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HomeMy WebLinkAbout1986 Special Provisions Project Belle TerraceCOPY i'I0, CITY OF BAKERSFIELD CALIFORNIA SPECIFICATIONS INFORP1ATION TO BIDDERS SPECIAL PROVISIONS BID PROPOSAL FOR TRAFFIC SIGNAL SYSTEM ON BELLE TERRACE AT NEW STINE ROAD AUGUST, 1986 DEPARTMENT OF PUBLIC WORKS CITY OF BAKERSFIELD. CALIFORNIA 1501 TRUXTUN AVENUE BAKERSFIEL➢, CALIFORNIA 93301 1 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, until 2:00 o'clock P.M. on October, 16,1986 to be publicly opened and read immediately .thereafter, for the following work: TRAFFIC SIGNAL SYSTEM ON BELLE TERRACE AT NEW STINE ROAD 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- ) for each complete set. Refund of deposit will be made provided the plans and specifications are returned to the Purchasing Officer within ten (10) days from date of contract. award and the doc- uments are in reasonable good condition. No bid will be considered unless it is made on a proposal form furnished by the Purchasing Officer, which appears herein immediately following the speci- fications of the-project, and is .made in accordance with the provisions set forth under Section 2, "Proposal Requirements and Conditions" of the Standard Specifications of the Depar meet of Transportation, Business & Transportation Agency, State of California, under date of July, 1984. Each bidmust be accom- panied by a proposal guarantee in accordance with the requirements of article 2-1.07 of-the s-aid 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 Government Code 4590. The Contractor must possess a valid Class A or a Glass C-i0 Contractor's License at the time this contract is awarded. SPECIFICATIONS: The work embraced herein shall be done in accordance with the Standard Specifications of the Department of Transportation, Business and Transportation Agency, dated July, 1984, insofar as the same may apply and in accordance with the following provisions. 1 PROGRESS OF THE WORK AND TIME FOR COMPLETION. Attention is directed to the provisions of Section 8, Article 8-1.06, "Time of Completion" and Article 8-1.07, "Liquidated Damages," of the Standard Specifications, and is specifi- cally hereby made a part of these special provisions. The Contractor shall furnish the Engineer with a statement fro 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 (i5) calendar days from the date of the contract. Said statement shall show the date or dates the electrical materials will be shipped. The Contractor shall begin work within fifteen (15) calendar days from the date of the contract and shall diligently prosecute the same to completion, except for signal and lighting standards and other above ground electrical equipment if said electrical equipment has not yet been received, before the expiration of TWENTY (20) WORKING DAYS beginning with .the fifteenth {15) day following the date of the contract. Signal and lighting standards and other above ground electrical equipment shall not be erected until all electrical materials are received. Upon receipt of said electrical materials, the Contractor shall complete all electrical work, including functional tests, before the expiration of FIFTEEN {15) WORKING DAYS from the date all electrical materials are. received, but i:n no case shall the work be completed later than the expiration of SEVENTY FIVE {75) DAYS beginning with the fifteenth {15th) day following the date of the contract for said work. lA CITY OF BAKERSFIELD, CALIFORNIA DEPARTMENT OF PUBLIC WORKS SECTION. 1. PROPOSAL REQUIREMENTS (a) GENERAL INFORMATION. The Purchasing Officer of the City of Bakersfield, California, will receive at her office, City Ha11, in said City, until 2 o'clock P.M. on October 16, 1986 sealed proposals for TRAFFIC SIGNAL SYSTEM ON BELLE TERRACE AT NEW STINE ROAD (b) PROPOSAL FORM. All proposals must be made upon blank forms to be obtained from the Purchasing Officer, the form of which appears herein mmedi- ately following these specifications. All proposals must give the prices pro- posed, both in writing and figured, and must be signed by the bidder, with his address. If the proposal is made by an individual, his name 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 busi- Hess addresses of the president, secretary and treasurer. (c) BIDDER'S GUARANTEE. All bids shall be presented under sealed cover .and shall be accompanied by a certified check or bid bond made payable. to the City of Bakersfield, for an amount equal to at least ten percent (10% of the amoua~t of said bid, and no bid shall be considered unless such certi- fied"check or bid bond is enclosed therewith. (d} RETURN OF BIDDER'S GUARANTIES.- Within ten (10) days after the. award of the contract, the City of Bakersfield will re-turn the proposal guaranties accompanying such of the proposals as are not to be considered in making the award. -All. other proposal guaranties will be held until the con- tract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany.. (e) CONTRACT BONDS. The Contractor shall furnish two good and suffi- cient bonds. One of the said bonds shall guarantee .the faithful performance of the said contract by the Contractor and shall be in an amount equal to-one hundred percent (100%) of the contract price. The other of the. said bonds shall be in an amount of fifty percent (50%) of the contract price and shall be furnished as required by the terms of an act entitled: ''An act to secure the payment of the claims of persons employed by contractors upon public works, and the claims of persons who furnish materials, supplies, teams, implements, or machinery used or consumed by such contractors in the performance of such works, and prescribing the duties of certain public officers with respect thereto," approved May 10, 1919, as amended. Forms of bonds required may be obtained at the office of the City Attorney. 2 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 Mayor has cause to believe that such surety. or sure- ties 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 origi- pally required, as is considered necessary, considering the extent of the work remaining to be done. Thereafter no payment shall be made upon such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished. (f) 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, era- sures 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. (g) AWARD OF CONTRACT. The award of the contract, if it be awarded, will be made within thirty (30) days after the opening of the proposals. (h) EXECUTION OF CONTRACT. The contract shall be signed by the suc- cessful bidder and .returned, together with the contract bonds within ten (10) days, not including Sundays, after the bidder has received notice that the con- tract 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 (lo) 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. (i) EXAMINATIONS OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK. The bidder is required to examine carefully the site of, the pro- . posal, plans and specifications, and contract forms for the work contemplated, and it will be assumed that the. bidder has eves igated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantitie s of work to be performed and materials to be furnished, and as to the require- ~aents 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. 