Loading...
HomeMy WebLinkAbout1993 Special Provisions Project 81015IL° Y' COPY N0. CITY OF BAKERSFIELD . CALIFORNIA R E T NTRACTO S NOTIC 0 CO SPECIAL PROVISIONS BID PROPOSAL AND CONTRACT FOR ,~y" TRAFFIC SIGNAL MODIFICATION ON UNION AVENUE AT 30TH STREET/PACIFIC STREET ,A '.y, IsP~ BID OPENING: DATE JANUARY 15, 1993 TIME 11:00 A.M. PROJECT N0. 81415 ~S * ~ AY~L/ Fft.I~ r~ DEPARTMENT OF PUBLIC WORKS ~ ~ CITY OF BAKERSFIELD ~ ~ 32300 r 1~5 O 1 TRUXTUN AVENUE N~• .,,y, . BAKERSFIELD, CA 93301 2 EXP.~Z Telephone: (805) 326-3724 ~ ~~`~.,a~ r ~ 1~ T. $i0i5 QF C~L~~ BD:wrn II: r CITY OF BAKERSFIELD DEPARTMENT OF PUBLIC WORKS NOTICE TO CONTRACTORS r SEALED .PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasing Officer, City Hall, 1501.Truxtun Avenue, Bakersfield, California, Unti111:00 o'clock A.M. on JANUARY 15, 1993 to be publicly opened and read immediately thereafter in the City Council Chamber, for the following work: TRAFFIC SIGNAL MODIFICATION ON UNION AVENUE AT 30TH STREET/PACIFIC STREET .Plans and specifications, and forms of proposal, bonds, and contract, may be obtained at the office of the Purchasing Officer by posting a refundable deposit of Zero Dollars ($0.00} for each complete set. Refund of deposit will be made provided the plans and. specifications are returned to the Purchasing Officer within twenty-one (21) days from date of bid opening and the documents are in reasonable good condition. The City assumes no responsibility for non-receipt of bids due to any delay, including but not limited to carrier delay. It is the bidder's responsibility to meet the deadline stated above. . No bid will be considered unless it is made on a proposal form furnished by the Purchasing Officer, which appears herein immediately following the SPECIAL PROVISIONS of the project, and is made in accordance with the provisions set forth under Section 2, "Proposal Requirements and Conditions" of the Standard Specifications. Each bid must be accompanied by a proposal guarantee in accordance with the requirements of article 2-1.07 of the said Section 2 of the Standard Specifications. The City of Bakersfield reserves the right to reject any or all bids. Bids are required on the entire - work .described herein. Substitution of securities for moneys retained to ensure performance shall be permitted pursuant to .the provisions and requirements of Public Contracts Code 22300. Eligible securities include interest bearing demand deposit accounts, standby letters of credit, or any other security, agreed to by the Contractor and the City of Bakersfield. The request for substitution of securities to be deposited shall be submitted on the form. entitled "Escrow agreement for Security Deposits in Lieu of Retention" .included in the back of these special provisions. The Contractor. must possess a valid Class A or a Class C-10 .and Class C-34 Contractor's License at the time this contract is awarded. ~ w, ~ - . . The work completed shall be done in accordance with the Standard Specifications of the Department of Transportation, Business and Transportation Agency, dated July, .1992, insofar as the same may apply. Pursuant to Part 7 of Division 2 of the California Labor Code (Section 1720 et seq.} the Contractor shall not pay less than the prevailing rate of wages to workers on this project as determined by the Director of California Department of Industrial Relations. The Director's schedule of prevailing rates is on file and open for inspection at the City of Bakersfield, Department of Public Works, 1501 Truxtun Avenue, Bakersfield, California. CITY OF BAKERSFIELD DEPARTMENT OF PUBLIC WORKS NOTICE TO CONTRACTORS SEALED PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasing Officer, City Hall, 1501 Truxtun Avenue, Bakersfield, California, Unti111:00 o'clock A.M. on "J" N,,~• =5 , 1993 to be publicly opened and read immediately thereafter in the City Council Chamber, . for the following work: TRAFFIC SIGNAL MODIFICATION ON UNIUN AVENUE AT 30TH STREET/PACIFIC STREET Plans and specifications, and forms of proposal, bonds, and contract, may be obtained at the office of the Purchasing Officer by posting a refundable deposit of Zero Dollars ($0.00) for each complete set. Refund of deposit will b~ made provided the plans and specifications are returned to the Purchasing Officer within twenty-one (21)~ days from date of bid opening and the documents are in reasonable good condition. The City assumes no responsibility for non-receipt of bids due to any delay, including but not limited to carrier delay. It is the bidder's responsibility to meet the deadline stated above. No bid will be considered unless it is made on a proposal form furnished by the Purchasing Officer, which appears herein immediately following the SPECIAL PROVISIONS of the project, and is made in accordance with the provisions set forth under Section 2, "Proposal Requirements and Conditions" of the Standard Specifications. Each bid must be accompanied by a proposal guarantee in accordance with the requirements of article 2-1.07 `of the said Section 2 of the Standard Specifications. . The City of Bakersfield reserves the right to reject any or all bids. Bids are required on the entire work described herein. Substitution of securities for moneys retained to ensure performance shall be permitted pursuant to the. provisions and requirements of Public Contracts Code 22300. Eligible securities include interest bearing demand deposit., accounts, standby letters of credit, or any other security agreed to by the Contractor. and the City of Bakersfield. The request for substitution of securities to be deposited shall be submitted on .the form entitled "Escrow. agreement for Security Deposits in Lieu of Retention" included in the back of these special provisions.. The Contractor must possess a valid Class A or a Class C-10 Contractor's License at the time, this contract is awarded. The work completed shall be done in accordance with the Standard Specifications of the Department of Transportation, Business and Transportation Agency, dated July, 1992, insofar as the same may apply. Pursuant to Part 7 of Division 2 of the California Labor Code (Section 1720 et seq.) the Contractor shall not pay less than the prevailing rate of wages to workers on this project as determined by the Director of California Department of Industrial Relations. The Director's schedule of prevailing rates is on file and open for inspection at the City of Bakersfield, Department of Public Works, 1501 Truxtun Avenue, Bakersfield, California. GENERAL DESCRIPTION OF WORK ~ - The work to be performed consists, in general, of replacing an existing traffic signal, adding detection and installing signal interconnect. CITY OF BAKERSFIELD EDGAR W. SCHULZ Public Works Director 3 CITY OF BAKERSFIELD, .CALIFORNIA DEPARTMENT OF PUBLIC WORKS SPECIAL PROVISIONS - SECTION 1- DEFINITIONS AND TERMS 1.1-.Ol GENERAL. This work embraced herein shall be done in accordance with the Standard Speciflications entitled ".State of California, Department of Transportation, Standard Specifications, July, 1992," 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 Sections 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, Transportation and Housing Agency, dated July,1992. 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.. , 4 SECTION 2. PROPOSAL REQUIREMENTS 2-1.01 GENERAL INFORMATION. The Purchasing Officer of the City of Bakersfield,- California, will receive at .her office, City Ha11,1501 Truxtun Avenue, in said City, unti111:00 o'clock A.M. on JANUARY 15,1993 sealed proposals for TRAFFIC SIGNAL MODIFICATION ON UNION AVENUE AT 30TH STREET/PACIFIC STREET 2-1.02 APPROXIMATE ESTIMATE. The Engineer's estimate of the quantities of work to be done and materials to be furnished are approximate only, being given as a basis for the comparison of bids, and the City of Bakersfield does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that maybe deemed necessary or expedient by the Engineer. 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 special provisions, and the contract. It is mutually agreed that the submission of a proposal.shall be considered prima facie evidence that the bidder has made such examination. 2-1.04 REJECTION OF 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. All proposals must give the prices proposed 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.Ob 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. 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 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. 5 2-1.08 OMISSIONS IN SPECIFICATIONS 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 Contractor 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 V~~ITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to the time, fixed in the public notice for the opening of bids by request for the withdrawal of the bid filed with the Purchasing Department. The request shall be executed by the bidder or,his duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after that time, nor may any bid be withdrawn after the time fixed in the public notice for the opening of bids. 2-1.10 PUBLIC OPENING OF PROPOSALS. Proposals will be opened and read publicly at the time and place indicated in the "Notice to Contractors." Bidders or their authorized agents are invited to be present. 2-1.11 RELIEF OF BIDDERS. Attention is directed to the provisions of Public Contract Code Sections 5100 to 5107, inclusive, concerning relief of bidders and in particular to the~requirement therein, that if the bidder claims a mistake was made in his bid, the bidder shall give the Department written notice within 5 days after the opening of the bids of the alleged mistake, specifying in the notice in ,detail how the mistake occurred. 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 any individual, firm, partnership, corporation or combination thereof is interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which such individual, firm, partnership, corporation or combination thereof is .interested. If there is reason for believing that collusion exists among the bidders any or all proposals may be rejected. Proposals in which the prices obviously are unbalanced may be rejected. 6 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. . 3-1.03 CONTRACT BONDS. The Contractor shall furnish two good and sufficient bonds insured by an admitted surety insurer as set forth 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 X100%) of the contract price. The other of the said bonds shall be in an amount of fifty percent (50%) of the contract price and shall guarantee payment to laborers, mechanics and material workers employed on the job under .the contract and shall be in the amount and satisfy the requirements specified in Section 3248 of the California Civil Code. Whenever any surety or sureties on any such bonds, or on any bonds required by law for the protection of the claims of laborers and material men, become insufficient, or the City has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made. of ,the Contractor for such further bond or bonds or additional surety, not exceeding that originally required, as is considered necessary, .considering the extent of the work remaining to be done. Thereafter no payment shall be made upon such ..contract to fhe Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished. 