relocated and maintained during construction so as to convey the sane intent that. existed prior to construction. Existing City highway signs and street markers shall be p-laced in their permanent position by the Contractor's forces prior to completion of construction. Signs removed from the project area shall be delivered to the City Corporation Yard at 4101 Truxtun Avenue. PAYMENT. Full condensation for conforming to the requirements of the two proceeding paragraphs shall be considered as included in the prices paid for the various items of work and no additional allowance will be made therefor.. D30:61012,20 -20- BD:wrn 7-1.05 TREE MAINTENANCE. The Contractor shall take extra precautions in excavat-.ing for median construction so as to reduce any unnecessary root injuries. In areas where median width is reduced trees shall be maintained in .accordance with the following special provisions. Roots shall be trimmed to a minimum -depth of 2 feet with a maximum of 3 feet with an approved root pruning saw.. Cuts should be vertical no closer than 5.5 feet from the tree trunk. Upon completion, .clean fertile soil shall be placed immediately around the exposed roots to match the existing grade. After root trimming all trees should be pruned back considerably in ord?r to ensure that the trees become acclimated to the root system modifications. This will assure a balanced root to branch ratio beneficial for continued growth. .After root cutting and tree pruning the contractor shall apply water to each tree in sufficient amount as conditions may require to keep the soil and plant roots moist during the duration of_-the contract. Ater completing the root cutting opration, an approved root stimulating solution shall be applied according to the manufacturer's recommendation. A Park Supervisor shall be present to inspect the root cutting, tree pruning and excavation process. A rootguard shall be instal led in accordance with the tree maintenance detail contained in these specifications. The rootguard shall be Deep. Root Corporation 24-inch foot Control Barrier, No. UBP24, or equal. Full compensation for conforming to the requirements of this article shall be considered as paid for in the contract unit price each for tree mainte- nance which price shall include full compensation for furnishing all labor, materials, tools and equipment and doing all work necessary to meet the require- ments of this section. 7-1.06 SAWCtJT ASPHALT CONCRETE PA~IEMENT. There new asphalt concrete in to conform to existing asphalt concrete, the existing asphalt concrete shall be saw cut to aneat line, The depth of cut shall be sufficient so that damage to adjacent asphalt concrete, which is to remain in, place, will not occur during , ..excavation operations. The Contractor shall conduct his operations so as not to damage the integrity of the edge of the saw cut pavement. Any damage to the saw cut edge will be corrected by the Contractor by additional cutting .prior to the start of paving operations. Full compensation for conforming to the requirements of this article sha'1 be considered as included in various items of work and no additional allowance will be mad? therefore. 7-1.07 REMOVE CONCRETE. Removing concrete shall conform to the provisions in Sections 15, "Existing Highway Facilities," 16, "Clearing and Grubbing," and 19-1.04, "Removal and Disposal of Buried Man-~~iade Objects," of the Standard~~Specifications and these special provisions. D30:61012.21 -21- BD:wrn:lh Concrete removed shall be disposed of in accordance with the ro~isions in Section 7-1.13, "Disposal of Material Outside the T~ighway Right of p way," of the Standard Spe~cif ications. n MEASURiMENT AND PAYMENT. Removing concrete will be measured and paid . for as roadway excava~~ion. 7-1.08 REMOVE TRAFFIC STRIPES AND PAVEMENT SINGS. Traffic stripes and pavement mar'~ings to be removed will be as shown on plans and as designated by the Engineer. Traffic stripes and pavement markings shall_ be removed to the fullest extent ssible from the pa~,~ement by any method that does not materially damage ~ A ~ ~ ~ ~A blast cleanin is the sarf ace or t~x..ure of the pa ~~m~.n~. or surfacing. there g used for the removal of painted traffic stripes and pavement markings, the area shall be shie~.d~d 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 mater..ial which mi ht interfere with drainage or might constitute a hazard to traffic will not g be permitted. Traffic stripes shall be removed before any change is made, in .the traffic pattern. _ Blast cleaning for removal of traffic strides 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 message cannot be identified. After removal of traffic stripes and pavement markings, a fog .seal coat shah. 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 shal~_ be applied over the traffic stripe removal area and to irregular and varying widths uith an avera e ~ width of 2 feet on each side of the blast cleaned traffic' stri~pc~ removal 9 area. ~n avement markin removal areas, the fog seal coat sha?.l be applied p 9 to the blast cleaned rectangular area. In areas of removal where excessive gouging has occurred, as deter- - mined by the Engineer, the gouged pavement shall be repaired utilizing a sheet asphalt patch as directed by the Engineer. Full compensation for furnishing and applying ,fog seal coat or sheet asphalt as specified herein shall, be considered as included in. the contract price paid per square foot for remo~~al of traffic, stripe ~~and pavement marking and no seperate payment will be made therefor. llothin in these special provisions shall relieve the Contractor from g . his responsibilities as provided in Section 7-1.09, "Public~Sa~fety," of the Standard Specifications. 7-1.09 CLEARING AND GRUBBING. Clearing and grubbing shall ~:onform D30:61012.22 -22- ~ BD:lh to the provisions in Section 16, "Clearing and Grubbing," of the Standard Specifications and these special provisions. . Clearing and grubbing shall be limited to those areas actually . affected by the planned construction as directed by the Engineer. 7-1.10 DUST CONTROL. It shall be the Contractor's responsibility to prevent a dust nuisance from originating from the site of the work as a result of his operations, or the traveling public, during the effective period of this contract. Preventative measures to be taken by the Contractor sha3.1 include but shall not be limited to the following: 1. ~rJate.r shall be applied to aJ_l unpaved areas as required to prevent the surface from becoming dry enough to permit dust formation. 2. Paved surfaces over which vehicular traffic is permitted to travel shall be kept free of dirt, Temporary suspension of the work, either as a result of order by the Engineer, or as a result of conditions beyond the control of the Contractor shall not relieve the Contractor from his responsibility for dust control as set forth herein. PAYP~IENT. Full compensation for conforming to the requirements of this - article shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor. 7-1.11 EARTHWORK. Earthwork-shall conform to the provisions in Section 19, "Earthwork," of the. Standard Specifications and these special provzs~ons. Section 4-1.05.. "Use of P~laterials Found on the Tr~ork," of the Standard Specifications shall be amended to read ~s follows: .Unless designated as selected material as provided in Section 19-2.07, "Selected r~aterial," 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 bP paid fir 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 160 cubic yards (Option A},~60 cubic yards (Option B) of surplus material which shshall 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 r~aterial Outside the HighwayRight of ~1ay," 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 b?low the grade established by the .Engineer. D30:61012.23 ~ -23- BD:lh k Section 19-3.062, "Slurry Cement Backfill," of the Standard Specifications is deleted and shall not apply to this contract. ~ a The relative compaction limits specified in the second paragraph of Section 19-5.03 "Relative Compaction (95 Percent)," of the Standard- specifications are amended to the limits shown on t!