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Home My WebLink About1988 Special Provisions Project Pacheco RdCOPY N0. ~ CITY OF BAKERSFIELD :r~,~ _ CALIFORNIA SPECIFICATIONS INFORMATION TO BIDDERS SPECIAL PROVISIONS BID -PROPOSAL . FOR ':.f: -\~AV\•\A^V\'\AAy\•\AAy\•\PV\\~Ay\`\A^v\• ,A\^y\- -\A^y\• .\AA\Y•\Awy\•\~^\v\~^v\• -\~AY\• .`A^\v ,\~^v\• ,\~^v\•\Py\ ~ ~ \AA^^\YY•• ,\AA^^\\vv\~M,v\AA\V- -n\RV\•\AA\Y•\AwV\- •\A^\Y- -yA\v\•\~A\w• •\~Ay\• -y\\v~• -\~^\V• .A\^v\•\~wv\•\P\w ,\Aw\V•\Pv\\AA\y\AA1\j• -\A^\y- 6 -A\My\•\A^v\•A\wV\`,~A^V\•\AA\y V ~ ~ Y V V Y Y, V Y ~ Y ~ ~ "V Y V Y ~ V ~ V V V ~ V Y~.M~~. MYVYY~Y~V ~~~V ~~VV VVVV~VYVV~V ~VY~VV~VV~ ~ ~J~ _ Traffic Signal. System on_ Hughes Lane at Pacheco Road BID OPENING DATE: ~ May 26, 1988 ~ 5~~~§~~§~~~~~~~~~5~~~~~~~~~~~~~~5~~~~~~~~§~~§~~~~~~~~~~~~~~~~~~~~~~~~ . DEPARTMENT OF PUBLIC T~IORKS CITY OF ~RSFIELD, CALIFORNIA 1501 TRUXTUN AVENUE B~~KERSFIELD, CALIFORNIA 93301 D1 Ht~ . PA GG : wrn CITY OF B~~KERSFIELD DEPARTMENT OF PUBLIC ~10RKS J NOTICE TO CONTACTORS 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 Ma 26, 1988 to be publicly opened and read immediately thereafter, for the following work:. Traffic Signal System on Hughes Lane at Pacheco Road. Plans and specifications, and forms of proposal, bonds., and contract., may be obtained at the office of the Purchasing Officer by posting. a refundable deposit- of zero ~ $ 0 )for .each complete set. Refund of deposit will. be made provided the plans andspecfications 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 b the Purchasing Officer, which appears herein immediately fol~.awing the sped- Y . f icatl.ons of the project, and is made in accordance with the- provisions set . forth under Section 2, "Proposal Requirements and Condi ions" of the .Standard Specifications of the Department of Transportation, Business & Transportation ..Agency., State of California, under date: of July, 1984. Each bid must be accom- panied by a proposal guarantee in accordance with the requirements of article 2--1.07 of` the said Section 2 of the Standard. Specifications. The. City of Bakersfield reserves the right to reject any or all birds. . Bids are required on the:.entre 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~ntere t 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 o 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. Thee Contractor mast possess a.:valid:Class.A or aClass 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. D1 HU.PA.1 1 GG:wrn PROGRESS OF THE TURK AND TIME FOR COMPLETION. Attention is directed to the. provisions of .Section 8, 8-1.03, "Beginning of Work," Article 8-1.06 "Time. of Completion" and Article 8-1.07, "Liquidated Damages," of the Standard Specifications, and is specifically hereby made a part of theses vial provisions. The first paragraph of Section 8-1.03, "Beginning of Work," of the Standard Specifications, is amended to read: The Contractor shall begin work within fifteen ~l5) 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 commence-from the date the Contractor begins work or the 15th calendar day from the date of the written notice to proceed, whichever comes f inst. The Contractor shall furnish. the Engineer with a statement from the vendor that the order for the electrical materials required for this . contract has been received and accepted by sand 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. i No work shall begin onthe project until all components neces a rY for opera ion 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 engineering: and inspection for any portion of the ...delay in completion of the work caused by manufacturing time, The- number of days extension shall be the working days between the date as determined according to Special Provisions Section 4-1.01 and the date of recei t of p all components as determined by the Engineer. Upon recei t of all p components, the Contractor.: shall notify the Engineer in writing and. the Engineer wild. order start of work in writing. Full compensation for conforming to the requirements of above ara a h p p shall be considered as included in the prices paid for the variousitems of work and no additional allowance will be made therefor.. ,y Dl HU,PA.2 -2~- GG:wrn CITY OF BAKERSFIELD, CALIFORNIA DEPARTMENT OF PUBLIC WQRKS SECTIQN 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 i~ay 26, 1988 sealed proposals for Traffic Signal System on Hughes Lane at Pacheco Road (b) PROPOSAL FORM. All proposals must be made upon blank forms to be obtained from the Purchasing Officer, the form of which appears herein in~ned- ately following these. specifications. All proposals must give the prices pro- posed, both in writing and figures, and must be signed by the bidder, with his address. If the. proposal is made by an individual, his name and pos office address must be shown, If made b~ a firm or partnership, the name and post office addres of each member of the firm or .partnership must be shown. If made by a corporation, the proposal must show the names of the state under the laws of which the corporation was chartered and the names, titles,. and busi- Hess-addresses of the president, secretary and treasurer. (c) BIDDER'S GUARANTEE. All bids shall be presented under sealed coyer 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-- f led check or-bid bond is enclosed therewith. (d) RETURN OF BIDDER'S GUARANTIES. Within ten (10} days after the award, of-the contract, the City of Bakersffield will return the proposal .guaranties accompanying such of the proposals... as are not to be considered in making the award. All other proposal guaranties will~be held until the con- tract has been finally executed, of ter which they wi 11 be ..returned to the respective bidders whose proposals they accompany.. (e) CONTRACT BONDS. The-..contractor-shall furnish two good and suffi- cent 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 C hundred percent (100) of the contract price. The other of the said bonds shall be in an amount of fifty percent (50 0) of the contract price and shall be furnished as required by the terms of an act entitled: "An .act to secure the paymant of the claims-of persons employed by contractors upon public. works, and the claims of persons who furnish materials, supplies, teams, implements:, or machinery used or consumed by such..contractors in the performance of such works, and prescribing the duties of certain public officers with respect thereto," approved May 10, 1919, as .amended. Forms of bonds required may be obtained at the- office of the City. Attorney. D1 HU.PA.3 3 GG:wrn ~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- tes-have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that origi- d Wally 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 PROP4SAI.S CONTAINING ALTERATIONS, ERASURES OR IRREGULARITIES. Proposals may be rejected if they show any alterations of -form, additions not called for, conditional or alternative bids, incomplete-bids, era- sures or irregularities of any kind.. Proposals in .which the prices. obviously are unbalanced may be rejected. The right is reserved to reject any and all proposals. fig) AWARD OF CONTRACT. The award of the contract, if it be awarded, will be made to the lowest resonsible 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 open~.ng of the proposals unless extension is approved by the lowest _ responsible -bidden. ~h) EXECUTI~1 OF CON'T'RACT. The contract shall