3-1.04 EXECUTION OF CONTRACT. The contract shall be signed by the successful bidder and returned, together with the contract bonds within ten (10) days, not including Sundays, after the bidder has received notice that th'e contract has been awarded. No proposal .shall be considered binding upon the City until the execution of the contract. All contracts shall be considered as being made and entered into in the City of Bakersfield, California. Failure to execute a contract and file acceptable bonds as provided herein within ten (10) days, not including Sundays, after the bidder has received notice that the contract has been awarded, shall be just cause for the cancellation of the award and the forfeiture of the proposal guaranty. 3-1.05 RETURN OF BIDDER'S 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 S-1.06, "Time of Completion" and Article 8-1.07, "Liquidated ~ Damages," of the Standard Specifications, and is specifically hereby made a part of these special provisions. The first paragraph of Section 8-1.03, "Beginning of Work," of the Standard Specifications, is amended to read: The Contractor shall begin work within fifteen (15) days after receiving written notice to proceed. The Contractor shall diligently prosecute the same to completion before the expiration of 35 working days. 7 0 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. The Contractor shall furnish the Engineer with a statement from the vendor that the order for the electrical materials required for this contract- has been received and accepted by said vendor, and said statement shall be furnished within fifteen (15) calendar days from the date of the .contract. Said statement shall show the date or dates the electrical materials will be shipped. No work shall begin on the project without prior written approval of the Engineer until all components necessary for operation. of the signal system are on hand. The Contractor will be granted an extension of time ar(d will not be assessed with liquidated damages or the cost of engineering and inspection for any portion of the delay in completion of the work caused by manufacturing time should approval be given to begin prior to delivery of all signal system components. The number of days extension shall be the working days between the date as determined according to Special Provisions, Article 4-1.01, and the date of receipt of all components as determined by the Engineer. Upon ,receipt of all components, the Contractor shall notify the Engineer in writing and the Engineer will order start of :work in writing. SECTION S -GENERAL 5.1.01 STATE CONTRACT ACT NOT APPLICABLE. Sections 1-L40, "State Contract Act," and 4-1.10, "Arbitration," of the Standard Specifications are deleted. This contract is not governed by the provisions of the State Contract Act. The adoption and use of the Standard Specifications in the performance of the work called for in this contract shall not be construed as an election by the City to proceed under Section 2039b of the Public Contract Code. In the event that a dispute arises between the parties, they are not obligated to submit the matter to arbitration in any form although they may do so upon written. agreement). 5.1.02 ALTERATION IN QUANTITY OF WORK. Increases or decreases in work exceeding an amount of $10,000 or which, together with all other previously approved, change orders for than 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 provisions in Section 5, "CONTROL OF WORK," of the Standard Specifications - and these special provisions. Section 5-1.02 "Plans and Working Drawings", of the Standard Specifications is amended by adding the following paragraph after the fourth paragraph: Working drawings or plans for any. structure not included in the plans furnished by the Engineer shall be approved. by the Engineer before any work involving these plans shall be performed, unless approval is waived in writing by the Engineer. Section 5-1.07 "Lines and Grades" of the Standard Specifications is amended by adding the following paragraph after the first paragraph: Three consecutive points shown on the same rate of slope must be used in 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. 8 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 maybe provided. Any work done in the absence of the Engineer will be subject to rejection.. 5.1.04 .PREVAILING WAGES. Pursuant to Chapter 1 of Part 7 of Division 2 of the Labor Code (commencing with Section 1720), Contractor agrees that in performing said work, by himself or through any subcontractor, eight hours' labor shall be a day's work and forty hours' labor shall be a week's work, and that Contractor shall keep an accurate record showing the name and actual hours worked for all workers employed in said work, and that said record shall be kept open at all reasonable hours for inspection pursuant to Section 1812 of the Labor Code. The Contractor and all Subcontractors shall pay not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime to all workers employed in the construction of this project. The prevailing rate for each craft, classification or type of work is determined by the Director of the California Department of Industrial Relations, and his schedule of prevailing rates is on .file and available for inspection in the Public Works Department) The schedule is incorporated herein by this reference. Tile 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. FIFTY DOLLARS (~50) 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 FIVE DOLLARS (~25) pursuant to Section 1813 of the Labor Code, per worker required to work more. than eight (~8) hours per day or more than forty (40) hours per week, except as provided in Section 1815 of the Labor Code. 5+1.05 PAYROLL RECORDS. The fourth paragraph in Section 7-1.OlA(3), "Payroll Records," of the Standard Specifications .is deleted and shall not apply to this contract. 5-1.Ob LABOR NONDISCRIMINATION. Attention is directed to Section 7-1.OlA(4), "Labor Nondiscrimination," of the Standard Specifications and these special provisions. Attention is also directed to the requirements of the California Fair Employment and Housing Act {Government Code Sections 12900 through 12996), to the regulations promulgated by the Fair Employment and Housing Commission to implement said Act, and to the nondiscrimination, affirmative action and equal employment opportunity requirements in the special provisions. 5-1.07 APPRENTICES. The Contractor's attention is directed to Article 7-1.01A(5), "Apprentices," of the Standard Specifications. All Contractors and Subcontractors shall comply with the provisions of Labor Code Sections, 1?77.5, 1777.6, and 1777.7 relating to the employment of apprentices. 9 If the Contractor does not have a union contract which provides for apprentices, the Contractor and all Subcontractors shall submit .one of the following: 1. A copy of a "REQUEST FOR AN APPLICATION FOR A CERTIFICATE OF APPROVAL TO EMPLOY AND TRAIN APPRENTICES ON PUBLIC WORKS." This request shall be submitted to the local Department of Industrial Relations, Division of Apprenticeship Standards on the Contractor's and each Subcontractor's letterhead or DAS 140, enclosed with these specifications. 2. A copy of an approval to employ and train apprentices from the local Department of Industrial Relations, Division of Apprenticeship Standards. 3. Proof of a Collective Bargaining Agreement with the Joint Apprenticeship Committee providing for apprentices. One of the above shall be 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. If such plan varies from the shoring system standards established by the Construction .Safety Orders of the Division of Industrial Safety, the .plan shall be prepared~by a Registered Civil or Structural Engineer. Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders of the Division of Industrial Safety. Nothing in this section shall be construed to impose tort, liability on the awarding body or any of its employees. .The terms "Public Works" and "Awarding Body," as used in this section, shall have the same meaning as in Labor Code Sections 1720 and 1722 respectively. 5-1.09 SOUND CONTROL RE UIREMENTS. Sound control shall conform to the rovisions in Q P Section 7-1.OII, "Sound Control Requirements," of the Standard Specifications and these special provisions. The noise level from the Contractor's operations, between the hours of 9:00 P.M. and 6:00 A.M., shall not exceed 86 dbA at a distance of 50 feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level. Said noise level requirement shall apply to all equipment on the job or 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. 10 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. f; 5-1.10 PERMITS AND LICENSES. The. Contractor shall procure all permits and licenses, pay ~ all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work from any and all governmental organizationwhich require such permits, licenses or fees. The Contractor shall procure a business license in the City of Bakersfield. 5-1.11 WORKING HOURS. Contractor shall limit his field working hours from 7:00 A.M. to 4:30 P.M. Any deviations must be requested and in writing and directed to the Construction Engineer at the Pre-Job Conference. Written approval from the Construction Engineer is required for work beyond these limits. Any time work proceeds beyond the time limits or on holidays or weekends, the Contractor will be charged for all associated overtime charges and said charges may be withheld from contract retention. 5-1.1Z 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. 5-1.13 CONTRACTUR'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 Department, nor shall the Contractor allow any Subcontractor to commence work on his .subcontract until said certificates of .insurance have been filed and approved by the City Risk Manager and the Public Works Department. Contractor shall be responsible .for any deductibles. under all required insurance policies. 5-1.13A HOLD HARMLESS. The Contractor shall save, hold harmless and indemnify the City, its officers, agents, employees and volunteers from all claims, demands, damages,judgments, costs or expenses in law or equity that may at any .time arise from or related to any work performed~by the Contractor, his agents, employees or subcontractors under the terms of this agreement and shall execute and return with the executed contract documents and bonds the "Hold Harmless Agreement," a copy of which is attached hereto. 5.1.13B INSURANCE. In addition to any other form of insurance or bond required under the terms of this agreement and specifications, the Contractor shall procure and maintain for the duration of this agreement the following types and limits of insurance: .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 liahili ~ 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; 11 Workers' compensation with statutory limits and employer's liability insurance with limits of not less .than one million ($1,000,000) per accident. The workers' compensation policy shall contain a waiver of subrogation endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. s, All policies required of the Contractor hereunder shall be primary insurance as respects the City, its mayor, council, officers, agents, employees and volunteers and any insurance or self-insurance maintained by the City, its mayor, council, officers, agents, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. All policies shall contain the following endorsements: . An endorsement providing the City with ten (10) days written notice of cancellation or material change in policy language or terms. - If any part of the work under this agreement is sublet, similar insurance shall be provided by or on behalf of the subcontractors to cover their operations. The insurance required under this agreement shall be maintained until all work required to be performed under the terms of this agreement is satisfactorily completed as evidenced by formal acceptance by the City. l All costs of insurance required under this agreement shall be included in the Contractor's bid, and no additional allowance will be made for additional costs which may be required by extension of the insurance policies. 