~e plans and typical cross- sections and shall be determined by: California.. Test ~~ethods 216 or 231, or ASTM (current edition} D1557 and one of the following D2922 or D1556. The subgrade must be smooth, uniform and true to the required grade. Impact e~~uipment shall not be used in areas developed with buildings unless authorized by the Engineer. Eituminous surfacing within new median areas shall be excavated. All excavated bituminous surfacing shall be removed and disposed of in accordance with the provisions in Section 7-1.13, "Disposal of Ma~:erial o~.~tside the Highway. Right of tiJay, " of the Standard Specifications. Imported borrow must be clean and free from vegetable matter and other deleterious substances and must conform to the following requirements: Individual Tests Test Method Test Results Sand Equivalent 217 18 min. _ Resistance ~ ~ 301 40 min. (R-Value) The R-Value requirements will be waived provided the imported borrow has a sand equivalent. value of 25 or more. In addition to the above requirements, material located in the upper 0.5 foot below the shoulder surface shall have a suitable gradation to produce a firm and stable surface. MIEASUREMENT AND PAYMENT. Imported borrow will be nnasured by the cubic yard and the quantity to be paid for will be computed in the following manner: (1) The total quantity of embankment will be computed, by the method specified for roadway excavation in Section 19-2.08, "Measurement," of the Standard Specifications on the basis of the planned or the authorized cross-section for embankment as shown on the plans and the measured ground surface. (2} ,The final pay quantity of imported borrow shown on the plans. was determined by computing the quantity of embankment material nec- essary within the new median areas and then adding a quantity of approximately _ 8 cubic yards for the anticipated effect of subsidence and shrinkage due to compaction.. None of the roadway excavation was considered to be designated as suitable by the Engineer for placement within the median. No adjustment will be made in the event that the anticipated subsidence and shrinkage does not equal the actual subsidence and shrinkage. D30:61012.24 -24- ~ BD:lh The estimated quantity of roadway excavation and imported borrow shall be a final pay quantity in conformance with Section 9-1.015 "FINAL PAY QUANTITIES" of the standard specifications. ` 7-1.12 HAZARDOUS WASTE IN EXCAVATION. If the Contractor encounters material in excavation which he has reason to believe may be hazardous waste, as defined by Section 25117 of the Health and Safety Code, he shall immediately so. notify the Engineer in writing. Excavation in t'~e immediate area of the' suspected hazardous material shall be suspended until the Engineer authorizes it to be resumed. If such suspension delays the current controlling operration, the Contractor will bE granted an extension of time as provided in Section 8-1.07, "Liquidated Damages," of the Standard Specifications. If such suspension delays the current controlling operation more than 2 working days, the delay will be considered aright of way delay and the Contractor will be compensated for such delay as provided in Section 8-1.09, "might of 'vday Delays," of the Standard Specifications. The Department reserves the right to use other forces for exploratory _ work to identify and determine the extent of such materi,~l and for removing hazardous material from sucz area. 7-1.13 FINISHING ROADWAY. Finishing roadway shall conform to the- provisions in Section. 22, "Finishing Roadway," of the Standard Specifications and these special provisions. In addition to the conditions, provisions and requirements. of Section 22-1.01, "Description," of the Standard Specifications, the following shall applY• The Contractor shall remove, from all affected areas, whether inside or outside the project limits, all excess and/or objectionable material originating within. the project limits and transported by public traffic or, by the Contractor's operations. The Contractor may use any method, approved by the Engineer, that does not create a dust problem to remove the excess and/or objectionable. material .from the affected arras. However, in residential areas, when a broom 'is used, a self -contained, pick-up type, power broom with water di.stribut.ion system shall be used. PAYMENT. Theffirst 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 t'~e work involved in finishing the ~entire~project, including all ramps, connecting roads anc~ streets, frontage roads, road approac'nes, and ch~annelized . 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 ors 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. D30:61012.25 -25- BD:Ih 7-1,14 AGGREGATE BASE. Aggregate base shall be Class 2 and shall conform,to the provisions in Section 26, "Aggregate Bases," of the Standard Specifications and these special provisions. Aggregate base shall be compacted to 95o rel,~tive compaction. Compaction will be determined by the following test methods: California No. 216, California No. 231, or ASTM (current edition~~ D1557 and one of the following D2922 or D1556. ror verification purposes, the tonnage of compacted aggregate bass will be calculated from the dimensions shown on the plans, adjusted by the amount of any change ordered by t~~e Engineer. 7-1.15 ASPHALT CONCRETE. Asphalt concrete shall be Type Band shall conform to the provisions in Section 39, "Asphalt Concrete," of the Standard Specifications and t'nese special provisions. Asphalt concrete shall be produced from commercial quality asphalt and aggregates. The spreading and compacting requirements in Sections 39-6.02, "Spreading," and 39-6.03, "Compacting," of the Standard Specifications will not apply. The asphalt concrete shall conform to the following requirements: } 1. Asphalt concrete shall be produced at a central mixing plant. 2. A re ate shall conform to the~l/2 inch. maximum me;~ium grading 99 g specified in Section 39-2.02, "Aggregate," of the Standard Specifications. 3. The amount of asphalt binder to be mixed with the aggregate shall be between 5.0 percent and 6.5 percent by weight of the dry aggregate as determined by the Engineer. The fourth through the seventh paragraphs in Section 39-3.03, "Proportioning," of the Standard~5pecifications shall not apply. 4, Asphalt concrete shall bc~ spread with a self -propelled spreader ready for compaction without further shaping. 5. Compaction shall be performed with a tandom roller weighing not less than 8 tons. ~6, The finished surface shall meet the straightedge requirements of Section 39-6.03, "Compacting," of the Standard Specifications. where new asphalt concrete pavement is to conform to existing paved surfaces, the existing pavement shall be saw cut.. The quantity of asphalt concrete to be paid for will be that quantity computed by using the dimensions of the actual area-surfaced multiplied by the thickness specified on the plans for that area and.by a weight of 145 pounds per cubic foot, or the actual quantity placed, whichever is the lesser. 7-1.16 ROADSIDE SIGNS. Roadside signs shall conform to the provisions in Section 56-2, "Roadside Signs," of the Standard Specifications and these special provisions.. D30:61012.26 -26- ~ BD:Ih Miscellaneous roadside signs shall conform to City Standard T-T9. T~lhere sign posts are placed within concrete sidewalk the. sidewalk sha]_1 be core drilled. Roto hammering or other similar methods will be permitted provided that the perimeter of the damaged area is sawcut to the limits required to form a neat finish as directed by the Engineer. MEASUREMENT AND PAYMENT. Miscellaneous roadside'signs shall be paid for at the contract per unit for install roadside signs (GSP Post} . Installation of one or more sign panels mounted on a~single post shall be counted as one roadside sign (GSP Post). 