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HomeMy WebLinkAbout1991 Special Provisions Project 61018I COPY N0. . CITY OF BAKERSFIELD CALIFORNIA NOTICE TO CONTRACTORS SPECIAL PROVISIONS BID PROPOSAL AND CONTRACT FOR ' - § § TRAFFIC SIGNAL ON § § WHITE LANE AT WILSON ROAD 4~,, § ~ ~ § BID OPENING: DATE MAY 23, 1991 TIME 11.:00 A.M. PROJECT NO. 61018 ~~SSI N ~ 9 2 s~~ N4. ii91 ~ DEPARTMENT OF PUBLIC WORKS ~a-,. CITY OF BAKERSFIELD 1501 TRUXTUN AVENUE ~ ~q~ P ~ t' , ~q' x r ~ BAKERSFIELD, CA 93301 . . ; ~ ~ f.ti ~A~ ¢ Tele hone: 805 326-3724 ~ ~ - 0~' ~L ~ No. 32304 ~ ~~~.1 ~ ~_3_ ~ Z ~ ~ C ~ 041891 ~ ~ti D43 WHTLN ~ GEG/mro uCM~~ai~' wur:~m GENERAL DESCRIPTION OF ,WORK The work to be performed consists , in general, of installation of traffic signal and lighting system. CITY OF BAKERSFIELD . EDGAR W. SCHULZ Public. Works Director ~ J r 040991 D43 WHTLN.2 -2- GEG/mro CITY OF BAKERSFIELD, CALIFORNIA DEPARTMENT OF PUBLIC WORKS SPECIAL PROVISIONS SECTION 1 - DEFINITIONS AND TERMS 1-1.01 GENERAL. This work embraced herein shall be done in accordance with the Standard Specifications entitled "State of California, Department of 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. . In case of conflict between the Standard Specifications and these ,special provisions, the special provisions shall take precedence over and be used in lieu of such conflicting portions. 1-1.02 DEFINITIONS AND TERMS. All definitions and terms in Section 1, "Definitions and Terms," of the Standard Specifications shall apply, except 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 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 Public Contract Code. The provisions of this- act do not apply to this contract. Other terms appearing in the Standard Specifications, the general provisions, and the special provisions, shall,. have the intent and meaning specified in Section 1, Definition of Terms of the Standard Specifications . 040991 D43 WHTLN.3 ^3 GEG/mro SECTION 2. PROPOSAL REQUIREMENTS 2-1.01 GENERAL INFORMATION. The Purchasing Officer of the City of Bakersfield, California, will receive at her office, City Hall, 1501 Truxtun Avenue, in said City, until 11:00 o'clock A.M. on MAY 23,1991, sealed proposals for TRAFFIC SIGNAL ON WHITE LANE AT WILSON ROAD 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, q being given as a basis for the comparison of bids, and the City of Bakersfield does not expressly or by implication agree that the actual amount of work will ' correspond. therewith, but reserves the right to increase or decrease the amount of any .class or portion of the work or to omit portions of the work that may be deemed necessary or expedient by the Engineer. r 2-1.03 EXAMINATION OF .PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK. The bidder is required to examine carefully the site of work, the .proposal, plans and specifications, and contract forms. It will be assumed that the bidder has investigated, and is satisfied as to the conditions to be encountered, the character, quality, and quantities of work to be performed and materials to be furnished, and. as to the requirements of the specifications, the s ecial provisions, and the contract. It is mutually agreed that the submission P of a proposal shall be considered prima facie evidence that the bidder has made such examination. 2-1.04 REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES OR IRREGULARITIES. Proposals may be rejected if they show any alterations of form, additions not called for, conditional, or alternative bids, incomplete bids, erasures or irregularities of any kind. Proposals in which the prices obviously- are unbalanced may be rejected. The right is reserved to reject any and all proposals and waive any irregularity. 2-1.05 PROPOSAL FORM. All proposals must be made upon, blank forms to be obtained from the Purchasing Officer, the form of -which appears. herein immediately following these special provisions. Al.l proposals must give the prices proposed, both in writing and figures, and must be signed .by the bidder,. with his address. If the proposal is made by an individual, his name, telephone . number: and post office address. must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the names of the state under the laws of .which the corporation was chartered and the names, titles,~and business addresses of the president, secretary and treasurer. 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 City of Bakersfield, for an amount equal to at least ten percent (10%) of the amount of said bid, and no. bid shall be considered unless such Proposal Guaranty is enclosed therewith. 041891 n~ ~ WuTT,N _ 4 -4- GEG/mro L ~ V ~•aa N•yr• 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 $10,000, whichever is greater, in accordance with the y 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 provisions by using unauthorized subcontractors or by making unauthorized substitutions. A sheet for listing the Subcontractors, as required herein, is included in the. Proposal. Bidders are cautioned that this listing requirement is in addition to the requirement to provide a list of DBE Subcontractors after the opening of the proposals for projects utilizing Federal funds . 2-1.08 OMISSIONS IN SPECLFICATIONS AND DRAWINGS. Any materials or work mentioned in the specifications and not shown on the drawings or shown on the drawings and not mentioned in the specifications, shall be of the same effect as if shown or mentioned in both. . Omissions from the drawings or the specifications of the materials or details of work which are manifestly or obviously necessary to carry out the intent. of the drawings, and specifications or which are customarily furnished or performed, shall not relieve the Conltractor of his responsibility for furnishing such omitted materials or performing such omitted work; but shall be furnished or performed as if fully shown or described in the drawings or specifications. 2-1.09 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids by request for the. withdrawal of the bid filed with the Purchasing Department. The request shall be executed by the bidder or his duly authorized representative. The withdrawal of a bid, does not prejudice the right of the bidder to file a new bid. Whether or not bids are opened exactly a~t the time fixed in the public notice .for opening bids, a bid will not be received after that time, nor may any bid be withdrawn after the time fixed in the public notice for the opening of bids. 2-1.10 PUBLIC OPENING OF PROPOSALS. Proposals will be opened and read publicly at the time and place indicated in the "Notice to Contractors." Bidders or their authorized agents are invited~to be present. 2-1.I1 RELIEF OF BIDDERS. Attention is directed. to the provisions of Public Contract Code Sections 5100 to 5107, inclusive, concerning relief of bidders and in particular to the requirement therein, that if the bidder claims a mistake was made in his bid, the bidder shall give the Department written notice within 5 da s after the opening of the bids of the alleged mistake, specifying in Y the notice in detail how the mistake occurred. 040991 D43 WHTLN.S -5- ~ GEG/mro Public Contract Code Section 10285.1 (Chapter 376, Stats, 1985) provides as follows: Any state agency may suspend, for a period of up to three years from the date of conviction, any person from bidding upon, or being awarded, a public works or services contract with the agency under this part or from being a subcontractor at any tier upon the contract, if that person, or any partner, member., officer, director, responsible managing officer, or responsible managing employee thereof, has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Section 1101, with any public entity, as defined in Section 1100, including for the purposes of~ this article, the Regents of the University of California - or-the Trustees of the California State University. A state agency may determine the eligibility of any person to enter into a contract under this article by requiring the person to submit a statement under penalty of perjury declaring that neither the person nor any. subcontractor to be engaged by the person has been convicted of any of the offenses referred to in this section within the preceding three years. A form for the statement required by Section 10285.1 is included in the proposal. 2-1.12 DISQUALIFICATION~OF BIDDERS. More than one proposal from an individual, firm, partnership, corporation, or combination thereof under the same or different names will not. be considered,. Reasonable grounds for believing that an individual, firm, partnership, corporation or combination thereof is Y interested in more than one. proposal for the work contemplated may cause .the re'ection of all proposals in which such individual, firm, partnership, corporation J or combination thereof is interested. If there is reason for believing that collusion exists among the bidders any or~all proposals may be rejected. Proposals in which the prices obviously are unbalanced may be rejected. SECTION 3. AWARD AND EXECUTION OF CONTRACT 3-1.01 GENERAL. The award of the contract; if it be awarded, will be to the lowest responsible bidder. The language "responsible" refers to not only the attribute of trustworthiness, but also to the quality, fitness and capacity of low bidder to satisfactorily perform the proposed work. 3-1.02 AWARD OF CONTRACT. The award of the contract, if it be awarded, will be made within forty-five (45) days after the opening of the proposals unless extension is approved by the lowest responsible bidder. 040991 D43 WHTLN.6 -6- GEG/mro 3-1.03 CONTRACT BONDS. The Contractor shall furnish two good and sufficient bonds insured by an admitted surety insurer as set foxth in Title XIV, Chapter 2, Article- 6 of the California Code of Civil Procedures. One of the said bonds shall guarantee the faithful performance of the said contract by the Contractor and shall be in an amount equal to one hundred percent (100%) of the contract price. The other of the .said bonds shall be in an amount of fifty percent (50%) of the. contract price and shall guarantee payment to laborers, mechanics and material workers employed on the job under the contract and shall be in the amount and satisfy the requirements spec-ified in Section 3248 of the California Civil Code. Whenever a'ny surety or sureties on any such bonds, or on any bonds re uired by law for the protection of the claims of laborers and material men,. q become insufficient, or the City has. cause to believe that such surety or sureties have become insufficient, a.demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding .that originally required, as is considered necessary, considering the extent of the work remaining to be done. Thereafter no payment shall be made upon such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional surety hay been furnished.. 