be signed by the 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 into- in the City of Bakersfield, California. Failure to execute a contract and file acceptable bonds as provided herein within ten ~10~ days, .note including .Sundays, after the bidder has .received notice that the contract has been .awarded., shall be ju t cause for: the cancellation of the award and the forfeiture of the proposal guaranty. E~~AMINI~TIONS OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF ARK. The bidder is required to examine carefully the site. of , the proposal., plans and specifications, and contract forms for the work contemplated, and it will be assumed 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 C contract. It is mutually agreed that the submission of a; proposal shall. be considered prima facie evidence that the. bidder has made such examination. Dl HU.PA.4 -4- GG:wrn SECTION 2. SCOPE OF WORK (a) WORK TO BE DONE. The work to be done consists of furnishing all labor, materials, methods and proce see, implements, tools and machinery, except as otherwise specified, which are necessary and required to construct the pro- posed improvements, as designated in the contract. (b) ALTERATIONS. By mutual consent in writing of the parties signa- tory to the contract, alterations or deviation, increases or decreases,, add- tions or onti.ssions, in the plans and specifications, may be made .and the. sane shall in no way affect or make void the contract. The City of Bakersfield reserves the right to increase or decrease the quantity of any item or portion of the work, or to omit portions of-.the work as may be deemed necessary or expedient by the Engineer. (c) EXTRA ARK, New and~~nforeseen 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 aspre- viously agreed upon in writing, or he shall ~e,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- structon of the street or road, if and as required by the Engineer. The contractor shall ren~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 obstructions to the prosecution. of the contract, unless otherwise specified, shall be considered as included in the various items of con Tact work and no additional compensation `will be allowed therefor. (e) FINAL.CL~~ANING UP, Upon completion and before making application fore acceptance of the work, the contractor shall :clean the street or road, bor- row pits, and all ground occupied by him in connection with the work, of all rubbish, excess materials, temporary structures,-and equipment; and all parts of -the work shall be left in a neat and presentable condition, Dl HU.PA.5 -5- GG:wrn SECTION 3. CONTROL OF THE ARK (a~ AUTHORITY OF THE ENGINEER. Tho engineer shall decide an and all - questions which ma arise as to the y y quality or acceptability of materials fur- nished and work performed, and as to the manner of erformance and rate of Tess of thew ~ ~ p pro- p ork, all questions which arise as to the interpretation of the plans and specifications; all questions as to the acce table fulfillment of p the contract on the part of the contractor; and all questions as to claims and compensation. . The Engineer's decision shall be final and he shall have executive authority to enforce and make effective such decisions and orders as - the con tractor fails to carry out promptly.. (b) PLANS. All authorized alterations affectin the r ' g equirements and information given on the approved-plans shall be In writin . No than es shall g g be made of any plan or drawing after the same has been approved b the En veer exce t b direction of the En i y g ~ p y g Weer. Working drawings or plans for an structure not included in furn y the plans .shed by the Engineer shall be approved by the Engineer .before an .work involvin these lans shall be ~ •y • g p performed, unless approval is waived In writing by the Engineer, It is mutually agreed, however, that the a royal b the En ' pA y glneer of the contractor s working plan does not relieve the contractor of an res onsibilit y p y for accuracy of dimensions and details, and that the contradtor shall be re - spon Bible for agreement and conformity of his working plans -with the a roved lan pp p s and specifications. (c~ CONFORMITY-WITH PLANS AND ALLQf~BLE DEVIATION., Fini shed surfaces in all cases shall conform with the .lines, grades, cross-sections, and dimen-- signs shown on the approved plans. Deviations from the a pproved plans, as may be required by the exigencies of construction will be determined in all cases by the-Engineer and authorized in writing. (d) COORDINATION OF PLANS, SPECIFICATIONS AND SPE I Th ~ CAL PROVLSIONS. ese specifications,-.the plans, special provislons, and all supplen~nta docu- msnts are essential arts of the c p ontract, and a requiren~nt occurring in one is a binding as though occuring in all. They are intended to be cooperative, to describe, and to provide fovea complete work. .Plans shall govern over s cifi- cations,• s cial rovisions shall v ~ ~ ~ go ern over both specifications-and ,plans. City specifications sha l govern over State Standard Specifications. (e) INTERPRETATION OF PLANS AND. SPECIFICATIONS.. Should i t appear that the work to be done, or any matter relative thereto, is not suffcientl detailed or explained in theses cificati ~ y pe ons, plans, and the special provision, the contractor shall apply t~ the Engineer for such further explanations as may be necessary,, and shall conform to such explanation or rote retation as art of the contract so fa ~ p ► r as mar be consistent with the intent of the origi- nil specifications. In the Lvent of doubt or uestion relative t q o the true n~aning of the specifications, reference shall be made to the Cit Council whose decision thereon shall be f' Y ~ lnal. Dl HU.PA.6 -6- GG:wrn In the event of any discrepancy between any drawings and the figures . written thereon, the figures shall be taken as correct. - (f} .SUPERINTENDENCE. ~~~henever the contractor is not present on any - part of the work where it may be desired to give direction, orders will be given by the Engineer in writing, and shall be received and obeyed by the super- intendent or foreman in charge of the particular work in reference to which orders are given. (g} LINES AND GRADES. All distances and measurements are given and will be made in a horizontal plane. Grades are given from the top of stakes or nails, unless otherwise noted on the plans. Three consecutive points shown on the same rate of slope rn~ust be used in common, 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 the. Engineer, the contractor shall be responsible for any error in the finished work. The contractor shall give at least 24 hours notice in writing when he will require .the services of the Engineer for laying out any portion of the work. The contractor shall furnish the Engineer such facilities and labor, nec- essary for making and maintaining porots 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 measuren~nts of the,work in their proper places. until authorized to remove them by the Engineer. All expenses incurred in replacing stakes that have been removed without proper. authority shall be paid by the-contractor. (h} INSPECTION. The Engineer shall at all times have access to the work during construction, and shall be furnished with every reaeonable facility for discertaining full knowledge respecting the progress, workmanship, and char- acter of materials used and. employed in the work. ti~henever the contractor varies the. period during which work is careed 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 fu fill the contract as prescribed. Defective work shall be made good, and unsuitable materials may be .rejected., notwithstanding the fact that such..