7-1.17 OVERHEAD SIGNS. Overhead signs shall conform to the applicable provisions in Section 56, "Signs," of the Standard Specifications . and these special provisions. \ Mast-arm han ers for street name signs will be furnished and installed by the City. Street name signs will be furnished and installed by City of Eakersfield using mast-arm hanger methods such as Hawkins ~~lOJ Ser-ies swinging sign bracket, with return spring .removed, or acceptable equal. Overhead signs installed on signal poles, mast-arms or on ry f lashing beacon mast-arm shall.bP furnished and installed by the Contractor in accordance with the Mans 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 MISCELLANEOUS CONCRETE CONSTRUCTION. Portland cement concrete curbs, sidewalks, wheelchair ramps, cross drains, drive approaches, drivevaays and miscellaneous construction shall conform to the provisions in Section 73, "Concrete Curbs and Sidewalk," of the Standard Specifications and these special provisions. Quantities of minor concrete (median curb) , Type r~1, 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 . 7-1.19 TRAFFIC DELINEATION. Immediately after resurfacing operations or when directed by the Engineer, replace all obliterated pavement delineation with temporary delineation during the same 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. D30:61012.27 -27- BD:lh Remove temporary delineation applied to asphalt concrete patches immediately prior to applying asphaltic emulsion tackcoat for asphalt concrete. . over lay. A striping plan will be made available to the Contractor when traffic delineation is to be modified by the City. PA`~MENT. 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. 7-1.20 BID OPTIONS. Award will be based upon one of two bid options depending on availability of funding. Option A consists of the work detailed on sheets 1, 2 and 3 of the plans and Option B consists of the work detailed on sheets 1~,2 and 4 of the plans. The work detailed on sheets 1 and 2 is the same for both options. The Contractor shall. submit bids for both options. SECTION 7-2 TRRAFFIC SIGNALS, LIGHTING, SIGNING, AND STRIPING SECTION 7-2 TRAFFIC SIGNALS AND LIGHTING 7-2.01 FOUNDATIONS. Foundations. shall conform to the provisions in Section 86-2.03, "Foundations," of the Standard Specifications and these special . . y provisions. The Contractor shall furnish the anchor bolts, nuts and rashers 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 these special provisions. _ Conduits may be installed by either jacking/drilling or open trench methods.. Installation using jacking or drilling shall conform to Section 86-2,05C, "Installation," of the Standard Specifications. Open trench installation shall conform to the following specifications: 1, Conduit shall be rigid. non----etallic type. Conduit shall be .placed under existing pavement in a trench not to exceed 6 inches in width. Trench shall be cut using a rock saw and all loose uncompacted material shall be removed from the bottom of the trench prior to ~placpr~nt of conduit. The top of the installed conduit shall be a minimum of 12 inches below finished grade. 2. The conduit shall be placed in the bottom of the trench and the trench shall be backfilled with a one (1} sack slurry cement backfill. .Slurry cement backfill shall be placed to within 0.20 feet of the pavement surface. The top 0.20 feet shall be backfilled with asphalt concrete produced from commercial duality paving asphalt and aggregates. D30:61012.28 -28- BD:lh 3. Prior to spreading asphalt concrete-, paint binder shall be applied as specified in Section 39-4.02, "Prime Coat and Paint Binder," of the Standard Specifications. Spreading and compacting of asphalt concrete shall be perforrr~d by any method which will produce an L asphalt concrete surf ace of uniform smoothness, texture, and density. 4. All excavated areas in the pavement shall be backfilled by the end of each work day.' Temporary roadmix or other acceptable temporary surf ace will be allowed on the top 0.20 feet until such a time as the permanent asphalt surface is placed. Dependent upon adverse soil conditions or ot'ner circumstances encountered at the time of construction, the Engineer may specify which of the above methods may be used. 7-2.03 PULL BOXES. Pull boxes shall conform to the provisions in Suction 86-2.06, "Pull Boxes," of the Standard Specifications and these special provsslOns. Recesses for suspension of ballasts will not be required. 7-2.04 CONDUCTORS AND WIRING. Conductors and wiring shall conform to the provisions in Section 86-2.08,."Conductors," and Section 86-2.09, "Wiring," . of the Standard Specifications and these special provisions. CONDUCTORS - The Contractor shall use multi-conductor electrical cables for all circuits except between the service switch and controller cabinet. Only multi-conductor cable conforming to the following shall be used: 5 Conductor cable consisting of S, No. 14 conductors colored leach 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 stri . 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. CONDUCTOR TABLE Insulation Colors a Signal Phase Circuit or. Function Base Stripe 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 Purple 2p & 6p Red, Brown 2 .Black Pedestrian 4p & 8p Red, Brown 2 Orange Signals lp & 5p Red, Brown 2 Silver D30:61012.~29 -29- BD:lh . 3p & 7p Red, Brown 2 Purple 2p & ~p Blue Black Pedestrian 4p & 8p Blue Orange . Push Buttons lp & 5p , Blue Silver 3p & 7p ~ Blue Purple Pedestr. ian . Push Buttons ~~hite Black Common Signal ~lhite None Railroad Pre-e tion Black Red Spare Black None Thp cable sheath shall be polyethylene and the conductor insulation shall be Type ~ THv~~1 polyvinyl .chloride . . Conductors shall be spliced by the use of "C" shaped compression connectors as shown on Standard Plan E5 13. J Splices shall be insulated by "l~iethod 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. Amps Phase Volts Branch r~etered 1 60 1 110 Traffic Signal Yes 2 30 1 110 Lighting No *3 30 1 110 Flashing Beacons. Yes * Provided where flashing beacon is included with the traffic signal. The Engineer will arrange with the serving utility to complete service connections to service points shown on the plans and will pay all required costs and fees required by the utility. 7-2.06 TESTING. Testing shall conform to the provisions in Section 86-2.14, "Testing," of .the Standard Specifications and these special provisions. The signal shall not be placed in flashing mode, with signal faces uncovered, prior to Functional Testing. FUNCTIONAL 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 SECTION 4, "BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES" of these special provisions. D30:61012.30 -30- BD:lh 7-2.07 SIGNAL 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 ~~Iounting ,.Assemblies," of the Standard Specifications and these special provisions. Housing,, visors, directional louvers and Backplates shall not be z, structural plastic. All lamps fo.r traffic signal units shall be furnished by the Contractor. All signal faces shall be provided with 12-inc}1 sections. The third sentence of the first paragraph of Section 86-4.06, "Signal Mounting Assemblies," of the Standard Specifications, shall be amended to read as follows Slip-fitters and terminal compartments. shall be cast bronze or hot-dip galvanized ductile iron. . 7=2.08 PEDESTRIAN SIGI`3ALS. 