3-1.04 EXECUTION OF CONTRACT. The contract shall be signed by the successful bidder and returned, together with-the contract bonds within ten (10) days, not including Sundays, after the bidder has received notice that the contract has been awarded. No proposal shall be considered binding upon the, . Cit until the execution of the. contract. All, contracts shall be considered as y being .made and entered .into in the City of Bakersfield , California . Failure to execute a contract and file acceptable bonds as provided K herein within ten (10) days, not including Sundays, after ,the bidder has received notice that the contract has .been awarded, shall be just cause for the cancellation of the award and the forfeiture of the proposal guaranty. 3--1.05. RETURN OF BIDDER'S GUARANTEES. Within ten (10)~days after the. award of the contract, the City of Bakersfield. will return-any monies or form ,for deposit of money that are not to be considered in making the award.: All other proposal guarantees will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany. SECTION 4 - BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES 4-1.01 GENERAL. Attention is directed to the provisions of Section 8, Article 8-1.03, "Beginning of Work," Article 8-1.06, "Time of Completion" and Article 8-1.07, "Liquidated Damages," of the Standard Specifications, and is specifically hereby made apart of these special provisions. ,P The first paragraph of Section 8-1.03, !'Beginning of Work," of the Standard Specifications, is amended to read: The .Contractor shall begin work within fifteen (15) days after receiving written notice to proceed. The Contractor shall diligently prosecute the same to completion before the expiration of 45 working days. 041891 D43 WHTLN.7 -7- GEG/mro Contract working days will commence from the date the Contractor begins work or the 15th calendar day from the date of the written notice to proceed, whichever comes first. The Contractor shall pay to the City of Bakersfield the, sum of $200.00 per day for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above. Full compensation for conforming to the requirements of above paragraph shall be considered as included in the prices paid for-the various items, of work and no additional allowance will be made therefor. .SECTION 5. GENERAL 5-1.01 STATE CONTRACT ACT NOT APPLICABLE. Sections 1-1.40, "State Contract Act," and 9-1.10, "Arbitration.," of the Standard Specifications are deleted. This contract is not governed. by the provisions of the State Contract Act. The ado tion and use of the Standard Specifications in the performance of P 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 than a dispute arises between the parties, they are not obligated to submit the matter to arbitration in any form (although they. may do so upon written agreement) . 5-1.02 ALTERATION IN QUANTITY OF WORK. Increases or decreases in work exceedin an amount of $10,000 or which, together with all other previously g approved change orders for that contract exceeds-twenty-five percent (25%) 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 rovisions in Section 5, "CONTROL OF WORK," of the Standard Specifications P and these special provisions. Section. 5 -1.02 "Plans and Working Drawings", of the Standard . S ecifications is amended by adding the following paragraph after the fourth P paragraph: Working drawings or plans for any structure not included in the plans furnished by the Engineer shall be approved by the Engineer before any work involving these plans shall be performed, unless approval is waived in writing by the Engineer. Section 5-1.07 "Lines and Grades" of the Standard Specifications is amended by adding the following paragraph after the first paragraph:. Three consecutive points shown on the same rate of slope must be G, 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.. 040991 D43 WHTLN.8 -8- GEG/mro The second paragraph in Section 5-1.07, "Lines and Grades" of the Standard Specifications is amended to read: _ When the Contractor requires such stakes or marks, he shall .notify the. Engineer of his requirements in writing a reasonable length of time in advance of starting operations that require such stakes or marks. In no event, shall a notice of less than 24 hours be considered a reasonable length of time. Section 5-1.08, "Inspection" of the Standard Specifications is amended by adding the following paragraph after the first paragraph: Whenever the Contractor varies the period during which work is carried on each day, he shall give due notice to the Engineer,~so that proper inspection may be provided. Any work done in the absence of the Engineer will be subject to rejection. 5-1.04 PREVAILING WAGES. Pursuant to Chapter l of Part 7 of Division 2 of the Labor Code (commencing with Section 1720), Contractor agrees .that in erforming said work, by himself or through any subcontractor, eight P 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 ke t o en at all reasonable hours for inspection pursuant to Section 1812 of the P P .Labor Code. The Contractor and all Subcontractors shall ,pay not -less than the eneral prevailing rate ,of per diem wages and the general prevailing rate for g holiday and overtime to all workers employed in the construction of ,this project. The revailing rate for each craft, classification or type of work is determined P. by the. Director of .the California Department of Industrial Relations, and his schedule of prevailing rates is on file and available for inspection in the Public Works Department. The schedule is, incorporated herein by this reference. The City shall have the right to inspect payroll records during normal working hours and shall .have the right to question workers at any time concerning the wages being paid. Contractor shall not interfere in any way with. the City's right to investigate conformance with the wage provisions of this contract. . Contractor shall forfeit to the City for each worker employed for each calendar day or portion thereof: a. TWENTY-FIVE DOLLARS ($25) pursuant to Section 1775 of the Labor Code, per worker paid less than the amount to which he~is entitled under said general prevailing rate of wages; and b. TWENTY-FhVE DOLLARS ($25) pursuant to Section 1813 of the Labor Code, per worker required to work more than eight, (8) hours per day or more than forty (40) hours per week, except as provided in Section 1815 of the Labor Code . 5-1:05 PAYROLL RECORDS. The fourth paragraph in .Section 7-1.01A(3), "Payroll Records," of the Standard Specifications is deleted and shall not apply 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. 040991 D43 WHTLN.9 -9- GEG/mro Attention is also directed to the requirements of the California Fair Em loyment and Housing Act (Government Code Sections 12900 through 12996), to the P regulations promulgated by the Fair Employment and Housing Commission to . implement said Act, and to the nondiscrimination, affirmative action and equal employment opportunity requirements in the special provisions. _ 5-1.07 APPRENTICES. The Contractor's attention is directed to Article 1-l.OlA 5), "Apprentices," of the Standard Specifications. All Contractors and Subcontractors shall comply with the provisions of Labor Code Sections, 1777.5, , 1717.6, and 1777.7 relating to -the employment of apprentices. If the Contractor does not have a union contract which provides for . . a rehtices the Contractor and all Subcontractors shall submit one of the PP ..following: 1. A copy of a "REQUEST FOR~AN APPLICATION FOR A CERTIFICATE OF APPROVAL TO EMPLOY AND TRAIN APPRENTICES ON PUBLIC WORKS." This request shall be submitted to the local Department of Industrial Relations, Division of Apprenticeship Standards on the Contractor's and each Subcontractor's letterhead or DAS 140, enclosed with these specifications. . 2. A coy of an approval to employ and train apprentices from the p local Department of Industrial Relations, Division of Apprenticeship Standards. Y 3. Proof of a Collective Bargaining Agreement with the Joint Apprenticeship Committee providing-for apprentices. One of the above shall be .submitted by the low bidder to the. City of Bakersfield Purchasing .Division, within two (2} working days following the bid opening. 5-1.08 TRENCH SAFETY. The Contractor shall comply with Section 6705 of the-Labor Code which provides that the Contractor's responsibility shall be as follows: If the contract price for the .project includes an expenditure in excess of TWENTY-FIVE THOUSAND~DOLLARS ($25,000} for excavation of any trench or trenches five feet or more in depth, the Contractor or his Subcontractor shall not begin any trench excavation unless a detailed plan, showing the design of .shoring, bracing, sloping or other provisions to be made for worker protection during the excavation of the trench, has been submitted by the Contractor to the City Engineer and the detailed plans has been approved by the City Engineer. G If such lan varies from the shoring system standards established by the P 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. . 040991 D43 WHTLN.10 -10- GEG/mro Nothing in this section shall be construed to impose tort liability on the awarding body or any of its employees. The terms."Public Works" and "Awarding Body," as used in this section, shall have the same meaning as in Labor Code Sections 1720 and 1122 respectively. 5-1.09 SOUND CONTROL REQUIREMENTS. Sound control shall conform to the rovisions in Section 7-1.OlI, "Sound Control Requirements,': of the Standard P Specifications and these special provisions. The noise level from the Contractor's operations, between the hours; of 9:00 P.M. and 6:00 A.M., shall not exceed 86 dbA at a distance of 50 feet. This re uirement in no way relieves the Contractor .from responsibility for complying q 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 4 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. perm-its, 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 7:00 A.M. to 4:30 P.M. Any deviations must be requested and in writing and directed to the Construction Engineer at the Pre-Job Conference. Written. a roval from the Construction Engineer is required for work beyond these limits. PP Any time work proceeds beyond the time limits or on holidays or weekends, the Contractor will be charged for all associated overtime charges and said charges may be withheld from contract retention. 