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HomeMy WebLinkAbout1988 Special Provisions Project District BlvdCapp ~o. 3 CITY OF BAKERSFIELD 1 CA~LIF4RN~ s~r S.PECIFL~AT=L.~NS INFORMATION T4 BIDDERS 1._ . SPECIAL PROVISIONS . ~ BID ~ROPOSA~L FOR ' ~ ~ . ~ I' . y . _ TI~AFF IC S IC~AL 5~'STEM 0~3 ~ ~ _ rn NE AD Di TRI BLVD ~T S s.I RQ S CT - 1~ATE: OCTQBER 27, 1938 ~ ~~~~~~~~~§~~~~~~~~~~~~~~~~~~5~~~~~~~~~~~~~~~~§~~~~~~~~~§~~~~~~~~~~~~~ DERP~`I~E~1T OF PUBLIC 1i~R~S' CITY O~ ~RSFIELD, CALIFORNIA 1501 T'.~t AV~~ B~'•~RERSFIELD, CALIFORNIA 9331 D3 ®1013 CGawz~ CITY OF B~~KERSFIELD 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 2?, 1988 to be publicly opened and read immediately thereafter, for the following work: TRAFFIC SIGNAL SYSTEM ON DISTRICT BLVD. AT 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 No Dollars ($0.00 ~ f or .each complete set. Refund of deposit wiYll be ride provided the plans and specifications are returned to the Purchasing Officer within ten (10~ days from date of bid opening and the documents 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 in~nediately following ~~e sped- fications of the pxoject, and is-made in accordance with the provisions set forth under Section 2, "Proposal Requirements and Conditions" of the Standard Specifications of the Department of Transportation, Business & Transportation Agency, State of California, under date. of July, 1984. Each bid must be acc~-n- paned by a proposal guarantee in accordance with the requirements of article 2-1.07 0~ 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 Government Code 4590. The 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 moust possess a valid Class A or Class C-10 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. D3:41013.1 1 GG:wrn PROGRESS OF THE ARK AND TIME FOR COMPLETION. Attention is directed to the provisions of Section 8, 8-1.03, "Beginning of Work," Article 8-1,0~, "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 a~~nended to read: The Contractor shall begin work within f fifteen X15) days after. receiving written notice the contract has been approved by the City Council and to proceed. The Contractor shall diligently prosecute the same to completion before the expiration of 30 working days. Contract working days will conce 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 furnish the Engineer with a statement from the vendor that the order for theelectrical 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 urltil all components necessary for operation of the signal system are on hand. The Contractor will be granted an extension of time and will-not be assessed with liquidated . damages or the cost of engineerin~,andinspection for any portion of the delay in cor~pletion of the work caused by manufacturing time. Thee ntunber of days extension shall be the working days between the date as determined according to Special Provisions Section 4-1.O1 and the date of receipt of all components as Betermined by the Engineer. Upon receipt of all co~onents, the Contractor shall notify the Engineer in writing and the Engineer will order start of work in writing.. 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 w-ill be made therefor. D3:41013.2 -2- Gv:wrn 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 Hall, in said City, until 2 o'clock P.M. on OCTOBER 27, 1988 sealed proposals for T~~AF'FIC SIGNAL SYSTEM ON DISTRICT BLVD. AT STINE ROAD (b) PROPOSAL FORM, All proposals ncust be made upon blank forms to be obtained from the Purchasing Officer, the form of which appears herein immedi-- ately following these specifications. All proposals must give the prices pro-. posed, both in writing and figures, and must be s~.gned 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- ness 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 amount of said bid, and no bid shall ,be considered unless such certi- fled check or bid bond is enclosed therewith. (d) RETURN OF BIDDER'S GUAJ~NTIES. Within ten (10~ days after the award of the contract, the City of Bakersfield will rAturn the proposal guaranties accompanying such of the proposals as are not to be considered in making the award. All other prop~sal_guaranties twill 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 (100x) 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 a t the office of the City Attorney. D3:41013.3 -3- ~lhenever 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 ~.n writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that origi- nally 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 ~O1~ITAINING ALTERATIC~IS, E~~ASURES OR IRREGtJjLARITLES. Proposals may be rejected if they show .any alterations of form, additions not. called for, conditional or alternative bids, incomplete bids, era- s~res 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 CON'T'RACT. 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 the quality, fitness and capacity of the low bidder to satisfactorily perform the work. The award of the contract will be made within. forty-five ~ 45) days after the opening of the proposals unless extension is approved by t~'~e lowest responsible bidder. ~h} EXECUTIO~1 OF CONTRACT. The contract ,shall be signed by tlhe successful bidder. and returned, together-with the contract bonds within ten X10) days, not including Sundays, after the bidder-has received notice that the contract has been awarded. NO proposal shall be considered binding upon the. City until the execution of the contract. All contracts shall be considered as being made and entered rota 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, (i} ExAMINATIONS OF PLANS,SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK. The bider is required to examine carefully the .site of , the proposal, plans and specifications, and contract forms for the work contemplated, and it will be assun~d that the bidder has investigated and is satisfied as to the conditions to be encountered, as to 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. D3:41013.4 -4- GG:wrn SECTION 2, SCOPE OF WORK (a} WI~RK TO BE DOME. The work to be done consists of furnishing all labor, materials, methods and processes, implements, tools and machinery, except as otherwise spedfied, which are necessary and required to construct the pro- posed improven~nts, 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) E~:C'RA ~10RK, 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 bid price. The contractor shall do no extra work except upon written order from 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- struction of -the street or road, if and as required by the Engineer. The contractor shall rer~ve and dispose of all trees designated by the Engineer as obstructions to the proper completion of the work. The removing and disposing of all obst:cuctions 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 CI~~ANING UP. Upon completion and before eking 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 t'~e work shall be left in a neat and presentable condition. D3 : 41013 ~°5- SP3 SECTION 3. CONTROL OF THE ~~RK (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- Wished and work perforn~d, and as to the manner of performance and rate of pro- ess 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 art of the contractor; and all questions as to claims and p 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 changea shall be made of an lan or drawing after the same has been approved by the Engineer, Yp 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 involvin these Tans shall be performed, unless approval is waived in writing g p by the Engineer. It is mutually agreed, however,-that the approval by the Engineer of the contractor's workin lan does not relieve the contractor of any responsibility gp for accuracy of dn~nsians 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-} CONFOR~~ITY WIT~-I PLANS AND ALL~~1ABLE DE~~IATION, Finished surf aces in all cases shall conform with the lines, grades, cross-sections, and din- sions shown on the approved plans. Deviations from the approved plans, as may. be re iced by the exigencies. of construction will be determa.ned in all cases by the Engineer-and authorized in writing. (d) COORDINATION OF PLANS, SPECIFICATIONS, AND SPECIAL PROVISIONS. These specifications, the plans, special provisions, and all supplementary docu- rents are essential parts of the contract, and a requirement. occurring in one is a bindin as thou h occurin in all.. They arp intended to be cooperative, to g g g describe, and to provide far a complete work. Plans shall govern over specifi- cations; special provisions shall govern over both specifications and plans. City specifications shall govern aver State .Standard Specifications. \ (e) INTERPRETATION OF PLANS AND SPECIFICATIONS. Should it appear that the work to be done, or any matter relative therzto, 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. D3 : 41013.6 -6- ~ ~ 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 t~ .