3 SECTION 2. SCOPE OF WORK (a) WORK TO BE DONE. The work to be done con-lists of furnishing all labor, materials, methods and processes, implements, tools and machinery, exc-e-pt-- as otherwise specified, which are necessary and required to construct the pro- posed improvements, as designated in the contract. (b) ALTERATIONS. By mutual consent in writing of the parties signa- tory to the contract, alterations or deviation, increases or decreases, addi- tions or omissions, in the plans and specifications, may be made and the. same shall in no way affect or make void the contract. The City. of Bakersfield reserves the right to increase or decrease the quantity of any item or portion of the work, or to omit portions of the work as may be deemed necessary or expedient by the Engineer. (c) EXTRA WORK. New and unforeseen work will be classed as extra work when such work cannot be covered by :any of the various items or combination of items for which ,there is a bidprice. The contractor shall do no extra work except upon written .order form the Engineer. For such extra work the contractor shall receive payment as pre- viously agreed upon in writing, or he shall be paid on force account.. (d) REMOVAL OF OBSTRUCTIONS. The contractor .shall remove and dispose of all structures, debris, or other obstructions or any character of the con- e struction of .the street or road, if and. as required by the Engineer. The contractor shall remove and dispose of all trees designated by the Engineer as obstructions to the proper completion of the work. The removing and disposing of all obstructions to the prosecution of the contract, unless otherwise specified, shall be considered as included in the various items of contract work and no additional compensation will be allowed therefor. (e) FINAL CLEANING UP. Upon completion and before making application for acceptance of the :work, the contractor shall clean the street or road, bor- row pits, and all .ground occupied by him in connection with the work, of all rubbish, excess materials, temporary structures, and equipment; and all parts of the work shall be left in a neat and presentable condition. 4 SECTION 3. CONTROL OF THE WORK (a) AUTHORITY OF THE ENGINEER. The engineer shall decide any and all questions which may arise as to the quality or acceptability of materials fur- nished and work performed, and as to the manner of performance and rate, of pro- gress of the work; all questions which arise as to the interpretation of the plans and specifications; all questions as to the acceptable fulfillment of the contract on the part of the contractor; and all questions as to claims and compensation.. The Engineer's decision shall be final and he shall have executive authority to enforce and make effective such decisions and orders as the con- tractor fails. to carry out promptly. (b) PLANS.. All authorized alterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made of any plan or drawing after the same has been approved by the Engineer, except by direction of the Engineer. 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. It is mutually agreed, however, that the approval by the Engineer of the contractor's working plan does not relieve the contractor of any responsibility for accuracy of dimensions and details, and that the contractor shall be respon- sible for agreement and conformity of :his working plans with the approved plans and specifications. (c) CONFORMITY WITH PLANS AND ALLOWABLE DEVIATION. Finished surfaces in all cases shall conform with the lines, grades, cross-sections, and dimen- lions shown on the approved plans. Deviations from the approved plans, as may be required by the exigencies of construction will be determined in all cases by the Engineer and authorised in writing. (d) .COORDINATION OF PLANS,. SPECIFICATIONS, AND SPECIAL PROVISIONS. These specifications, the plans, special provisions, and all supplementary docu® meats are essential parts of the contract, and a requirement occurring in one is a binding as though occuring in all.. They are intended to be cooperative, to describe, and to provide for a complete work. Plans shall govern over specifi- cations.;- special provisions shall govern over both specifications and plans. City specifications shall govern over State Standard Specifications. (e) INTERPRETATION OF PLANS AND SPECIFICATIONS. Should it appear that the work to be done, or any matter relative thereto,. is not sufficiently detailed or explained in these specifications, plans, and the special provision, the .contractor shall apply to the Engineer for such further explanations as may be necessary, and shall conform to such explanation or interpretation as part of the contract, so far as may be consistent with the intent of the origi- nal specifications. In the event of doubt or question relative to the true meaning of the specifications, reference shall be made to the City Council, whose decision thereon shall be final. 5 In the event of any discrepancy between any drawings and the figures written thereon, the figures shall be taken as correct. (f) SUPERINTENDENCE. Whenever the contractor is not present on any part of the work where it may be desired to give direction, orders will be given by the Engineer in writing, and shall be received and obeyed by the super- intendent or foreman in charge of the particular work in reference to which orders are given. (g) LINES AND GRADES. All distances and measurements are given and will be made in a horizontal plane. Grades are given from the top of stakes or nails, unless otherwise noted on the plans. Three consecutive points shown on the same rate of slope must be used in common, in order to detect any variation from a straight grade, and in case any such discrepancy exists, it must be reported to the Engineer. If such a discrepancy is not reported to the Engineer, the contractor shall be responsible for any error in the finished work. The contractor shall give at least 24 hours notice in writing when, he will require the services of .the Engineer for laying out any portion of the work. The contractor shall furnish the Engineer such. facilities and labor, nec- essary for making and maintaining points and lines, as he may require. Labor furnished by the Contractor for such purposes will be paid for as Extra Work.. The contractor shall preserve all stakes and points set for lines, grades, or measurements of the work in their proper places until authorized to remove them by the Engineer. All expenses incurred in replacing stakes that have been removed without proper authority shall be paid by the contractor. (h) INSPECTION. The Engineer shall at all times have access to the work during construction, and shall be furnished with every reasonable facility for discertaining full knowledge respecting the progress, workmanship, and char- acter of materials used and employed in the work. Whenever the contractor varies the period during which work is carried on each day, he shall give due notice to the Engineer, so that proper inspection may be provided. Any work done in the absence of the Engineer will be subject to rejection. The. inspection of the work shall not relieve the contractor of any of his obligations to fulfill the contract as prescribed. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously over- looked by the Engineer and accepted or estimated for payment, Projects financed in whole or in part with State funds shall be sub- ject to inspection at all times by the Director of Public Works, or his agents. (i) REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK. All work which is defective in its construction or deficient in any of the requirements of these specifications shall be remedied, or removed and replaced by the contractor in an acceptable manner, and no compensation will be allowed for such correction. 