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 y equivalent to Indicator Controls Corporation ~~odel 4094B1 7-2.09 LUMINAIRES. Luminaires shall conform to the provisions in Section 86-6.01,. ":~iigh 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 T~~pe IV photoelectrical . control. 7-2.11 CONTROLLERS, CABINETS AND AUXILIARY EQUIPMENT. The City will furnish the controller and cabinet assembly for each location. 7-1.12 DETECTORS. Detectors shall conform to the provisions in Section 86-.5, "Detectors," of the Standard Specifications end 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. D30:61012.31 -31- BD:lh After conductors are installed in slots cut in the pavement, the slots shall be filled with epoxy sealant conforming to the requirements in Section 95-2.09, "Epoxy Sealant for Inductive Loops," to within 1/8 inch of the pavement _ surface. The sealant shall be at least 1/2 inch thick above the top conductor in the saw cut. Before setting, surplus sealant shall be removed from the adjacent road surfaces without the use of solvents. In lieu of the epoxy sealant specified above, slots may be filled with either of the following materials: 1. An elastomeric sealant conforming to the following: The sPalan~ shall be a polyurethane material of a composition that will, within its stated shelf life, cure only in the presence of moisture. Sealant shall be suitable for use in both asphalt concrete and Portland cement concrete. The cured sealant s',nall have the following performance characteristics: Measuring Standard Property and Results And Conditions Hardness (indentation) - 65-85 ASTM D 2240 Res. T~~pe A, ~~odel 1700 77° F. (25° C.) 50o relative humidity. Tensile strength - 500 psi, min. ASTM D 412 Die C, pulled at 20 IPTt2. Elongation - 4000, minimum ASTri D 412 Die C, pulled at 20 IPM. Flex at - 40° F. - no cracks 25 mil Free Film Bend (180°} over 1/2" ~~andrel. ti~eathering Resistance - Slight AST~~~ D 822 ~~eatherometer 350 Hrs. Chalking Cured 7 days at 77° F. (25° C.) 50a relative humidity. Salt Spray Resistance- 500 psi, ASTM B 117 28 days at 1000 F. (38° C.) minimum Tensile; 400%, minimum 5o NaCl, Die C, pulled at 20 IPM. elongation Dielectric Constant - Less than ASTM D 150. 25o change .over a temperature range of -30° ~C. to 50° C. 2. Asphaltic Emulsion Inductive Loop Sealant shall conform to Statp of California Specification 8040-41A-15. Loop conductors shall be installed without splices and shall terminate in the nearest pull box. The loops shall be joined in the pull box in combination of series and parallel so that optimum sensitivity is obtained at the sensor unit. Final splices between loops and lead-in cable shall not be made until the operation of the loops under a^tual traffic. conditions is approved. by the Engineer. All loop conductors for each direction of travel for the same phase of a traffic signal system, in the same pull box, shall be spliced to a cable which shall ~be run from the pull box adjacent to the loop detector to a sensor unit mounted in the controller cabinet. Splices to the cable shall be made in pull boxes only. D30:61012.32 -32- BD:lh A11 loop conductors for traffic counters shall terminate in a pull box or terminal strip in the traffic count station cabinet when such a r..abinet is installed. . Conductors for inductive loop traffic: signal and traffic counting installations shall be identified and banded, in Hairs, by lane, in the pull box adjacent to the loops and near the termination of the conductors ~in the controller_ or traffic count station cabinet. Viands shall conform to the provisions in Section 86-2.09, ""~liring." Identification of. each conductor pair sha~_1 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 dap, Catalog No. TY5532 or approved equal). If asphalt concrete surfacing is to be placed, the loop detector conductors shall be installed prior to placing the uppermost layer of asphalt concrete. The conductors shall be installed, as shown on the plans, in the compacted layer of asphalt concrete immediately below the uppermost layer. Installation. details shall be as shown on the plans, except the epoxy sealant shall fill the slot flush to the surface. I~tector loops in concrete pads shall be pealed with epoxy sealant. Loop detector lead-in cables shall conform to the provisions in Section 86-5.O1A (4), "Construction ~~Iaterials," of the Standard Specifications and these special provisions. Loop detector lead-in cables shall be T~~rpe B, and shall conform to the following: 1. All spade connectors used to attach to terminals inside the controller cabinet shall be crimped and, soldered to the conductor. 2. Loop wires in the pull box shall be twisted at a minimum rate of 5 turns per foot, and the splice must be soldered and completely waterproof. Connect one end of the shield to earth ground (at cabinet) and. insulate the other end with no possible path to earth ground. 7-2.13 GUARANTEE. The Contractor shall furnish a written guarantee to the. City on the form attached, guaranteeing all systems, except traffic aignal lamps, installed under this contract for a period of one (1~) year_ from the date of acceptance of the work. The guarantee, proper?y executed, sha]_1 be filed with the City before notice of completion and final acceptance~is made by the City of the work described on the plans. and these special provisions. 7-2.14 PAYMENT. Payment for signals and lighting shall conform to .the provisions in Section 86-8, "Payr~nt", of_ the Standard Specifications and these special provisions. Full compensation for cast-in-drilled hole concrete pile foundations shall be considered. as included in the contract lur~p sum price paid for the item requiring foundations and no separate payment will~be made therefor. D30:61012.33 -33- BD:wrn STATE OF CALIFORNIA 4 Specification Asphaltic Emulsion Inductive Loop Sealant 1.0 SCOPE ~ , This specification covers a one component, pourable sand filled, asphaltic emulsion for use in sealing inductive wire loops and leads imbedded in asphalt and Portland cement concrete. This sealant is suitable for use in freeze-thaw environments. 2.0 APPLICABLE SPECIFICATIONS The following specifications, test methods and standards in effect on .the opening date of the Invitation to Bid form a part of this specification where referenced: American Society for Testing and .Materials D2939, D2523 California Test Method No. 434 .California Department of Transportation Standard Specifications 1985 State of California Specifica~ion 8010-XXX-99 Inspection, Testing and Other. Requirements for Protective Coatings Code of Federal Regulations, Hazardous Materials and Regulations .Board, Ref.. 49CFR. 3.0 REQUIREMENTS . 3.1 Composition :The composition of the loop sealant-shall be a sand filled, pourable, water emulsified bitumen. It will be the manufacturers responsibility to roduce a one--component product to meet the properties specified. p herein. 3.2 Characteristics of the Sealant 3.2.1 Residue b eva ration, weight percent 70 .Minimum y ~ Use ASTM D2939 3.2.2 Ash content, weight percent ~ 50 to 65 Use ASTM D2939 D30:61012.34 -1- BD:lh As haltic Emulsion Inductive Loop Sealant 8040-41A-15 P 3.2.3 Firrn set time, hours, 4 maximum test at one hour intervals, use ASTM D2~3 3.2.4 3rookfield viscosity, Poise 50 to 125 RVT Spindle ~3, 10 RPP~2 at 75 + 2°F. . 3.3 Properties of the Dried Film 3.3.1 Flexibility, No full depth Use ~STM D2939, except ai.r dry spa~;imens to cracks constant weight at 75 + 5°F. and 50 + 10 o rel,~t~.ve humidity. Condition mandrel and specimens 2 hours at 75 + 2°F before test. Use aluminum panels, 0.03 inches . thick ~Q panel or. equal} . 