-defectvework and unsuitable materials have been previously .over- looked by the Engineer and accepted or estimated for payment. Projects financed in whole or in part, with State funds shall be sub- ject to inspection at all times by the Director of Public Works, or his agents. (i } REP~IOV~1L OF DEFECTIVE AND UNAUTHORIZED Ir~RK. All work which is defective in its construction or deficient in any of the requirements of these specifications shall be remedied, or removed and replaced by the contractor in an acceptable manner, and no compensation will be allowed for such correction. Dl HU.PA.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 wi13. 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 mpnies 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 perforated, the Engineer w-ill 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 b~ the Engneer.- All tests-of materials furnished by the contractor shall be made in accordance with comn~nly recognized standards of national organzations, and such special methods and tests as are prescribed in the specifications. The contractor shall furnish such-samples of materials as are requested by the Engineer, without charge. No material shall be used until it has been approved by the-.Engineer.. Samples w l be secured and tested whenever necessary to determine the quality. of material. (b~ DEFECTIVE. MATERIALS. All materials not conforming to the requirements of these specifications shall be considered as defective, and all such material ,whether in place:.-or nit, shall be rejected and shall be removed immediately from the site of the. work... unless otherwise permitted by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used.-until approved in writing by the Engineer. .Upon failure on the part of the contractor to comply with any order of the Engineer made under the provisions of this article, the Engineer shall have ..author.ity to remove and replace defective material and to deduc the cost of removal and replacement from any monies due or to become due the contractor.. Dl HtJ. PA.B -8- GG:wrn 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 ~nicipal 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. fib) HOURS OF LABOR. The contractor shall forfeit, as penalty to the City of Bakersfield, Ten Dollars ~ $10.00) for each laborer, workman,, or n~chanic employed in the execution of the contract by-him, or by any subcontractor under him, upon any of the work hereinbefore n~ntTOned, 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 Sect-ion 1815, inclusive, of the Labor Code. Vic) The contractor shall comply with Section 6705 of the Labor Code which provides that the contractor's responsibility shall be as follows: If the contract price for .the project includes an expenditure in .excess of twenty-five thousand .dollars..{$25,040) for excavation of any trench or trenches f-five feet or more in depth, the contractor or his. subcontractor shall not begin any trench: excavation unless a detailed plan, showing the design of shoring.,.-bracing, sloping or other provisions to be made. for worker protection during the excavation of the trench, has been submitted by the contractor to the Ci y Engineer and the detailed plans has been .approved by the.. City Engineer. If'such plan varies. from the shoring system. standards established by the Construction Safety orders of the Division. of Industrial Safety,. the plan shall be prepared by a registered cvi or structural engineer. Nothing in this section shall be deemsd to allow the useof a shoring, sloping, or protective system less effective than that required by the Construction Safety orders of the Division of Industrial Safety. Nothing in this section shall be construed to impose tort liability on the awarding body or any of its: employees. The terms "public works" and "awarding body", as used in ..this section; shall: have the sang meaning as in Labor Code Sections 1720 and 1722 respectively. D1 HU.PA.9 -9- GG:wrn (d) EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this contract the- Contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employn~nt because of race,- creed, color, sex, or national origin. The Contractor will take affirma- tive 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; recruitr~ent or recruitment advertising; layoff, or ter- urination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contactor agrees to post in conspicuous-places, available to employees and applicants for employn~nt, notices to be provided setting forth the provisions of this non- discrimination clause. (2) The Contractor will,- in all solicitations or advertisements .for employees placed by or on behalf of the Contractor, state that all qualified. applicants will receive considers- tion for employment without regard to race, creed, color, sex, or .national origin. (37 The Contractor will send to .each labor union or representa-- tive of workers with which he has a collective barga-fining agreement or other contract or enders andinq, a notice to be provided advising the .labor .union or workers' represen- tatfive of the Contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965 and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will. comply with all prowiszons of Executive Orden 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 Bakersfield, forfeit $ 25.00 for each calendar day or portion thereof , for each..workman..paid less than the stipulated prevailing rates for such work or craft in which. such workman is employed. under this contract or by any subcon- tractor under. him, in violation of the provisions of Section 1770 to Section 1780, inclusive, of the Labor Code. The .Contractor shall be responsible for its own and subcontractors' compliance with the requirement of Section 1776 of -that Code. Copies of the prevailing rate of per diem wages, for each craft, clas- sf ication or type of workman needed to execute the contract, are on file in the office of the Director of Public Works and shall be made available to any inter- ested party on request.. (f} APPRENTICES. All Contractors and Subcontractors shall comply with the provisions of Labor Code Section 1777.5 relating to the employment of apprentices. D1 HU,PA.10 -10- GG:wrn (g) REGISTRATIONOF CONTRACTORS.. Before submitting bids, Contractors shall be licensed in accordance with the provisions of Section 7055 of Business- and Professions Code. (h) PER~~ITS ANDLICENSES. The Contractor shall procure all permits and licenses, pay all. charges and fees, and give all notices necessary and inci- de nta 1 to the due and lawf u 1 prosecution of the work . ~~i) PATENTS. TheContractor shall assume all responsibilities aris- ing from the use of patented materials, equipment, devices, or processes used on or incorporated in thework. (j) PUBLIC CONVENIENCE ANDSAFETY. The Contractor shall soconduct his operationsas to cause the least possible obstruction and inconvenience to public traffic. Unless other. existing~str~ets are stipulated nthe special provisions to be used asdetours, all traffic shall~be permitted topass 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 ma~.ntained 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 undsr the construction