6 Any work done beyond the lines and grades shown on the plans or estab® lished by the Engineer, or any extra work done without written authority,. will be considered as unauthorized and will not be paid for a Upon failure on the part of the contractor to comply forthwith with any order of the Engineer made under the provisions of this article, the Engineer shall have authority to cause defective work to be remedied, or removed and replaced, and unauthorized work to be removed, and to deduct the costs thereof from any monies due or to become due the contractor. (j) FINAL INSPECTION. Whenever the-work provided and contemplated by the contract shall have been satisfactorily completed and the final cleaning up performed, the Engineer will make final inspection. SECTION 4. CONTROL OF MATERIALS (a) SAMPLES AND TESTS. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before deliv- ery 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 test- ing 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.. The contractor shall furnish such samples of materials as are requested by the Engineer, without charge, No material shall. be used until it has been approved by the Engineer. Samples will be secured and tested whenever necessary to determine the quality of material. (b) DEFECTIVE MATERIALS. All materials not conforming to the requirements of these specifications shall be considered as defective, and all such materials, whether in place or not, shall be rejected and shall be removed immediately from the site of the work unless otherwise permitted by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used until approved in writing by the Engineer. Upon failure on the part of the contractor to comply with any order of the Engineer made under the provisions of this article, the Engineer shall have authority to remove and replace defective material and to deduct the cost of removal and replacement from any monies due or to become due the contractor. 1 SECTION 5. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC (a) 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. (b) HOURS OF LABOR. The contractor shall forfeit, as penalty to the City of Bakersfield, Ten Dollars {$10.00) for each laborer, workman, or mechanic employed in the execution of the contract by him, or by any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor in violation of the provisions of Section 1810 to Section 1815, inclusive, of the Labor Code. (c) The contractor shall comply with Section b705 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 i~n 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 excavat-ion 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 effiployees. 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. 8 (d) EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this contract the Contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, or national origin. The Contractor will take affirma- five action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, sex, or national ori- gin. Such action shall include, but not be limited to, the following: Employment,. upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or ter- mination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this non- - discrimination clause. (2) .The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considera- tion for employment without regard to race, creed, color, sex, or national origin. (3) The Contractor will send to each labor union or representa° five of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the labor union or workers.' represen- tative of the Contractor's conmaitments under Section 202 of Executive Order No. 11246 of September 24, 1965 and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4} The Contractor will comply with all provisions of Executive Order No. 1124b as amended by Executive Order 11375, and of the rules, regulations, and relevant orders of the .Secretary of Labor. (e) PREVAILING WAGE. The Contractor shall, as a penalty to the City of Bakersfield, forfeit $25.00 for each calendar day or portion thereof, for each workman paid less .than the stipulated. prevailing rates for such work or craft in which such workman is employed under this contract or by any subcon- tractor under him, in violation of the provisions of Section 1770 to Section 1780, inclusive of the Labor Code. Copies of the prevailing rate of per diem wages, for each craft, c1as- sification or type of workman needed to execute the contract, are on file. in the office of the Director of Public Works and shall be made available to any inter- ested party on request. (f) APPRENTICES. All Contractors and Subcontractors shall comply with the provisions of Labor Code Section 1777.5 relating to the employment of apprentices. 9 (g) REGISTRATION OF CONTRACTORS. Before submitting bids, Contractors shall be licensed in accordance with the provisions of Section 1055 of Business and Professions Code. (h) PERMITS AND LICENSES. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and inci- dental to the due and lawful prosecution of the work. (i) PATENTS.. The Contractor shall assume all responsibilities aris- ing from the use of patented materials, equipment, devices, or processes used on or incorporated in the work. (j) PUBLIC CONVENIENCE AND SAFETY. The Contractor shall so conduct his operations as to cause the least possible obstruction and inconvenience to public traffic. Unless other existing streets are stipulated in the special, provisions to be used as detours, all traffic shall be permitted to pass through the work. Residents along the road or street shall be provided passage as far as practicable. Convenient access to driveways, houses and buildings along the road or street shall be maintained and temporary crossings shall be provided and maintained in good condition. Not-more than one cross or intersecting street or road shall be closed at any time without the approval of the Engineer. The Contractor shall furnish, erect, and maintain such fences, barriers, lights, and signs as are necessary go give adequate warning to the public at all times that the improvement is under the construction and of any.. dangerous conditions to be encountered as a result thereof, and he shall also. erect and maintain such warnings and directional signs as may be furnished by the-City. Full compensation for conforming to the provisions of this Section 5 (j) shall be considered- as ineluded in the prices paid for the various contract items of work anal no additional compensation will be allowed therefor. (k) RESPONSIBILITY FOR DAMAGE. The City of Bakersfield, the City Council, or the Engineer shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof; or for any material or equipment used in performing .the work,. or for injury or damage to any person or persons, either workmen or the public; or-for damage. to adjoining property caused by the negligence of Contractor or one of his subcon- tractors during the progress of the work at any time before final acceptance. The Contractor shall indemnify and save harmless the City of Bakersfield, the City Council, and the Engineer from any suits, claims, or actions brought by any person or persons for or on account of any injuries or damages sustained or arising in the construction of the work or in consequence thereof . (1) CONTRACTOR'S RESPONSIBILITY FOR WORK. Except as provided above,, until the formal acceptance of the work by the City Engineer, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non°execution of the work. The Contractor 10 shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by and of the above causes before final accep- tance and shall bear the expense thereof, except such injuries or damages occa- sioned by acts of the Federal Government or the public enemy. (m) NO PERSONAL LIABILITY,. .Neither the City Council, the Engineer, nor any other officer or authorized assistance or agent shall be personally responsible for any liability arising under the contract. (n) RESPONSIBILITY OF CITY. The City of Bakersfield shall not be held responsible for the care or protection of any material or parts of the work prior to final acceptance, except as expressly provided in these specifications. 