5-1.12 LAWS TO BE~OBSERVED. The Contractor shall keep himself fully informed of all existing and future State and National laws and all 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. , ~Y 5-1..13 CONTRACTOR'S INSURANCE. The Contractor shall not commence work under this contract until he has obtained all insurance required under this section and the required certificates of insurance have been filed with and approved by the City Risk Manager and the Public Works Department9 nor shall the Contractor allow any Subcontractor to commence work on his subcontract until said. certificates of insurance have been filed and approved by the City Risk Manager and the Public Works Department. Contractor shall be responsible for any deductibles under all required insurance policies. 040991 D43 WHTLN.11 -11- GEG/mro 5-1.13A HOLD H~4RMLESS. The Contractor shall save, hold harmless and indemnify the City, its officers, agents, employees and volunteers from all claims, demands, damages, judgments, costs or expenses in law or equity that may at any time arise from or related to any work performed _ by the Contractor, his agents, employees or subcontractors under the terms of this agreement and shall execute and return with the executed contract documents and bonds the "Hold Harmless Agreement," a copy of which is attached hereto. 5-1.138 INSURANCE.. In addition to any other form of .insurance or bond required under the terms of this agreement and specifications, the Contractor shall procure and maintain for the duration of this agreement the following types and limits of insurance: 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 limits and employer's liability insurance with. limits of not less than one million {$1,000,00) per accident. The workers' compensation policy shall contain a waiver of subrogation endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. All policies required. of the Contractor hereunder shall be primary insurance as respects the City. its mayor, council,, officers, agents, employees and volunteers and any insurance or self-insurance maintained by the City, its mayor, council, officers, agents, .employees. and: volunteers. shall be excess of the Contractor's insurance and shall not W 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. 040991 D43 WHTLN.12 -12- ~GEG/mro If any part of the work under this agreement is sublet, similar insurance shall be provided by or on behalf of the subcontractors to cover their operations. The insurance required under this agreement shall be maintained until all work required to be performed under the terms of this- agreement is satisfactorily completed as evidenced by formal acceptance by the City. All costs of insurance required under this agreement shall be included in the Contractor's bid, and no additional allowance will be made for additional costs which may be required by extension of the insurance policies. J 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 Wave or Earthquake," 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 re uirements of the .City Engineer and Superintendent of Streets of the City of q Bakersfield and shall conduct his operations in compliance therewith. 5-1.17 SIGHT 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 SUSPENSIpN OF CONTRACT. If at any time in the opinion of the Cit Council, the Contractor has violated any terms of this contract, failed to y. supply ~n adequate working force, or material of proper quality, or has failed in any other respect to prosecute the work with the diligence and .force specified and intended in and by the terms of the contract, notice thereof in writing will- be served upon him, and should he neglect or refuse to provide means for a satisfactory compliance with the contract, as directed by the Engineer, within the time specified in such notice, the City Council in any such case shall have the power to suspend the operation of the contract. Upon. receiving notice of such suspension, the Contractor shall discontinue said work, or such parts of it as the City Council may designate. Upon such suspension, the Contractor's control shall terminate, and thereupon the City Council or its duly authorized representative;-may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials, and .purchase the materials contracted for, in such manner a~s 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 040991 n~ ~ G~TT.N _ 1 ~ -13- ~ - GEG/mro L/-T r~aaiJya~ • ~v , City; but such forefeiture will not release the contractor or his sureties from liability or failure to fulfill the contract. The Contractor and his sureties will be credited with the amount of .money so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operations of the contract and the completion of the work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just ✓ claims for such completion as determined by the Engineer have been paid. In the determination of the question whether there has been any such non-compliance with the contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the contract. 5-1.19 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 Payments," and 9-1.07, "Payment After Acceptance," of the Standard:.,Specifications and these specialprovisions. No partial payment will be made for-any materials on hand which are furnished: but not incorporated in the work. 5-1.21 FINAL PAYMENT.. In addition to-the conditions, provisions, and requirements of Article 9-1.07B, "Final Payment and Claims," of the Standard Specifications, the following shall .apply: The City may withhold funds, or because of subsequently discovered facts, nullify the whole or any part of any certificate for payment, to such extent as may be necessary to protect the City from loss due to causes including but not limited to tie following: a. Defective work not remedied; b. Claims filed or~inf ormation 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; a 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. . 040991 D43 WHTLN.14 -14- GEG/mro The fifth paragraph in Section 9-1.07B, "Final Payment and Claims," of the Standard Specifications is amended to read:, m The Director will make the final determination of any claims which remain in dispute after completion of claim review. Aboard or person designated by said Director will review such claims and make written recommendation thereon. The City Engineer shall, after the completion of the contract make a final estimate of the amount of work done thereunder, and the value of such work, and the City shall pay the entire sum so found to be due after deducting theref rot all previous payments and all amounts to be kept and all amounts to be .retained under the provisions of the contract. .All prior partial estimates and payments shall be subject to correction in the final estimate and payment. The final payment shall not be due and payable until the expiration of .thirty (30) days from the date the "NOTLCE OF COMPLETION" is recorded at the County F,ecorder's Off ice 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 acceptance of any defective work or improper materials. And the Contractor further agrees-that the payment of the final amount- due under the contract, and the adjustment and payment for any work done in accordance. with any alterations. of the same, shall release the City, the City Council, and the Engineer from any and all claims or liability on account of work performed under the contract or any alteration thereof 5-1.22 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 3b-1.07, "PAYMENT". Tenth paragraph of Section 39-8.02, "PAYMENT". 5-1..23 HAZARDOUS MATERIALS. The Contractor shall be held 1 responsible for his workers and subcontractor's well-being and their education of handling hazardous materials when hazardous materials are encountered during this project. 040991 D43 wHTLN.15 -15- ~ GEG/mro SECTION 6. CONTROL OF MATERIALS 6-1.01 GENERAL. Control of materials shall conform to the provisions in Section 6, "Controlof Materials," of the Standard. Specifications and these special provisions. At the option of the Engineers the source of supply of each of the materials shall be approved by the Engineer before delivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the contractor or producer of all materials to be used in the work, for testing or examination as desired by the Engineer. All tests of materials furnished by the contractor shall be made in accordance with commonly recognized standards of national organizations, and such special methods and tests as are, prescribed in the specifications. b-1.02 BORROW, 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, y they will drain, will blend with surrounding terrain, and will have a potential as a source of blowing dust or other pollution which is no greater than when in their original condition. If the Contractor obtains necessary permits for borrow, disposal or material sites from the authority having jurisdiction or from the appropriate pollution control boards and such permits contain requirements which conflict with the requirements in the first and second paragraphs of this section, the requirements of the permits shall govern over the conflicting requirements of .this section provided the permit requirements have been approved by the Engineer. Full compensation for complying with the requirements for borrow, disposal and material sites in this section shall be considered as included in the contract prices paid for the items of work which require the use of the sites and no additional compensation will be allowed therefor. 6-1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section 6-1.07, "Certificates of Compliance," of the Standard Specifications, the Engineer may permit the use of certain materials or assemblies, prior to sampling and testing, if accompanied by a Certificate of Compliance. SECTION 7-l GENERAL 7-1.01 ORDER OF WORK. Order of work shall conform to the provisions in Section 5-1.05, "Order of Work," of the Standard Specifications and these special provisions. . 