and of any dangerous. conditions to be encountered as a result thereof, and he .shall also erect and mai-main 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) RESPONSIBILITY FOR DAMAGE. The City of Bakersfield, the.. City Council, or the Engineer shall not be answerable or accountable in any manner for any. loss or damage that may happen to the work or .any part thereof; or for any material or equipment used n: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 Bakersf ie1d, the City Council, and the Engineer from any. suits, claims, or actions brought by any person or persons for or on ,account of any injuries or damages sustained or arising in the construction of the work or in consequence thereof , ~1) CONTRACTOR'S RESPONSIBILITY FOR WORK. Except as provided above, until the formal acceptance of the work by the City Engineer, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part thereof by the action: of the elements or from any other cause, .whether axis ing .from the execution- or from the non-execution of the work. The Contractor Dl HU.PA,11 -11- GG:wrn shall rebuild, .repair, restore, and make good all injuries or damages to any portion of .the work occasioned b~ and of the above causes before final acre Lance and sha beat the expense thereof, except such injuries or damages occa- signed by acts of the Federal Government or the public enemy. . r {m} NO PERSONAL LIABILITY. Neither the City Council, the Engineer, nor any other officer or authorized assistance or agent shall be personally responsible for any liability arising under the .contract. 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 in these specifications. Dl HU.PA.12 -~12- GG:wrn SECTION 6,0 PROSECUTION AND PROGRESS (a) SUBLETTING AND. ASSIGNMENT. The Contractor shall glue his per- sonal attention to thee-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. ti~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 immediately on the requisition of the City Engineer and shall note- again be employed on the wo~'k. (b} The Contractor shall diligently prosecute the work to completion before the expiration of the permitted number of working days or calendar days as specified on Page 1 o~-this specification. (c) CHARACTER OF WnRI~N~EN. If any subcontractor or person emplo ed b . Y Y the Contractor shall fail or refuse to carry out the directions of the Engineer or shall appear to the Engineer to be incompetent or to act in a disorderly or improper manner, he shall be discharged immediately on the requisition of the Engineer, and :such person shall not again be employed on the work.: (d) TET~IPORARY SUSPENSION: OF 'WORK. The Engineer shall have the, authority to suspend the work wholly`or in part, for .:such period as he may deem- necessary, due to unsuitable weather, or to such other conditions as are consid- eyed unfavorable for the suitable prosecution of the work, or fore such time as he may deem necessary,, due to the failure.-on the part of the Contractor to car out orders given, or to perform any provisions of the work. The Contractor . shall immediately .obey such order: of the Engineer and shall not resume the work until ordered in writing by the Engineer. {e) TIME OF COMPLETION AND LIQUIDATED DAMAGES. It is agreed b the parties to the contract that in case all: the work.. cal-led -for under the 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, and that it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay, and it is there- fore agreed that the Contractor will pay o the City of-Bakersfield the .sum of D1 HU.PA.13 -13- GG:wrn Two Hundred Dollars ($200.00 per day for each and every calendar day'sdela Y beyond the time prescribed to complete the work; and the Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not. paid, agrees that the City of Bakersfield may deduct the arr~unt thereof from an - Y. money due or that may become due the Contractor under the contract. It is further agreed that in case the work called for under the con- tract is not finished and completed in all parts and requirements within the .time specified the City Council shall have the right to extend the time for com- pletion or not, as may seem best to serve the interest of the Cit ;and if it Y , decides to extend the time llmlt for the completion of the contract, it shall further have the right to charge to the Contractor, his heirs, assigns or sure- ties, and to deduct .from the final payment for the work, all or any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, exce t that the cost of final p, , 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 X107 days from the beginning of any such _ delay, notify the. Engineer in writing of the causes of delay, who shall ascer- Lain the facts .and the extent of the delay, and his f indn s of the facts 9 ,thereon shall be final and conclusive. ~f} SUSPENSION OF 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, aspect to prosecute -the .work with he diligence. and :force specified and intended in Nand by the terms of the contract, notice .thereof in writing will be served upon him, and should he neglect or refuse to provide means for a satisfactory compliance with the contract, as directed by the Engineer, within the time specified in such notice, the City Council in any. such-case shall have the power to suspend the operation of the contract... Upon receiving notice of such suspension, the Contractor ,shall discontinue said work, or uch 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 dul authorized Y 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 sand contract, and hire such force-and bu or rent Y such additional machinery, tools, appliances and equipment, and bu such. Y 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 an art Yp thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and his sureties, who will be liable D1 HU.PA.14 -14- ~ GG:wrn 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. Cit ;but ,y . . 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 C 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 rovided, and p the Contractor will be so credited with any surplus remaining after-all dust claims for such completion have been paid. In the determination of the question whither there has been any such non-compliance with the contract. as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the contract. (g) RIGHT of ~Y 1 -The right of way for the wore to be constructed will be provided by the City. The Contractor shall make his own arran en~nts . g and pay all expenses for addit~.onal area requa.red by him outside of the limits of right of way unless otherwise provided in the Special Provisions. Dl HU.PA.15 -15-~ GG:wrn Section 7. MEASUREMENT AND PAYMENT (a) EXTRA AND FORCE ACCOUNT ARK. Extra work as hereinbefore defined, when ordered and accepted, shall be paid for under a written work order in accordance with the terms therein provided. Payment for extra work will be made at the unit price or lump sum previously agreed upon by the Contractor and the Engineer, or by force account. If the work is done on force account the Contractor shall receive the actual cost of all .material furnished by him as shown by his paid vouchers, plus fifteen percent (15 0 } , and for all equipment and teams that are necessary he shall receive the current prices in the locality, which shall have been. revi- p 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 (200) 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 i