11 SECTION. b,0 PROSECUTION AND PROGRESS (a) SUBLETTING AND ASSIGNMENT. The Contractor shall give his per- sonal attention to the fulfillment of the contract and shall keep the work under his control, Subcontractors will not be recognized as such, and all persons engaged in the work of construction will be considered as employees of the Contractor, and their work shall be subject to the provisions of the contract and specifications. Where a portion of the work sublet by the Contractor is not being pro- secuted in a manner satisfactory to the City Engineer, the subcontractor shall. be removed immediately on the requisition of the City Engineer and shall not again be employed on the work. (b) The Contractor shall diligently prosecute the work to completion before the expiration of the permitted number of working days or calendar days as specified on Page 1 of this specification. (c) CHARACTER OF WORKMEN. If any subcontractor or person employed by the Contractor shall fail or refuse to carry out the directions of the Engineer or shall appear to the Engineer to be incompetent or to act in a disorderly or improper manner, he shall be discharged immediately on the requisition of the Engineer, and such person shall not again be employed on the work. (d) TEMPORARY SUSPENSION OF WORK. -The Engineer shall have the authority to suspe-nd 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 consid- ered 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 ordersgiven, or to perform any provisions of the work. The Contractor shall innnediately obey such order of the Engineer and shall not resume the work until ordered. in writing by the Engineer. (e) TIME OF COMPLETION AND LIQUIDATED DAMAGES. It is agreed by the parties to the contract that in case all the work called for under the contract is not completed before or upon .the expiration of the time limit asset forth in these specifications, damage will be sustained by the City of Bakersfield, and that it is-and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay, and it is there- fore agreed that the Contractor will pay to the City. of .Bakersfield the sum of 12 Two Hundred Dollars ($200.00) per day for each and every calendar day's delay beyond the time prescribed to complete the work; and the Contractor agrees to pay-such liquidated damages as herein .provided, and in case the same are not paid, agrees that the City of Bakersfield may deduct the amount thereof from any money due or that may become due the Contractor under the contract. It is further agreed that in case the work called for under the con- tract is not finished and completed in all parts and requirements within the time specified the. City Council shall have the right to extend the time for com- pletion or not, as may seem best to serve the interest of the City; and if it decides to extend the time. limit for the completion of the contract, it shall further have the right to charge to the Contractor, his heirs, assigns or sure- ties, and to deduct from the final payment for the work, all or any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, except that the cost of final .surveys and preparation of final estimate shall not be included in such charges. The Contractor shall not be assessed with liquidated damages nor the cost of engineering and inspection during any delay in the completion of the work caused by acts of God or of the public enemy, acts of the City, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unu- sually severe weather or delays of subcontractors due to such causes; provided than the Contractor shall within ten (10) days from the beginning of any such delay, notify the Engineer in writing of the causes of delay, who .shall. ricer- tain the facts and the extent of the delay, and his findings of the facts thereon shall be final and. conclusive. (f) SUSPENSION~OF CONTRACT. If at any time in the opinion of the r City Council, the Contractor has 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. Up®n 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 take possession of all or any part of the Contractor's materials, tools, equipment, and appliances upon the premises, and use the same for the purpose of completing .said contract, and hire. such force and buy or rent such additional machinery, tools, appliances and equipment, and buy such additional materials and supplies at the .Contractor's expense as may be necessary for the proper conduct of the work and for the completion thereof; or may employ other parties to carry the contract to completion, employ the neces- sary workmen, substitute other machinery or materials, and purchase the materi- als contracted for, in such manner as the City Council 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 13 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 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. (g) RIGHT OF wAY. The right of way for the work to be constructed will, be provided by the City. The Contractor shall sake 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. 14 Section 7, MEASUREMENT AND PAYMENT . (a) EXTRA AND FORCE ACCOUNT WORK. Extra work as hereinbefore defined, when ordered and accepted, shall be paid for under a written work order in accordance with the terms therein provided. Payment for extra work will be made at the unit price or lump sum previously agreed upon by the Contractor and the Engineer, or by force account, If the work is done on force account the Contractor shall receive the actual cost of all material furnished by him as shown by his paid vouchers, plus fifteen percent (15%), and for all equipment and teams that are .necessary he shall receive the current prices in the locality, which shall have been previ- ously determined and agreed to in writing by the Engineer and by the Contractor, plus fifteen percent (15%) and for all labor that is necessary he shall receive the current prices in the locality, plus twenty percent (20%) provided, however, that the City reserves the right to furnish such materials required as it deems expedient, and the Contractor shall have no claim for profit on the cost of such materials. The price paid for labor shall include all payments imposed by State and Federal laws for all payments made to, or on behalf of, the workmen, other than actual wages. All extra work and force account shall be adjusted daily upon report sheets, prepared by the Engineer, furnished to the Contractor and signed by both parties, which daily reports shall thereafter be considered the true record of -extra work or force account work done. (b) PROGRESS PAYMENTS. The Contractor shall, once in each month, submit for approval, an estimate in writing to the City Engineer of the total amount of work done by the Contractor, to the time of such estimate, and the value thereof. The City of Bakersfield shall retain ten percent (10%) of such estimated value of the work done as part security for the fulfillment of the contract by the Contractor, and shall monthly pay to the Contractor, while carrying on the work, the balance not retained, as aforesaid, after deducting therefrom all previous payments and all sums to be kept or retained under the provisions of the contract. No such estimate or payment shall be required to be made, when in the judgment of the City Engineer the work is not proceeding in accordance with the provisions of the contract, or when in his judgment the total value of the work done since the last estimate amounts to less than Three Hundred Dollars ($300,00), (c) FINAL PAYMENT. The City Engineer shall, after the com letion of P the contract, make a final estimate of the amount of work done thereunder, and the value of such work, and the City of Bakersfield 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 of acceptance of the work by the City Council. It is mutually agreed between. the parties to the contract that no cer- tificate 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. 