3.3.2. ..Tensile Strength, psi, ~ 20 minimum cast shc~ets 0.25 inches thi~:k and air dry at 75 + 5°F, 50 + loo relative humidity for minimum of 16 hours. Load rate 0.05 inches/minute, use AST~~i D2523. Elon anon o ~ 2.0 minimum 3.3.3 g Same conditions as 3.3.2 use AS~I D2523 3.3.4 Slant-shear strength to concrete, psi, 150 minimum,, Use California .Test ~-lethod r1o. 434, Part VIII. S~~ace with no loss - da blocks with 0.25 inches between slant faces, seal of adhesion to sides and bottr~m with taps-and fill with the well stirred concrete sar~ale, strike off. the excess. Dry in 140°F oven to .constant weight and condition l day at 75 + 2°F be.f~re testing. Load rate to be 5000 lbs/minute .5 Resistance to water No blistering, 3.3 Use AST.~1 D2939, Alternative B ~ re-emulsification or loss of adhesion 3.4 workmanship 3.4.1 The sealant shall be properly dispersed and any settling shall be easily redispersed with minimum resistance to the sideways manual motion of a paddle across the bottom of the container.. It shall form a smooth uniform roduct of the proper consistency. If the .material p ~ L ~ ~ - ement as described cannot be easily reda.spersed due ~.o excess~v_ s~.ti.l above or due to an other cause, the sealant shall be considered unfit y for use. D30:61012.35 --35- ~ DD:lh Asphaltic Emulsion Inductive Loop Sealant 8040-41A-15 n 3.4.2 The sealant shall retain all specified properties under normal storage conditions for i2 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 re lacement material, as specified in Paragraph 3.0, shall remain p satisfactory for 12 months fror~ date of acceptance and .delivery. 3.4.3 The sealant shall comply with all air pollution control rules and regulations within the State of California in effect at the time the sealant is manufactured. 4.0 QUALITY ASSURANCE PROVISIONS 4.1 Inspection This material shall be inspected and tested in accordance with State of California Specification 8010-XXX-99, or as otherwise deemed necessary. 4.2 .Sampling and Testing R Unless otherwise ermitted by the Engineer, the material shall be P sampled at the place of manufacture and application will not be rmitted 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 s ecif ied in the-purchase order or contract. If ordered in ~5 gallon P size the containers shall be new, round standard full open head with bails,.shall be nonreactive with the contents, and shall have co atible gaskets. The containers shall comply with the U.S. De artment of Transportation or the Interstate Commerce Commission : P regulations, as applicable. 5.2 ~~arking All containers of material shall be labeled showing Statz s cif ication number rnanuf acturers 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 hoard, Reference 49 CFR. D30:61012.36 -3- BD:lh As haltic Emulsion Inductive Loop Sealant 8040-41A-15 P 6.0 NOTES 6.1 Directions for Use S Saw cuts shall be blown clean with compressed air to remove excess wa e.r and debris. The sealant must be thoroughly. stirred before use and hand ured 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, e ui ment, devices, or processes used on or incorporated in q p 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 Certificate of Compliance with each batch of sealant, in accordance with the provision of Section 6-1.07 of California Department of Transportation Standard Specifications, January 1988.. D30:61012.37 -4- BD:lh ~ C NEW CURB EXIST. TREE 10' 10' ROOT GUARD BARBER TYPICAL P~A~I VIEW • ~ OF MED AN 2, 6, ROOT GUARD MAT'L ~UBP-24 EXISTING TREE I TO REMAIN NEW MEDIAN CURB J w ~ II EXIST. CURB TO 2" ~i~ iii ~i/ . ~ BE REM01/ED ~ ~ - , i ~ / iii r , ^ , ~ J O ~ MAX EXISTING ROOTS LIMITS OF AREA FOR HORIZONTAL . ROOT ~MODIF CATION . TO BE USED ADJACENT TO TREES ON SIDE OF TREE -WHERE MEDIAN WIDTH IS REDUCED . DATE Z 5 91 TREE MAINTENANCE DETAIL DRAWN FOR TRAFFIC SIGNAL @ e~~ CHECKED TRUXTUN AVE & "N" ST • • scA~EN TS APPROVED SHEET N0, CITY 4F BAKERSFIELD 1 OF 1 CALIFORNIA ciTY ENCiNEER ENGINEERING DEPARTMENT PROPOSAL FOR TRAFFIC SIGNAL ON "N" STREET AT TRUXTUN AVENUE To the City Clerk of the City of Bakersfield: The undersigned, as bidder, declares that the only persons or parties A interested in this proposal as principals are those named herein; that this pro- posal is made without collusion with any other person, firm or corporation; that he has carefully examined the location of the proposed work, the annexed pro- - posed form of contract and the plans therein referred to; and he proposes and agrees if this proposal is accepted,, that he will contract with the City of Bakersfield, in the prescribed form of contract hereto annexed, to provide all necessary machinery, tools, apparatus and other means of construction and to do all the work and furnish all the materials in accordance with the plans and spe- cif ications for the above, filed in the 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 requirements of the Engineer as therein set forth, and that he will take in full payment therefor the unit prices or lump sums set forth in the following schedule: The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within ten (10) days, not including Sunday, after having received notice that the contract is ready for signature, the proceeds of the check or bid bond accompanying his bid shall become the pro- pe~ty of the City of Bakersfield. Bidder acknowledges receipt of the following addendum: OPTION A ITII~I ESTIMATED UNIT OF ITEM UNIT PRICE EXTENSION N0. QUANTITY ~J~ASURE (in figures) PRICE (in f i ures } 1. 2,100 SF Remove Traffic Striping and Marking 2. ~ 6 EA Maintain Tree SIGNED: Bidder Company Address City State Zip Code } Area Code Telephone Number License No. and Expiration Date THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PENALTY OF PERJURY . D30:61012.38 Page 1 of 3 ~ BD:lh TRAFFIC SIGNAL ON "N" STREET AT TRUXTUN AV,'ETJUE OPTION A ITEM ESTIMATED UNIT OF ITEM UNIT PRICE EXTENSION N0. QUANTITY MEASURE (in figures) PRICE (in f i ures ) 3. 1b0 CY ROADWAY EXCAVATION 4. 88 CY Imported Borrow 5. 86 TONS Aggregat? Base, Class 2 6. 62 TONS Asphalt Concrete, T~~pe B 7. 1,080 LF Minor Concrete (Median Curb, T~~pe P~~7) 8. 19 ~ -EA Install Roadside Signs (GSP Post) 9. LS LS Traffic Signal and Lighting System OPTION A $ TOTAL - SIGNED Bidder D30:61012.39 • Page 2 of 2 BD . lh ,3 1 t ~1 TRAFFIC SIGNAL ON "N" STREET AT TRUXTUN A~J"ENUE OPTION B a ITEM ESTIMATED UNIT OF ITEM UNIT PRICE ~ EXTENSION N0. QUANTITY MEASURE (in figures) ~ PRICE (in f i ures ) 1. 2,100 SF Remove Traffic y Striping and Marking 2. 6 EA Maintain Tree 3. 60 CY Roadway Excavation 4. 30 TO~1S Aggregate Base, Class 2 5. 22 T0~1S Asphalt Concrete, ~e B K 6. 345 LF Minor. Concrete (Median Curb, Type M} r 7. 19 EA Install.Roadside Signs (GSP Post} 8. LS ~ LS Traffic Signal and Lighting System. OPTION B $ TOTAL SIGNED Bidder D30:61012.40 Page 2 of 3 BD:lh The Extension Price has been calculated by multiplying the Estimated Quantity by the Unit Price. In the case of lump sum items, the Estimated Quantity shall be unity. The .Bid Total is the sum of all Extension Prices. Bidder agrees that in case of any discrepancy between the Unit Price (s} and the respective Extension Price (s} and/or the Bid Total, the Unit Price (s} shall W prevail, and the bid submi~ted shall be~the correctly computed sum of all correctly computed Extension Prices, provided, however, if the amount set forth _ as a Unit Price is unintelligible or Omitted, then the amount set forth in the Extension Price column for the item shall be used to determine the correct Unit Price in accordance with .the following: ~(1} As to lump sum items, the amount set forth in the Extension Price column shall be the Unit Price. (2} As to unit basis items, the amount set forth in the Extension Price column shall be divided by the estimated quantity for the item and the price thus obtained shall be the Unit Price. LIST OF SUBCONTRACTORS All persons or parties submitting a bid proposal on the project shall complete the following form, setting forth the name and the location of the mill, shop or office of each subcontractor .who will perform work or labor or render. service to the Contractor in or about the construction