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 superintendent or foreman in charge of the particular work in reference to which orders are given. (g) LINES AND G]~~DES. All distances and measurerr~nts 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 con~nor in order to detect any variation from a straight grade, and in case any such discrepancy exists, it rust be reported to the Engineer. If such a discrepancy is not reported to tY 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, necessary for making anc maintaining points and lines, as he may require. Payment for labor furnished by the Contractor for such purposes is considered as included in various items of .work and no additional compensation will be allowed therefor. 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. i (h} INSPECTION. The Engineer shall at all times have access to the work duri~ construction, and shall be furnished with every reasonable facility for discertaining fu: knowledge respecting the progress, workmanship, and character 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,. a~ unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the Engineer and accepted or estimated fog payment. Projects financed in whole or in part with State funds shall be subject 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 requirerr~nts 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. D3:41013.7 -7, GG:wrn 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. 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. -~1o 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 shah. be considered as defective, and all such. materials, whether in place or not, shall be rejected and shall be removed imn~diately 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 ~°en~val and replacement from any monies due or to become ..due the contractor. - D3a41013.8 °8- GGawrn 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 L~A,B~OR. 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 contact 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 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 x$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, shaving 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 b~ a registered civil or structural engineer. Nothing in this section shall be deer~d 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 t~.is 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. D3:41013.9 ®9® GG:wrn a td} EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this contract the Contractor agrees as follows: tl} The contractor will not discriminate against any employee or applicant for employn~nt 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; pecruitn~nt or recruitn~nt advertising; layoff or ter- . urination; 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 advertsen~nts for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considera- tion for employn~nt without regard to race, creed, color, sex, or national origin. ~3} The Contractor will send to each labor union or represents- . the of workers with which he has a collective bargaina.ng agreement. or other contract or understanding, a notice to be provided advising the labor union or workers' represzn- tative of the Contractor's cond.tments under Section 202 of Executive order Na. -11246 of September 24, 1965 and shall post copies of the notice in conspicuous .places available to employees and applicants for emplo~~ment. ~4} The Contractor will.. comply with all provisions of Executive Order No. 11246 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 Bakersf ..field, forfeit $ 25.00 for each calendar day or portion thereof , for each workman paid less than the stipulated prevailing rates fox 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 17.70 to Section 1780,. inclusive, of the Labor Code. The Contractor shall be responsible for its own and subcontractors.' con~liance with the requirement of Section 1776 of that Code. Copies of the prevailing rate of per diem wages, for each craft, clas- sif ication or t~~pe of workman needed to execute the contract, are on file fir. 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. D3:41013.10 -10- GG:wrn (g} REGISTRATION OF CONTRACTORS, Prior to award, Contractors shall be licensed in accordance with the provisions of Section 7055 of Business and Professions Code. Qh) 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 CON~JENIENCE 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 .included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor. (k) RESP~3SIBILITY FOR. I~P~AGE, Tie City of Bakersf ie1d, the City- Council, or ~:he 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 . D3:41013,11 -ll- GG:wrn ~l} CON'~`RACTOR'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 an~r 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 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 Gove~nt or the public enemy. Vim) 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. fin} 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 ih these specifications. D3 : 41013.12 -12-~ GG:wrn SECTION 6.0 PROSECUTION AND PROGRESS ta) SUBLETTING AND ASSIC~~MENT, 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. 'here 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 irrn~diately on the requisition of the City Engineer and shall not again be -employed on the work, fib) The Contractor shall diligently prosecute the work to completion before the expiration of the permitted nwnber of working days or calendar .days as specified on Page 1 of this specification. (c) CHARACTER OF ~R]:~MEN. Tf any subcontractor or person employed by the Contractor shall fail or refuse. t~ carry out the directions of the Engineer or shall appear to the Engineer to be incompetznt 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 ARK. 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 consid- erect unfavorable fir 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 abet' such order of the Engineer and shall not resume the work until ordered in writing by the Engineer, (e) TI1~ OF COMPLETION AND LIQUIDATED DAr~AGES . I t i s agreed by the parties to the contract that in case all the work called for under t'~e contract is not completed before or upon the expiration of the time limit as set forth in .these specifications, damage will be sustained by the City of Bakersfield, anal _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 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 mad deduct the amount thereof from any money due or that may become due the Contractor under the contract. D3~41013.13 -13- GG:wrn 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 tires specified the City Council shall have the right to extend the time for c~n- pletion or not, as may seem best to serve the interest of the City; and if it decides to extend the tiny 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 payn~nt 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 that 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 