040991 D43 WHTLN.16 -lb- GEG/mro All striping removal shall be completed a minimum of 2 days prio r 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 i ems 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 w or that are to be relocated and relocation operations hate .not. been completed. In accordance with the provisions of Article 1-1.11, "Preservation of Property," and 7-1.12, "Responsibility for. Damage," of the Standard Specifications, the Contractor will be liable to oc~ners 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 o~r maintaining services or utilities. The Contractor shall cooperate with such forces and conduct his operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by other such forces. Any delay to the Contractor due to utility relocation whether or not the utility is shown or correctly located on the. plans will not be compensated for as~ idle time. .However, additional contract time commensurate. with such delays may be allowed. At locations where irrigation systems exist, the Engineer will direct the Contractor as to what steps will be required ~o protect the irrigation system and the area it serves. The Contractor shall replace the irrigation system as directed by the Engineer. Existing land subdivision monuments and stakes shall be fully protected from damage or displacement and they shall not be disturbed unless directed by the Engineer. 040991 D43 WHTLN.17 -11- GEG/mro Attention is directed to the fact that nuisance water may be present at al'1 times along the project. It will be the responsibility of the Contractor to provide for handling of said water and any expense involved shall be considered as included in the prices paid for the various items of work and no additional allowance will be made therefor. Except in the case of extra work, full compensation for conforming. to the requirements of this article shall be considered as included in the prices paid for the various items of work and no additional compensation will be made therefor. 7-1.03 MAINTAINING TRAFFIC. The Contractor shall furnish: install and maintain signs, lights, flags and other warning and safety devices when performing work which interferes with or endangers the safe movement of traffic on any street or highway. Signs, lights, flags and other warning and safety devices and their use shall conform to the requirements set forth in the current "Manual of Traffic Controls - Warning Signs, Lights, and Devices for Use in Performance of.Work Upon Highways," published by the State of California, Department of Transportation. Application and use of devices shall be as specified and as directed by the Engineer.. The Contractor shall keep the Bakersfield Fire Department informed at all times as to the exact location and-progress of the work and shall notify µ ,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 indicated below, Monday through Friday, except legal holidays. Street Direction of Travel Hours WHITE LANE E/B $:30 A.M. = 4:00 P.M. WHITE LANE ~ W/B 8:30 A.M. - 4:00 P.M. WILSON ROAD S/B 8:30 A.M. -.4:00 P.M. Where construction operations are actively in progress, a minimum of one traffic lane, not less than twelve feet,in width,, shall be open for use by public traffic. Where construction operations are~not actively in progress, not less than two such lanes shall be open for use by public traffic. Public traffic may be permitted to use the shoulders and, if + half -width construction methods are used, may also be permitted to use the side of the roadbed .opposite to the one under construction. No additional compensation will be allowed for any shaping of shoulders .necessary for the accommodation of public traffic thereon during paving operations. 040991 D43 WHTLN.18 -18- GEG/mro 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 Q ~ other facilities for the sole convenience and direction of public traffic.. Also, where directed by the Engineer, the Contractor shall furnish competent flagmen whose sole duties shall consist of directing the movement of public traffic through or around the work. When deemed necessary by the City, the signs "Road Construction Ahead," No. C-18, and "End Construction," No. C-13, shall be furnished, installed and maintained by the Contractor at locations as directed~by the Engineer at least 48 hours in advance of any construction. The Contractor shall report all accidents to the Engineer. PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the prices paid for various items of work and no additional allowance will be made therefor. 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 same intent that existed prior to construction. Existing City highway signs and street markers. shall be placed in their permanent position by the Contractor's forces prior to .completion of construction.: Signs removed from the project area .shall be delivered to the City Corporation Yard at 4101 Truxtun Avenue. PAYMENT. Full compensation for conforming to the requirements of the two preceeding paragraphs shall be considered as included in the prices paid for the various items of work and no. additional allowance will be made therefor. 1-I.05 SAWCUT ASPHALT CONCRETE ,PAVEMENT. Where new asphalt concrete is to conform to existing asphalt concrete, the existing asphalt concrete shall be saw cut to a neat line. .The depth of cut shall be sufficient so that damage to adjacent asphalt concrete, which is to remain in place, will not occur during excavation operations. The Contractor shall conduct his operations so as not ~to damage the integrity of the edge of the saw cut pavement. Any damage to the saw cut edge will be corrected by the Contractor by additional cutting prior to the start of paving operations. Full compensation for conforming to the requirements of this article shall be considered as included in various items of work and no additional allowance will be made therefore. 040991 D43 WHTLN.19 -19-~ GEG/mro ti 7-1.06 REMOVE TRAFFIO STRIPES AND PAVEMENT MARKINGS. Traffic .stripes and pavement markings 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 possible from the pavement by any method that does not materially damage the surface or texture of the pavement or surfacing. where blast cleaning is used for the removal of painted traffic stripes and pavement markings, the area shall be shielded so that no material from th_e blasting operation is allowed to enter the area that is open to public traffic. Sand or other material deposited on the pavement as a result of 'removing traffic stripes and markings shall be removed as the work progresses. Accumulations of sand or other material which might interfere with drainage or might constitute a hazard to traffic will not be permitted,. Traffic stripes shall be removed before any change is made in the traffic pattern . Blast .cleaning for removal of traffic stripes shall be feathered out to irregular and varying widths. Pavement markings shall be removed by blast cleaning a rectangular area, rather than just lettering or markings, so the old message cannot be identified. After removal of traffic stripes and pavement markings, a fog seal coat shall be applied- in conformance with the provisions in Section 37, W "Bituminous Seals," of the Standard Specifications and the following: In traffic stripe removal areas, the fog seal coat shall be applied. over the traffic stripe removal area and to irregular and varying widths with an average width of 2 feet on each side of the blast cleaned traffic stripe removal area. Ln pavement marking removal areas, the fog seal coat shall be applied to the blast cleaned rectangular area. In areas of removal where excessive gouging has occurred, as determined 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 removal of traffic stripe and pavement marking and no separate payment will be made therefor. Nothing in these special provisions shall relieve the Contractor from his responsibilities as provided in Section 7-1.09, "Public Safety," of the Standard Specifications. MEASUREMENT AND PAYMENT. Quantities of traffic stripe removed will be determined by the width of the stripe plus 0.67-foot multiplied by the length of the stripe. The space between double traffic stripes will be measured as painted traffic stripe. Quantities of pavement markings removed will be determined by the actual, size of the rectangle measured in square feet. 040991 D43 WHTLN.20 -20- GEG/mro Removing of traffic stripes will be paid for at the contract unit price per square foot for the actual area of authorized stripe removal. The contract unit price per square foot as remove traffic striping and marking shall include full compensation for furnishing all labor, materials, tools, equipment, signs and for doing all work necessary for removing existing .striping as shown on plan and as directed by the Engineer.. 7-1.07 CLEARING AND GRUBBING. Clearing and grubbing shall conform to the provisions in Section 16, "Clearing and Grubbing," of the Standard Specifications and these special provisions. Clearing and grubbing shall be limited to those areas actually affected by the planned construction as directed by the Engineer. . 1-1.08 DUST CONTROL. It s-hall 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 shall include but shall not be limited to .the following: .1. Water shall be -applied to all unpaved areas as required to prevent the surface from becoming dry enough to pexmit 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 a Engineer, or as a result of conditions beyond the control of the Contractor shall not relieve the Contractor from his.r~sponsibility for dust control as set forth herein.. PAYMENT. Full compensation for conf orrning 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. 7-1.09 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 90% relative 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. For verification purposes, the tonnage of compacted aggregate base will be calculated from the dimensions shown on the plans, adjusted by the amount of any change ordered by the Engineer. 040991 D43 W~ITLN.21 ~ -21- ~ GEG/mro 7-1.10 RQADSIDE SIGNS. Roadside signs shall conform to the provisions in Section 5b 2, "Roadside Signs," of the Standard Specifications and . these special provisions. Miscellaneous roadside signs shall conform to City Standard T-19. where sign posts are placed within concrete sidewalk the sidewalk shall be core drilled. Roto hammering or other similar methods will be permitted provided that the perimeter of the damaged area is sawcut to the limits required to form a neat finish as directed by the Engineer. MEASUREMENT AND PAYMENT. Miscellaneous roadside signs shall be paid for at the contract per unit for install roadside signs (GSP Post). Installation of one or more sign panels mounted on a single post shall be counted as one roadside sign (GSP Post). 