5-1.14 CONTRACTOR'S AUTHORITY. At the preconstruction meeting, the Contractor shall provide the City with the foreman's or superintendent's name who will be in charge of this project.. . 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 requirements of .the City Engineer and Superintendent of Streets of the City of Bakersfield and shall conduct his operations in compliance therewith. 5-1.17 RIGHT OF WAY. The right of way for the. work to be constructed will be provided by the. ,City. The .Contractor shall make his own arrangements, and pay all expenses for additional area required by him outside of the limits of right of way unless otherwise provided in the special. provisions. 5-1.18 SUSPENSION OF CONTRACT. If at any time in the opinion of the City Council, the Contractor has violated any terms of this contract, failed to supply an adequate working force, or material of proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing will be served upon him, and should he neglect or refuse to provide means for a satisfactory compliance with the contract, as directed by the Engineer, within the time specified in such notice, the City Council in any such case shall have the 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 12 employ other parties to ,carry the contract to completion, employ the necessary-workmen, substitute other machinery or materials, and purchase the materials contracted for, in such manner as the Engineer may deem proper; or the City Council may annul and cancel the contract and re-let the .work or .any .part thereof. Any excess of cost arising therefrom over. and above the contract price will be charged against the Contractor and his sureties, who will be liable therefor. In the event of such suspension, all money due the Contractor or retained under the terms of this contract shall be forfeited to the City; but such forfeiture 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 special provisions. No partial payment will be made for any materials on hand which are furnished but not incorporated in the work. 5-1.21 FINAL PAYMENT. In addition to the conditions, provisions, and requirements of Article _ 9-1.07B, "Final Payment and Claims," of the Standard Specifications, the following shall apply: The City. may withhold funds, or because of subsequently discovered facts, nullify the whole or any part of any certificate for payment, to such extent as may be necessary to protect the City from loss due to causes including but not limited to the following: a. Defective work not remedied; . . b. Claims filed or information reasonably indicating probable filing of claims; c. Failure of Contractor to make payment due for materials and/or labor; d. Information causing reasonable doubt that the contract can be completed for any unpaid balance; e. Damages to another Contractor; and f. Breach of any terms of this contract. , When any and all such causes are, removed, certificates shall be issued for amount withheld. 13 The fifth paragraph in Section 9-1.07B, "Final Payment and Claims," of the Standard .Specifications is amended to read: The Director will make the final determination of any claims which remain in dispute after completion of claim review.- Aboard or person designated by said Director will review such claims and make written recommendation thereon. The City Engineer shall, after the completion of the,contract, make a final estimate of the amount of work done thereunder, and the value of such work, and the City shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained. under the provisions.of the contract. All prior partial estimates and payments shall be subject to correction, in the final estimate and payment. The final payment shall not be due and payable until the expiration of thirty (30) days from the date the "NOTICE OF COMPLETION" is recorded at the County Recorder's Office and after execution and return by the Contractor of the attached GUARANTEE when applicable. It is mutually agreed between the parties to the contract that no certificate given or payments made under the contract except the final certificate or final payment, shall be conclusive evidence of the performance, of the contract, either wholly or in part, against any claim of the party of the first part, and no payment shall be construed to be an 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 Specificatians.is replaced with the words "unit price": .Third paragraph of Section 18-1.05, "PAYMENT'. Third paragraph ofSection 24-1.11, "PAYMENT'. Tenth paragraph of Section 39-8.02, "PAYMENT'. 5-1.23. HAZARDOUS MATERIALS. The Contractor shall be held responsible for his workers and subcontractor's well-being and their education of handling hazardous materials when hazardous materials are encountered during this project. SECTION b. CONTROL OF MATERIALS b-1.01 GENERAL. Control of materials shall conform to the provisions in Section 6, "Control of Materials," of the Standard Specifications and these special provisions. . At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before delivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the contractor or producer. of all materials to be used in the work, for testing or examination as desired by the Engineer. All tests of materials furnished by the contractor shall be made in accordance with commonly .recognized standards of national organizations, and such special methods and tests as are prescribed in the specifications. 6-1.02 BORROW, DISPOSAL AND MATERIAL SITES. The operation of any borrow or disposal sites used by the C~~ntractor 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 14 sound control that apply within the ,limits of the contract shall apply to all borrow or disposal sites utilized by the Contractor. -Upon completion of the work, all such sites and haul roads shall be graded and treated so that, at the time of final inspection of the contract, they will drain, will blend with surrounding terrain, and will have a ry 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. CONSTRUCTION DETAILS SECTION 7-1 GENERAL LL 7.1.01 ORDER OF WORK. Order of work shall conform to the provisions in Section 5-1.05, "Order of Work," of the -.Standard Specifications and these special provisions. All striping removal shall be completed a minimum of 2 days prior to signal being placed into operation. Pavement delineation shall be replaced by temporary delineation before opening the traveled way to public traffic. Temporary delineation shall consist of reflective traffic line tape applied in pieces not less than 4 inches long nor less than 4 inches wide spaced no more than 10 feet apart on curve nor more than 20 -feet apart on tangents. Reflective traffic line tape shall be applied in accordance with the manufacturer's instructions. Temporary delineation shall be the same color as the permanent delineation. Full compensation for temporary delineation shall be considered as included in the prices paid for the contract items of work that obliterated the existing delineation and no separate payment will be made therefor. When initially installed, all vehicle and pedestrian signal faces shall be aimed and covered with cardboard or other material with an observation hole (max. l" 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 RELATIONS WITH THE STATE OF CALIFORNIA. The City has been issued a permit for work within the State Highway right of way. However, prior to beginning work, the Contractor shall obtain a permit in the Contractor's name. Any subcontractors which will do work within State Highway right~of-way must be listed on the contractor's permit or they will be required to obtain their own permit. The Contractor shall comply with all the provisions of said permit. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various items of work and no additional compensation will be allowed therefor. 15 7-1.03 OBSTRUCTIONS. Attention is directed-to Section 8-1.10, "Utility and Non-Highway Facilities," of the Standard Specifications, the plans, and the special- provisions. The Contractor will be required to work around public utility facilities and other improvements that are to remain in place, within the construction area or that are to be relocated and relocation operations have not been completed. In accordance with the provisions of Article ?-1.11,"Preservation of Property," and 7-1.12, "Responsibility for Damage," of the Standard Specifications, the Contractor will be liable to owners of such facilities and improvements for any damage or interference with service resulting from conducting his operations. The exact location of underground facilities and improvements within the construction area shall be ascertained by the Contractor before using equipment that may damage such facilities or interfere with the services. Other forces may be engaged in moving or removing utility facilities or other .improvements or maintaining services or utilities. The Contractor shall cooperate with such forces and conduct his operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by other .such forces. Any delay to the Contractor due to utility relocation whether or not the utility is shown or correctly located on the plans will not be compensated for as idle time. However, additional contract time commensurate with such delays may be allowed. At locations where irrigation systems exist, the irrigation systems shall be protected by the Contractor. Any damage to irrigation systems shall be repaired by the Contractor at his own expense. Existing land subdivision. monuments .and stakes .shall be fully protected from damage or displacement and they shall- not be disturbed unless directed by the Engineer. Attention is directed to the fact that nuisance water .may be present at all times along .the. project. It will be the responsibility of the Contractor to~ provide for handling of said water and any expense involved shall be considered as included in the prices paid for the various items of work and no additional allowance will be made therefor. Except in the case of extra work, full compensation for conforming to the requirements of this article shall be considered as included in the prices paid for the various items of work and no additional compensation will be made therefor. 7.1.04 MAINTAINING TRAFFIC. The Contractor shall furnish, install and maintain signs, lights, flags and other warning and safety devices when performing work which interferes with or endangers the safe movement of traffic on any street or highway. Signs, lights, flags and other warning and safety devices and their use shall conform to the requirements set forth in the current "Manual of Traffic Controls -Warning Signs, Lights, and Devices for Use in Performance of Work Upon Highways," published by the. State of California, Department of Transportation. Application and use of devices shall be as specified and as directed by the Engineer. The Contractor shall keep the Bakersfield Fire Department informed at .all times as to the exact location and progress of the work and shall notify them immediately of any streets impassable for fire fighting equipment. 16 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 .UNION.