osed b State mA ~ 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 PAYMENTS.. .The. Contractor shall, ..once in each month, submit for approval, an estimate in writing to the City Engineer of the total amount, of work done by;the Contractor, to the time of such estimate, and the value thereof . The City of Bakersfield shall retain. ten rcent (10 0) of such pe estimated value of the work done as part. security for the. fulfillment of the contract by the Contractor, and shall monthly pay to the Contractor, while carrying on the work, the balance not retained, as aforesaid, :after ::deducting therefrom all previous payments and all sums to be ke t or p retained, under the provisions of the contract. No such estimate or payment shall be required to be made, when in the judgment of the Cit En ineer Y 9 the work is not. proceeding in accordance with the provisions of the contract, or when in his judgment thetotal value of the work done since the last estimate amounts to less than Three..Hundred Dollars ($300.00). (c} FINAL PAYMENT. The City Engineer shall, offer the co let-ion of _ the contract, make a final estimate of the amount of work done thereunder, and the value of such .work, and the. City of Bakersfield shall. pay the entire sum so ..found; to be due after deducting therefrom all previous payments and all amounts to be kept-and all amounts to be retained under the provisions of the contract. A11 pros.partial estimates and payn~nts shall be subject to correction in the final estimate and payment. The final payment shall not be due and payable until the expiration of thirty (30} days from the date of acceptance of the work by the City Council. It is r~atuallyagreed 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 payn~nt shall be construed to be an acceptance of any defective work or improper materials. Dl HU.PA.16 -16- GG:wrn Y And the Contractor further agrees that the payment of the final amount due under the contract, .and the adjustment and payment for any work-done. in accordance with any alterations of the same,. shall release the City of 5 Bakersfield, the City Council, and the Engineer from any and all claims or la- _ bility on account of work performed under the contract or any alteration thereof . (d} SUBSTITUTION OF SECURITIES. Whenever herein provision is made for withholding or retention of moneys to ensure-performance, substitution of an equivalent amount (value} of securities shall be permitted in accordance with the provisions and requirements of Government Code Section 4590. SECTION PROVISIQNS ~F STANDARD SPECIFICATIONS This work embraced herein shall be done in accordance with the appropri- ate provisions of construction details, Section 10 to Section 95, "inclusive, of the Specifications entitled "State of California, Department of Transportation, Standard Specifications, July, 1984,",insofar as the same may apply, which spec- ifcations are hereinafter referred to ws the Standard Specifications, and in accordance with the following special provisions. ~lhenever in the Standard Specifications the following terms. are used, .they shall be understood to mean and refer to the following: y Department of Transportation, CALTRANS -The Engineering Department of the City of Bakersfield. Director of. Public Works -City Engineer, City of Bakersfield. Engineer -The City Engineer, acting etherdirectly 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- sions, and the special provisions, shall have the intent and meaning specified in Section :Definition of Terms of the Standard Specifications. Tn the event that any portion of the Standard Specifications incorporated herein shall conflict with any of the provisions delineated in the .special pro- visions ..section herein set forth, the provisions so delineated shall take prece- dence over and shall be used. in lieu. of such conflicting portions of the Standard Specifications. Dl HU.PA.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 w-ill be required to carry insurance of the following kinds and amounts: contractor's public liabil- - ity :insurance policy for property damage, personal injury and automobile liabil- ity (with an insurance company licensed to do business in the State of Californian in an amount not less than FIVE HUNDRED THOUSAND DOLL~~RS ($500,000, combined single-limit coverage with a TW0 MILLION DOLLAR ($2,000,000.00 umbrella policy (containing a drop down provision) or, in lieu thereof, a 2.5 MILLION. DOLLAR combined single-limitpolicy. The City of Bakersfield, its mayor, council, officers, agents and employees shall be named as additional insureds under the policy which shall operate as primary insurance. If any. part of the work is sublet, similar insurance shall be provided by or in behalf of the subcontractors to cover their operations. The insurance herenbefore specified shall be carried-until all work required to be performed under the terms of the contract is satisfactorily com- pleted as evidenced by the formal acceptance by the City. The Contractor shall furnish the Finance Department with one (1~ certif- irate. -copy of each of the executed po ides or a certif ied Certificate of Insurance.... _ The certification on such,polci~s shall guarantee that the policy will not be an~nded, altered, modified, or canceled in so far as the coverage contem- plated hereunder is concerned, without at least five ~5) days' notice mailed by registered mail to he Finance Department, City of Bakersfield, Bakersfield, California. The insurance herein required shall be obtained by the succe sful bidder .and the certified copy. of the ~olcics or Certificate of Insurance furnished as herein provided, within the tiny fixed .herein for his execution of the :contract. Full compensation for. all premiums which the Contractor and the subcon- tractors are required to pay on all the insurance described-above shall be con- sidered as included in the prices .paid for the various items of work to be performed under the contract, and no additional allowance wild be made therefor or for additional premiums which-may be required by extension of the policies of insurance. D1 HU.PA.18 -18- GG:wrn SECTION 10. QUANTITIES The following preliminary estimate of the quantities of work to be done and materials to be furnished are approximate only, being given as a basis for the comparison of bids, and the .City of Bakersfield does not expressly or by implication agree that the actual amount of work will correspond therewith, bu reserves the right to incre-ase or decrease.,the amount of any-class or portion of the work or to omit portions of the work that may be deemed necessary or expedi- znt by ..the Engineer. ENGINEER'S ESTIMATE ~ e ITEM QUANTITY. UNIT DESCRIPTI~1 1 1 Lump Sum :Install Traffic Signal and Lighting System 2. 44 Ton ~ "B" A.C. 3. 82 Ton Class II Agg. $ase 4. 113 C.Y. Excavation 5. 2000 Sq. Ft. Striping Removal ,r Dl HU.PA.19 -19- GGwrn SECTION 11. MATERIALS The Contractor shall furnish, for use under these special provisions, all materials required to complete the attached contract, except those materials. ~y provided by the City where specified in these special provisions. SECTION 12. DESCRIPTION OF ARK The general description of work is as follows: Installation of Traffic Signal and Lighting System. laid work i shovm and detaihd on a plan entitled: Traffic Signal System on Hughes Lane at Pacheco Road. Dl HU.PA.20 -20- GG:wrn SECTION 13. GENERAL PROVISIONS. Via) PUBLIC SAFETY AND PRESERVATION OF PROPERTY, Attention is directed to Section 7 of the, Standard Specifications. The Contractor shall compl with ' . ,y 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 requirements of this section shall be considered as included in the contract prices .paid for the various items of work and no additional cor.