ascer- tain the facts ,and the extent of the delay, and his findings of the facts thereon shall be final and conclusive. {f7 SUSPENSION QF CONTRACT: If at any time in the opinion of the 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 hi~~n, and should he neglect or refuse to provide mans 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 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 therefturn 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 have been paid. D3:41013.14 -14- GG:wrn In the determination of the question whether there has been any such non-compliance with the contract as to warrant the suspension or annuln~nt thereof, the decision of the City Council shall be binding on all parties to the contract. fig) RIG~iT OF WAY, The right of way for the work to bs 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. D3 :41013.15 -~15°~ GG:wrn SECTION 7. MEASUREMENT AND PAYMENT (a } E;~I'I~A AND FORCE ACCOUNT t~RK. Extra work as here inbef ore 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 payn~nts 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 PAY'~ENTS. The Contractor shall, once in each month, submit far approval., an estimate in writing to the City Engineer of the dotal amount of work done by the Contractor, tO the tip 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 fulf illr~ent of the contract by the~Contractor, and shall monthly pay to the Contractor, while caring on the work, the balance not retained, as aforesaid, after deducting therefrom all. previous payn~nts and all s~~ns to be kept or retained under he 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 previsions of the contract, or when in his judgment the total value of the work done since the last sstimate amounts to less than Three. Hundred Dollars ($300.00}. c } FINAL PA'Y'MENT, .The City Engineer shall, after .the complet-ion of the. contract, make a f 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 the "NOTICE OE COMPLETION" is recorded at the County Recorder's Office. 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. D3:41013.1~ ®16° GG:wrn And the Contractor further agrees that the payment of the final arr~unt due under the contract, and the adjustment and payment for any work done in accordance with~any alterations of the sang, 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 SEC(JRITIES. rrVhenever herein provision is made far withholding or retention of moneys to -ensure perforr~ance, substitution of an equivalent amount (value} of securities shall be permitted in accordance with the provisions and requirements of Gover~lment 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 1~ 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, C,ADT~~ANS -The Engineering Department of the City of 8akersf field. Director of Public Works - Ci y Engineer, Cray of Bakersfield. m 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- signs, 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 szt forth, the provisions so delineated shall take prece-- dance over and shall be used in lieu of such conflicting portions of the Standard Specifications. ,o D3:41413.17 -17- ~ GG:wrn SECTION 9. INSURANCE 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 d~~nage, 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 DOI~L~~RS x$500,000}, combined single-limit coverage with a TWO MILLION DOLLAR x$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,yofficers, 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 steall furnish the ..Finance Department with one ~ 1 } ce rt if - icate copy of each of the executed policies or a certf ied Certificate of Insurance. The certification on such policies shall guarantee that the policy will not be ar~nded, altered, modified, or canceled in so far ~s the coverage contem- plated hereunder is concerned, without~at least five C5} 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, wi hin the time fixed. herein for his execution of the cantxact. pit 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 therefor or for additional remiums which rna be re iced extension of the policies of p Y . ~ by insurance. . 1 . ~ ',1 :3 _ T ;ut ~ ; j .1 W}~1 ~4 Yz ` J l -18- GG:wrn  SECTION I0, 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 deerc~d necessary or expedi- ent by the Engineer. ENGINEER'S ESTIMATE ITEM QUANTITY UNIT I~SC~IPTION 1. 1. Lump Sum LnstalLttraffic signal and lighting system. 2. 1225 Sq. Ft. Remove pavement markings. D3:41013.19 -~19~ GG:wrn SP11 SECTION 11. MATERIALS The Contractor shall furnish, for use under. these special provisions, all materials required to cor~lete the attached contract, except. those materials provided by the City where specified in these special provisions. SECTION 12. DESCRIPTION OE ~JC?RK The general description of work is as follows: Installing traffic signal and lighting system. Said work is shown and detailed on a plan entitled: Traffic Signal .System on District blvd. at Stine Road D3:41013.20 ®20® GG:wrn SECTION 13. GENERAL PROVISIONS. (a) PUBLIC SAFETY AND PRESERVATION OF PROPERTY, Attention is directed to Section 7 of the Standard Specifications The Contractor shall comply with the provisions of this section, except as otherwise directed by the Engineer, Such provisions for public safety shall meet the minimum requirements and shall be subject to the approval of the City Engineer. Full compensation for complying with the requiren~nts of this section shall be considered as included in the contract prices paid for the various. items of work and no additional compensation will be allowed therefor. (b~ OBSTRUCTIONS, Attention is directed to Section 8-1.10, "Utility and Non--Highway Facilities," of the Standard Specifications, the puns, and the special provisions. Where extra work is required by said section it shall be paid for as provided in Section 7.(a~ of these specifications. 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 offSection 7-1..11, "Preservation of Property," and 7-I,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 con- structon area .shall be ascertained by the Contractor before using equipment that may damage such facilities or interfere with t~'~e serv-ices. Other forces may be .engaged in wing or removing utility facilities o~ other improvements or maintain%ng ser<~ices or utilities. The Contractor shall cooperate with such forces and conduct his operations in such a manner as to avoid any unnecessary delay.or hindrance to the work being performed by other such forces. Any delay to the Contractor due to utility relocation whether or not the utility is shown or correctly located on the. plans will not be compensated for as idle time,. However, additional contract time commensurate with such delays may be allowed. At locations where irrigation systems exist, the Engineer will direct the.. Contractor as to what steps w~.ll be required to protect the irrigation sys- tern and the area it serves. The Contractor shall replace the irrigation system as directed by the Engineer. Existing. land subdivision monuments and stakes shall be fully protected from damage or displacement and. they shall not be disturbed unless directed by the Engineer. Attention is directed to the fact that nuisance water may be present at all times along the project. It will be the responsibility of the Contractor to provide for handling of said water and~any expense involved shall be considered as included in the prices paid for the various items of work and no additional allowance will be made therefor. Except in the case of extra work, full compensation for conforming to the 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.. D3s41013.21 -21- ~ GGowrn (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 sham 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 ~ M~~TERI~~hS. Whenever any material is specified by name and n~u~nber 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 nor approved equal". No sulr° stitution 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 } AD~7tJSTMENT OF OvERt~AD COSTS.. The provisions of Section 9-1.0$ of the Standard Specifications shall nat apply to final cost of this contract and no final adjustment for overhead costs will be made. (f} DQST COAL. It shall be the Contractors 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° urea 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 .surf ace from becoming dry enough to permit dust formation. 