15 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 of Bakersfield, the City Council, and the Engineer from any and all claims or lia- bility on account of work performed under the contract or any alteration thereof. (d) SUBSTITUTION OF SECURITIES. Whenever herein provision is made for withholding or retention of moneys to ensure performance, substitution of an equivalent amount (value) of securities shall be permitted in accordance. with the provisions and requirements of Government Code Section 4590. SECTION 8. PROVISIONS OF STANDARD SPECIFICATIONS This work embraced herein shall be done in accordance with the appropri- ate provisions of construction details, Section 10 to Section 95, "inclusive, of the Specifications entitled "State of California, Department of Transportation, Standard Specifications, July, 1984,".insofar as the same may apply, which spec- ifications are hereinafter referred to as the Standard Specifications, and in accordance with the following special provisions. Whenever in the Standard Specifications the following terms are used, they shall be understood to mean and refer to the following: Department of Transportation, CALTRANS - The Engineering Department of the City of Bakersfield. Director of Public Works - City Engineer, City of Bakersfield. 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 of Bakersfield to test materials and work involved in the contract. State - The City of Bakersfield. .Other terms appearing in the Standard Specifications, the general provi~ lions, and the special provisions, shall have the intent and meaning specified in Section 1, Definition of Terms of the Standard Specifications. In the event that any portion of the Standard Specifications incorporated herein shall conflict with any of the provisions delineated in the special pro- visions section herein set forth, the provisions so delineated shall take prece- dence over and shall be used in lieu of such conflicting portions of the Standard Specifications. 16 SECTION 9, INSURANCE r In addition to any other form of insurance or bonds required under the terms of the contract and specifications, the Contractor will be required to carry insurance of the. following kinds and amounts: contractor's public liabil- ity insurance policy for property damage, personal injury and automobile liabil- ity (with an insurance company licensed to do business in the State of California) in an amount not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000), combined single-limit coverage with a TWO MILLION DOLLAR ($2,000,000.00) umbrella policy (containing a drop down provision) or, in lieu thereof, a 2.5 MILLION DOLLAR combined single-limit policy. The City of Bakersfield, its mayor, council, officers, agents and employees shall be named as additional insureds under the policy which shall operate as primary insurance. If any. part of the work is sublet, similar insurance shall be provided by or in behalf of the subcontractors to cover their operations. The insurance hereinbefore specified shall be carried until all work required. to be performed under the terms of the contract is satisfactorily com- pleted as evidenced by the formal acceptance by the. City. The Contractor shall furnish the Finance Department with one (1) certif- . irate copy of each of the executed policies or a certified Certificate of Insurance. The certification on such policies shall guarantee that the policy will not be amended, altered, modified, or canceled in so far as the coverage contem- plated hereunder, is concerned, without at least ,five (5) days' notice mailed by registered mail to the Finance Department, City of Bakersfield, Bakersfield, California. The insurance herein required shall be obtained by the successful bidder and the certified copy of the policies or.Certificate of Insurance furnished as herein .provided, within the time fixed herein for his execution of the contract. Full compensation for all premiums which the Contractor and the subcon- tractors are required to pay on all the insurance described above shall be con- sidered as .included in the prices paid for the various items of work to be performed. under the contract, and no additional allowance will be made there-for or for additional premiums which may be required by extension of the policies of insurance. 17 SECTION 10, QUANTITIES The following preliminary estimate of the quantities of work to be done and materials to be furnished are approximate only, being given as a basis for the comparison of bids, and the City of Bakersfield does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that may be deemed necessary or expedi- ent by the Engineer. The provisions of Section 4-1.03B of the Standard Specifications relative to alterations not involving changes in the character of the work shall not apply to any contract item of work in this proposal. ENGINEER'S ESTIMATE ITEM QUANTITY UNIT DESCRIPTION 1. Lump Sum L.S. Signals and Lighting. 2. 3 Each Install signs (mast arm hanger, street name sign). 3. 500 S.F. Remove striping. 4. 2 Each Install pedestrian barricade. SECTION 11, MATERIALS The City of Bakersfield shall furnish the controllers and- cabinet assemblies, signal poles, pedestrian push button post, street name sign panels., and pedestrian barricade signs. The Contractor shall furnish, for use under these special provisions., all other materials required to complete the attached contract. City furnished materials shall be made available to the Contractor at the City Corporation Yard, 4101 Truxtun Avenue. SECTION 12, DESCRIPTION OF WORK The work to be done consists, in general, of installing signs, traffic signals and lighting. Such other items or details, not .mentioned above, that are required by the plans, Standard Specifications, or these special provisions shall beper- formed, placed, constructed or installed. Said work to be done is specifically shown, marked and detailed upon a Plan entitled. TRAFFIC SIGNAL SYSTEMS ON BELLE TERRACE AT NEW STINE ROAD 18 (c) 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. (d) MATERIALS. Whenever any material is specified by name and number thereof, such specifications shall be deemed to be used for the purpose of faci- litating description of the materials and establishing quality, and shall be deemed and construed. to be followed by the words "or approved equal". No sub- s.titution will be permitted other than as described herein unless authorized by the Engineer before the bids are opened. All materials shall be new and the best of their class and kind. (e) ADJUSTMENT OF OVERHEAD COSTS. The provisions of Section 9-1.08 of the Standard Specifications shall not apply to final cost of this contract and no final adjustment for overhead costs will be made. (f) DUST CONTROL. It shall be the Contractor's responsibility to pre- . vent a dust nuisance from originating from the site of the work as a result of his operations during the, effective period of this contract. Preventative meas- ures 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 format-ion. 2. Paved surfaces over which vehicular traffic is permitted to travel shall be kept free of dirt. Temporary suspension of the work, either as a result of order by the Engineer, or as a result of conditions beyond the control of the Contractor shall not relieve the Contractor from his responsibility for dust control as set forth herein. 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. (g) WATERING. Furnishing and applying water shall conform to the pro- visions of Section 17 of the Standard Specifications, except that full compensa- tion therefor shall be considered as included in the prices paid for the various contract items and no separate payment will be made therefor. 