~pensation will be allowed therefor. (b) OBSTRUCTIONS. Attention is directed to Section 8-1.10, "Utility and Non-Highway Facilities," of the Standard Specifications, the plans, and the special provisions. There 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 of Section 7-1.11, "Preservation of Property," and 7-1.12, "Responsibility for Damage," of the Standard Specifications, the Contractor will be liable to owners of such facilities and i~rovements for ~an y damage or interference with service resulting from conducting hzs operations. The exact location of underground facilities and improvements within the con- S~ struction area shall be ascertained by the. Contractor before using equipment that may damage such facilities or interfere with the- services. Other forces may be engaged in moving or removing utility facilities or other. improvements or mar~tanng services or utilities. The Contractor shall cooperate with such. forces and conduct: his .operations in such a.manner as to avoid any unnecessa rY 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 tines con~nensurate with such delays .may. be allowed.. At locations where irrigation systems exist, the Engineer will direct the.. Contractor as to what .steps will be required to protect the irrigations s- Y tem and the area is serves.- The, Contractor shall replace the irrigation system as directed by the .Engineer. Existingland 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 ma be re-sent at y p 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..wi11 be made therefor. Except in the case of extra work, full compensation fob 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 thoref or. Dl Ht1.PA.21 -21- GG:wrn ~c} OMISSIONS IN SPECIFICATIONS AND DRAWINGS. Any materiala or work mentioned in the specifications and not shown on the drawings or shown on the drawings and not mentioned in the specifications shall be of the same effect as if shown br 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 ~~~aterials or performing such omitted work; but shall be furnished or performed as if fully shown or described in the drawings or specifications. ~d) MATERIALS. ~lhenever any material is specified by name and number thereof , such specifications shall be deemed to be used .for the purpose of faci- litating description of the materials and establishing quality, and. shall be deemed and construed to be followed by the words "or approved equal". No sub- sttution 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. Vie) AD~TUSTMENT OF OVERHEAD COSTS. The provisions of Section 9-1.08 of the Standard Specifications shall not apply to final cost of this contract and no final adjustment for overhead costs will. be made. y ~ f) DUST C0~~1'a'ROL. I t shall be the Contractor's responsibility. to pre- vent adult nuisance from originating from the site of the .work as a result of his ,operations during the effective period of this .contract:. Preventative meal- uses 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 Engineer, or as a result of conditions beyond the. control of the,Contractor shall note 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. . fig) WATERING. Furnishing and applying water shall conform to the pro- visions, of Section 17 of the Standard Specifications, except that full compensa- ton therefor shall be considered as included in the prices paid for the various contract items and no separate payrr~nt will be made therefor. (h) LABOR CLASSIFICATION. No contractor employee shall be allowed to perform work outside his or her prevailing wage trsde classification as defined by the California Department of Industrial Relations. Dl HU.PA.22 -22- GG:wrn (h) ALTERATIONS IN QUANTITY OF WORK. The provisions of Section 4-1,03B, 4-1.03B(1}, and 4-1.03B(2}, of the Standard Specifications relative to increases or decreases in the quantity of contract item of work when no change in the character of the work is involved shall not apply to any contract item of work in this proposal and the City reserves the right to increase or decrease the quantity of any item or portion of work as may be deemed necessary or in the .best interest of the City, (i} WORK IN CITY STREETS. All of the work shown on the plans and included in these specifications that is located in the public streets in the City of Bakersfield shall be done in accordance with. City. Ordinances regulating the use of public streets within the City, except as otherwise provided herein. The Contractor shall inform himself as to all regulations and require- mints of the City Engineer and Superintendent of Streets of the City of Bakersfield and shall conduct .his operations in compliance therewith. (j) PERMITS AND LICENSES. The Contractor shall procure all permits and licenses, pay all charges and fees and give all notices .necessary and inci- dental to the due and lawful prosecution of the work. (k} ~~AINTAINING 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 requirements set fo~rth~ in the current "Manual of Traffic Controls -Warning Signs, Lights, and Devices fora Use in Performance of ti~ork Upon Highways," published by the State of .California, Department of Transportation. Application and use of devices shall be as specified and as directed by the Engineer. , The Contractor shall keep the Bakersfield Fire Department informed at all times as to the exact location and progress of the work and shall notify them;mmediately 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.M1 and offer 4:00 P. M. on weekdays, and when construction operations are not acti- vely in progress. Designated legal holidays are: January 1st, the. third Monday in February, the last Monday in May, July 4th, the first Monday in September, November 11th, Thanksgiving Day., and December 25th. When a designatedlegal holiday falls on a Sunday, the, following Monday shall be a designatedlegal holiday. When November 11th falls on a Saturday,. the preceding Friday shall be a.designated legal holiday. Dl HU.PA.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. ~~hen 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 b~e modified or altered if, in the opinion of the Engineer, public traffic will be better served and work. exile-~ 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) r~antaining Traffic, and no additional payment will be made .therefor. (1 } .:ORDER OF trJC3RK. .Order of work shall conform to the provisions in Section 5-1.05, "order of work," of the Standard Specifications and these spe- cial provisions. All striping removal shall be completed a minimum of 2 days prior to signal being placed into. operation:.. When initially installed, all vehicle. and pedestrian signal faces shall be aimed and covered with cardboard or other material with an observation hole {max, l" dia.) in front of each signal indication. The covers hall remain in place until all signal operations have been checked and signal is placed into operation. Prior to commencement of the traffic signal functional tests, all items of work: related to the signal control.; shall. be completed and all signs shall be in place. (m} COOPERATIONS. The Contractors shall cooperate fully