2. Paved surfaces over which vehicular .traffic is permitted to .travel shall be kept free of dirt. Temporary suspension of the work, either as a result of order by the Bngineer~- 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~ wATER~ING. Furnishing and applying. water shall canforr~ to the pra- visions of Section 17 of the Standard Specifications, except thatfull c nsa- o tlon therefor shall be considered as included In the prices paid for the various contract items and no separate. payment will be made therefor. (h~ LABOR CLASSIFICATION, No contractor employee shall be allowed to perform work outside his or her prevailing wage trade classification as defined by the California Department of Industrial Relations. D3m41013.22 -22- (i} ALTERATIONS IN QUANTITY OF WORK, The provisions of Section 4-1.038, 4-1.038(1}, and 4-1.038(2), of the Standard Specifications relative to increases or decreases in the quantity of contract item of work when no change 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. (j) 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- n~nts of the City Engineer and Superintendent of Streets of the City of Bakersfield and shall conduct his operations in compliance therewith. (k) PERMITS AND LICF~ISES. 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. (1) MAINTAINING TRAFFIC, attention is directed to Sections 7-1.08, "Public Convenience," and 7-1,.09."Public Safety, 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 requren~nts set forth in the current "Manual of Traffic; Controls - Warning Signs, Lights, and Devices for Use in Perforrn~ance 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 Departr~nt inf orn~d 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. 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 act- 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 ~cember 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. 9 D3:41013®23 ~23- GG:wrn 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~ ~~iaintaining Traffic, and no additional payment will be made therefor. (m~ ORDER OF WORK. Order of work shall conform to the provisions in Section 5-l . 05, = "order of work., " of the Standard Specifications and these spe- dial provisions. All striping removal shall be con~leted a minimum of 2 days prior to signal being placed into operation. When initially installed,. a~.l 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 corncen~nt of the, traffic s g~~al functional.. tests, all. items of work related to-the signal control .shall. be completed and all signs shall be in place. (n) 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 seri-- ously delay the Contractor's completion of the work.. However, if such work. does result in extraordinary delay, the Contractor may seek relief from liquidated damages as set forth in the .fourth paragraph of Article 6 (e) of these- Special Provisions.. sill compensation fore cor~plying with the requirements of .this Article 13(m7 shall be considered as included in the prices paid for the various can- - tract items. of work and no additional: allowance will be made therefor. Y 4 D3s41013.24 -24- GG.wrn SDCTION 14. SPECIAL PROVISIONS Via) MAINTAINING ~FIC. Attention is directed to Sections 7-1.08, "Public Convenience," 7-1.09, Public- Safety," and 12, "Construction Area Traffic Control Devices," of the Standard Specifications and these special pro- visions.. Nothing in these special provisions shall be construed as relieving -the Contractor from his responsibility as provided in said Section 7-1.09. 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 shall be actively in progress only between the hour of 8:30 a.m, and 4:00 p.m., Monday through Friday. where construction operations are actively in progress, a minimum of one traffic lane, not .less than twelve feet in width, shall be open for use by public traffic.- There construction operations are not actively in progress, not less. .than two such lanes shall be open-for use by public-traffic. Public traffic may be permitted to use the shoulders and, if half-width construction methods are used, may also be permitted to use the side of the roadbed. opposite to the one under construction. No additional .co~ensation wi~,l be allowed .for any shap~.ng 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 a~•ea signs, lights, flares, temporary railing tType 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 moven~nt of public traffic through or around the work. when deemed, necessary by the City, the signs "Road Construction Ahead," No. C--18, and "End Construction, " No. C~-13, shall be furnished, installed-and maintained by the Contractor at locations as directed by .the Engineer at least 48 hours in advance of any construction. whenever traffic lanes are to be closed to public traffic, the Contractor shall close lanes as shown in the current Manual of Traffic Controls and as directed. by the Engineer. The first paragraph in section 12-2.02,."Flagging Costs," of the. Standard Specifications, is amended to read: The. cost of furnishing all fl"agmen, including transporting flagmen, to provide for passage of public traffic through the work under the pro- visions in Section 7-1.08, "Public Convenience," and 7-1.09, "Public Safety," will be borne by the Contractor. The costs of placing and moving flagging signs and the cost of providing stands or towers for use of f lagi~;n shall be considered as part of the cast of furnishing flagmen. D3:41013.25 ~ -25- GG:wrn The fourth paragraph in Section 12-3.04, "Portable Delineators," of the Standard Specifications is amended to read: A minimum of two reflective bands, each not less than 3 inches wide, shall be mounted. at least 1-1/2 inches apart and at a height on the post. so that one reflective band will be between 2,5 feet and 3 feet above the roadway surface. The second paragraph in Section 12-3.46, "Construction Area Signs," of the Standard Specifications, is amended to read: Construction area signs shall be installed as designated in the spe- cial provisions as directed by the Engineer. At locations where public traffic is being routed over a surface upon which a seal. coat is to be applied, the seal.coatshall not be applied. to more than one-half the width. of the traveled way at a time, and the remaining width shall be kept free of obstructions and. open. for use by public traffic until the seal coat first applied is ready for use by ,traffic.. At the direction of the Engineer, ar at Contractor's option, sand may be spread over newly applied seal coat surfaces, , 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 irr~mediately 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 constructionoperations are not acti- vely in progress. Designated legal holidays are: January lst, 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 hol~.day. 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 e~.