19 . (h) ALTERATIONS IN QUANTITY OF WORK. The provisions of Section _ 4-1.03B, 4-1.03B(1), and 4-1.03B(2), of the Standard Specifications relative to increases or decreases in the quantity of contract item of work when no change in the .character of the work is involved shall not apply to any contract item of work in this proposal and the City reserves the right to increase or decrease the quantity of any item or portion of work as may be deemed necessary or in the best interest of the City. (i) 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 Ordinances regulating the use of public streets within the City, except as otherwise provided herein. The Contractor shall inform himself as to all regulations and require- meats of the City Engineer and Superintendent of Streets of the City of Bakersfield and shall conduct his operations in compliance therewith. (j) PERMITS AND LICENSES. The Contractor shall procure all permits and licenses, pay all charges and fees and give all notices necessary and inci- dental to the due and lawful prosecution of the work. (k) MAINTAINING TRAFFIC. Attention is directed to Sections 7-1.0$, "Public Convenience," 7-1.09, "Public Safety," 7-1.092, "Lane Closure,'' and 7-1.093, "Portable Delineators," of the Standard Specifications. The Contractor shall comply with the provisions of these .sections and these special provisions. 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 natify them immediately of any streets impassable for fire fighting equipment. The full width of the traveled way shall be open for use by public traffic on Saturdays, Sundays and designated legal holidays, .before 8:30 A.M. and after 4:00 P.M. on weekdays, and when construction operations are not acti- vely in progress. Designated legal holidays are: January 1st, the third Monday in February, the last Monday in May, July 4th, the first Monday in September, November 11th, Thanksgiving Day, and December 25th. When a designated legal holiday 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. 20 Personal vehicles of the Contractor's employees shall not be parked on the roadway at any time, including any section closed to public traffic. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. The provisions in this section may be modified or altered if, in the opinion of the Engineer, public traffic will be better served and work expe- dited. Said modifications or alterations shall not be adopted until approved in writing by the Engineer. The prices paid for the various contract items of work shall be con- . sidered as full compensation for complying with the. provisions of this Section 13(k) Maintaining Traffic, and no additional payment will be made therefor. (1) 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 spe- cial provisions. Prior to commencement of the traffic signal functional tests, all items of .work related to the signal control s-hall be completed and all signs shall be in place. (m) COOPERATIONS. The Contractors shall cooperate fully with the other Contractors performing work on the site. It is .not anticipated that the work to be done by others will ser- ously delay the Contractor's completion of the work..- However, if such work does resul in extraordinary delay, the Contractor may-seek relief from liquidated da~aages as set forth in the fourth paragraph of Article b(e) of these Special. Provisions. Full compensation for complying with the requirements of this Article 13(m) shall be considered as included in the prices paid for the various con- tract items of work and no additional allowance will be made therefor. 21 SECTION 14. SPECIAL PROVISIONS - TRAFFIC SIGNALS AND STREET LIGHTING (a) DESCRIPTION. Furnishing, installing and modifying traffic sig- pals and highway lighting and payment therefor shall conform to the provisions in Section 8b, "Signals and Lighting", of the Standard Specifications and these special provisions. Traffic signal work is to be performed at the following locations: BELLE TERRACE AT NEW STINE ROAD (b) REMOVING AND REPLACING IMPROVEMENTS. Removing and replacing improvements shall conform to the provisions in Section 86-2.02, "Removing and Replacing Improvements," of the Standard Specifications and these special provisions. (c) FOUNDATIONS. Foundations shall conform to the provisions in Section 86-2.03, "Foundations," of the Standard Specifications and these special provisions. ,The Contractor shall furnish the anchor bolts, nuts and washers to be used for new foundations and shall furnish the appropriate nuts and washers for existing foundations to be reused. Portland cement, concrete shall conform to Section 90-10, "Minor Concrete," of the Standard Specifications and shall contain not less than 410 pounds of cement per cubic yard, except for pile foundations shall contain not Less than 564 pounds of cement per cubic yard. (d) CONDUIT. Conduit shall conform to the provisions in Section 86-2.05, "Conduit," of the Standard Specifications and these special provisions. Insulated bonding bushings will be required on metal conduit. (e) 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. 22 (f) CONDUCTORS AND WIRING. Conductors and wiring shall conform to the provisions in Section 86-2.08, "Conductors," and Section 86-2.09, "Wiring," r, of the Standard Specifications and these special provisions. Conductors shall be spliced by the use of "C" shaped compression con- nectors as shown on standard plan ES 13. Splices shall be insulated by "Method B." Numbered sentence 2 in the first paragraph of Section 86-2.09D, "Splicing," is amended to read: 2, Pedestrian push button commons in pull boxes. (g) BONDING AND GROUNDING. Bonding and grounding shall conform to the provisions in section 86-2.10 "Bonding: and Grounding," of the Standard Specifications-and these special provisions. (h) SERVICE. Service shall conform to the provisions in Section 86-2.11, "service," of the Standard Specifications and these special provisions. 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. (i) TESTING.. Testing shall conform to the provisions in Section 86-2.14, "Testing," of the Standard Specifications and these special provisions. (j) 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, "Signnal Mounting Assemblies," of the .Standard Specifications and these special prov`isi:ons, 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. (k) PEDESTRIAN SIGNALS. Pedestrian signals shall conform to the pro- visions in Section 86-4.05, "Pedestrian Signal Faces," of the Standard Specifications and .these special provisions. Pedestrian signals shall be Type C. 23 (1) LUMINAIRES. Luminaires shall conform to the provisions in Section 8b-6,01, "High Intensity-Discharge Luminaires," of the Standard Specifications and these special provisions. Luminaires shall be furnished with 200-watt high pressure sodium lamps and integral ballasts. (m) PHOTOELECTRIC CONTROLS, Photoelectric controls shall conform to the provisions in Section 86-b,07, "Photoelectric Controls", of the Standard Specifications and these special provisions. Each luminaire shall be provided with a Type IV photoelectrical control. (n) CONTROLLERS, CABINETS AND AUXILIARY EQUIPMENT. The City will furnish .the controller and cabinet assembly for each location. (o) DETECTORS. Detectors shall conform to the provisions in Section 86-5, "Detectors," of the Standard Specifications and these special provisions. In lieu of sealing methods specified in Section 8b-S.OlA(5), "Installation Details," of the Standard Specifications, the Contractor may seal loops in A.C, in accordance with the following: After conductors are installed in the slots cut in the pavement, the slots shall be filled with asphaltic emulsion Type CSS-1, Section 94, "Asphaltic Emulsion,'' tv within 1/8 inch of the pavement surface. The emulsion shall be at least 1/2 inch thick above the top conductor in the sawcut. Plant mixed RMAS, composed of 4 to 8% MC-800 conform- ing to Section 93, "Liquid Asphalts," and aggregate of Type 'C', No. 4 max, grading, conforming to Section 39, "Asphalt Concrete," shall be mixed with asphaltis emulsion placed. in the slots-and tamped, all as directed by the Engineer. Surplus materials shall be removed from the adjacent surfaces without the use of solvents. Asphaltic emulsion shall be applied to the filled slot and sand applied to the surface, all as directed by the Engineer. Detector loops in concrete pads shall be .sealed with epoxy sealant con- forming to State of California, Department of Transportation Standard Specifications, July, 1984, Section 95-2,09, Epoxy Sealant for inductive loops. Lead in cables shall be Type A lead-ins and shall conform to the pro- visions in Section 86-S.OlA(4), "Construction Materials", of the Standard Specifications and these special provisions. (p) 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. 