1-1.11 OVERHEAD SIGNS. Overhead signs shall conform to the. ;applicable provisions in Section 56, "Signs,." of the Standard Specifications and these special provisions. Mast-arm hangers for street name signs will be furnished and installed by the City. Street name signs will be furnished and installed by City of Bakersfield using mast-arm hanger methods such as Hawkins M10J Series swinging sign bracket, with return spring P removed or acceptable equal. Overhead signs installed on signal poles, mast-arms or on flashing beacon mast-arm shall be furnished and installed by " the Contractor in accordance with the plans and these. special provisions. Compensation for overhead signs shall be considered included in the respective contract lump sum price or prices for signal, flashing beacon, or combination thereof . 7-1.12 INSTALL PEDESTRIAN BARRICADE. Install pedestrian barricade as shown on plans. Pedestrian barricade shall conform to Standard ES-SF of the Standard Plans. and these special provisions. Contractor will furnish sign R-49 for each pedestrian barricade shown on plans. PAYMENT. Full compensation for installing pedestrian barricade and. . furnishing R-49 sign for each barricade shall be considered as included in the contract lump sum price paid for installation of traffic signal and street lighting .systems and no separate payment will be made therefor. 7-1.13 MISCELLANEOUS CONCRETE CONSTRUCTION. Portland cement concrete curbs, median curbs, sidewalks, wheelchair ramps, cross drains, drive approaches, ,driveways and miscellaneous construction shall conform to the 3 provisions in Section 73, "Concrete Curbs and Sidewalk," of the Standard Specifications and these special provisions. 041891 D43 wHTLN.~22 -22- GEG/mro i e MEASUREMENT AND PAYMENT. Quantities of minor concrete (median curb), Type M-1 or M-2, shall be paid for at the .contract price ,per linear foot. Construction of concrete nose at end of median island shall be considered as included in the price paid per linear foot of minor concrete (median curb) and no additional compensation will be allowed therefor. 7-1.14 TRAFFIC DEZINEATION. Immediately after resurfacing operations or when directed by the ,Engineer, replace all obliterated pavement delineation with temporary delineation during the-same work period, and in no case later than 7:30 a.m. following such work period. Temporary delineation, consists of reflective traffic line tape applied in pieces not less than 4 inches long nor less than 4 inches wide, spaced no. more than 20 feet apart. on tangents and no more than 10 feet apart on curves.. A ly reflective traffic line tape in accordance with the manufacturer's PP instructions. Temporary delineation must be the same color as the permanent delineation. P Remove temporary delineation applied to asphalt concrete patches .immediately prior to applying asphaltic emulsion tackcoat for asphalt concrete overlay. A striping plan will be made available to the Contractor when traffic ..delineation is to be modified by the City. PAYMENT. Full compensation for traffic delineation shall be considered as included in the prices paid. for the various items of work, and no separate payment will be made therefor. SECTION 7-2 TRAFFIC SIGNALS AND. LIGHTING 1-2.01 FOUNDATIONS. Foundations shall conform to the provisions in Section 86-2.03, "Foundations," of the Standard Specifications and these special provisions. The Contractor shall furnish the anchor bolts, nuts and washers to be used for new foundations and shall furnish the appropriate nuts and washers for existing foundations to be reused. Portland cement concrete shall conform to Section 90-10, "Minor Concrete," of the Standard Specifications and shall contain not less than 470 v pounds of cement per cubic yard, except for pile foundations shall contain not. . less than 564 pounds of cement per cubic yard. 041891. D43 WHTLN.23 -23- GEG/mro 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 86-2.050, "Installation," of the Standard Specifications. Open trench installation shall conform to the following specifications: 1. Conduit shall be rigid non-metallic type. Conduit shall be placed under existing pavement in a trench not to exceed 6 inches in width. Trench shall be cut using a rock sa~~ and all loose uncompacted material shall be removed from the bottom of the trench prior to placement of conduit. The top of the installed conduit shall be a 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 quality paving asphalt .and aggregates. 3. Prior to spreading asphalt concrete, paint binder shall be applied as specified in Section 39-4..02, "Prime Coat and Paint Binder," of the Standard Specifications. Spreading and compacting. of asphalt concrete shall be performed by ,any method which .will produce ari asphalt concrete surf ace of ~ unif orm 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 surface 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 other circumstances encountered at the time of construction, the Engineer may specify which of the above methods may be used. 7-2.03 PULL BOXES. Pull boxes shall conform to the provisions in Section 86-2.06, "Pull Boxes," of the Standard Specifications and these special provisions. Recesses for suspension of ballasts will not be required. 1-2.04 CONDUCTORS AND WIRING. Conductors and wiring shall conform to the rovisions in Section 86-2.08, "Conductors," and Section 86-2.09, "Wiring," P of the Standard Specifications and these special provisions. 041891 D43 WHTLN.24 -24- GEG/mro CONDUCTORS -The Contractor shall use multi-conductor electrical cables for all circuits except between the service switch and controller cabinet. Only multi-conductor cable conforming to the following shall be-used: 5 Conductor cable consisting of 5 No. l4 conductors colored 1 each red, yellow, brown, white and black. G 9 Conductor cable consisting of 1 No. 12 conductor colored white and 8 No. 14 conductors colored 1 each red, yellow, brown, black, red/black stripe yellow/black stripe, brown/black stripe and white/black stripe 28 Conductor cable consisting of 1 No. 10 conductor colored white and 27 No. 14 conductors colored as indicated in the following conductor table for a single ring operation. CONDUCTOR TABLE Insulation Colors 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 ..-.r.---- 2p & 6p Red, Brown 2 Black Pedestrian 4p & 8p Red, Brown 2 Orange ~S pals lp & 5p ~ Red, Brown 2 Silver g 3~_& 7~_ _ Red, Brown + _ 2 Purple 2p & 6p Blue Black Pedestrian 4p & 8p Blue ~ Orange Push. But-tons lp & 5p Blue Silver 3 & 7 Blue Purple Pedestrian Push Buttons White Black Common _Signal _ ~ + White _ None Railroad Pre--emption _ _ _ Black _ ~ _ _ ~ Red ~ Black None Spare _ The cable sheath shall be polyethylene and the conductor insulation shall be Type THWN polyvinyl chloride. Conductors shall be spliced by the use of "C" shaped compression. connectors as shown on Standard Plan ES 13. Splices shall be insulated by "Method B." . 041891 D43 WHTLN.25 -25- GEG/mro 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 x branch circuit breakers: No. Amps Phase Volts Branch _ Metered . 1 60 1 110 Traffic Signal Yes 2 30 1 110 Lighting No 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.- Te-sting 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 rovisions is Section 86-2.14C "Functional Testing," of the Standard P Specifications and the following paragraph: Functional test period is included in the number of working days .to 4 complete the project as~described in SECTION. 4, "BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES" of these special provisions. 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,Mounting- Assemblies," of the Standard Specifications and these special provisions. Housing, visors, directional. louvers and backplates shall not be structural plastic. All lamps for .traffic signal units shall be furnished by the Contractor. All signal faces shall be provided with 12-inch sections. The third sentence of the first paragraph of Section 86-4.06, "Signal Mounting Assemblies," of the Standard Specifications, shall be amended to read as follows: Slip-fitters and terminal compartments shall be cast bronze or hot-dip galvanized ductile iron. 041891 D43 WHTLN.26 -26- GEG/mro 7-2.08 PEDESTRIAN SIGNALS. Pedestrian signals shall conform to the provisions in Section 86-4.05, "Pedestrian Signal Faces," of the Standard Specifications and these special provisions. Pedestrian signals ~sha11 be Type C, and shall have energy efficient heads, equivalent to ,Indicator Controls Corporation Model 4094B. 7-2.09 LUMINAIRES. Luminaires shall conform to the provisions in Section 86-6.01,."High Intensity-Discharge Luminaires," of the Standard Specifications and these special provisions. Luminaires shall be furnished with 200-watt high pressure sodium lamps and integral ballasts. An in-line fuse shall be located in the pull box. 7-2.10 PHOTOELECTRIC CONTROLS. Photoelectric controls shall conform to the rovisions in Section 86-6.07, "Photoelectric Controls!', of the Standard P Specifications and. these special provisions. Each luminaire shall be provided with. a Type 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 and these special rovisions. Location and layout of detector Loops shall be as directed by the P . Engineer. INSTALLATION DETAILS: Installation and tests shall conform to the details and notes shown on the plans. ..Slots cut in the pavement shall be blown out and dried before installing inductive loop detectors. After conductors are installed in slots cut in the pavement, the slots shall be filled with epoxy sealant conforming to the requirements in Section 95-2.09., "Epoxy Sealant for Inductive~Loops," to within 1/8 inch of the pavement surface. The sealant shall be at least 1/2 inch thick above the top conductor in the saw cut. Before setting, surplus sealant shall be removed from the adjacent road surfaces without the .use of solvents. In lieu of the epoxy sealant specified above, slots may be filled with either of the following materials: - 1. An elastomeric sealant conforming to the following: s The sealant shall be a polyurethane material of a composition that will, caithin 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. 