Of the work or improvement .in excess of one-half of one (1~} percent of prime Contractor's total bid, or TEN. THOUSAND DOLL~~RS ($10,000), whichever is greater, and the portion of the work which-will be done by each subcontractor. This list is to be completed and submitted with said bid proposal. Subcontractor's Name Description of portion and Street Address (City, State, Zip) of work subcontracted ~w~ ■ ■ ~ (attach additional sheets if needed) If this proposal is accepted and the undersigned fails to execute the aforesaid contract and to provide surety bonds and evidence of insurance acceptable to the City as is required within eight (8) days, not including Saturdays, Sundays and legal holidays, after the bidder receives notice from the City that the contract is ready for signature, the City may, at its option, determine that the bidder has abandoned the bid proposal and the bidder's security shall be forfeited and shall become the property of the City. City shall then be free to accept the bid of another bidder. D30:61012.41 BD:lh [This form shall be completed by all Bidders and submitted with the Bid) TIE~'F' IC S IG~~1AL ON "N" STREET AT TRUXTUN AVE~JUE NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss: County of ) being first duly sworn, deposes and Name says that he or she is of Title Company the party making the foregoing bid that the bid is not made in the interest of_, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder; has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put. in a sham bid, or that anyone shall refrain from bidding; that the bidder has .not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid. price of the bidder or any other bidder, or to fix any overhead, prof i t, or ;cost element of the bid price, or of that of any other bidder, on to secure any advantage against the public body awarding the. contract of anyone interested in the proposed contract; that all statements contained in the bid. are true; and,, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or_the contents thereof, or divulged information or data relative thereto, or paid, and will not pay,. any fee to any corporation, partnership, company, association, organization, bid depository,. or to any member or agent thereof to effectuate a collusive or sham bid. " Signature of Bidder Business Address Place of Residence Subscribed and sworn to before me this day of , 19 - D30:61012.42 BD:lh Accompanying this proposal is NOTICE: Insert the words "cash "cashier's check," "certified check," or "bidder's bond," as the case may be7, in amount equal to at least ten percent of the total of .the bid. The names of all persons interested in the foregoing proposal as principals are as follows IMPORTANT NOTICE If bidder or their interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last na~~tes in full. Licensed in accordance,. with an act providing for the registration of Contractor's, License No. SIGN HERE Signature of Bidder NOTE--If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a copartnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the copartnership; and if bidder is an individual, his signature shall be placed above. If signature is by an agent, other than an officer of a corporation or a member of a partnership, a Power of ,Attorney. must be on file with the City Clerk of the City of Bakersfield prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. Business Address Telephone No. Place of Residence Dated 19..... D30:61012,43 BD:lh BIDDER'S BOND TO ACCOMPANY PROPOSAL (Not necessary if cash or certified check is with bid) KNOW ALL MEN BY THE5E PRESENTS: That we as principal, and v as surety, are held and firmly bound unto the City of Bakersfield, a body politic and corporate of the ,.State of California, in the sum of dollars to be paid to said City, for which payments, well and truly to be made; we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH: That if the certain proposal, hereunto annexed, to construct s in the City of HakPrsfield as referred to in the NOTICE TO CONTRACTORS attached hereto, is accepted by the Council of said City and if the above bounden principal, heirs, executors, administrators, successors and assigns, shall duly enter into and execute a contract, to construct said improvements aforementioned, and shall execute and deliver the two bonds required by law, within ten days (not including Sunday) from the date of a notice to the above bounden principal, that said contract is ready for execution, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. IN WIT~JESS WHEREOF, we have hereunto set our hands and seals this day of 19 (Seal} (Seal} (Seal) D30:61012.44 Page 1 of 2 BD:lh STATE OF CALIFORNIA ) ss. COUNTY OF On this day of 19......, before me, a notary public in and for the County of State of California, personally appeared / / personally known to me / /proved to me on the basis of satisfactory evidence to be the person whose .name is subscribed to the within instrument as the Attorney in Fact of and acknowledged to me that he subscribed the name of ...........................................thereto as surety, and his own . name as Attorney in Fact. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary. Public in and for -said County and 5t~te D30:61012,45 Page 2 of 2 BD:lh GUARANTEE TRAFFIC SIGNAL EQUIPNI~IT a CITY OF BA.KERSFIELD Department of Public Works 1501 Truxtun Avenue, Annex Building Bakersfield, California 93301 In accordance with the terms of Contract No. ,.for: TRAFFIC SIGNAL ON "N" STREET AT TI~UXTIJN A~IENUE , awarded on ~ , between the City of Bakersfield (hereinafter referred to as the City7, and the undersigned, which contract provides for the . installation of lighting .and/or traffic signal system , and under which contract the undersigned has furnished and installed such system, the following guarantee of the said system is hereby made. Should any of the equipment installed pursuant to said contract, except lighting elemAnts, prove defective or should the system as a whole prove defective, due to faulty workmanship, material furnished, or method of installa- tion, or should said system or anj~ part thereof fail. to operate properly, as planned, due to any of the above causes, all within (1) year after date on which said contract is accepted by-the City, the undersigned agrees to reimburse the City, upon demand, for its expenses .incurred in restoring said systems to the condition contemplated in said contract, including the cost of any equipment or materials replaced, or, upon demand by the City, to replace an1r such equipment and repair said systems completely without cost to the City, so that they will operate successfully as originally contemplated. The City shall have the option to make any needed repairs or replace- menu itself or to have such replacements or repairs done by the undersigned. Prior to such replacement or repair work being done by the City; the undersigned . shall have the option to make any .needed repairs or replacements. In the event the City elects to have. said work performed by the undersigned, the undersigned agrees that the repairs shall commence to be made and such materials as are nec;- essary shill commence to be furnished and installed within Twenty-Four (24) hours of .the date specified in the City's written notification. Contractor shall prosecute with due diligence to complete the work within a reasonable period of time, as specified in the City's written notification. Said system will be deemed defective within the meaning of this guar- antee in the event that they fail to operate as originally intended by the menu- . facturers thereof and in accordance with the plans and specifications included in said contract. Date Contractor's Signature Firm Address . D"30:61012,46 BD:lh GUARANTEE MATERIAL AND WORKMANSHIP u CITY OF BAKERSFIELD