24 SECTION 15. SPECIAL PROVISIONS - ROADSIDE SIGNS (a) ROADSIDE SIGNS. Roadside signs shall conform to the provisions in Section 56-2, "Roadside Signs," of the Standard Specifications and these spe- cial provisions. Sign panels shall be furnished by the City. Mast-arm hangers shall be furnished by the Contractor. Roadside signs shall be installed by mast-arm hanger methods as shown on Standard Plan Sheet TS-3, 3A (Street Name Sign), or acceptable equal such as Hawkins M10J Series swinging sign bracket, with return spring removed. (b) PAYMENT. Payment per unit for installing sign (Mast-arm Hanger, Street Name Sign) shall conform to the provisions in Section 56-2.06, "Payment," of the Standard Specifications. SECTION 16. SPECIAL PROVISIONS - GUARANTEE FOR TRAFFIC SIGNAL AND STREET LIGHTING .SYSTEMS. (a) 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 for a period of one (1) year from the. date of acceptance of the work.. The guarantee, properly executed, shall be.filed with the City before notice of completion and final acceptance is made by the City of-.the work described on the plans and these special provisions. (b) PAYMENT. The lump sum prices paid for installation of traffic signal and street lighting systems sh-all include full compensation for furnish- ing the guarantee as required in this section. 25 SECTION 17. SPECIAL PROVISIONS - Remove Traffic Stripes: and Pavement Markings a) 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 hazard to traffic will not be permitted. Traffic stripes shall be removed before any change is made in the traffic pattern.. Blast cleaning for removal of traffic stripes shall be feathered out to irregular and varying widths. Pavement markings shall be removed by blast cleaning a rectangular area, rather than just lettering or markings, so the old message cannot be identified. After removal of traffic stripes and pavement markings, a fog seal coat shall be applied in conformance with the provisions in Section 37, "Bituminous Seals," of the Standard Specifications and the following: In traffic stripe removal areas, the fog seal coat shall be applied over the traffic stripe .removal area and to irregular and varying widths with an average width of 2 feet on each side of the blast cleaned traffic stripe removal area. In pavement marking removal areas, the fog seal coat shall be applied to the blast cleaned rectangular area. Full compensation for furnishing and applying fog seal coat as speci- fied herein shall be considered as .included in the contract price paid per square foot for removal of traffic stripe and pavement marking and no separate payment will be made therefor. Nothing in these special provisions shall relieve the Contractor from his responsibilities as provided in Section 7-1.09, "Public Safety," of the Standard Specifications. b) 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 spe- cial provisions. Pavement delineation shall be replaced by temporary delineation before opening the traveled way to public traffic. Temporary delineation shall consist of reflective traffic 1-ine 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 2b be the same color as the permanent delineation. Full compensation for temporary delineation shall be cons-de-r-ed --as- nc-laded in the---p-r--ice-s---paid fo-r-- the--contr--act items of work that obliterated the existing delineation and no separate payment will be made therefor. 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S. cHECK~n ~OR R~~~f~ Jul .:~N L ~ ~~ew Qaox cr~s~r c~~aK Ace scA~~ ci Y ~N~ c =~'~~.z ~i~t~INE~RINC l~~F~AR~°~'l~N~" ."iAx!^!r.,atis..:.::,a:r:aaur.~nen..;.y,..u.~~~«....w.,c.,:.._•-., , - - - - PROPOSAL FOR TRAFFIC SIGNAL SYSTEM ON BELLE TERRACE AT NEW STINE ROAD To the City Clerk of-the City of Bakersfield: The undersigned, as bidder,..declares that the only persons or parties .interested in this proposal as principals are those named herein; that this pro-- posal is made without collusiau with. any other person, firm or corporation; that he has carefully examined the location of the proposed Mork., the annexed pro- posed form of contract and the plans therein referred to; and he proposes and agrees if this proposal is accepted, that he will contract with the City of Bakersfield, in the prescribed form of contract hereto annexed, to provide all necessary machinery, tools, apparatus and. other means of construction and to do all the work and furnish all the materials in accordance with. the plans and spe-- cifications for the above, filed in the office of the Finance Director of the. City of Bakersfield and as specified in the contract, in the manner and tine. 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: In case of a discrepancy between wards and figures, the wards shall prevail; and in case of discrepancies between unit prices and totals, the unit . prices shall. prevail. The undersigned further-=agrees that in case. afdefault in executi~~ the required contract, c~ith necessary bonds, within ten (10) days.,. hot inC~.pdng 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 pra~ perty of the City of Bakersfield. Bidder acknowledges receipt of the following addendum: ITEM APPRO~~. :ITEM wITH LUMP SUM PRICE UNLT . _ QUANTITY ~ WRITTEN IN WO~tDS PRICE TC}TAL Na 1. Lump Sum Signals and Li~htin~, at Z. 3 Each,. Install signs (mast arm hanger, street name sign), at . Each SIGNED Bidder Page l of 2 PROPOSAL FOR: TRAFFIC SIGNAL SYSTEM ON BELLE TERRACE AT NEW STINE ROAD ITEM APPROX. ITEM WITH LUMP SU~i PRICE UNIT - N0. QUANTITY WRITTEN IN WORDS PRICE TOTAL 3. 500 Square Feet, Remove striping, at . Per S.F. 4. 2 Each, Install pedestrian . barricade, at Each ~ ~ + ~ TOTAL $ SIGNED Bidder Page 2 of 2 pages . PROPOSAL FOR TRAFFIC SIGNAL SYSTEM ON BELLE TERRACE AT NEW STINE ROAD To the City Clerk of the City of Bakersfield: The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this pro- posal is made without collusion with any other person, firm or corporation; that he has carefully examined the location of the proposed work, the annexed pro- posed form of contract and the plans therein referred to; and he proposes and agrees if this proposal is accepted, that he will contract with the City~of Bakersfield, in the prescribed form of contract hereto annexed, to provide all necessary machinery, tools, apparatus and other-means of construction and to do -all the work and furnish all the materials in accordance with the plans and spe- cifications for the above, filed in the office of the Finance Director of the City of Bakersfield and- as specified in the contract, in the manner and time therein prescribed, and according. to the requirements of the Engineer as therein set forth, and that he will take in full payment therefor the unit prices or lump sums set. forth in the following schedule: In case of a discrepancy between words and figures, the words shall prevail; and in case of discrepancies between unit prices and .totals, the unit prices shall prevail. The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within. ten (10) days,.. not including... Sunday, offer having received notice that the contract. is ready for signature, the proceeds of the check~or bid: bond accompanying his:-bid:. shall.. become the proms perty of the City of Bakersfield. Bidder acknow-ledges receipt- of the following addendum: ITEM APPROX... ITEM WITH LUMP SUM PRICE UNLT NQ. UANTITY WRITTEN IN WORDS PRICE- TOTAL. 