~ dited, Said modifications or alterations shall not be adopted until approved in writing by the Engineer. D3:41013,26 ~ -26- GG:wrn I 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 traffic control as set forth herein. Full compensation for conforming to the requiren~nts 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. ~b~ EXISTING HIGH~]AY FACILITIES. The work perforn~d in connection with various existing facilities shall conform to the provisions in Section 15, "Existing Highway Facilities," of the Standard Specifications and these special provisions. Existing City highway signs and street markers shall rer~ain the prop- erty of the City of Bakersfield. such signs and street markers shall be relo-- cated 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 fr~n the project area shall be delivered to the v City Corporation Yard at 4101 Truxtun Avenue. Full compensation for conforming to the requiren~nts of the two pre- seeding paragraphs shall be considered as included in the prices paid for the various items of work and no additional allowance will be made therefor. r D3o410~.3.27 ~27® GG:wrn SECTION 15. SPECIAL PROVIS-IONS -TRAFFIC slGd~~LS AND STREET LIGHTING - (a) DESCRIPTION. Furnishing, installing and r~difying traffic sig- nals and hi hway lighting and payment therefor shall conform to the provisions g , in Section 86, "Signals and Lighting", of the Standard Specifications and these special provisions, Traffic signal work is to be performed at the following locations: Intersection of District Blvd, and Stine Road. (b-) REMOVING AND REPLACING IMPROVI~iENTS. Removing and replacing i rovements shall conform. to the provisions in Section 86-2.02, "Removing and ~ Replacing Improvements, of the Standard Spe,clfications and these speclai provisions... (e) FOUNDATIONS. Foundations shall conform to the provisions in Section 8G-2,03, "Foundations," of the Standard Specifications and these special prove s ~.ons . The. Contractor shall furnish. the anchor bolts, nuts and washers to be used for new foundations and. shall furnish the .appropriate nuts and rashers for existing foundations to be reused. . Portland cement concrete shall conform to Section 90-10, "Minor Concrete," of the Standard Specifications and shall contain not less than 470 unds of cement per cubic yard,.. except for pile foundations shall contain not less than 564 pounds of cement per cubic yard (d) eoLVDU~T, 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 StandardSpecifications and these special provisions. Recesses for suspension of ballasts will not be required. D3:41013,28 -28- GGpwrn (f) C4~?RS AND WIRINO. 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-conducto~• electrical. cables (Type IMSA 19~-1~ for all. circuits except between. the service switch and controller cabinet. Only multi-conductor cable conforming to the following shall be used: 5 Conductor cable consisting of 5 No. 14 conductors colored l each red, yellow, brown, white and black. 9 Conductor cable consisting of 1 No, 12 conductor colored white and 8 No. 14 conductors colored 1 each red, yellow, brown,.. black, red black stripe yellow black stripe,. brown black stripe and whte/~lack stripe.. 28 Conductor cable consisting of 1 No. 10 conductor colored white and 27 No. 14 conductors colored as indicated in the following conductor table-for a single rind operation, C4~~TD~JCT'~R TABLE. Insulation Colors signal. Phase Circuit or Function Base Stri 2 & 6 Red, Yellow, Brown Black vehicle 4 & 8 Red, Yellow, Brown Orange Signals 1 & 5 Red, Yellow, Brown Silver 3 & 7 ~ Red, Yellow, Brown Pu 1~e 2p & 6p Red,. Brown 2 Flack Pedestrian ~ 4p & 8p Red, Frown - 2 orange Signals lp & 5p Red, Brown 2 Silver 3 & 7 Red, Brown 2 le . 2p & 6p Blue. - Black Pedestrian 4p & 8p Blue Orange Push Buttons lp & 5p .Blue Silver 3 ~ & 7 Blue le Pedestrian Push Buttons ~'hite Black a Comn~n ~ Si al White None RaiTread .Pre-e lion Black Red S are Black None The cable sheath shall be polyethylene and the conductor insulation shal? be ~~pe T~1 polyvinyl chloride. - - Subparagraphs 1, 2, 4 and 5 of the first paragraph of Section 86-2.09D, "Splicing,." of the Standard specifications are deleted. D3:41013.29 ~29- GG:wrn 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." fig) BONDING AND GROUNDING. Bonding and grounding shall conform. t® 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,. . TESTING, Testing shall conform to the provisions in Suction 86-2,14, "Testing," of the Standard Specifications and these special provisions. j } SIGNAL FACES AND SIC~JAL H]~ADS . 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, "Vshicle Signal Faces," 86-4,02, "Directional Louvers," 86-4.03, "Baekplates" 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, ~k) PEDESTR:IAN SIQV~~IS, Pedestrian signals shall .conform to the provisions in Section 86-4,05, "Pedestrian Signal Fads.,° of the Standard. Specifications and these special.. provisions. Pedestrian signals shall be '~~rpe c, and shall have energy efficient heads equivalent to Indicator Controls Corporation Model. 4094, ~1)- LUMINAIRES.. Luminaires shall conform to the provisions in Section 86-6.01, "High Intensity°Discharge~Luin~.naires," 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 86-6.07, °'Photoelectric Controls", of the Standard Specifications and these special provisions, . Each.luminaire shall be provided with a '~~pe IV photoelectrical control,. D3s41013,30 ~30- ~ GGowrn e (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. Location and layout of detector loops shall be as directed by the Engineer. INSTALLATION DETAILS:. Installation and tests shall conform to the details and notes shown on the plans. Slots cut. in the paven~nt shall be blow 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 l/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 speclfled above, slots may be filled with either of the following. materials: 1d An elastomeric sealant conforming to the following: The sealant shall be a polyurethane material of a composition that will, within its stated shelf life, cure only in the pxosence of n~isture. Sealant shall be suitable for use in both asphalt concrete and Portland cen~nt concrete a The cured sealant shall have the following perf arm~ance- characteristicse Measurng.S andard Property. and Results - And: Conditions Hardness (indentation) - 65-85 ASTM D 2240 Res.'~~pe A, Model..1~00 77° F. (25° C.} 50~ relative. humidity, Tensile strength - 500 psi, min. ASTM D 412 Die C, pulled at 20 IPM. Elongation - 400, m~.nimum ASTM D 412 Die C, pulled at 20 IPM. Flex at - 40° F. - no cracks 25 mil Free Film Bend (180°~ over 1/2" Mandrel. Weathering Resistance -Slight. ASTM D 822 Weatherar~ter 350 Hrs. • Chalking Cured 7 days at 77° F. (25° C.~ 50~ relative humidity. D3®41013.31 -31- ~ GG.wrn ~ ' asphaltic Emulsion Inductive Loop Sealant 8040-41A_15 fi.0 NOTES 6.1 Directions for Use Saw cuts shall be blown clean with com r ' . p essed aZr to remove excess water and debris. The sealant must be thorou hi stirred bef and= hand oured int g y ore use p o the slots, Oue to the sand content of this mat er~al, pumping ~s not recommended. An Clean u of road or tools can be don- Y ~ surface e with water, before the sealant sets. 6.2 Patents The Contractor shall assume all costs arisin g from. the use of patented materials, equipment, devices,, or processes used on incorporated. in the work and or agrees to idemnify and save harmless the .State of Cal ~ forn ~ a and ~ is du l authori Zed re resen y ~ p at~ves, from all suits at law or action of ever nature for of the U , ~ y i ~r on aCCOUnt se of any patented mater~al5, equipment, devices or processes. ~.3 Certificate of Compliance The manufacturer sha 11 furnish a Cert i f i c ate of om . °C pllance with .each batch of seal ant, i n accordance w~ th the rove s~ on of of P Section 81.07 Cal~forn~a Department of Transportation Standard ' an Speclf~cat~ons, J uary 1981. . _4m e SECTION 16. SPECIAL PROVISIONS -SIGNS .STREET SIGNS. Street name sighs shall.confor~n to the provisions in Section 56-2~ "Roadside Signs," of the Standard Specifications and these Special Provisions.. Street name signs, sign panels and mast arm hangers will be furnished and and installed by the City. Miscellaneous. Roadside. Signs shall conform to City Standard TS--4. SECTION 17. SPECIAL PROVISIONS GUARANTEE FOR '~~AF'FIC SIGNAL AND STREET LIGHTING SYSTE~~S . e ~a} GUARANTEE. The Contractor shall furnish a written guarantee to the City on the form attached, guaranteeing: all systems, except traffic si al 0 ~ ~ lamps, installed under this contract for a period of one ~l~ year from the date of acceptance. of the work.