-AVENUE BOTH 8:30-4:00 .30TH STREET/PACIFIC STREET BOTH 8:30-4:00 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. In order to expedite the passage of public traffic through or around the work and where ordered by the Engineer, the Contractor shall, at his own expense, furnish, install and maintain construction - area signs, lights, flares, temporary railing Type K), barricades, and other facilities for the sole convenience and direction of public traffic. Also, where directed by the Engineer, the Contractor shall furnish competent flagmen whose sole duties shall consist of directing the. movement of public traffic. through or around the work. when deemed necessary by the City, .the signs "Road Construction Ahead," ~No. C-18, and "End Construction," No. G13, 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. 7-1.05 EXISTING HIGHWAY FACILITIES. The work performed in connection with various existing f acilities 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 this article shall be considered as included in the prices paid for the various items of work and no additional allowance will be made therefor. 17 7-1.06 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 fiis 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. ?-1.07 REMOVE CONCRETE. Removing concrete shall conform to the provisions in Sections 15, "Existing Highway. Facilities," 16, "Clearing and Grubbing;' and 19-1.04, "Removal and Disposal of Buried Man-Made Objects," of the Standard Specifications and these special provisions. Concrete removed shall be disposed of in accordance with the provisions in Section 7-1.13, "Disposal of Material Outside the Highway Right of Way," of the Standard Specifications. Full compensation -for conforming to the requirements of this article shall be considered as included in the various items of work and no additional compensation will., be made therefor. 7-1.08 REMOVE TRAFFIC .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 the blasting operation is allowed to enter the area that is open to public traffic. Sand or other material deposited on the pavement as a result of removing traffic stripes and markings shall be removed as the work progresses. Accumulations of sand or other material which might interfere with drainage or might constitute a haz~~rd 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 l . 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, "Bituminous Seals," of the Standard Specifications and the following: . In traffic stripe removal areas, the fog seal coat shall be applied over the traffic stripe removal area and to .irregular and varying widths with an average width of 2 feet on each side of the blast cleaned traffic stripe removal area. In pavement marking removal areas, the fog seal coat shall be applied to the blast cleaned rectangular area. Full compensation for furnishing and applying fog seal coat as 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. 18 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 trafpic stripe removed will be determined by the width, of the stripe plus O.b7-foot multiplied by the length of the stripe. The space between double traffic stripes b .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. 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 trafbc 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. 7-1.09 CLEARING AND GRUBBING. Clearing and grubbing shall conform to the provisions in Section lb, "Clearing and Grubbing," of the Standard Specifications and these special provisions. Clearing and grubbing shall be limited to those areas actually affected by the planned construction as directed by ,the Engineer. 7.1.10 DUST CONTROL. It shall be the Contractor's responsibility to prevent a dust nuisance from originating from the site of the work as a result of his operations, or the traveling .public, during the effective period of this contract. Preventative measures to be taken by the Contractor shall include but shall not be limited to the following: 1. Water shall be applied to all unpaved areas as required to prevent the surface from becoming dry enough to permit dust formation. 2. Paved surfaces over which vehicular trafbc is permitted to travel shall be kept free of dirt. Temporary suspension of the work, either as a result of order by the Engineer, or as a result of conditions beyond the control of the Contractor shall not relieve the Contractor from his responsibility for dust control as set forth herein. PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the prices paid for the various contract items of ,work and no .additional compensation will be allowed therefor. ` 7.1.11 ROADSIDE SIGNS. Roadside signs shall conform to the provisions in Section 56-2, "Roadside Signs," of the Standard Specifications and these special provisions. Miscellaneous roadside signs shall conform to City Standard 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}. 7.1.12 OVERHEAD SIGNS. Overhead signs shall conform to the applicable provisions in Section 56, "Signs," of the Standard Specifications and these special provisions. 19 Mast-arm hangers for street name signs will be furnished and installed by the City.. Street name sins 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 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. 7-1.13 MISCELLANEOUS CONCRETE CONSTRUCTION. Portland cement concrete curbs, median curbs, sidewalks, wheelchair ramps, cross drains, drive approaches, driveways and miscellaneous construction shall conform to the provisions in Section 73, "Concrete Curbs and Sidewalk," of the Standard Specifications and these special provisions. MEASUREMENT AND PAYMENT. Quantities of minor concrete (curb and gutter) shall be paid for at the contract price per linear foot. Measurement of which shall be the actual lengths in the field, including breakdowns for wheelchair ramps and driveways. quantities of minor concrete (sidewalk) shall be paid for at the contract price per square foot of sidewalk. Quantities of minor concrete (wheelchair ramp) shall be measured paid for at the contract price per square foot of minor concrete (sidewalk). The above prices and payments shall include full compensation for furnishing all labor, materials (including adhesive, or reinforcing steel and dowels for anchoring curbs to existing pavement), tools, equipment, and incidentals, and for doing all the work involved in constructing curb, sidewalks, gutter depressions, island paving, curb ramps, and driveway, complete in place, .including pavement removal and .tie-in per Standard S-6, concrete removal, subgrade preparation, as shown on the plans, and as specified, in the specifications and the special provisions, and. as directed by the Engineer. SECTION ?-2 TRAFFIC SIGNALS AND LIGHTING ?-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. 7.2.02 CONDUIT. Conduit shall conform to the provisions in Section. 8b-2.05, "Conduit," of the Standard Specifications and these special provisions. Conduits may be installed. by either jackingldrilling or open trench methods. Installation using jacking or drilling shall conform to Section 86-2.OSC, "Installation," of the Standard Speciiications. Open trench installation shall conform to the following specifications: 1. Conduit shall be rigid non-metallic type. Conduit shall be placed under existing pavement in a trench not to exceed 6 inches in width. Trench shall be cut using a rock saw and all loose uncompacted material shall be removed from the bottom of the trench prior to placement of conduit. The top of the installed conduit shall be a minimum of 12 inches below finished grade. 20 \ r 2. The conduit shall be placed in the bottom of the trench and the trench shall be backpilled 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. a 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 an asphalt concrete surface of uniform smoothness, texture, and density. 4. All excavated areas in the pavement shall be backfilled by the end of each work day. Temporary roadmix or other acceptable temporary 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. l ?-2.03 PULL BOXES. Pull boxes shall conform to the provisions in Section 86-2.06, "Pull Boxes," of the Standard Specifications and these special provisions. Recesses for suspension of ballasts will not be required. 7.2.04 CONDUCTORS AND WIRING. Conductors and wiring shall conform to the provisions in Section 86-2.08, "Conductors," and Section 86-2.09, "wiring," of the Standard Specifications and these special provisions. CONDUCTORS -The Contractor shall use multi-conductor electrical cables for all circuits except between the service switch and controller cabinet. 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." 7-2.05 SERVICE. Service shall conform to the provisions in Section 86-2.11, "SERVICE", of the Standard Specifications and these special provisions. Unless otherwise noted, service shall be as shown on the plans and shall be furnished with 100 amp, 240 volt, 3 pole main breaker and the following branch circuit breakers: No. Amps Phase Volts Branch Me= 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-Z.06 TESTING. Testing shall conform to the provisions in Section 86-2.14, "Testing," of the Standard Specifications and these special provisions. The signal shall not be placed in flashing mode, with signal faces uncovered, prior to Functional Testing. 21 FUNCTIONAL TESTING. All functional testing shall conform to the provisions is Section 86 2.140 "Functional Testing," of the Standard Specifications and the following paragraph: Functional test period is included in the number of working days to complete the project as described in SECTION 4, "BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES" of these special provisions. 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 fourth sentence of the first paragraph of Section 86-4.06, "Signal Mounting Assemblies," of the Standard Specifications, shall be amended to read as' follows: Post top slip-fitters and terminal compartments shall be cast bronze or hot-dip galvanized ductile iron. 7-2.08 PEDESTRIAN SIGNALS. Pedestrian signals shall conform to the provisions in Section 86-4.05, ':Pedestrian Signal Faces," of the Standard Specifications and these special provisions. Type G. Each Type G pedestrian signal shall consist of a housing with front screen, a message plate and two light sources, each consisting of luminous tubing and power supplies for the luminous tubing.. The message plate shall be-118 inch nominal thickness ultraviolet-stabilized, prismatic-patterned polycarbonate plastic; 3/16 inch nominal thickness hammered wire-glass; or 3116 inch nominal thickness ultraviolet-stabilized, prismatic-patterned acrylic plastic. The message plates shall have aflat-black surface over the entire projected area except where the. symbols are. located. The material used to mask the message plate shall be hard and durable and shall bond such that it will not flake or peel when the message plate is in use or - is washed. The symbols shall be the only illuminated portion of the message plate. ` The message plate shall be sealed to a polycarbonate case to form a dust tight and weatherproof module. The module shall contain and properly support the luminous. tubing and power. supplies. . . Each light source shall have a separate power supply. Each power supply shall require less then 3b watts with a power factor of not less than 90 percent over a range of input voltages from 105 to 130, at a frequency of 60 ± 1 Hz. . Each symbol shall be not less than 11 inches high and not less than 7 inches wide. Pedestrian signals shall .have front screens conforming to the provisions in Section 86-4.OSB, "Front Screen", of the Standard Specifications. 