Department of Public tiVorks 1501 Truxtun Avenue, Annex Building Bakersfield, CA 93301 In accordance with the terms of the Contract for: TRAFFIC SIGNAL ON "N" ST]~EET AT TRUXTUN AVENUE , awarded on between the City of Bakersfield (hereinafter referred to as "City"), and, the undersigned, which contract provides for the installation of TRAFFIC SIGNAL ON "N" STREET AT TRUXTUN AVENUE , and other facilities and under which contract the undersigned has installed such facilities, the following guarantee of the said facilities is hereby made: when the project is completed and ,accepted, we guarantee the same to be free from imperfect workmanship and/or materials, and we agree to repair and/or replace at our own cost and expense, any and all such work, and/or materials which may prove defective in workmanship or materials within a period. of one (1) year from the date of acceptance of the above named construction project, ordinary wear and tear or neglect excepted. ~Ve 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... , ~~~ithin twenty-four (24) hours after being notified in writing by the City or the City's representative, or the agent of either of them, of any defects in said. work or materials, we agree to commence and prosecute with due diligence, all work necessary to fulfill the terms of this guarantee and to complete the work within a reasonable period of time, and in the event of our failure. to so comply, we collectively and expressly do hereby authorize the City , and/or the City's representative, or the agent.of either of them, to proceed to have such work done at our expense and we will honor and pay the cost and charges therefor upon demand. This guarantee is made expressly for and runs to the benefit of both the City of the above mentioned construction project and the City's representative, and shall be enforceable by either of them. DATED Contractor's Name Authorized Signature. D30:61012,47 BD:lh HOLD I~~RNiLESS AGENT CITY OF BAKERSFIELD i IT~IS HEREBY AGREED that ► agrees to indemnify .~.nd, hold harmless the City of Bakersfield, its agents, employees or any a, r' other persons against loss or expense including attorneys fees, by reason of the liability reposed by law upon the City, except in cases of the City's sole negligence.,;, ,for damage because of bodily injury, including death at any time Y resulting therefrom, sustained by any person or persons, or on account of damage to property arising out of or in consequence of (agreement name ) IT IS FURTHER ,UNDERSTOOD AND AGREED that .the Contractor shall (at the o tion of the City), defend the City of~T3akersfield with appropriate counsel and p shall furt'ner bear all costs and. expenses, including the. expense of counsel, in n the defense of any, suit arising hereunto. 1 DATED Contractor's Name Authorized Signature y, ~ y f r D30:61012,48 ~ , ~ ~f CONTRACT NO. TRAFFIC SIGNAL ON "N" STREET AT TRUXTUN A~IENUE CITE OF BAKERSFIELD THIS AGREEMENT, made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, hereinafter r~allad "City," and ,hereinafter called "Contractor"; WITNESSETH: WHER~~AS, City has, duly advertised, for sealed proposals for within the City of Bakersfield. On ,the contract was awarded to Contractor upon his properly executed bid;~and . WHEREAS, one of the conditions of said award required a formal contract to be executed by ,and between City and Contractor. NC1W, THEREFORE, it is~mutually agreed by and between the parties hereto as follows:. Y ARTICLE I Contractor agrees to furnish supplies., equipment, lak~or anc~ materials for within the City of Bakersfield. ARTICLE II The following shall be deemed to be part of this contract as if fully set forth herein: 1. Notice to Contractors 2. Special Provisions . 3. Bid Proposal . J4. Bidder's Bond 5. Performance Bond 6. Material and Labor Bond 7. Letters of transmittal, if any 8. All provisions required by law to ~e inserted in this contract whether actually inserted or-not. 9. Hold Harmless Agreement _ 10. Current. P'~1 (if required by Specifications) . D30:61012,49 -1- BD:lh IN WITNESS~WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. "CITY" "CON'.I'RACTOR" CITY OF BAKERSFIELD By By CLARENCE E. MEDDERa, Mayor APPROVED AS 'I'0 FORM: By . City Attorney b APPROVED AS TO CONTENT: By Public Works Director a COl'JNTERS IGNED By ~ . Finance Director D30:61012.50 -2- BD:lh [To be completed by the Contractor, if he elects to substitute securities in lieu of retentions . ESCROW AGREEMENT ° FOR SECURITY DEPOSITS IN LIEU OF RETENTION THI5 ESCROW AGREEMENT is made and entered into by and between whose address is hereinafter called "owner", whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent". For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: 1. Pursuant to Section 22200 of the Public Contract Code of -the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the-Owner and Contractor for in the amount of dated ~ (hereinafter referred to as the "Contract"~. when Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within ten~(10) days of the deposit. The market value of the securities at the time of the substitution shall beat least equal to the cash amount then required to be withheld as retent-ion under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of and shall designate the Contractor as the beneficial owner. 2. The Owner shall make progress payments to the Contractor. for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent hold securities in the form and amount specified above. 3. Alternatively, the Owner may make payments directly to Escrow. .Agent in the amount of retention for the benefit of the owner until such time as the escrow created hereunder is terminated. D30:b1012.51 -1- BD:lh . 4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the escrow account. These expenses and payment terms shall be determined by the Contractor and. Escrow Agent.. V 5. The interest earned~on the securities or the money market accounts held in escrow and all interest earned~on~that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Uwner. 6. Contractor shall havA the right to withdraw all or any part of the prin~~ipal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought- to be withdrawn by Contractor. 7. The Owner shall have aright to draw upon the securities in the event of default by the Contractor. Upon seven (7} days' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall. distribute the cash as instructed by the . Owner. 8. Upon receipt. of written notification from the Owner certifying. that the Contract is final and complete; and that the Contractor has complied with all requirements and procedures applicabh to .the Contract, Escrow Agent shall release to Contractor. all securities and interest. on deposit less-escrow fee3 and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. ..Escrow Agent shall rely on the written notifications from the Owner and the~Contractor pursuant to Sections to (6}, inclusive, of this agreement and the owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above. 