041891 D43 WHTLN;21 -21- ~ GEG/mro The cured sealant shall have the following performance characteristics: Measuring Standard Property and Results And Conditions, T e A Model 1100 Hardness (indentation) - 65-85 ASTM D 2240 Res. yp , 17° F. (25° C.) 50% relative humidity. Tensile stren th - 500 psi, min. ASTM D 412 Die C, pulled at 20 IPM. g Elon ation - 400%, minimum ~ ASTM D~412 Die C, pulled at 20 IPM. g - 40° F. - no cracks 25 mil Free Film Bend (180°) over 1/2" Flex at Mandrel , Weathering Resistance - Slight ASTM D 822 Weatherometer 350 Hrs. Chalking Cured 7 days at T7° F. (25° C.) 50% relative humidity. S ra Resistance - 500 si, ASTM B 117 28 days at 100° F. (38° C.) Salt p y P minimum Tensile; 400%, minimum 5% NaCl, Die C, pulled at 20 IPM. elongation Dielectric Constant -Less than ASTM D 150. 25% change over a temperature .range of -30° C. to 50° C. 2. As haltic Emulsion Inductive Loop Sealant shall conform to State of P a California Specification $040-41A-15. Loo conductors shall be installed without splices and shall terminate in P the nearest pull box. -The .loops shall be joined in the pull box in combination of series and arallel so that optimum sensitivity is obtained at the~~sensor unit. P Final splices between loops and lead-in cable shall not be made until the operation of the loops under actual traffic conditions is approved by the Engineer. All .loo conductors for each direction of travel for the same phase of a P 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. A11 loo conductors for traffic counters. shall terminate in a pull box or P terminal strip in the traffic count station cabinet when such a cabinet is installed. Conductors for inductive loop traffic signal and traffic counting installations shall be identified and- banded, in pairs, by lane, in the pull box adjacent to the loops and near the termination of the conductors in the controller J or traffic count station cabinet. Bands shall conform to .the provisions in Section 86-2.09, "Wiring." . 041891 D43 WHTLN.28 -28- GEG/mro . Identification of each conductor pair shall consist of labeling the. phase and detector slot number (e.g. - 6J2L, 8J8U,.3I5U, etc.) in permanent, ink on a tag suitable for such .purposes (Stuart Electric Ty Rap, Catalog No. TY5532 or approved equal). If asphalt concrete surfacing is to be placed, the loop detector conductors shall be installed prior to placing the uppermost layer of asphalt concrete. The conductors shall be installed, as shown on the plans, in the compacted layer of asphalt concrete immediately below the uppermost layer. Installation details shall be as shorn on the plans, except the epoxy sealant shall fill the slot flush to the surface. Detector loops in concrete pads shall be sealed with epoxy sealant. Loop detector lead-in cables shall conform to the provisions in Section 86-S.OIA (4), "Construction Materials," of the Standard Specifications and these special provisions. Loop detector lead-in cables shall be Type B, and shall conform to the following: 1 Loop wires in the pull box shall be twisted at a minimum .rate of 5 turns per foot, and the splice mast 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. All spade connectors used to attach to terminals inside the controller cabinet shall be crimped-and soldered to the conductor. 7-2.13 GUARANTEE. The Contractor shall furnish a written guarantee to the City on the form attached, guaranteeing all systems, except traffic sigrial~ lamps, installed under this contract for a period of one (1) year from the date of . acceptance of the work. The guarantee, properly executed, shall be filed with the City before notice of completion and final acceptance is made by the City of the - work described on the plans and these special provisions. 7-2.14 PAYMENT. Payment for signals and lighting shall conform to the provisions in Section 86-8, "Payment", of the Standard Specifications.and these special provisions. Full compensation for cast-in-drilled hole concrete pile foundations shall be considered as included in the contract lump sum price paid for the item requiring foundations and no separate payment will be made therefor. 041891 D43 WHTLN.29 -29- GEG/mro . 8040-41A-15 STATE OF CALIFORNIA , Specification .Asphaltic Emulsion Inductive Loop Sealant 1.0 SCOPE This specification covers a one component, pourable sand filled, asphaltic emulsion for use in sealing inductive wire loops and leads imbedded in asphalt and portland cement concrete. This sealant is suitable for use 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 Socie y for Testing and Materials D2939, D2523 California Test Method No. 434 California Department of Transportation Standard Specifications 1988 State of California Specification 8010-XXX-99 Inspection,. Testing-and Other Requirements for Protective Coatings Code of Federal Regulations, Hazardous Materials and Regulations Board , Ref . 49~FR 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 produce a one--component product. to meet the properties specified herein. 3.2 Characteristics of the Sealant 3.2.1 Residue by evaporation, weight percent 70 Minimum Use ASTM D2939 3.2.2 Ash content, weight percent 50 to 65 Use ASTM D2939 D43 WHTLN.30 -1- ~ SP.sTATEI ' 8040-41A-15 Asphaltic Emulsion Inductive Loop Sealant d 3.2.3 Firm set time, hours, 4 maximum test at one hour intervals, use ASTM D2939 .3.2.4 Brookfield viscosity, Poise 50 to 125. RUT Spindle ~~3, 10 RPM at 75 + 2°F. 3.3 Properties of the Dried Film 3.3.1 .Flexibility, No full depth Use ASTM D2939, except air dry specimens to cracks constant weight at 75 + 5°F. and 50 + 10% relative humidity. Condition mandrel and specimens 2 hours at 75 + 2°F before test. Use aluminum panels, 0.03 inches thick (Q panel or equal).. 3.3.2 Tensile Strength, psi , 20 minimum cast sheets 0..25 inches thick and air dry at 75 + 5°F, 50 + 10% relative. humidity for minimum of 16 hours. Load rate 0.05 inches/minute, use ASTM D2523. W 3.3.3 Elongation, % 2.0 minimum Same conditions as 3.3.2 use ASTM D2523 . - hear stren th to.concrete~ si 150 minimum, 3.3.4 Slant s g ~ P Use California Test Method No. 434, Paxt VIII. Space .with no loss damp blocks with 0.25 inches between slant faces, seal of adhesion to - ~ sides and bottom with-tape and fill with the well stirred ~ concrete sample, shrike off the excess. Dry in 140°F oven to constant. weight and condition 1 day at 75 + 2°F ..before testing. Load rate to be 5000 lbs/minute. 3.3.5 Resistance to water No blistering, Use ASTM D2939, Alternative B re-emulsification or loss of adhesion 3.4 Workmanship 3.4:1 .The sealant shall be, properly dispersed .and any settling shall be easily redispersed with minimum resistance to the sideways manual motion of a paddle across .the bottom of the container. It shall form a smooth uniform product of the proper consistency. If the material cannot be easily redispersed due to excessive settlement as described above or due to any other cause, the sealant shall be considered unfit for use. D43 WHTLN.31 SP.STATE2 Asphaltic Emulsion Inductive Loop Sealant 8040-41A-15 3.4.2 The sealant shall. retain all specified properties under normal storage conditions for 12 months after acceptance and delivery. The vendor shall be responsible for all costs and. transportation charges incurred 'in replacing material that is unfit. for use. The properties of any replacement material, as specified in Paragraph 3.4, shall remain. .satisfactory for 12 months from date of acceptance and delivery. 3.4.3 The sealantshall comply with all air pollution .control rules and regulations within the State of California ineffect 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. M Unless otherwise permitted by the Engineer, the material shall be . sampled at the place of manufacture. and application will not be , permitted until the material has been approved by .the Engineer. _ 5.o PREPARATION FOR DELIVERY 5.1 Packaging The sealant shall be prepared in a one package system ready for application. The material shall be furnished in container size as specified in the purchase order or contract. If ordered in 5 gallon size-the containers shall be new, round standard full open head with bails, shall be nonreactive with the contents, and shall have compatible gaskets. The containers shall comply with the U.S. Department of Transportation or the Interstate Commerce Commission regulations, as applicable. 5.2 Marking All containers of material shall be labeled showing State .q specification number manufacturers name, date of manufacture and manufacturers batch number.. The manufacturer shall be responsible for proper shipping labels as outlined in Code of Federal Regulations, Hazardous Materials and Regulations Board, Reference 49 CFR. D43 WHTLN.32 SP.STATE3 1 Asphaltic Emulsion Inductive Loop Sealant ~ 8040-41A-15 . 6.0 NOTES 6.1 Directions for Use Saw cuts shall be blown clean with compressed air to remove excess water and debris.. The sealant must~be thoroughly stirred before use and hand .poured into the slots. Due to the sand content of this material, pumping is not recommended. Any clean up of road surface or tools can be done with water, before the sealant sets. 6.2 Patents The Contractor shall assume all costs arising from the use of .patented .materials, equipment, devices, or processes used on or incorporated in the work, and agrees to indemnify and save harmless the State of . California, and its duly authorized representatives, from all suits at law or action of every nature for, or on account of, the use of any patented materials, equipment, devices or processes. 