with the other: Contractors performing work on the site. It is not anticipated that the work. to be done- by others will serf- ously-delay the Contractor's completion of the work. Haaever, if such work does ,result in extraordinary delay, the Contractor may seek relief from liquidated damages as set forth i n the fourth paragraph of Article 6 (e) of ..these Special Provisions. Full compensation for complying with the requirements of this ~ticle 13(m} shall be considered as included in the prices paid for the various con- tract items of work, and no additional a1lOwance will be n~ads therefor. Dl HU.PA.24 -24- GG:wrn SECTION 14. SPECIAL PROVISIONS ~a) EXISTING HIGHWAY FACILITIES. The work performed in connection with various existing facilities shall conform to the provisions in Section 15, "Existing Highway Facilities," of the Standard Specifications and these special provisions. Existing highway signs and street markers shall remain the property of the City of Bakersfield. Such signs and street markers shall be relocated and maintained during construction so as to convey the same intent that existed prior to construction. Existing City highway signs and street markers shall be placed in their permanent position by .the Contractor's.forcesprior to .completion of construction. Signs removed from the project area shall be delivered to the City Corporation Yard at 4101 Truxtun Avenue. Full compensation for conforming to the r~~~irements of the .two pre- ceedng.paragraphs shall be considered as included in the prices paid for the various items of work and no additional allowance will be made therefor. M D1 HU.PA.25 -25- GG:wrn (c) AGGREGATE BASE. Aggregate base shall be Class 2 and shall con- °4 form to the provisions in Section 26, "Aggregate Bases," of the Standard Specifications and .these special provisions. Aggregate for Class 2 aggregate base shall be clean and free from veg- etable matter and othsr deleterious substances. Compact the aggregate base to 95o relative compaction. Compaction is determined by the following test methods; California No. 2.16, California X10. 231, or ASTM D1557-70, Method C. For verification purposes., the tonnage of .compacted aggregate base will be calculated from the dimensions shown on the plans, adjusted by the .amount of any change ordered by the Engineer. MEASUREMENT AND PAYN~ENT: Submit-a Weighmaster' summary sheet,.:..show- ng the tonnage of aggregate-base. delivered to the job each dad, to the inspec- .tor on the following work day. No allowance will be`made for aggregate base placed in excess. of thee. din~nsions shown on the plans unless directed by the Engineer. Aggregatebase shall be paid for at the contract unit price per ton.. Said price includes full compensation for furnishing all labor, materials, tools, and equipment and for doing all work. involved in constructing the aggre- gate base comQlete in place., as shaven on the plans and specified herein. 5 H Dl HU.PA.26 ~-26- GG:wrn (d) ASPHALT CoNC1~TE. Asphalt concrete shall be Type B and shall .conform to the provisions in Section 39, "Asphalt Concrete," of tie-Standard r Specifications and these special provisions. _ Aggregate for ~ B asphalt concrete shall conform to the require- merits for 1/2 inch rnaxm~am, medium grading as specified in Section 39-2.02, "Aggregate," of the Standard Specifications. -The amount of asphalt binder to be mired with the aggregate. shall be between 4 percent and 7 percent by weight of the dry aggregate as determined by the Engineer.. The second sentence of the first paragraph of Section 39-6.02, "Spreading," of the Standard Specifications is amended to read: The asphalt concrete mad be spread by any n~chancal means that pro- duces asurface texture of uniform appearance ready f of con action without further shaping. Where new asphalt .concrete pavement is to conform to existing paved surfaces, the existing pavement-shall be saw cut. Dl HU,PA,27 .-27- GG:wrn SECTION 15. SPECIAL PROVISIONS - T]~AF'FIC SIGNALS AND STREET LIGHTING n ~a) DESCRIPTION. Furnishing, installing and modifying traffic sig- . pals and. highway lighting and, payment therefor shall conform to the provisions 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: On Hughes Lane at Pacheco Road (b} REMOVING AND REPLACING IMPROVEMENTS. Removing and replacing improvements shall conform to the provisions in Section 86-2.02, "Removing and Replacing Improvements," of the Standard Specifications and these special pr-ovisons. . ~c} FOUNDATIONS. Foundations shall conform to the provisions in Section 86-2.03, "Foundations," of the Standard Specifications and these special provisions. The Contractor shall furnish the anchor bolts, nuts and washers to be used for new foundations and shall furnish the appropriate- nuts and washers .for :existing foundations to be reused. Portland cen~:nt concrete shawl conform to Section 90-10, "Minor Concrete," of the Standard Specifications and. shall contain not less than 470 pounds of cent per.. cubic yard, except .for pile foundations shall contain not less than 564 pounds of cemsnt per cubic yard. ~d} CONDUIT. Conduit shall conform to the provisions in Section 86-2.05, "Conduit," of the Standard Specifications and these special provisions. Insulated bonding bushings wi13. be required on metal conduit. (e} PULL BOXES. Pulp boxes. shall conform to the. provisions in :.Section 86-2.06, "Pull :Boxes," of the Standard Specifications and these special provisions. Recesses for suspension of ballasts will not be required. D1 HU. PA. 28 -28- GG:wrn ~f) CONDUCTORS AND WIRING. Conductors and wiring shall conform to the provisions in Section 86-2.08, "Conductors," and Section 86-2.09, "Wiring,." of the. Standard Specifications^and these special provisions. CONDUCTORS -The Contractor shall use multi-conductor electrical cables for all circuits except between the service switch and controller cabinet. Only n~alti-conductor cable conforming to the following shall be used: 5 Conductor cable consisting of 5 No. 14 conductors colored 1 each red, yellow, brown, white and black. . 9 Conductor cable consisting of 1 No. 12 conductor colored white and 8 No. 14 conductors colored.leach red., yellow, brown, black,. red black stripe yellow black stripe, bra~m/black stripe and white black stripe. 28 Conductor cable consisting of 1 No. 10 conductor colored white and 27 No. 14 conductors: co ored as indicated in the following conductor table for a single ring operation. COND~JCTOR TABLE Insulat-ion Colors. Signal Phase CYrcuit or Function Base Stri ti 2 & 6 Red, Yellow, Brown Black Vehicle 4 & 8 Red, Yellow, Brown Orange Signals 1 & 5 Red, Yellow, Brain Silver 3 . & 7 Red, Yellow, Bra~+m Pu le 2p & 6p - Red, Brc~m 2 Black Pedestrian ~p & $p Red, Brown 2 Orange Signals lp; & 5p Red, Brc~►m 2 Silver 3 & 7 ~ Red, Brown 2 Pu le 2p & 6p Blue Black Pedestrian 4p & 8p Blue Orange Push:-Buttons lp & 5p Blue Silver 3 & 7 Blue Pu le Pedestrian Push Buttons White Black Common Si al White None Railroad Pre-e Lion Black Red Spare Black `None The cable sheath shall be polyethylene and the conductor insulation .shall be Type ~ polyvinyl chloride. Subparagraphs 1, 2, 4 and 5 of the first paragraph of Section 86-2.09D, "Splicing, " of the Standard. Specifications are deleted. Dl HU.PA.