10. The names of the. persons who are authorized to give written notice or receive written notice on behalf of the Owner and on behalf of Contractor. in connection with the foregoing, and exemplars of their respective signatures, arQ as follows: On behalf of Owner: On behalf of Contractor: Title Title Name Name Signature Signature Address Address D30:61012.52 -2- BD:lh On behalf of Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the Owner and Contractor sha~.l deliver to the Escrow Agent a fully executed counterpart of this Agreement.. IN WITNESS WHEREOF, the parties have executed this Agreer~nt by their proper officers on the date first set forth above. OwnerContractor Title _ Title Name ~ Name Signature Signature N~1'E1, THIS PART SHALL REMAIN IN ElE'FECT ONLY UNTIL JANUARY 1, 1992, AND AS OF THAT DATE IS REPEALED, UNLESS A LATER ENACTED STATUTE, WHICH IS CHAPTERED ON OR BEFQRE JANUARY 1, 1992, DELETES OR EXTENDS THAT DATE. D30:61012.53 ~-3- BD:lh FAITHFUL PERFORMANCE-BAND KNO~J ALL MEN BY THESE PRESE~~ITS, THAT, wHER~~AS, the CITY OF BAKERSFIELD, California, a municipal corporation, hereinafter designated the "Owner," has, on 19 awarded to ~ a corporation organized and doing business under and by virtue of the laws of the State of California, hereinafter designated as the "Principal," a contract for the and wHER1~AS, said Principal is required under ,the terms of said contract to furnish a bond for- the faithful performance of said contract: NCJW, THEREFORE, WE, the Principal, and , as Surety, are held and firmly bound unto the Owner in the sum of (100% OF AMOUNT AWARDED AT COUNCIL MEETING) lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above mentioned Principal, his or its heirs, executors, administrators, successors or assi ns g , shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and a reements in the said g 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 indemnif and Y 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 i~s brou ht on g 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 completion and acceptance of the said work, during which time if the above mentioned Principal, his or its heirs, executors administrators, successors, or assigns shall fail to make full, complete,. and satisfactory repair and replacements or totally protect the said Owner from loss of damage made evident during said period of one year from the date of acceptance Of said work, and resulting from or caused by defective materials and/or faulty workmanship in the prosecution of the work done, the above obligation in the said amount shall remain in full force and effect. However anything in this paragraph to the contrary notwithstanding,. the obligation of the Surety hereunder shall continue so long as any obligation of the Principal remains. D30:61012.54 Page 1 of 2 DB:lh And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any. such change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2945 of the Civil Code of the State of California. As a part of the obligation secured hereby and in addition to the amount specified therefor, there shall be included costs and reasonably expenses and fees, including reasonable attorney's fees, incurred by the Owner in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their seals this day of the. name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Principal By. (Seal) Signature for.Principal Title. Surety By• (Seal) ~ ,Signature for Surety Ti (Attach notarization form for each required signature.) D30:61012.55 Pa e 2 of 2 ) BD:lh 9 MATERIAL - LABOR BOND KNOW ALL MEN BY THESE PRESENTS,~THAT, WHEREAS, the CITY OF ~3 BAKERSFIELD, County of Kern, State of California, hereinafter designated the "Owner," has, on (DATE OF COUNCIL MEETING) , awarded to (NA,'~E OF CONTRACTOR) hereinafter designated as the "Principal," a contract for the construction of TRAFFIC SIGNAL ON "I~1" STREET AT TRUXTUN AVENUE WHEREAS, said Principal is required to furnish a bond in connection and with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth: . NaW, THEREFORE, WE, the Principal, and (LEAVE BLANK FOR BONDLNG COMPANY) , as Surety, are held and firmly bound unto the. Owner the penal sum of (50o OF A~~OUNT AWARDED AT COUNCIL HEFTING} dollars ) lawful money of the United Stites, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these . presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his om its heirs, executors, administrators, successors, or assigns,. shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of-the work contracted to be done, or for any work or labor thereon of any kind or for any amount due under the Unemployment Insurance Code with respect to work. or labor performed under the contract, or for any amounts-due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with .respect to such work or labor, as required by the provisions of Chapter III, Division V, Title I of the Government Code of the State of California, or with respect to any work or labor for which a bond is required by the .provisions of Sections 3247 through 3252 of the Civil Code of the State of California, and provided that the persons, companies, or corporations so furnishing said materials, provisions, or other supplies , appliances, or power use, in, upon, for, or .about the performance of the work contracted to be executed or performed, or any person who performs work or ~.abor upon same, or any person who supplies both work and materials, thereto-, shall have complied with the provisions of said Civil Code, then said Surety ~aill pay. the same in or to an amount not exceeding the amount herein~above 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. D30:61012.56 1 BD:lh This bond ,shall inure to the benefit of the Owners and any and all persons, companies, and corporations and their respective assigns entitled to file claims under applicable State law, including, but not limited to, California Civil Code Section 3181, so as to give aright of action to them or their assigns. in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no 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 thin 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 on 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 W~iEREOF, 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 and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. ~ Principal (Seal) Signature for Principal Title Surety (Sea17 Signature for Surety Title D30:61012.57 2 BD:lh Tf'~is farm should be sent to the Joint Apprenticeship Committee of the craft or trade in the area of the si;` cf the public work. If you have any questions as to the address of the appropriate P U B L~ C WO~R KS Joint Apprenticeship Committee, contact the ,nearest office of ~~he Division of Apprenticeship Standards ~oAS~. Consult ,your CONTRACT AWARD 1NFC~RMA.TlON elephone directory under California, State of, , Industrial Relations, for the DAS office in your area. ,NAME OF CONTRACTOR ~ CONTRACTOR'S STATE LICENSE N0. CONTRACTOR'S MAILING ADDRESS - NUMBER b 5TREET, CITY, ZIP CODE !AREA LADE ~ TB.EPHONE N0. .I NAME & LOCATION OF PUBIJC WORKS PROJECT ~ GATE OF CONTRACT AWARD ' ~ DATE OF EXPECTED OR ACTUAL START OF PROJECT NAME ~ ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT ` ES"~1MATFfl NUMBER OF JOURNEYMEN HOURS APPRENTICES OCCUPATION OF APPRENTICE ~ NUMBER TO 8E EMPLOYED ! APPROXIMATE DATES 70 8E EMPLOYED Check One Of The Boxes Below: ` box 1 INe request dispatch of apprentices}-.for this job. We voluntarily choose to comply with the applicable Joint a . Apprenticeship Committee Standards. for the duration of this job .only, in training the apprentices}. We assume no other obligations to the committee or unions under State or Federal laws. -Box 2 We request dispatch of apprentice(s) for this job. We do not wish to follow the applicable Joint ❑ , .Apprenticeship. Committee Standards m training. the apprentices; instead, we agree to employ and train apprentice(s) in accordance. with the California .Apprenticeship .Council regulations governing employment. of apprentices on public work projects. We assume no other obligations to the. committee or unions under State or Federal laws. Box 3 ~ We are already approved to train apprentices by the applicable Joint Apprenticeship Committee and, we will employ and train under the Standards.. gox ~ We do not request the dispatch of apprentices} since apprentices are not required on -this job under the provisions of California Labor Code Section 1177.5, ,because.; _ - Signature . FYP~ Name _ _ - Title Date - State of California Department of Industrial Relations oas ,ao (New ~~90~ DIVISION OF APPRENTICESHIP STANDARDS r p I ; M rr-