6.3 Certificate of Compliance t The manufacturer shall furnish a Certificate of Compliance with each batch of sealant, in accordance with the provision of Section b-1.07 of .California Department of Transportation Standard Specifications, January 1988. D43 WHTLN.33 SP.STATE4 i ~Tra J ~ 'Q. • . ' • ~ 7/p D ~ ' • ~ ' ' • ' • 6~" ~ #fd ,roar, B" l~~ ' • ' ~ spa+ct4 of ~rltrro/s • ~ • • , , •Q ~ ' • tN in l+l P. 0 Ord p • . • soNd moNoi. ' '0. ;.q; TYPE "M-I " A►IEDIAN CURB . (Foimedl TYPE "M" MEDIAN CURB 9" fit` J" Eoah► 01 orr agorawd i p~eVilr sAt/I Or ~Id 1r dlerA cwbinB 11 IAI ~ pO~rUilrtnJ. . ~ENER~tt MOTES ~ ; p: ' • . • . . • p. Q 6•. ~ . Ai 1 work shall confore to the applicable sections of ' ~ • the Standard S f • . . ' • • ~%a" peci ications, State of California, ' ' Departrent ~f iransportat ion", current edit ion and ~ , .d ' ~ . the following General Notes; , • D. S~bgrodt p`tAara►hon sla/l bt cons~ivthd ~rvt to Q►oaM ~ • . , • ~ ~ . , ~ 1 ~2 c• 0l~d trOSS stCliOA ~r/A canpoclion Q/ 90'Xi !0 0 aUp►A ai 0.30. /tN Owlorr svb9roak ConuNt e~ Close 'e" l1 sec+►1 o~rd sAadl b~ TYPE "1b1- 2" MEDrAw CURB , irNAM Z~ Sit twwp. Threw lwnrs sAo~l or swtocld oA,AI ~ p~orrd ~Ixl /a lE~trtldedl • IAI concrt/t and shall bpl b• Itss IAaM / i~r ~A~ olf~ blind ~lottd. coo and Jars sl►o/l Dt horreJed sn%a~►A, IAIn givn o linav line erwA linrtA. WA trt txnJarq curbs arc ro bI reaprbetd~ carshvcliar sAoll nre/cA exisli~q consh~liarr LrMt~t orAwnrlt datcltd br Ih1 E~qi~►. Cancnrl sAo/l caarloM ~ odddirl! vn/ISS prior opproro~ ' it oblarnN /ionr /At Cllr Engn►ttr. CondN! sMll bI cored ,►iM o wAi1I A►gn►IMtd coring cornpornl conrplpinq /o Sdcfion 90-019 0/ M!t Slondo~d • J SptcilltolNlll. Exishnq stcfions o/ cu►O sAa+l bt so~rcvl of lhI linrilr of IAI oits /o Ot ~rcvnsliwcled. Jorv~1! ~oJ fo+►nMd Ca►or E,rponsan jowrts sAoll bI corn- slrvr/Id rrnr ,~0' MvIA rroNtnrd p/anr jowls a~ !3,' (01 EslwaMd Curbs wtotlnN pone /oml slbll ~ 11 E~ ~ S u , ~ ~ ~99 b~ cons/rvc/tO of is' in/trroh. awwwr w rw Mn ~tl r+r►o d ionq~lvoino~ ~t0ors sAoll br ploctd p" ~ ST,gNDARO oec. 9 1982 beh►etn ~At curb and Host stdion. Bors sAoll peC, IS _ 82 Aar o 2 miginwnr rtHicol chorarrd and thabl K.M.. b. t~~tda~d ,~,o ,~t ~~ra n,o:a sK,;arR MEDIAN CURBS ' ~ L.D. None - CITY OF OAKERSFIELD CALIFORNIA S•v~ a,~n EtVG1Ntt111lVO DErARTM~NT ST-!8 ALTERNATE LOCATION TO 8E TYPE B.S.S. .USED WHEN THE SIDEWALK Y 2~~ GALVANIZED PIPE EXTENDS FROM THE CURB J AS PER AMERICA TO THE PROPERTY LINE, Q N FENCE CO. PARTICULARLY IN COMMERCIAL w AREAS.._,_, ~ II N ~ ~ p It_ 0 I ti Y . il~ V II Q ~ i~' I I m 2 0 r . :..I. . 1 ~ ~ I' p ~ • , ~ ~ ~ sib S~~MIN. s. L_~ CLASS' ~~8~~ PC.C. M - APPROVED M ISCELLANEOUS SIGN .DETAIL CITY ENGINEER RtCORDE~..__f~..._ CITY OF BAKERS~IELD DArc /2/os/8S N flOOK_....AT laAa><_____ CA L t Fp R N I A DRAWN E. G ORftf CIAL RtCOROf OI► KERN COUNTY. CJ1LIhORNlA ENGINEERING DEPARTMENT cH~cxioS.L, jJ{/,. y PROPOSAL FOR TRAFFIC SIGNAL ON WHITE LANE AT WILSON ROAD To the City Clerk of the City of Bakersfield: The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this pro- posal is made without collusion with any other person, firm or corporation; that he has carefully examined the location of the proposed work, the annexed pro- . posed form of contract and the plans therein referred, to; and he proposes and agrees if this proposal is accepted, that he will contract with the City of Bakersfield, in the prescribed form of contract hereto annexed, to provide all necessary machinery, tools, apparatus and other means of construction- and to do all the work and furnish all the materials in accordance with the plans and spe- cifications 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- perty of the City of Bakersfield . a .Bidder acknowledges receipt of the followingaddendum: ~.r. ~ ~ ITEM ESTIMATED+ UNIT OF~ ITEM ~ UNIT PRICE ~ EXTENSION N0. QUANTITY MEASURE (in figures) PRICE (in fi urea) 1. Lump LS Install traffic Sum signal and lighting system 2. 890 SF ~ Remove striping and pavement markings 3. 113 LF Median curb Type M-1 or M-2 y 4. 3.1 TON Aggregate Base, C1.2 _ . _ SIGNED Bidder 040991 D43 WHTLN.34 Page 1 of 2 GEG/mro ITEM ESTIMATED~LINIT OF~ ITEM ~-UNIT PRICE ~ EXTENSION N0. QUANTITY MEASURE (in figures) PRICE (in figures e I 5. 4 EA ~ Install roadside signs (GSP Post) + ^ I - TOTAL: $ SIGNED Bidder Company Address ` City State Zip Code ~ ) Area Code Telephone Number License No. and Expiration Date THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PENALTY OF PERJURY. 040991 D43 WHTLN.35 Page 2 of 2 GEG/mro The Extension Price has been calculated by multiplying the Estimated Quantity by the Unit Price. In the case of lump sum items, the Estimated Quantity shall be unity. The Bid Total is the sum of all Extension Prices. Bidder agrees that in case of any discrepancy between the Unit Price(s) and the respective Extension Price(s) and/or the Bid Total, the Unit Price(s) shall .prevail, and the~bid submitted shall be the correctly computed sum of all _ correctly computed Extension Prices, provided, however, if the amount set forth as a Unit Price is unintelligible or omitted, then the amount. set forth in the Extension Price column for the item shall be used to determine the correct Unit Price in accordance with the following: (1) As to lump sum items,~the amount set forth in the Extension Price column shall be the Unit Price. (2) As to unit basis items, the amount set forth in the Extension Price column shall be divided by the estimated quantity for 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 (1y} percent of prime Contractor's E~ total bid, or TEN THOUSAND DOLLARS ($10,000}, whichever is greater, and the portion of the work which will be doneby eachsubcontractor. 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 4 (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. 091989 SP.LOSC [This form shall be completed by all Bidders and submitted with the Bidj __r__ TRAFFIC SIGNAL ON WHITE LANE AT WILSON ROAD s 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 ref rain from bidding; that the bidder has ,A 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, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the. .contract of anyone interested in the proposed 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 _ D43 WHTLN.36 SP.NCA Accompanying this proposal is (NOTICE: Insert the words "cash "cashier's check," "certified check," or "bidder's bond," as the case may be), in amount equal to at least ten percent of the total of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE If bidder or their interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof ; if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state .first and last names in full. . Licensed in accordance with an act providing for the registration of Contractor's License No. r 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..... 050590 PWSPEC ~ SP.BIDNOTC BIDDER'S BOND TO ACCOMPANY PROPOSAL (Not necessary if cash or .certified, check is with bid} KNOW ALL MEN BY THESE PRESENTS: That we t,~ ~ as principal, and as surety, are held and firmly bound unto the City of Bakersfield, a body politic and corporate of the State of California, in the sum of dollars to be paid to said City, for which payments, well and truly to be made; we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH: That if the certain proposal, hereunto annexed, to construct in the City of Bakersfield 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 i assigns, shall duly enter into and execute a contract, to construct said. improvements aforementioned, and shall execute and deliver the two bonds required by law, within ten days (not including Sunday) from the date of a notice to the above bounden principal, that said contract is ready for execution, then this obligation .shall become null and void, otherwise it shall be and remain in full force. and effect. IN WITNESS, WHEREOF., we have hereunto set our hands and seals this day of I9 (Seal ) (Seal ) _ (Seal) ~ r 081889 4 BID.BOND b~,,,, , ~ ra~C l Ul L Id ,.r, 1 I 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 State BID.BOND1 Page Z of 2 1 GUARANTEE TRAFFIC SIGNAL EQUIPMENT CITY OF BAKERSFIELD Department of Public Works 1501 Truxtun Avenue, Annex Building Bakersfield, California 9.3301 In accordance with the terms of Contract No. ,for: TRAFFIC SIGNAL OH WHITE LANE AT WILSON ROAD awarded on between the City of Bakersfield (hereinafter referred to as the City), and the undersigned, which contract provides for the . installation of li htin$ a d/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 an of the equipment installed pursuant to said contract, Y except lighting elements, prove defective or should the system as a whole prove defective, due to faulty workmanship, material furnished, or method of installa- tion, or should .said system or any part. thereof fail to operate properly, as Tanned, due to any of the above causes, all within (1) year after date on which. P said contract is accepted by the City, the undersigned agrees to reimburse the Cit u on demand, for its expenses incurred in restoring said systems to the y~ P condition contemplated in said contract, including, the cost of any equipment or materials replaced, or, upon demand by the City, to ,replace any such equipment and repair said systems completely without cost to the City, so that they will . operate successfully as originally contemplated. The Cit shall have the option. to make any needed repairs or replace- . y ments itself or to have such replacements or repairs done by the undersigned. Prior to such replacement or repair work being done by the City, the undersigned shall have the option to make any needed repairs or replacements. In the event the ~tty a ec~s to l~~~e sar~wo~k--~e-r-f o~med~y tie-und~sig~e~-,~h~ enders-i-gne-d agrees that the repairs shall commence to be made and such materials as are nec- essar shall commence to be furnished and installed within Twenty-Four (24) Y hours of the date specified in the City's written notification. Contractor shall prosecute with due diligence to complete the work within a reasonable period of time, as specified in the City's written notification. Said s stem will be deemed defective within the meaning of this guar- y antee in the event that-they fail to operate as originally intended by the man~- facturers thereof and in accordance with the plans and specifications included in said contract. Date Contractor's Signature J - Firm Address { D43 WHTLN.31 G.TSE GUARANTEE MATERIAL AND WORItMANSHIP CITY OF BAKERSFIELD Department of Public Works 1501 Truxtun Avenue, Annex Building Bakersfield, CA 93301 In accordance with the terms of the Contract for: TRAFFIC SIGNAL ON WHITE LANE AT WILSON ROAD, awarded on between the City of Bakersfield (hereinafter referred to as "City"), and the undersigned, which contract provides for the installation of traffic signal and lighting sgstem, and ofher 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. We also agree to repair and/or replace, at our own cost and expense, any work and/or materials that we may disturb or displace in making good such defects. .Within twenty-four (24) hours after being notified in writing by the .City or the City's representative, or the agent of r . 