- The guarantee, properly executed.,. shall bE fil+~d with. the City before notice of completion and. f inai acceptance is made b the Y City of the work descr~.bed on the plans and these special provisions. tb} PAXMENT. The lump sum prices paid for installation of traffic signal and street lighting systems shall include: full compensation for furnish- ing the guarantee as required in th~.s section D3 s 410]3.33 - ~33® GG ewrn SECTION 18. SPECIAt~ PR4VISICNS -Remove Traffic Stripes and Pavement Markings a } REMOVE T~~AF'FIC STRIPES AND PAVEMENT N~~NGS . Traffic stripes and pavement markings to ~ relived 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 surf ace or texture of the pavement or surf acing. 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 renwin~g traffic stripes and.ma~kings shall be removed as the work progresses. Acc~.unulatons of sand or other material.. which might interfere with drainage. or might constitute a hazard. to traffic will not.. be permitted. Traff is 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 rectangu ar area., rather than just lettering or`markings, so the old message cannot be identified.. .After. removal o~ traffic stripes ar~d pavement markings, a f og seal. coat shall be applied in conformance with the provisions in Section 37, "Bituminous seals," of the Standard Specifications and the followings In traffic stripe removal areas, the fog seal. coat shall be applied over the traffic stripe ren~val area and to irregular and varying widths w~,th an average .width of 2 f eet on each .side of the blast. cleaned traffic stripe removal area.. In pavement marking removal. areas, the fog seal coat shall. be applied to thee. blast cleaned rectangular area. Full compensation for furnishing and. applying fog seal coat. as speci- fied herein shall be considzred 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 pro~rided in Section 7-1.09, "Public Safety," of the Standard Specifications. . b } ORDER OF WORK . Order of work shall conf or~n to the provi ~ ions in - - Section 5-1.05, "Order of. Work," of the Standard Specifications and these spe- cial provisions. D3~41.013.34 -~34® GO:wrn tl 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 ~.ess than 4 inches wide spaced no more than l0 feet apart on curve nor more than 24 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. Pavement delineation removal shall be coordinated with ter~orary delin- eation so that lane lines are pravided~at all times on traveled ways open to public traffic.. ~ = c~ MI~ASUREMENT AND PAYMENT.. Quantities of traffic stripe removed. will be determined by the width of the stripe. plus. 0.67-foot. maultiplied by the. length of the stripe. The. space between double traffic stripes will be measured as . painted traffic stripe. Quantities of pavement markings removed will be deter- mined by the actual size of the rectangle n~asured in square feet.. Removing of traffic stripes will be paid for at the contract unit price per square foot for. the actual area... of authozized stripe removal, The ~oritract unit price per square foot shall ~ incline full co~~pensat-ion for furnishing all labor, materials, tools, equipment,. signs and for doing al,i work necessary for removing existing striping as shown. on plan and as directed by the Engineer. D3~41413.35 ®35- G~owrn ' d SECTION 19, ~ ) PARTICIPATION BY FOREIGN CONTRACTORS AND SUBC4N'I'RACTORS . The Department will not consider for award any bid proposals submitted by any Contractor, and will not consent to subletting any portions of the contract to any Subcontractor of a foreign country during any period in which such foreign country is listed by the United States Trade Representative as discriminating against U.S. firms in conducting procurerr~nt for public works projects. In addition, no product of any such listed country shall be permanently incorporated into the project. This special provision. applies to the participation of Contractors, Subcontractors and products of the-following countries which have been listed by the United States Trade Representatives JAPAN For the purpose of this Special Provision: r . 1. Any Contractor or Subcontractor who is a citizen or national of a foreign country or is controlled directly or indirectly by citizens. or nationals of a foreign country, shall. be considered. to be a Contractor or Subcontractor of such foreign country, The terms."Contractor" and "Subcontractor" also include any partner in a -joint venture.- 2. Any product, of which fifty percent ~ 50~) or more, of its. cost is attributable to production or manufacturing in a foreign country, shall be considered to b~ a product of such foreign country. D3.41~13 , 3~ ~36-~ ~ GG:wrn yr` ar r ~wis~ y~~ 4,~ ~ ~ . V . , ~ ~ STATE CF CALIFORi~IA ` ~;o - p .SO4o 41A 15 Asphaltic Emulsion Inductive Loop Sealant ~ .0 SCQP E This specification covers a one com anent ourabl ° • , P , p e sand f~11ed,. asphait°~c e~nuls~on for use in sealUng inductive wire log s and: lea p ds imbedded in asphalt and- portl and cement concrete. This seal ant i s suitable for use in freeze-tnaw environments. Z.0 APPLICA6U5 SPECIFICATIONS The following specifications, test m~etnods and starsdard . ° s ~n effect on the opening date of the Invitation t~ gid forma art of tnis s ec~f~cation P p where referenced: American Society for Testin and Materials D~Z9 9 39, 02523 California Test Metnod No. 434 ~ ~ California Department of Trans ortat i on Stn p a lord Specif~catlons 191 State of California Specification Sol`O-XXX-99 Inset' Otne • ° p c ion, Testing anal. r Requirements for Pratectlve Coatings . Code of Federal Regulations, Hazardous flat i ° er al s and Regulations hoard, Ref. 49CFR. 3®O REQUIREMENTS 3.1 COmpoS~tiOn The composition of the ~ 10o seal ant anal l r • p be a sand f'lled, ` pourable., water emuls~f3ed bitumen. It wail be the manufactur r . respons~b~llt to roduce a on - e s Y P e component product to meet the properties specified herein. 3 e2 Cnaracteri sti cs of the Seal ant 3..2.1 Residue by evaporation, weight per-cent ° Use ASTM 02 70 M ~ n ~ mur~ 939 3.2.2 Ash content, weight percent. Use ASTM 02939 50 to 65 I Asphaltic Emulsion Inductive hoop Seal ant ~ 8040-41A-15 3.2.3Firm set time, hours, 4 maximum test at one hour intervals, use ASTM D293S 3.2.4 8rookf i e 1 d viscosity, Poise 50 to 125 RVT Spindle ~3, lQ RPM at 75 +2oF. 3.3 Properties of the Oried Film 3.3.1 ~ Flexibility, ~ ~ No full de th p Use ASTM D2939, except azr dry specimens to constant weight cracks at 75 ±SoF and 50 +10~ relative hum~d~ty, Condition mandrel and speciments 2 hours. at 75 +2oF before test. Use aluminum panels, 0.4.3 inches thick (Q anal or a ual . P q 3.3.2 Tensile Strengths. psi, ~ minimum Zfl cast. sheets 0,25 inches thick and air, dry at 75 ~°54F, 50 +lfl~ relative humidity for minimum of 16 hours. Load. rate 0.05 inches/minute, use ASTfi~ D-2523. 3.3.3 Elongation, ~ 2.0 minimum same conditions as 3.3..2. use -ASTM 02523 3 e3.4 Sl apt-shear s rength to concrete, Ps i ~ ~ l5O min imum Use dal iforni a Test Method. ~o. 434, Part. v~ I I. Space damp with no lass blocks with 4.25 inches between s 1: ant. faces, seal si deg of adhesion to and bottom with to a and fill with the well stirs p ed concrete. sar~ple, strike off the excess. Dry in 14QaF oven to constant weight: and condition 1 day at ~5 + 2~F bef-ore: testin . load rate to be 5000 labs/minute. 9 3.3.5 Resi starsce to watEr No bl i ste~°i ng, Use ASTM D2939, Al terr~ative 6 re~e~nul:sif ication orlosof adhesion 3.4 Workmanship ~ . 