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 high pressure sodium lamps and integral ballasts with lamp wattage as shown on the plans. 22 An in-line fuse shall be located in the pull box. 7-2.10 PHOTOELECTRIC CONTROLS. Photoelectric controls shall conform to the provisions in Section 86-6.07, "Photoelectric Controls", of the Standard Specifications and these special provisions. Each luminaire shall be provided with a Type IV photoelectrical control. 7-2.11 CONTROLLERS, CABINETS AND AUXILIARY EQUIPMENT. The City will furnish the controller and cabinet assembly for each location. The central pad on the Foundation Detail in State Standard Plan ES-4B shall be increased from a height of 3.5" to a height of 12". 7-1.12. DETECTORS. Detectors shall conform to the provisions in Section 86-5, "Detectors," of the Standard Specifications and these special provisions. Location and layout of detector loops shall be as directed by the Engineer. CONSTRUCTION MATERIALS: 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: Loop wires in the pull box shall be twisted at .a minimum rate of 5 turns per foot, and the splice must be soldered and- completely waterproof. Connect one end of the shield to earth ground {at cabinet} and insulate the other end with no possible path to earth ground. All spade connectors used to attach to terminals inside the controller cabinet shall be crimped and soldered to the conductor. INSTALLATION DETAILS: Installation details shall conform to ,the provisions in Section 86-5.01A (S}, "Installation Details," of the Standard Specifications and these special provisions. 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 Section 86-S.OIA (5) of the Standard Specifications. 2. Asphaltic Emulsion Inductive Loop Sealant conforming to Section 86-5.01A (5) of the Standard Specifications. , Identification of each conductor pair shall consist of labeling the phase and detector slot number (e.g. - 6J2L, 8J8U, 3ISU, etc.) in permanent ink on a tag suitable for such purposes (Stuart Electric Ty Rap, Catalog No. TY5532 or approved equal}. Detector loops in concrete pads shall be sealed with epoxy sealant. 7-2.13 GUARANTEE. The Contractor shall furnish a written guarantee to the City on the form attached, " .guaranteeing all systems, except traffic signal lamps, installed under this contract far 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 23 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 8b-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. 7-2.15 TRAFFIC SIGNAL INTERCONNECT Signal Interconnect Cable shall be six conductor cable conforming to the provisions in Section 86.2.08E, "Signal Interconnect Cable," of the Standard Specibcations and these special provisions. PAYMENT. Full compensation for installing traffic signal interconnect and. pull boxes will be considered as included in the contract lump sum price for traffic signal and lighting system of and no separate payment wiU be made therefor. 24 [INCLUDE WITH DETECTOR SPECIFICATIONS] 8040-41 A-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 Society 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 ether Requirements for Protective Coatings Code of Federal Regulations, Hazardous Materials and Regulations Board, .Ref. 49CFR. 3.0 REQUIREMENTS 3.1 Composition The composition of the loop sealant shall be a sand filled, pourable, water emulsified bitumen. It will be the manufacturers responsibility to produce aone-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 _1_ 25 Asphaltic Emulsion Inductive Loop Sealant 8040-41A-15 3.2.3 Firm set time, hours, ~ 4 maximum test .at one hour intervals, use ASTM D2939 3.2.4 Brookfield viscosity, Poise SO to 125 RVT Spindle #3,10 RPM at 75 + 2"F. 3.3 Properties of the Dried Film 3.3.1 Flexibility, No full depth Use ASTM D2939, except air dry specimens to cracks constant weight at 75 ± Sdeg.F. and SO ± 10% relative humidity. Condition mandrel and specimens 2 hours at 75 ± 2deg.F. before testa 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 ± Sdeg.F, 50 ± 10% relative humidity for minimum of 16 hours. Load rate 0.05 inches/minute use ASTM DZ$23. 3.3.3 Elongation, percent 2.0 minimum Same conditions as 3.3.2 use ASTM D2523 n 3.3.4 Slant•shear strength to concrete, psi, 150 minimum, _ Use California Test Method No. 434, Part VIII. Space with no loss damp blocks with 0.25 inches between slant faces, seal of adhesion to sides and bottom with tape and fill with .the well stirred concrete sample, strike off the excess. Dry in 140deg.F oven to\ constant weight and condition 1 day at 75 ± 2deg.F before testing. Load rate to be 5000 lbs/minute. .3.3.5 Desistance 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. 26 Asphaltic Emulsion Inductive Loop Sealant 8040-41A-15 3.4.2 The sealant shall retain all specified properties under normal storage conditions for 12 months after acceptance and delivery. The vendor shall be responsible for all costs and transportation charges incurred in replacing material that is unfit for use. The properties of any replacement material, as specified in Paragraph 3.0, shall remain satisfactory for 12 months from date of acceptance and delivery. 3.4.3 The sealant shall comply with all air pollution control rules and regulations within the State of California in effect at the time the sealant is manufactured. 4.0 QUALITY ASSURANCE PROVISIONS . 4.1 Inspection This material shall be inspected and tested in accordance with State of California Specification 8010-XXX-99, or as otherwise deemed necessary. 4.2 Sampling and Testing Unless otherwise permitted by the Engineer, the material shall be sampled at the place of . manufacture and application will not be permitted until the material has been approved by the Engineer. 5.0 PREPARATION FOR 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 ar the Interstate Commerce Commission regulations, as applicable. 5.2 Marking All containers of material shall be labeled showing State specification number manufacturers name, date of manufacture and manufacturersbatch number. .The manufacturer shall be responsible for proper shipping labels as outlined in Code of Federal Regulations, Haz<~rdous Materials and Regulations Board, Reference 49 CFR. 27 Asphaltic Emulsion Inductive Loop Sealant 8040.41A-15 6.0 1voTEs ➢ 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. b.3 Certificate of Compliance The manufacturer shall furnish a Certificate of Compliance with each batch of sealant, in accordance with the provision of Section 6-1.07 of California Department of Transportation Standard Specifications, January 1988. 28 STATE Of CAl1fORNIA ' DEPARTMENT OF TRANSPORTATION e ~ R A HMENT PERMIT ENC. ® ~ TR-0120 (NEW 9/91) 0692-NSN-0996 Dist/Co/Rte/PM In compliance with check one): 06-KER•178-82.64 X Your application of October 30, 1992. • y Utility Notice No. of December 7, 1992 ee eposit Agreement No. of ~ ~MP'I' ~ anance t ayment t R/W Contract No. of T $ ~ Bond Company Bond Number 11) Bond Number 121 T0: CITY OF BAKERSFIELD 1501 TRIXTUN AVENUE BAKERSFIELD, CA. 93301 ATTN: Stephen Walker PHONE: 8051326-3959 , PERMITTEE and subject to the following, PERMISSION IS HEREBY GRANTED to: install interconnect conductor cable within existing conduit on State Route 178 right-of-way in Bakersfield, County of Kern, at approximate postmile 82.64 on the west bound off ramp at Niles Street as shown on the attached Traffic Signal Modification Drawing, Sheet 3 of 3. I. NOTICE PRIOR. TO STARTING OR RESTARTING WORK: f n accordance with Item 5. of the attached "Department of Transportation Encroachment Permit General Provisions DM-M-P-2~2B Rev 1189", NOTIFY CALTRANS FIELD REPRESENTATIVE RON VANCE 805/395.2576 . II. CONTRACTORS: Your ,contractor(s) and/or subcontractor(s), if not named on this permit, are required to apply for and obtain a Caltrans encroachment permit prior to starting work in the State . right-of-way. The folbwing attochments oro abo included as part of this permit. ~ In add'~ion to fee the permittee wiY be billed (Check appGcoble~: actual costs;nr. X Yes _ No General Provisions Yes X No Review _ Yes X No UtiGhr Mointenonce Provisans _ Yes X No Inspection Yes X No Speaal Provisions ~ X Yes field Work _ Yes _ No A Cal-OSHA permR required prior to beginning world # pf any Caknons of ~Ort expended) X Yes No The information in the environmental documentatbn hos been roviewed and considered prior to opproval of this permit. This permit is void unbss the work a compbted before Lune 30, 1992. Tha permit. is to be strictly construed and no other work other thou spec'~`ica~y mentioned is heroby authorized. No project work shop be commenced until oU other necessary permits and environmental deoronces have been obtained z ADL ~ APPROVED: c~ D0, RVW, jLF(2), RIW U ' 'ties attach: T-11, T-14, Traffic Signal Mod. Dwg Sheets ?.E~3 of 3 Robert H. Coleman District ~ actor BY: Hal Avakian, Chief Pe ~ Branch Dww^ 1 ..,t 7 , NAIuIE: CITY CF BAKERSFlEID PERMIT t: ~ 0692-NSN•0996 DATE: December 7,1992 III. GENERAL PROVISIONS: The work included in this 't sha11 be accomplished in strict accordance with all items of the attached DEPARTMENT OF T~EZAANS RTATION ENCROA PIEItMIT GENERAL PROVISIONS DM-M-P-202B (REV 1/891 in general AND THE FOLLOWING ITEMS IN PAR- TICULAR: .Item 6. Standards Of Construction and the following: . SURVEY MONUMENTS: In addition to the requirements of Section 7-1.11, Preservation of Pro a De artment of Transportation Standard S 'cations January 1988, and Section 8771, , p Business and Professions Code, the permittee sh physically inspect the work site and locate curve monuments prior to commencement of work. Monuments shall be referenced or reset in y Business and Professions Code. accordance with the requirements of the Item 8. Keep Permit On The Work Site . \ Item 12. Protection Of Traffic and the following: LANE AND RAMP CLOSURE: Whenever a closure is required, the perrmittee shall make the closure by placing appropriate advance signs, flag trees, reflective cones and furnish all necessary safety devices including flagmen and flashing arrow boards, to .properly., protect and direct highway traffic in conformance with the attached Department of Transportation Standard Pian Nos. T•1 i "Traffic Control System For Lane Ciosure On .Multilane Conventional Highways and T•14 "Traffic Control Systems for Ramp Closures The full width of the traveled way shall be opened for use by public traffic on Saturdays, Sundays and designated r le al holida s, after 3:00 .m. on Fridays and the day preceding designated legal holidays, and g Y •p I I holida s are: when construction operations are not actively in progress. Designated ega v Janu 1st, the third Monday in January, the third Monday in February, the last Monday in May, July 4th, the first Monday in September, the second Monday in October, November 11th, Thanks 'vin Da and the day after,, and December 25th. When a designated legal holiday ~ g Y falls on a Sunday, the following Monday shall be a designated legal holiday. When November 11th falls on a Saturday, the ~ preceding Friday shall be a Designated legal holiday. TRAFFlC CONTROL HOURS: Work requiring traffic control shall be conducted between 9:00 am and 3:00 pm or as otherwise authorized by the Caltrans Field Representative. Item 13. Mfinimum Interference With. Traffic IV, SPECIAL PROVISIONS. DRAWINGS All work shall be in accordance with the attached permittee-fiunished, State-approved, drawing marked Traffic Signal Modification On Union Ave At 30TH