1. Lump.: Sum Signals and Lighting, at 2. 3 Each Install signs (mast arm - ha ger, street na__me_ sign=at__ Each SIGNED' Bidder Page 1 of 2 PROPOSAL FOR: TRAFFIC. SIGNAL SYSTEM ON BELLE TERRACE AT NEW STINE ROAD ITEM APPROX. ITEM WITH LUMP SUM PRICE UNIT NO. QUANTITY WRITTEN IN WORDS PRICE TOTAL 3. 500 Square Feet, Remove striping, at Per S.F. 4. 2 Each, Install pedestrian barricade, at Each TOTAL:. $ SIGNED Bidder Page 2 of 2 pages. ~ Accon~panz'III~, this proposal i s......... ~ ~ , , << , " "cashier's c),eck " "certi- (1~OTIC,IJ. Ill~e~t tllt, «~oids cash fled check,'' or "bidder's bond," as the case may be), in amount equal to at least tell percent of the total of the bid. Tl~e llatlles of all persons interested ill the foreaoivg proposal as prin- cipals ale as follows ~ If bidder or other interested person is a cor~ ~rtcmt F~ot~C poration, 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 copart~ Hers composing f irm p if bidder or other interested persol~ 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 No'f1r-!t bidder it a corporatloa. the legal aa~e of the corporatloa shall be let forth above together with th+~ sigaature of the office; or otlicer~ authorlred ro ~lqa toatract~ oa behalf •t the corporatioa; t! bidder ti o copartaerihip, the true: name of the ftrm ball be set. lorth above together Ntth tbo eigaottare of the pa=taer or .partner: authors=ed to Biqa contracts la behalf of the copartaer`btp; and it bidder ~ as iDdl•idual. hli sigaatnre sholl De placed above. 1! signature is by as ogeat. other than an officer o! a corporation or a a~eaaber o! a partaenhip, a Porter of AttoroeY must be oa file wttb the. CItY Clerk o! the C1tY o! Eaker:field prior to opening bids of iubmltted with the bid; otherwioe, tbd bid wUl be dl:rogardad at irregular -and uaautfiori:ed. Business a ress......... Place of residence Dated ..............................................................,19........... p~ue~aann~ y ~ ~ v v n ~~ot ,necessary it cast ~r c~:r¢ixi~:~ ch~r~C i5 ~-,yltfl ~i~;~, ~'h at w a as principal, and as surety, are held and ~irml bound unto tl~e City of shakers{field, a body politic and corporate oaf the State of y California, i~ the sum of dollars to be ?paid to said Caty , ~or ~~1,,icl~ payrr~ent , well and truly to be made ; we _ , o~n~ ourse:5'Q'a , Czar ne..~r.'.' , ~'.~e~Lit~'TS aria r3o:rlt:il :l1 ~ ~vrs n ~La+,C ~~0': M ~r ~~5i~?15 , 1oirYt.ly and ~evera~ly by a g 1 ll y~} S.r~ +d~e ~Lt..+V ~Id I).V i' fa . ~i J)J CV NY i 1 ~~N ~F 71 OBLICr~TI~N ~S S~1~C~ e 'What if the. certain proposal, hereunto annexed, to construct certain work and improvements in the Ci of Bakersfield as referred to in the Notice to Contractors attached hereto, is accepted b the Council of said City and if the above bounden principal, heirs, executors, administrators, suc~ y Lessors and assigns, shall duly enter into an~ execute a contract, to construct said improvements aforementioned, and shall execute and deliver the two bonds required by law, within ten days tnot ineludin Sunday from the date a~ a notice to the above bounden principal, that said contract is ready g for execution, then this nbli~ation shall become null and void, otherwise it shall be and remain in full force and effect. IN '4,~V~~'N°BSS ~1~-iEREOF, we have hereunto set our hands and se::ls this day of ^ (Seal} (Seal) ~ Seal } ~ Seal ) ~Scal) l LIST OF SUB-CONTRACTORS All persons or parties submitting a bid proposal on the project shall complete the following form, setting forth the name and. the location of tie mill, shop or office of each sub-contractor wha will perform work or labor or render service to the contractor . in or about the construction of the work or improti~ement in excess of one-half of one percent of prime contractor's total bid, and the portion of the.work which will be done by each sub-contractor. 'Phis list is to be completed and. submitted with said bid proposal. The Subletting and Subcontracting Fair Practices Act {Government Code Section 410 et seq.) applies to all contracts except those for construction,, improvement or repair of street or highways, includir~►n bridges, and applies to such contracts as to the portions thereof covering street lighting and t~~affic sinals. If a contractor fails to specify a subcontractor for any portion of the worn to be performed under the contract, ~~e shall ~~z ~~~acmeci to ha~~e ~._,~•eeu that re is fully qualified to perform that portion himself a~~c~ than. he ~~~all perfo~:•m such portion himself, and he shall. zQt be permi ~tGc~ to sub-contract that. portion of the ~►or~~c . except: as authoxzed by Section 4lOg of the California. Governme:~t Code . DIVISIGN QF . NAt~~E OF SUB-CQNTRACTOR ADDRESS wOR~ I: ~IOL~IFD GUARANTEE TRAFFIC SIGNAL EQUIPMENT City of Bakersfield Department of Public Works Bakersfield, California In accordance with the terms of Contract No. for the Project: awarded on between the City of Bakersfield thereinafter referred to as the City}, and the undersigned, which contract provides for the installation of lighting and/or traffic signal system and under which contract the undersigned has furnished and installed such system, the following guarantee of the said system is hereby made. Should any of the equipment installed pursuant to said contract, except lighting elements, prove defective or should the system as a whole prove defective, due to faulty workmanship, material furnished, or method of installa- tion, or should said system or any part thereof fail to operate properly, as planned, due to any of the above causes, all within (1} year after date on which said contract is accepted by the City, the undersigned agrees to reimburse the City, upon demand, for its expenses incurred in restoring said systems to the condition contemplated in said contract, including the cost of any equipment or materials replaced, or, upon demand by the City, to replace any such equipment and repair said systems. completely without cost to the City, so that they will operate successfully as originally contemplated. The City shall have the option to make any needed repairs, or replace- merits itself or to have such replacements or repairs done by-the undersigned. Pxior to such replacement or repair work being done by the City, the undersigned shall have the option to make- anyneeded repairs or replacements. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall commence to be made and such materials as are nec- essary shall commence to be furnished and installed within Twenty-Four X24} hours of the. date specified in the City's written notification. Contractor shall prosecute with due diligence to complete the work within a reasonable period of time, as specified in the City's written notification.. Said system will be deemed defective within the. meaning of this guar- antee in the event-:that they fail to operate as originally intended by the manu- facturers thereof and in accordance with the plans and specifications included in said contract. Contractor's Signature Firm Address Date P Pa e