3..4.1 The sealant shall be properly dispersed and any settlin shall be o a o o 9 easily redlspersed with m~n~mum resistance to the szaewlse manual motion of a paddle across the. bottom of the container. It shahl form a smooth uni form 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. m~- 0 Asphaitic Emuision Inductive Loop Seaiant 8040-41A~i5 3.4.2 The sealant shaii retain ail specified ro erties and r . p P e normai .storage cond~t~ons for l2 months after acceptance and deliver. vendor shall be res onsibi y0 The ° p e for ali costs and transportation char es incurred ~n repiac~ng mater'al that is unfi 9 t for use. The properties of any replacement material, as -specified in Para rah 3, remain 9 Q 4, shai l sat z sf actory for 12 months from date of acre lance and deliver . P y s.4.3 The sealant shall comply with ail air ollu . ° p t~vn control rules and regulations wlth~n the State of California. i~ effect at th ° sea) ant i s manuf a t~~►e the. actured. ~.4 QUALITY ASSURANCE PROVISIONS 4.,1 Inspection This material shall bey inspec~.te~ anal tested 1n acs ' of aiif ° ° ordance with State C orn~a Spec~f~cat~on 8OlOoXXX-g9, or as otherwise d eemed necessary.. . - 4 e2 Sampi~i ng and Testi n 9 . Uni ess ctherwi se ermi teed. b tt~e p y Eng~ veer, the materi al s#~al l be sampled at t#~e place of manufacture and a iication will ermtt d PA not be p e until the material has been-approved b the En ineer~ ti y g 5.0~ RREPARATION FOR DELIVERY 5.l Paclcagzng The sealant shall be re aced in a n . p ° P o e pacfc age system ready for appljcat~on. The ~nater~ai shall be furnished in coat i spec; f i ed i n the. urch a Her s~ 2~ as ° R ase order or contract..,. Lf ordered in 5 gallon s'ze the containers shall be new, round, standard full o en bails shads b p head with e nonreact~ve_w~th the contents, and shall have . compatible gaskets. The containers.shall . comp y with the U.S. Department of Transportation or the Interstate Comm ' erce Comr~~ ss ~ on regulations.,. as applicable. 5 m 2 .Marls i~ng ~ . All containers of material shall be labeled showin Sta.. g to specification number, manufacturers name d manufa ate of manufacture and cturer°s batch number. The manufacturer shall be res onsibl f ° ° ° p e or proper sh~pp~ng labels as outi~ned ~n Code of Federa] Regulations, Hazardous M Re ulations Soard ateriais and 9 ,Reference 49CFR. ° ©3® e PROPOSAL ' FOR TJ~A►FFIC SIGNAL. SYSTEM rON DISTRICT BLED. AT STINE ROAD To the City Clerk . of the City of Bakersfield: y 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 ex~~mined the... location~of the proposed w©rk, the annexed pro- posed form of contract and the plans therein referred for and he proposes and- agrees if this proposal is accepted, that he will contract with the City of Bakersf e1d, in:, the .prescribed farm of }contract hereto annexed, to provide. all. necessary machinery, tools, apparatus and other mans of construction.. and to do all the.. work. and furnish all the materials in accordance. with the plans and spe- cf ications for the above,. filed in the office- of the Finance. Director. of the _ City of Bakersfield and. as specified iri the contract f ~.n 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. payi~nt therefor the .unit prices. or lump surr~ set forth in the follo~ing schedules ~ . G . A J In case of a discrepancy bet~ieen words and figures, the words shall prevail; ,and incase of discrepancies between unit. prices and totals,~the unit prices shall: prevail. ~ _ The undersigned farther agrees that ;~in case of default in e:~ecutng the required contract, with necessary bonds, within ten Q10} days, not including .Sunday, of-ter having received notice that the contract is ready. for signature, .-the proceeds of~the:.check or bid bond accompanying his bide shall. become the pro-~ t petty of ~.e City of. Bakersfield. . Bidden acknowledges receipt of the following addendum:. Base Bid . ITF~i APPROX.: ITEM wITH LUMP -SUM PRICE UrdIT. NO, ~QUANTI'I'Y WRITTEN IN .WARDS PRICE: TOTAL . I Lum~a Sum _Ins_ ta13. traffic s i al and li htin s~stem Lump Sum 2 1225 Remove Pavement. markin s S.F. SIC~IEB . Bidder Page 1 of 1 DJ:41UIJ *S/ PROPOSAL FOR TRAFFIC-SIGNAL SYSTEM ON DISTRICT BLVD. AT 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- . ~osal 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 oontraet hereto annexed, to provide all .necessary machinery, tools, apparatus. and .other. jeans of construction and to do all the work and furnish all the materials in accordance-with the Mans and spe- cf cations for the above,- filed in the- office of the Finance Director of the. City of Bak©rsf field and as specified iri 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 fu l payr~n~ therefor the_ unit, prices or lump surr~ 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 r prices shall prevail. The undersigned further agrees that in case of default. in executing the required contract, with. necessary bonds, within.-ten ~l0`) days,. not including Sunday, after having received notice that. the contract is ready for signature-, the proceeds of the check or bid bond accompanying his bid shall.. become the pro- z. perty of the City of Bakersfield. Bidder acknowledges- receipt of the following addendum: g Base Bld I~ APPRO. ITE~~I WITH i~.IMP SUM PRICE UNIT. N0. QUANTITY WRIT:I'EN IN ~W~RDS PRICE TOTAL 1 Lump Sum Install traffic si al and . liter hti~..~~tem Lump Sum 2 1225: Remove Paven~nt markings v` S.F. SIC~IED TD~AL Bidder Page 1 of 1 D3:41013.37 SUBCONTRACTORS AND MATERIAL SUPPLIERS T~~AF'FZC SIGNAL. SYSTEM ON DISTRICT BLVD, AT STINE ROAD All subcontractors and suppliers of materials shown below shall be . listed as a condition of bid. If the Contractor lists himself -for any of these, he may not subcontract or use a different supplier without specific written approval of the Engineer. SUBCONTRACTORS Trenching Repaving Concrete Structures- ~ r MATERIAL SUPPLIERS 4. Pipe A.C. Base Manhole Frames & Covers _ D3e41.013,38 ~i~~~~i~ ~ ~ro ~~~o~ Not neces~ary if cash or cert#ied deck is with bid) KN~1V AIL MEN BY THESE PRESENTS That we as principal4 and . as surety, . .are held and, firmly bound unto t~e City of l3alcersf field, a body politic and. corporate of .the. State of California, in the sum of dollaz~ to be paid to said City, for wltieh paynnent, well and truly to be made; we bird ourselves, our heirs, executoTS and administrators, successors or assigns, jointly and severally by these :presents. THE C~NI)ITION GF THIS ~BLICATION IS SUC~i -That i~ the certain proposal, hereunto annexed e to construct certain work and nciprovements i the City o~ I~akersfield as referred to in the Notice t® Contractors attached hereto, is accepted . by the Council of said City and if the above bounden principalq heirso exetutors;° adrz~inistrators, suc~ 4 . ceasors and ~ssi~ns, shall duly enter into and execute a contract, to construct sa%d ia~nprovenzer~ts aforernentionedo and shall execute ~ and deliver the two bonds required by law, within. ten days (not Encludin~ Sup-day) from the date of a notice to the above ~ounden principal, tat said contract is ready for e~cecuton, then this obligation shall become null and void, otherwise it shall be and reircan in full` f®ree and effect. . IN ~1'I~°NESS ~HERE~F, we have--hereunto sit our hands and seals ths`s day . (Seal ("cal, o......~~..~.....~ (Sal } (Seal} Y tScal) e : ~ c~CCOilljluiil'ii~~ { j~ J t, p ro:Pos a 1 ♦ ~•.e.eO.eeo.oa...eae..e..e0eeee0oO.0ee►ROOOO.eO.e00e.oe...e.eo.eea.1••••e~q e OT I C;~; : I rl~et•t t ila.• ~ti•orcl~ "ca13h (~e......e.°............) t~f ~scasliier's cheek:,►, ttcertl• f ec~ cllec~e,'' or "l~irlrirr's bc~ctcl," #Iie caac~ trla~• ~e~, 1n amount e~~ual to at Ienst tr:~i~ I1c~ieCt.~nt o~ tllt.' total of tI1~► tii~1. • Tlrc ili~ilf~•S of uII I,rrson~ icltel•t~ste~I iil the fore~caiv~ rro ~oaal ~~s riB• l I P eipals are a8 follows ° . ~ ~;~1 ~4~~CrI1f T If bidder vie other in.teresied person is a cor- ~o~~e ~ . . porat~on, state level Warne of corporation, also names of the pre5~dent, Secretary, treasurer• and manager thereof ° ~ a 9 copartners ip, sca~ie true name of fir„ ,also names of all Individual co~art- ners composing firrn, i~ bidder or other interested ersoc~ is an indi~i 1~ duai, state first and last names in full. •eeoeoee. aeeo..e.e..••..e•ee.ee.e.•.•ee.•e..e.....ee...ee•.e..►ee eeea.•a...•.•a.e..e.ee...e...~ee...ete •Olee.ee..ele •ee.eoeeeeee e~.ee , . s. o. ..e..••e•.•.•••••...ee.•e•••e.•ee•e.•••.••.e•••e.•a...ee..••.o•.e.•ee.•.•e.eeer..e...e erooee •.ee..~e e...ee.eesee.ee ..ee...a•e.ee.••..eeo.e•••..•eee....e.e..e•••e.•ae.e••.e.a.e.ee.e..•...c.