SteetfPacific Street, No 2 & 3 of 3 Sheets. The locafion of work to be done on State right-of-way is shown on Sheet 3. w w tw MAA1~ / Af / DEPARTMENT OFTRANSPORTATiON ENCROACRMEHT PER~dIT Q~EHERAL PROVI3I01~8 DM•M-1~•ZOZH tRen.1/NI 1. Anthoritr: Each Encroachment Per- 9. CoalUctiog Permits; If ~ prior Utilities are sub ject to the provisions of roil is issued in accordance with Chap- encroachment conflicts with the pro- Section 22512 of the California Vehicle ter 3 of Division 1, commencing. with posed work, the star permittee must Code (CVq. Section fi60, tt segN of the Streets and arrange for any necessary removal 15. Cate o~iDrataage; If the work contem- HighwaysCode tSHq. or relocation with the prior permitter plated in any Encroachment Permit 2. A~oattlom Except as otherwise pro- Any such removal der relocation will be sha11 interfere with the established vided for public corporations, frun- at no expense to the Department drainage ample provision shall chase holders, and utilities . En- 10. Permits Pyrom Other Ageaciar The be made by the permittee to provide croachment Permits an evocable on party or parties to whom a permit Is for it as may be directed by the five (5) days' notices These General Pro► issued shall, whenever required by law, .Department visions, Utility Maintenance Pro- secure the written authorization for lg. ~tatiogRepairs W everyc;ass theper• visions, and anyEncroachment Permit anywork that must be approved by the mattes shall be naponsible for restor- issued hereunder are revocable or sub- Public Utilities Commission (PUq of ing to its former condition as nearly as ject to main or abrogation at the State of Californie~ CALrOSHA, or may be possible any portion of the any tials without prejudices however, any other public agency having juris. State hi~ghwety facility which hat been to prior rights including those eviden- diction Faflun to complywith the law, excavated or otherwise disturbed by cad by joint use agt~eements franchise as noted abavs will invalidate the permittee The permitter shall main- . rights reserved rights or any other Department's permit fain the surface over facilities placed agreements for operating purposes in 11. ProTltieas for P When under any permit If the highway is not -the State i~IgbWay right ofway. facilities exist, a minimum sidewalk natoredashereinprovlded for, orifthe 3. ~tespoadble Party: No party other ,and bikepath width of four fret (4~ .Department elects to make repaira► than the named permittee or their shall be maintained at all times forsafe permittee agues by acxeptancx of per• agent is authorized to work under psrssage through the work area At no roil to bear the coat thereof: my permit tithe shall pedestrians be diverted onto 17. Pern~itt for Record Ontr: If occupa- 4. Acaptaace of Provisions It is a portion of the street used for lion of highway right-of-way is under understood and agreed by the permit- vehicular traffic At locations when joint use agreement or under prior tee that the doing of any work under ad jacent alternate waalk~vays cannot be easement, Encroachment Permits a►ill . this permit shall constitute an accep` provided appropriate :signs and be issued to the permittee for the pur- lance of the provisions of this permit barricades shall be installed at the pose of providing the Department wrath and all attachments. limits of construction and in .advance notice and a record of work The permit A 5. l~otice Priotto StartingWor~ Before of the closure at the nearest crosswalk will also specify the current terms and starting work under the Encroach- or intersection to divert pedestrians conditions relating to public safety. No went Permit, the permittee shall notify across the street new or different rights or obligations the designated Department npnsen- 12. P~ro~ctios of Traffic Adequate pro- are intended to be~ created by the tative two (2) aroridng days prior to area- .visions shall be made for the protection permit in such cases and all such prior tial start of Work When work has been of the traveling public Warning signs rights shall be fully protected, interrupted formore than five (5) work- .lights and safety devices and other Encroachment Permits issued. in such ing days an additional 24-hour measures requtnd for the public uses shall have designated across the notification is required before restart- safety, shall .conform to the face theno~ "Notice and Record ing work wnless a pro-arranged agree- meets of the Manual of Traffic PurposesQnly''. (DiatrictOfficeofRight menu has been made .with the Controls issued. by the Department of Way must give apprapa! for this Department's rtpesentativ~ Unless Traffic .control for day or nighttime designations otherwise spa~fied all work shall be lane closures shall be fa confornance 18. Clean IIp o~Wiy: Upon com- performed on weekdays and during with Department Standard Plans for pletion of the worl~ all brush, timber. normal arorking hours of the Depart- Traffic Control Systema► Nothing in the `scraps material, etc, shall be entirely meet's repnsaatattva permit is intended as to third parties removed and the rightofway shall be fi. Staa~dards of Coastracdoas All work to impose on permfttee any duty. or left in as peseatable a condition as performed within the highway shall standard of cars greater than or dif• existed before work started conform to standards of ferent than the duty orstaadard of care 19. Cat ayWor~ Unless otherwise stated construction and the current Depart- imposed by law. onthepermitorotherseparate~vritten went Standard Specifications Stan- 13. ~[iaia~nsm Iaterteteaoe with Tray agreement, all costs incurred for work lord Plans and Manual on High and ~ All work shall be planned andcar- wishing the State right-ofway pur• Laa► Risk Fadlities Within Hlgha►ay .rigid out so that then will. be the least scant to this Encroachment Permit Rights-oi:Way and any Special Pro- possible inconvenience to the travel- sha11 be borne by the peraaitteG and visions elating thereto ing public The permittee is authorized permittee hereby waives all claims for 7. Iaspeetioa aaa Approal by the to place properly► attired flaggerts) to indemnification or contribution from Department All Work shall be sub jeer slop and warn conventional hilg~haray the State for such work. to monitoring inspection, and traffic Traffic shall not be unreason- 20. A~ctoalCatBiUiagi When the permit• appr+otial by the Department The per- ably delayed Flagging procedures shall tee ~ is to be billed actual coats (ace anittee shall request a final fn~spection be is conformance with the Instruo- indicated on the face of the permiq, and acceptaaa of the work ttons to Fiaggera pamphlet and/or such costs will be at the current hourly & E►eep Permit ea the Work Sits The Manual of Traffic Controls for rate established by the Department for Encroachment Peewit or a copy Construction and Maintenance Work ~ Encroachment Pera~ita thereof shall be kept at the site of the Zones issued by the Department 21. Plans .For installation of all arork and must be shown to any rep- 14. 8toraga of Egaip~at wad liaterLls underground fadUtie4 and all turfaa rrsentative of the Department or any The permittee shall install temporary work or other actfirity of oonsequencs lacer enfortxmmt officer on demand ruiliag (Type ~ between way lane the penmittee shall furnish five (5) eels WORK SHALL BE SUSPENDED IF lag public traffic and any obstacls of pleas showing location and con- PERMff IS NOR` AT JUB SITE AS material stored or equipment parked struction or other activity with its r. _ ' MUVIULU within twolyp fMt (17'1 of tl,gb 1,2,n• O%q%v%l4 +4f%q% "4%4.a. 0'4%0%1 completion and acceptance of the performance of work or other activity thereon, and hold the same as if work, one (1) set of as-built plans shall under the permik or arising out of the said permit had never been made or be submitted to the District failure on the permittec's part to per- ~ issued , 22. Soad~a~ This permit shall not be .form his obligations under any permit 26. lro P~reeed~eat EstabdsLed: this per• effective for any purpose unless, and in respect to maintenance or any other mit is issued with the understanding d until the permittee f Ues with the obligations, or resulting from defects that any particular action i~ not to be Department a aunty bond when or obeyructions or from any cause considered as establishing any p~~an~ required by the Department in the whatsoever during the progress of the dent (1) on the question of the form and amount nQuind by the work or other activity or atany subso- - expediency of permitting any certain Department A bond 1, not ordinarily quent time work or other activity !s kind of encroachment to be erected n~uind of any publk corporation or being perforated under the obligations within right-of-way of State higlh~vay~ publicly or prhrately-owned utility but provided by and contemplated by the or (2) as to any utility of the accep• will be required of arty utility that fails permik except as otherwise provided tability of any such permits as to amr to meet any obligation arising out of by statute. The duty of the permittee to other or future situation the work permitted or done under an indemnifjr and save harmless includes 27. Arcbaeobacak The permittee shall EncroachmentPermit orfails to main- the duties to defend as set forth Ut cease .work in the vicinity of any fain its plank work or facilities The Section 2778 of the Civil Code The archaeological rasounes that an said bond shall remain in fora fora permittee waives any and all rights to revealed Ttte Permit Engineer shall be period of one (1). year after acceptance any type of expressed or implied notified immediately. A qualified . of the work by the Department ~ indemnity against the Stag its archaeologiak retained by the permit- 23. ILalatenanee of 8~wa>sa The ofncers or employees It is the intent of tcG will evaluate the situation and permittee agrees, by acceptance of a the .parties that the permittee will make recommendations to the Permit penrtik to properljr maintain any indemnify and hold harmless the Engineer concerning the continuation enaroachment This will regain .Stag !ts ofRcers and employees fmm of the work inspection and repair of any damage to any and all claims, suits or actions as 28. Future 1[o~iog otlastvlatlo~s If the State facilities resulting from the het forth above regardless of the ads Encroachment Permit .was .issued at encroachment fence or de fine of fault or negligence the request of the permitteG it i, 24. Respondb~tyforDaar~ TheState whether active or passive primary or understood that whenever State con- of California and all officers and secondary, on the part of the Stag the situction, reconstruction or maia- emplayees thereof including but not permittea persons employed by the tenance work on the highway regains limited to the Director of TYartsporta• permitteG or persons acting in behalf the installation to be moved adjusted tiers and the Deputy Director, shall not of the permittee or relocated the pennittes at his sole be answerable or accountable in any 25. Federal Citil is expenss upon request of the Depart- manner, for in jury to or death of any for Fnbllc A~ccommodatlom A T'he meet, shall comply with said request petaon, including but not limited to permittea for himself his personal 29. pigac Construction. . the permitteG persons employed bythe representatives successors in interesk alteration, demolition, repair or main- permitte~ persons acting in behalf of .and assigns, as part of the considers- tenance work performed under aper- .the permittta or for damage to