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 D43 WHTLN.38 G-WKMSHP.M HOLD H~P~RMLESS AGREEMENT CITY OF BAKERSFIELD IT, I S HEREBY AGREED that _____r agrees t o indemnify and hold harmless the City of Bakersfield, its agents, employees or any other ersons against loss or expense, including attorneys fees, by reason of the P ' flit im osed b law upon the City, except in cases of the Cfty's sole liab y p y ne li ence, for damage because of bodily injury, including death at any time g g resultin .therefrom, sustained by any person or persons, or on account of damage g to ro ert arisin out. of or in consequence of. TRAFFIC SIGNAL ON WHITE LANE AT P P y g WILSON ROAD. IT IS FURTHER UNDERSTOOD AND AGREED that the Contractor shall (at the ' 't defend the Cit of Bakersfield with appropriate counsel and option of the Ci y), y . shall further bear all costs and expenses, including the expense of counsel, in } the defense of any suit arising hereunto. . DATED _ Contractor's Name Authorized Signature . HHA D43 WHTLN.39 SAMPLE SAMPLE CONTRACT N0. r.. ...r, [DESCRIPTION OF WORK TO BE PERFORMED -CITY OF BAKERSFIELD THIS AGREEMENT, made and entered into on ~ ~ by and between the CITY OF BAKERSFIELD, a municipal corporation, hereinafter called "Cit and ,hereinafter called ''Contractor"; Y WITNESSETH: WHEREAS, 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. NOW THEREFORE., it is mutually agreed by and .between ,the parties hereto as follows: 4 ARTICLE I Contractor agrees to furnish supplies, equipment, labor and materials for ' within the City of Bakersfield. ARTICLE II , The followin shall be deemed to be part of this contract as if fully g set forth herein: 1. Notice to Contractors 2. Special Provisions 3. Bid Proposal 4. Bidder's Bond 5 . Performance Bond 6. Material and Labor Bond 7. Letters of transmittal,: if any 8. All provisions required by law to be inserted in this contxact whether actually inserted or not. 9. ;Hold Harmless Agreement 10 . Current PW1 (if required by .Specifications ) 120589 PWSPEC -1- CONTRALTI . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day. and year first-above written. "CITY" "CONTRACTOR" CITY OF BA~ERSFIELD y _ _ y_.-. e-- CLARENCE E. MEDDERS, Mayor . APPROVED AS TO~FORM: By_._. - . City Attorney APPROVED AS TO CONTENT.: By - - . Public.Works-Director COUNTERSIGNED: BY_._,r...._.._ Finance Director . .2_ CONTRACT2 ' , To be completed by the Contractor, if he elects to substitute securities in lieu of .retention ] . ESCROW AGREEMENT F08 SECURITY DEPOSITS IN LIEU OF RETENTION THIS ESCROW AGREEMENT is made and entered into by and between whose address i s _ hereinafter called "Owner", whose address is~ _ _ - - - - r...._..._...._.._.~... _ 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 a 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 beaween the Owner and Contractor for _ h . in the amount of ~ dated _ _ _ _ ~ _ (hereinafter ref erred to as the."Contract"). When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify .the Owner within ten (10) days of the deposit . The market value, of the securities at the time of the.. substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract ,between the Owner and Contractor. Securities shall be held in-the name of and shall designate the Contractor as the beneficial owner. . 2. The Owner. shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant. to the Contract rovisions provided that the Escrow Agent hold securities in the form P ~ and amount specified above. 3. Alternatively, the Owner may make payments. directly to Escrow Agent fn the amount of retention for the benefit of the Owner until such time as the escrow created hereunder is terminated. 112790 PWSPEC -1- EA.1 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. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall~be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without .notice to the Owner. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow, Account only by written notice to Escrow Agent accompanied by written authorization from Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.. 7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor.. Upon seven {7) days' written notice to~the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the . Owner. 8. Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has. complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow -fees and charges of the Escrow Account. The escrow shall b.e closed immediately upon disbursement of all moneys and securities on deposit and payments of fees w and charges. , 9. Escrow Agent shall rely on the written notifications from the Owner and the~Contractor pursuant to Sections {4) to (6), inclusive, of this a reement and the Owner and Contractor shall hold Escrow Agent harmless from g 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, are as follows: On behalf of Owner: On behalf of Contractor: ~r..~~ Tim ~ Title _ _ -.r.. - - - Name Name. Signature Signature Address Address 112190 PWSPEC -2- EA.2 r f On behalf of Escrow Agent Title ~ ' - - - Name Signature - - f Address At the time the Escrow Account is opened, the_-Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. rr Owner Contractor w~~ .rte-~..~ mow. r ~ Title Title Name Name Signature 'Signature NOTE: THIS.. PART SHALL REMAIN IN EFFECT ONLY UNTIL JANUARY 1, 1992, AHD AS OF THAT DATE IS REPEALED, UNLESS A LATER ENACTED STATUTE, WBICH IS CHAPTERED ON OR BEFORE JANUARY 1, 1992, DELETES OR EXTENDS THAT DATE. 112790 - PWSPEC -3- EA.3 / ~ 1 FAITHFUL PERFORMANCE 80ND KNOW ALL MEN BY THESE PRESENTS,. THAT, WHEREAS, the CITY OF BAKERSFIELD, California, a municipal corporation, hereinafter designated the "Owner," has, on _(DATE OF AWARD). 19` , awarded to (NAME OF CONTRACTOR) 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 (PROJECT DESCRIPTION__) _ and WHEREAS, said Principal is required-under the terms, of said contract to furnish a bond for the faithful performance of said contract: NOW, THEREFORE,. WE, the Principal, and (LEAVE BLANK FOR_____ r 80NDING COMPANY) , 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 r Princi al his or its heirs, executors, administrators, successors, or assigns, P shall in all things stand to and abide. by, and well and truly keep and V faithfully perform the covenants, .conditions, and agreements in the.-said contract and any alterations made as therein provided, on his or their part, to be ke t and erformed at the time and in the manner therein specified, and in P P all respects according to their true intent and meaning, and shall indemnify and save harmless, the. Owner, its officers and agents as therein stipulated, then. this obli ation shall become null and void; otherwise it shall. be and remain in 8 full force and virtue and. Principal and Surety in the event suit is brought on this bond, will pay. to the Owner such reasonable attorney's fees as~shall be fixed by the court . As a condition recedent to thesatisfactory completion of the said P contract,~the above obligation inthe said amount shall holdgood for a pe~r~iod 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 acce tance~of said work, and resulting from or caused by de~f~ective materials P and/or faulty workmanship in~the prosecution of the work done, the above obligationin the said amount shall remain in full force and effect. However, an thing in this paragraph to the contrary notwithstanding, the obligation of Y the Surety hereunder shall continue so long as any obligation ofthe Principal remains. 011789 Page 1 of 2 ~ PW.BOND1 And the said Suret ,-for value received, hereby stipulates, and agrees Y 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 ; ka accom an in the same shall, in any way, affect its obligations on this bond., P y g 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 s ecifications. Said Surety hereby waives the provisions of Sections 2819 and P 2845 of the Civil Code of the State of California . Asa art of the obligation secured hereby and in addition to the P amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable, attorney's fees, incurred by the Owner in successfull enforcing such obligation, all to be taxed as costs and included in y any judgment rendered. ~ IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their seals this ~ w _ 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 v Signature for Surety Title (Seal) f Attach notarization form for each required signature ( D42 PW-BflND.2 Page 2 of 2 051190  This form should be sent to the Joint Apprenticeship Committee o. the craft or trade in the area of the site of the pubilc work. if ~ R}{S ou have an questions as to the address of the appropriate PUBLIC Y y Joint Apprenticeship Committee, con-tact the nearest office of C 4 NTRACT AWARD I N FC RM ATi ~ N the Division of Apprenticeship Standards (DASj. Consult your ;iephons directory under California, State of, Industrial ~eiauons, for the DAS office in your area. NAME OF Cor(fRAC T oR ' CCNTRACTOA'S STATE I.ICEivSE fvO. CONTRACTOR'S MAL.lNG AOOAESS -NUMBER 8 STREET, CITY, ZIP CODE AREA CODE 8 TH.EPHONE N0. NAME b LOCATION OF PUBUC WORKS PflOJECT ~ DATE OF CONTRACT AWARD DATE OF EXPECTED OR ACTUAL START OF PROJECT NAME & ADDRESS OF PUBUC AGENCY AWARDING CONTAAC7 'ESTIMATED NUMBER OFJOURNEYMEN HOUflS APPREiVT1CES NUMBER TO 8E EMPLOYED . ~ APPflOXIMATE DATES TO BE ~MPl.OYED OCCUPATION OFAPPflENTiCE . Check one 4f The Boxes Below: i atch of a rentice s for this 'ob. We voluntarily choose to comply with the applicable Joint 6oz t We request d sp pp J of this 'ob onl in trainin the apprentice(s). We Apprenticeship Committee Standaras for the duration j Y. 9 assume no other obligations to .the committee or unions under State or Federal laws. h of a rentice s for this 'ob. We do not ..wish to follow the applicable Joint Box 2 , We .request dispatc PP O J , . d train rentices instead, we a ree to employ an Apprent~cesh~p Committee Standards in tram~ng the app 9 a rentice s in accordance with .the California Apprenticeship Council regulations governing employment of PP ( ) a rentices on public work projects. We assume no other obligations to the committee or unions under PP State or Federal laws. ad a roved to train a rentices by the applicable Joint Apprenticeship Committee and we will Box 3 ~ We are alre y pp PP employ and train under the Standards. We do not re uest the dis atch of a rentice(s) .since apprentices .are not required on this job under the Box 4 ~ q P PP provisions of California Labor Code Section 1777.5, because: J 1 . ~ Signature Typed Name Title Date State of California Department of ,Industrial Relations DAs Sao (New ti9o) DIV1S10N 4F APPRENTICESHIP STANDARDS . n~~~Qn VVlr l✓V k } F'T l~ lp~ C ~ ~ '