•e.e.eeoee.e... oeeeeoe.eeee eee•ee eeeeeee.e.ee •1ee••e.ee eee. •eeeee •..e.e.••e o.ae. •e.a.er...e•e..e.•.•e....•e.~.•a.e....•...e.e.oe.eo.eee...o•ea e...e.e oe e...oe.••e •eea ere. •.e..~. e..e.eee.e Licensed in accordance with- an act rovidin for the • ' • P ~ t e~istraticn of Contractor's License ~v............ a... a•. •e•..•eee•e.e e. eeeeeeee e.•.a eee• l~ C .e••••. •••.•.•ee.eoe•.••ee..e.e.~.•e.a. eeeeee.e e9eee o.e.. e•.e.ee ~leee • •eeei •e.•eee..e♦ . V •e.••.ee.•.••••e.•.e.e...e.e•e.e••.e..o..ieo..ee•.eee.eeeee.e...eeee.e..e oe.e o.e.ee e.'e. •..•e..~ee HERE . •......•o. e•e•. a.. •e•. eeeee.~...oeee.•.•eos•.oaeoeeeeoe•oeoe..e.eeeee•ooae •►o.er. •ee...ee e.oeee . signature of Bidder e NOTE~tt Diddtr tt o toepotottoa, the t..gar aam• od t!1• got pgrattoa ~har8 boo tN tottb a.Do~e toget4et ~tttt tDo atQcctttate of tht ottttct or 6ttt6tP8 OUIhOBial~ t~ ~tSn eoattaet~ oo h~t:ctt wt Ib~ corpetat~od: t! bidder a tapattoer~~ipe the trv• narn+ at the lttrtt tgetl8 is~ yet forth ntte+►~ IOq.ethet rt911 the Ytgaotttte of the putto~r ct pcattarre avtbotttrd 40 alga ~at3t[tlC1~ Ip b~4att of ter eopartaet~bipa and Ir blctdet I~ as Iadt•iCuate hts ~~goetute ~hatt Os plvetd aDo~e° tt ~~gacture U DY as ograt° athee rhea an ortitet of o to~pott~ttoo or o ntecr~,9eT at o petlo~eeAip° a P4MtP of rittoreoY cnu~t he on rite M►itd rise City Clerlt at Itaa Clty et ltefcerittetd pt~ot tQ opealaq btdw of tuAmitt~d wttb tAt Dt4: otbrrwte+, lDe btd ~Llr D+ d1~t.gQtdsd a~ ttt.qutQr and voouthotti.de usu~ess addresse......••e..••.o....e•oo•eee...••..•••..:e.eeeoe..oos.e.e.o•b..ao.e..e.oe.•oeeoeee.ee.o•ea..eeo.0.e ° . . Place of residenc?......eeo.o•a.....•oe..o...ee.•.oee...os.a.o..oe0e.o.oovooeeo.....sooeoroeoeeo..ooeoe• Dated oses.e.•.e••...eo•o °eo e.e..oe..ae. eeoo. e. eea e.e. se ee e. oa.oeo oeooo•ee o8 Aad ooo.oooeoee I [To be completed by the Contractor, if he elects to substitute securities in lieu of retent 1on1. . ~ ESCROW AGREEi~E1~T FOR SECURITY DEPOSITS IN LIEU OF RETEI~ITION THIS ESC~T AGREEMENT is made and entered into by and between whose address is , hereinafter called "Owner", r whose address is . hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent". For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as ..follows: 1. Pursuant o Section 4590 of Chapter 13 of Division 5 of Title 1 of the Gover~nt 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 O~vner pursuant to the Construction Contract entered into between the Owner and Contractor for Traffic Si al S stem on District Y Blvd. at Stine Road, in the amount of dated thereinafter referred to as the "Contract"). When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent. shall notify the Ownelr within ten ~l0) da s y of the deposit. -The market value of the securities at the tune of the substitution shall beat least equal to the cash .amount then re fired 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. 2e The Owner shall m~~ke progress payments to the Contractor for such funds which otherwise would be withheld from progress payments oursuant to the .Contract provisions, provided that the Escrow Agent hold securities in the form and amount specified above. 3. Alternatively, the Owner may make payrr~nts directly to Escrow Agent in the amount of retention for the- benefit of the Owner until such tires as the escrow created hereunder is terminated. 1 A-EAFSD.l D3:41013.39 4. Contractor shall be rzsponsible for paying all fees for the expenses incurred by Escrow Agent in administering the escrow account. These expenses and payn~nt terms shall be determined by the Contractor and Escrow Agent, ~ 5. The. interest. earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the owner. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor, 7, The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven ~ 7 ~ days' written. notice to the:. Escrow Agent from the Owner of the default, ,the Escrow Agent shall immediately convert the securities t®-cash and shall distribute the cash as instructed by the Owner. r Upon .receipt of written: motif ication ,from the Owner certifying that the Contract. is final and complete, and that the Contractor has co~lied . with all.requiren~nts 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 mn~diately open disbursement of all moneys-and securities on deposit and payments of feet and charges.. 9. .Escrow Agent shall rely on the written notifications from the Owner and. the. Contractor pursuant. to Sections ~4) to (6), inclusive, of this agreerr~nt and the owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as seta- forth above . - IO, The names of -the persons who are authorized to give written not.-ice: or to receive written notice ora behalf of the Owner and. on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures, are. as follows: Ora .behalf of Owner: ~ On behalf of Contractor: Title Title Nance Name Signature ~ Signature Address ~ Address 2 D3:41013,40 an behalf of Escro~ Agent: _ . ,...Title Nang S ignature Address At the time the Escro~ Account is opened, the ~r 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. owrler° Contractor Title. ~ Title Name Name Signature ~Sgnafure ~e 3 A-EAFSD.3 D3:41013.41 sAMPLE SAMPLE .r........ CONTRACT No. - DESCRIPTION OF ARK TO BE PERFOR~~IED -CITY OF BAKERSFIELD TBIS AGREEMENT,. made and entered into this day of 1988, by and between the CITY OF BAT~ERSFIELD, a municipal corporation, . hereinafter called "City, " and. ,hereinafter called "Contractor" ; - _ WITNESSETH~ ~EI~~AS, City has duly advertised far sealed proposals for r - -within the City of BaKersf e_ld. On the day of , 1988, the contract was awarded to Contractor upon .his properly executed bd,• 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 ~ wi hn the City of Bakersfield. ARTICLE II The following.. shall be deemed to be part of_-this contract. as if fully set forth herein 1. Information to Bidders 2. Special Provisions 3. Bid Proposal 4. Bidder's Bond 5. Performance Bond • 6. Material and Labor Bond 7. Letters of transmittal, if any 8. All provisions. required by law to be inserted in this contract whether actually inserted or not. -°1-~ CoN'1'RACTl IN WITNESS WHEREOF, the parties hereto have caused this Agreen~nt to be zxecuted, the day and year first-above written. CITY of B~'~KERSFIELD _ By Mayor ~PPRO~IED AS To FOCI: By City Attorney ~ C~RSIC~IED: Hy Finance Director. (N~?~ME OF ~ON'I'PAC'i'4~) - By - - Contractor os ®2® CC~1'~RACT2 GUARANTEEI - GUARANTEE. - T4~AFFIC SIGNAL EC~UTPMENT CITY of BAKERSFIELD Department of Public Works 1501 Truxtun Avenue - ~akersf field, California In accordance with the terms of Contract No. ,for the Projecto Traffic Si nal S stem on District Blvd. at Stine Road , awarded on ~ ,between. the City of Bakersf field ~hereinaf ter ref erred to as the- City } , and the undersigned, which contract provides for the installation of li htin and/or traffic si al stem ,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 equipn~nt installed pursuant to said contract, except lighting elements, prove defective or should the system,as awhole prove defective, due to faulty workmanship, material furnished, or method of install~- tion, or should said system or any part thereof fail to operate properly, as planned, due to any of the above causes, alI within ~l} 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 equiprr~rit or materials replaced, or, upon demand by the pity, to replace any such equipment and repair said systems con~letely without cost to the City, so that they will operate successfully as orignal~.y contemplated.. r The City shall .have the option to make any needed repairs or replace- meats 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. Tn the event the City elects to have: said work perfornled by the undersigned, the undersigned agrees that the repairs shall con~nence to be made and such materials as are nec- essary 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 guar- antes 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 Date Address D3sG4101~ ° J