pro- tiers hereof. does hereby covenant and mil issued bythe Department of'IYarts• perty from any cause The permittec agree that 1) no person on the grounds portation may require the owner/per- shaU be responsible for any liability of racy color, or national origin shall be mittee to pay cell workers employed by imposed by law and for injuries to or excluded from participation in, be the contractor and subcontractors the death of anypenson, including but not denied the benefits o~ or be otherwise appropriate predetermined prevailing . limited to the permitter persons subjected to disa~imination in the use age rates as set by the Director of the employed by the permittea persons of said facilities 2) that to connection Department of Industrial Relations. acting in behalf of the permittea or with the construction of any ~ California Labor Code. Division 2 . ~ damage to property arisingout of worm improvements on said lands and the p~ 7, (commencing with section or other activity permitted and done by furnishing of services thereon, no dis* 1720), Streets and Highways Coda the permittee under a permik or arie~ criminauon shall be practiced in the ing out of the failure on the permittee's selection of employees and eontrao- Chapter 3, Article 2 Section 67 I.1, and part to perform his obligations under tors by contractors in the selection Opinion of the Attorney General of the any permit in respect to maintenance and retention of flrsttter subcontrac~ State of California, Na 86.803, dated or any other obligations or resulting tors in the selection of second-tier December 31,1986. from defects ar obstructions, or from subcontractors 3) that such dis' Inquiries or requests fdr interpret- any cause whatsoever during the pea crimination shall not be practiced ations relative to the enforcement of guess of the work, or other activity, or at against the public in their access to prevailingwage requirement should be any .subsequent time work or other .and use of the facilities and services directed to the State of California, activity is being performs! under the .provided for public accommodations Department of Industrial Relations, Obligations provided by and contea~ (such as eating sleeping resk recrea- 525 Golden Gate Avenue, San l~ran- plated bythe permit tiers). and operated on, aver, or under cam, California 94102. The permittee shall indemnifjr and the space of the right-of-way, aced 4) save harmless the State of California that the peratittee shall use the pre- and all offlcxrs and employees theno~ miles in compliance with all other including but not limited to the Dino- requirements imposed puisuartt to for of 'IYansportation and the Deputy Title 15, Code of Federal Regulations Director, from all claims suits or Commerce and Foreign'lYada Subtitle . actions of every name kind and des- A, Office of the Secretary of commeres crfption brought for or on account of part 8 (15 C,F.RM Part 8) and as said injuries to or death of any peiaon, Regulations may be amended a That including but not limited to the in the event of beach of any of the , permittea persons employed by the aba►ve nondiscrimination covenants permittea persons acting to behalf of the State shall have the right to tee- the permittee and the pubUa or mtnate the permit and to re-enter and damage to property resulting frost the repossess said land and the facilities .STD: PLAN T11 ~ ~ W ~ ~ F- ~ J O 3 t w _ ~ ~ _ ~ ~ ~ " i ` W (3 x ~ w ` Z o ~ _ « r ~ N i ~ g Q ~ a o ~ ~ ~ ~ J J ? W 44 > S o W ~ 0 ~ 0 0~ C e AMr Q , ` e . i J ~ d O ~ < W ~ r p O N r N V~ O t 0~~ ~ p t O a~ ~j e ` ~ W ~0~ 0~ Ovf J 0 C ~ ~k 2 W to I ! m~°~ a Q °«o ~ZZ ~ 1 I u ~ ~ = A A !c _ 0 - ~ (j~ ~ t ~ I I goo W . <`"_~N•c~p• ~a ~ N " hs 's ~ Z J X x X X • N J r Z A~ of . I I ~ aaooa Z v~ u v~ Z I I ~ o a oc 1 ~ i• ~ ~ I..`, ,z . o I I• . U T• ~ ~ • c o v ~v Q ~ ~ e p • ~ 7 e" ~ ~ • c ~ o • I Z ~°C~ ; CVs S1 " a0~ ; CyC° • O«~ s :0~ ;~`O 3 $ v+ a ~0 p; . I o ~o~ ~ goS eNa o.. z ~~S gay pp +i ~u~ L • a L« s 11 C A ~ I I o~x°~ nx• p~pp LCD ~0 ~♦W.~i ~0^. d~4 ° O 0QG a a W • {O v V 1► O N I 4 ..oW V • u N C 0' p . C 0 0 I ~ ~ C~p • f O ~~z°i'• IN ~~«Ni ~ Q ~ ~ 0~ p ~ o a • _a uQ < fJ ~ ¢~00 ~%~WC Z• a_L ~o~~ ~u~s i"t vC * ~ °G lvxo `~i I I N G~ s a•` M.0~,> C 0 v QQ ~ • Of•_ g• 0 * ~ ti~♦ W • ~ ° O Z 1 N ~ ! N \ 121 STD. PLAN T14 J ~ ° r •oo«a ~ v ~ ~ I~ ~ ~~~~g $ o~ ~ ~ ~ ~ f . ` u ~i~Q ~p~ o ~a ~ I I f -s g w [ 8 NW a~ ❑ s«LL~ ~ ~ ~ q~ x x x x x ~ g ~~,~~w o ~ N•~ VQ ,;~p ~ • F~ p • ~~°~~♦Q I~ ~'j ~rN a~ 0 M 0~ L p 0 0 V 0 V''~VU °ao*g+ ~ I ~u ~~g ♦ o p W a > ~ ~ z a u + ~N ° ~ ~ 0 « L ~ w ~ C • o O N y ~ ~ o ~ Z ~u ~'3~~moppmCr e ° w 0 0 ~ q g~` i ~ r ~ a ° 0 °v~ ~ _ii " °ag°°°~LC"owc vE E~ W °o ~ ` `z ~ pvoYC«v•E~~vDO~t~ J ~ o ~ o ~ mv+ ~ N ~ D a~ a~ a ~ ay, pC 0 .r M CWOa,~.~ N ~ 1.- mta Os 0 d0 ~ a W m o S a c w< u a o. r v ° P~uoJ;u3 ~ Q H N M1 r IA ~ Z W I I$ ~o Q o v c F.. ❑u I I~ • ~ n ~ o~ g III ~o~ € m- I I WV ~Z aV y I I m~ W N I I ~ ~ • ~ ~ ~ ~ _ ~o~ I I eo o ~ill~~~~_ ~ ~ ° ~ V U ~ III 0 W O O • O st 'rte w.`'+~ a g z a s x Iil ooW ~ o: v Q ~ a p' ~ ~ I I l o, a ~ ~ ~ ~ Z o ~ Ig I W V ~ III , , o • " ~ a o a ~ ~I~ I ~ _ I ( •o 0 1~ 3 0 1 I~ I I 1II M a • I III Z • ~ ~ ac I I I~ ~ o • $ ~ III - r ° ~ 11 I I I ~ ~ ° L a I( I g a ~a~- _ II _ III ~ • x x a I I I w a I i N I I I' ~O~ • os ~O O < ~ III ~ o ❑ ~ ~ i I t I~ a o ❑ 1 III$ ~ i I I~ ~ o o I i 1❑ o ❑ u III. ~ N o0 N r III ° ~ x N I I ~ I • • ~ * Q , V1 Op ~ F:-" III ~o~ III ~ ~ ` _~•Y ~ i I . ~ I u III o ~ ° " 124 PROPQSAL FAR TRAFFIC SIGNAL MODIFICATON ON UNION AVENUE AT 30TH STREET/PACIFIC STREET To the City Clerk of the City of Bakersfield:. n The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the location of the proposed work, the annexed proposed 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 specifications 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 property of the City of Bakersfield. Bidder acknowledges receipt of the following addendum: Item ESTIMATED UNIT OF ITEM UNIT PRICE EX'T'ENSION No. QUANTITY MEASURE (in figures) PRICE (in figures) 1. Lump Sum Lump Sum Traffic signal and lighting system 2. 61 LF Minor concrete curb and gutter SIGNED Bidder Company Address City State Zip Code ( ) Area Cade Telephone Number License No. and Expiration Date THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER .PENALTY OF PERJURY. r Page 1 of 2 29 TRAFFIC SIGNAL MODIFICATION ON UNION AVENUE AT 30TI-1 S~,REET/PACIFIC STREET ITEM ESTIMATED UNIT OF ITEM UNIT PRICE EXTENSION N0. QUANTITY MEASURE (in Figures) PRICE (in figures) 3. 590 SF Minor concrete (sidewalk) 4. 15b SF Remove traffic striping and marking G TOTAL SIGNED Bidder Page 2 of 2 3~ The Extension.Price has been calculated by multiplying the Estimated~Quuntity ~y 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: n (1) As to lump sum items, the amount set forth in the Extension Price column shall be the Unit Price. (2) As to unit basis items, the amount set forth in the Extension Price column shall be divided by the estimated quantity for the item and the price thus obtained shall be the Unit Price. LIST OF SUBCONTRACTORS All persons or parties submitting a bid proposal on the project shall complete the following form, setting forth the name and the location of the mill, shop or office of each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work or improvement in excess of one-half of one (1%} percent of prime Contractor's total bid, or TEN THOUSAND DOLLARS ($10,400), whichever is greater, and the portion of the work which will be done by each subcontractor. This list is to be completed and submitted with said bid proposal. Subcontractor's Name Description of portion and Street Address ~Cit~. State, Zi~l of work subcontracted (attach additional sheets if needed) 31 NONCOLLUSI4N AFFIDAVIT T4 BE EXECUTED BY BIDDER AND SUBMITTED WITH BID TRAFFIC SIGNAL MODIFICATION ON UNION AVENUE AT 30TH STREETJPACIFIC STREET State of California } )SS: County of ) being first duly sworn, deposes and Name says that he or she is of Title. Company the party making the foregoing bid that the bid is not made in the interest of, or on .behalf of, any, undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the ,bidder or any other bidder or to fix any overhead, 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 32 Accompanying this proposal is fl 1111 f fl ff N If f (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 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 Reside~~ce Dated 19..... A 33 STATE OF CALIFORNIA ) ss. COUNTY OF } w 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/she 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 ~S GUARANTEE TRAFFIC SIGNAL EQUIPMENT CITY OF BAKERSFIELD Department of .Public Works 1501 Truxtun Avenue, Annex Building Bakersfield, California 93301 In accordance with the terms of Contract No. .for: TRAFFIC SIGNAL M~DIFICATI~N ON UNION AVENUE AT 30TH STREET/PACIFIC STREET, awarded on ,between the City of Bakersfield (hereinafter referred to as the City), and the undersigned, which contract provides for the installation of lighting and/or traffic signal sysystem ,and under which contract the undersigned has furnished and installed such system, the following guarantee of the said system is hereby made.. . Should any of the equipment installed pursuant to said contract, except lighting elements, prove defective or should the system as a whole prove defective, due to faulty workmanship, material furnished, or method of installation, or should said system or any part thereof fail to operate properly, as planned, due to any of the above causes, all within (1) year after date on which said contract is accepted by the City, the undersigned agrees to reimburse the City, upon demand, for its expenses incurred in restoring said systems to the condition contemplated in said contract, including the cost of any equipment or materials rdplaced, or, upon demand by the City, to replace any such equipment and repair said systems completely without cost to the City, so that they will operate successfully as originally contemplated. The City shall have -the option to make any needed repairs or replacements itself or to have such replacements or repairs done by the undersigned. Prior to such replacement or repair work being done by the City, the undersigned shall have the option. to make any needed repairs or replacements. In the event the City elects to have said work performed by the undersigned, the undersigned agrees. that the repairs shall commence to be made and such materials as are necessary shall commence to be furnished and installed within Twenty-Four (24} hours of the date specified in the City's written notification. Contractor shall prosecute with due diligence to complete the work within a reasonable period of time, as specified in the City's written notification.. Said system will be deemed defective within the meaning of this guarantee in the event that, they fail to operate as originally intended by the manufacturers thereof and in accordance with the plans and specifications included in said contract. ~ ~ . Date Contractor's Signature l Firm Address 3b GUARANTEE MATERIAL AND WORKMANSHIP CITY OF BAKERSFIELD Department of Public Works 1501 Truxtun Avenue, Annex Building Bakersfield, CA 93301 In accordance with the terms of the Contract for: TRAFFIC SIGNAL MODIFICATION ON UNION AVENUE AT 30TH STREET/PACIFIC STREET awarded on ,between the City or Bakersfield (hereinafter referred to as "City"), and the undersigned, which contract provides for the installation and other facilities and under which contract the undersigned has installed such facilities, the following guarantee of the said facilities is hereby made: When the project is completed and accepted, we guarantee the same to be free from imperfect workmanship and/or materials, and we agree to repair and/or replace at our own cost and expense, any and all such work, and/or materials which may prove defective. in workmanship or materials within a period of one (1) year from the date of acceptance of the above named construction project, ordinary wear and tear or neglect excepted. 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 (2) hours. after being notified in writing by the City or the .City's representative, or the agent of either of them, of any defects in said work or materials, we agree to commence and prosecute with due ti 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. DATE Contractor's Name Authorized Signature 37 HOLD HARMLESS AGREEMENT CITY OF BAKERSFIELD IT IS HEREBY AGREED that ,agrees to indemnify and hold harmless the City of Bakersfield, its agents, employees or any other persons against loss or expense including attorneys fees, by reason of the liability imposed by law upon the City, except in cases of the City's sole negligence, for damage because of bodily injury, including death at any time resulting therefrom, sustained by any person or persons, or on account of damage to property arising out of or in consequence of (Agreement name) IT IS FURTHER UNDERSTOOD AND AGREED that the Contractor shall (af the option of the City), defend the City of Bakersfield with appropriate counsel and shall further bear all costs and expenses, including the. expense of counsel, in the. defense of any suit arising hereunto. M DATED ,Contractor's Name Authorized Signature 38 SAMPLE SAMPLE CONTRACT N0. TRAFFIC SIGNAL INSTALLATION ON 19TH STREET AT OAK STREET THIS AGREEMENT, made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, hereinafter called "City," and ,hereinafter called.:"Contractor"; 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:- " ARTICLE I Contractor. agrees to furnish supplies, equipment, labor and materials for 7 within the City of Bakersfield. ARTICLE II The :following shall be deemed to be part of this contract as if fully set forth herein: 1. Notice to Contractors 2. Special Provisions ~ 3. .Bid Proposal 4. Bidder's Bond 5. Performance Bond b. Material and Labor Bond 7. Letters of transmittal, if any 8. .All provisions required by law to be inserted in this contract whether actually inserted or not. 9. Hold Harmless Agreement 10. Current PWI (if required by Specifications) -1- 39 IN V~►~ITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. CITY OF BAKERSFIEi,D . By Mayor (NAME OF CONTRACTOR) By Contractor APPROVED AS TO FORM:. By . City Attorney COUNTERSIGNED: By Finance Director 40 . J [To be completed by the Contractor, if he elects to substitute securities. in lieu of retention]. ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION THIS ESCROW AGREEMENT is made and entered into by and between whose address is hereinafter called "Owner", whose address is Y hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent". For the consideration hereinafter set forth, the Owner, Contractor, and, Escrow Agent agree as follows: 1. Pursuant to Section 22200 of the Public Contract Code. of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor .for in the amount. of dated _ (hereinafter referred to as the "Contract"). When Contractor deposits the securities as a substitute for Contract earnings, the Escrow A ent shall notify the Owner within ten (10) days of the deposit. The market value of the securities g 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 provisions, provided that the Escrow Agent hold securities in the form and amount specified above. 3. Alternativel ,the Owner may make payments directly to Escrow Agent in the amount of retention for Y the benefit of the Owner until such time as the escrow created hereunder is terminated. .1. e 41 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. b. 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 be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. Escrow Agent shall rely on the written notifications from the Owner and. the Contractor pursuant to Sections (4) to (b), inclusive; of this agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set-forth above. lo. 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: Title Title Name Name Signature ~ Signature Address Address _2_ 42 On behalf of Escrow Agent: Title Name Signature Address At the time the Escrow .Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. Owner Contractor Title ~ Title Name Name Signature Signature 43 FAITHFUL PERFORMANCE BOND =r KNOW ALL MEN BY THESE PRESENTS, THAT, WHEREAS, the CITY OF BAKERSFIELD, California, a municipal corporation, hereinafter designated the "Owner," has, on (DATE OF AWARDI, 19 awarded to NAME OF CONTRACTORI , 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; and . NOW, THEREFORE, WE, the Principal, and (LEAVE BLANK FOR BONDING COMPANYI, as Surety, are held and firmly bound unto .the Owner in the sum of (100% OF AMOUNT AWARDED AT COUNCIL MEETING lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above mentioned Principal, his or its heirs, executors, administrators,, successors, or assigns, shall in all things stand to and abide by, and well, and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according fo their true intent and meaning, and shall indemnify and save harmless, the Owner, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue and Principal and Surety, in the event suit is brought on this bond, will pay to the Owner such reasonable attorney's fees as shall be fixed by the court. . Asa .condition precedent to the satisfactory completion of the said contract, the above obligation in the said amount shall hold good for a period of one (1) year after .the completion and acceptance of the said work, during which time if the above mentioned Principal, his or its heirs, executors, administrators, successors, or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the said Owner from loss of damage made evident during said period of one year from the date of acceptance of said work, and resulting from or~caused by defective materials andlor faulty workmanship in the prosecution of the work done, the above obligation in the said amount shall remain in full force and effect. However, anything in this paragraph to the. contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any. obligation of the Principal remains. 44 And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, . alteration, or addition to the terms of the contract or to the work to be performed thereunder or the specifications. accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the. terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. As a part of the obligation secured hereby and in addition to the amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Owner in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their seals this day of ,19_, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. l Principal (Seal) ~ Signature for Principal Title Surety (Seal) Signature for Surety Title (Attach notarization form for each required signature.) 45 MATERIAL -LABOR BOND KNOW ALL MEN BY THESE PRESENTS, THAT, WHEREAS, the CITY OF J BAKERSFIELD, County of Kern, State of California, hereinafter designated .the "Owner," has, on DATE OF COUNCIL MEETINGS ~ ,awarded to (NAME OF CONTRACTOR) hereinafter designated as the "Principal," a contract for the construction of (DESCRIPTION OF PROJECT -USE DESCRIPTION FROM FRONT COVER OF SPECIFICATIONS. WHEREAS, said Principal is required to furnish a bond in connection and with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, WE,' the Principal, and (LEAVE BLANK FOR BONDING COMPANY) , as Surety, are held and firmly bound unto the Owner the penal sum of ~SO% OF AMOUNT AWARDED AT COUNCIL MEETING) dollars lawful money of the United States, for the payment of which sum well and truly to be made,. we bind ourselves, our heirs, executors, . administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above mentioned Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any .alterations made as therein provided, on his or their part,. to be kept and performed at the time .and, in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify . and save harmless, the Owner, its' officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue and Principal and Surety, in the event suit is brought on this bond, will pay to the Owner such reasonable attorney's fees as shall be fixed by the court. Asa .condition precedent to the satisfactory completion of the said contract, the above obligation in the said amount shall hold good for a period of one (1) year after the completion and acceptance of the said work, during which time if the above mentioned Principal, his or its heirs, executors, administrators, successors, or assigns shall fail to .make full, complete, and satisfactory repair and replacements or totally protect the said Owner from loss of damage made evident during said period. of one year from the date of acceptance of said work, and resulting from or caused by defective materials and/or faulty workmanship in the prosecution of the work done, the above obligation in the said amount shall remain in full force and effect. However, anything in. this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Principal remains. 46 Tf~~is form should be sent to the Joint Apprenticeship Committee of the craft or trade in the area of the site of the public work.. If you have any questions as to the address of the appropriate PUBLIC WORKS Joint Apprenticeship Committee, contact the nearest office of NTRACT AWAR D I AT10 N he Division of Apprenticeship . Standards (OAS). Consult your C O ~ F~ R~ alephone directory under California, State of, Industrial Relations, for the OAS office in your area. CONTRACTOR'S STATE LICENSE NO. NAME OF CONTRACTOR CONTRACTOaS MAILING ADDRESS - NUMBER b STREET, CITY, Z1P CODE AREA LADE ~ TELEPHONE NO. NAME & LOCATION OF PUBLIC 1NORKS PROJECT DATE OF CONTRACT AWARD GATE OF EXPECTED OR ACTUAL START OF PROJECT NAME b ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT ~ ~ APPRENTICES OCCUPATION OF APPRENTJCE NUMBER TO 8E EMPLOYED APPROXIMATE DATES TO BE EMPLOYED A Check One Of The Boxes Below: BoX 1 We request dispatch of apprentices} for this job. We voluntarily choose to. comply with the applicable Joint a Apprenticeship Committee Standards for the duration of this fob only, in training the apprentices}. We assume no other obligations to the committee or unions under State or .Federal laws. Box 2 We request .dispatch of apprentice(s) for this job. We do not wish to follow the applicable Joint ❑ , Apprenticeship Committee Standards m training the apprentices; instead, we agree to employ. and train apprentice(s) in accordance with the California Apprenticeship Council regulations governing employment of apprentices on public work projects. We assume no other obligations. to the committee or unions under State or Federal laws. Box 3 We -are already approved to train apprentices by the applicable. Joint Apprenticeship Committee and. we will D employ and, train .under the Standards. Box 4 We do not request the dispatch of apprentice(s) since apprentices are not required on this job under the a provisions of California Labor Code Section 1777.5, because: Signature Typed Name Ti ile Date State of California - Department of Industrial Relations OAS 140 (New vso~ DIVISION OF APPRENTICESHIP STANDARDS