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." (g) BONDING AND GROUNDING. Bonding and grounding shall conform to the provisions in section 86-2.10 "Bonding and Grounding," of the Standard Specifications and these special provisions. (h) SERVICE. Service shall conform to the provisions in Section 86-2.11, "service," of the Standard Specifications and these special-provisions. The Engineer will arrange with the. serving utility to complete service connections to service points shown on the plans and will pay all required costs and fees required by the utility, (i) TESTING. Testing shall conform to the provis-ions in Sect-ion 56-2.14, "Testing.," of the Standard Specifications and these special provisions. (j} SIGNAL FACES AND SIGNAL HEADS. Signal faces, signal heads and auxiliary equipment, as shown on the plans, and the installation thereof,.shall conform. to the provisions in .Section 86-4.01, "Vehicle Signal Faces,," 86-4..02, "Directional Lou~rers," 86-4.03, "Backplates" and 86-4.06, "Signal Mounting Assemblies," of the Standard Specifications and.these special provisions. Housing.., visors., directional louvers andbackplates shall not be structural plastic. All lamps for traffic signal units shall be furnished. by the Contractor. All signal faces shal]. be provided with 12-inch sections.. (k) PEDESTRIAN SIGNALS. Pedestrian signals shall conform to the provisions in Section 86-4~5, "Pedestrian Signal Faces," of the Standard Specifications and these special provisions. Pedestrian signals shall be Type C, and shall have energy officient heads equivalent to Indicator Controls Corporation Model 4094. ~1) LUMINAIRES. Luminaires shall conform. to the provisions in Section 86-6.01, "High Intensity-Discharge Luminaires," of the Standard- Specfcations 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. D1 HU.PA.30 .-30- GG:wrn (n) CONTROLLERS, CABI~tETS 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 pavement 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 requirer~nts in Section 95-2.09, "Epoxy Sealant-for Inductive Loops," to within 1/8 inch of the pavement surface. The sealant shall be at leant 1/2 inch think above the top conductor in the saw cut. Before setting, surplus sealant shall be ren~ved from the adjacent road surfaces without the use of solvents. In lieu of the epoxy sealant specified above, slots may be filed with either of -the following materials: 1. An elastomeric sealant, conforming to the following: The sealant shall be a polyurethane material of a composition that will, within its stated sheaf life, cure onlyDin the presence of moisture.. Sealant shall be suitable for use in both asphalt concrete and Portland cement concrete. The cured, sealant shall have the following performance characteristics: Measuring Standard Pro ert land Results And Conditions Hardness (indentations - 65-85 A'I'M D 2240 Res, Type A Model 1700 77° F. (25° G. 50 o relative humidity, Tensile strength - 500 psi, min. ASTM D 412 Die C, pulled at 20 IPM. Elongation 400, minir~um 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 weatheror~ter 350 Hrs. Chalking Cured 7 days at 77° F. (25° C.) 500 relative humidity. Dl HU.PA.31 -31- GG:wrn Salt Spray Resistance - 500 psi, ASTM B 117 28 days at 100° F. (38° C.) minimum Tensile; 4000, minimum 5o NaCl, Die C, pulled at 20 IPM. elongation Dielectric Constant -Less-than ASTM D 150. 25 0 change over a temperature range of -30° C. to 50° C. 2. Asphaltic Emulsion Inductive Loop Sealant shall conform to State of CaliforniaSpecfication 8040-41A-15 (copy enclosed herein).. Loop conductors shallbe nstalledwithout splices and shall terminate in~ thenearest pull box. Theloops shall bejoinedinthe pull box. in combination of series~and~parahelso thatoptimumlensitvityis obtainedat the~sensorunit.. Finalsplices between loops and lead-in. cable shallnot be made untlthe operation of ..the loops under actual traf f is cond~t-ions is ~ approved by the Engineer. All loop ,conductors f or each direction ~ of Crave 1 for -the same -phase of a .traffic signalsystem,~inthe~same pull box, shall besplced to a~cable which shall be rug from -.the pull box adjacent to the loop detector to a sensor unit. mounted in the controller cabinet.Splices to the~cableshall be made in puh boxes only. All loop conductors for .traffic counters shall terminate in a pull box ~or terminalstrip in the~traffc count station cabinetwhen-suchacabinet is installed. Conductors~~f or induct ve loop traf f is ~s ignal and traf~f ~ic counting installatons ~ shall be identf ied and. banded, in .pars, ~by lane, in the pull: box adjacent ~to the.~loops andnear~theterminat'ion of theconductorsi~nthecontroller or traff is count... station cabinet.. ~ Bands shall conform to the provisions. ~~i~n Section 86-2.09, "wring." If asphalt concrete surfacing is o be p-laced, the loop detector conductors shall ~ be installed prior to placing the uppermost layer. of ~ asphalt concrete.. .The conductors shal~l~ ~ be installed,. ~as~~ shown on the plans, in the compacted :slayer of asphalt concrete mmediately below the uppermost layer.Installation details shall be as shown on the plans,except the epoxy~~sealant~ shall fill. the slot f lush:. to the surf~ace~, Detector loops ~in concrete pads ~ shall be sealed with epoxy. .sealant. , Lead cables shall be.Type A lead-ins and shall conform to the provisions in Section 86-S.OlA(4), "Construction Materials," of the Standard specifications and these special provisions. gip) PAYMENT. Payment .for signals and lighting shall conform to the provisions in Section 86-8, "Payment", of the Standard Specifications and these .special. provisions. Full compensation for cast-in-drilled hole concrete pile foundations shall be considered as included in the contract lump sum price paid for .the item requiring foundations and no separate payment will be made therefor. Dl HU.PA.32 -32- GG.wrn SECTION 16. SPECIAL PROVISIONS - SLGNS (a) STREET N~~NIE SIGNS, Street name signs shall conform to the provisions in Section 56-2, "Roadside Signs," of the Standard Specifications and these Special Provisions. Street name signs, mast-arm hangers, and sign. panels will be furnished and installed by the. City. Miscellaneous Roadside Signs shall conform to City Standard TS-4. SECTION 17. SPECIAL PROVISIONS - GUA~E~~NTEE FOR TRAFFIC SIGNAL AND STREET LIGHTING SYSTEMS.. (a) GUA]~ANTEE. The Contractor shall furnish a written guarantee to the City on the form attached, guaranteeing all systems, except traffic signal lamps,. installed under this contract for a period bf one (1) year from the date of acceptance of the work. The guarantee-.,- properly executed, shall be filed with the City before notice of completion and final acceptance is made by the City of the work described on the ,plans, and these, special provisions. (b) PAYMENT. The lump sum prices paid for installation of traffic signal: and street lighting systems: shall includs full compensation for furnish- ing the guarantee as required in this section. D1 HU.PA.33 ~-33- GG:wrn SECTION 18, SPECIAL PROVISIONS -Remove Traffic Stripes x and Pavement ~~arkings a~ REMOVE TRAFFIC STRIPES AND. PAVEMENT I~~RKINGS. Traffic stripes and pavement markings to be removed will be as shown on plans and as designated by the Engineer. Traffic stripes and pavement markings shall be removed to the fullest extent possible from the pavement by any method that does not materially damage the surf ace or texture of the paven~nt or surf acing.. where blast cleaning is used for .the removal of painted traff is stripes and pavement markings, the area shall be shielded so that no material from the blasting operation is allowed to enter the area t'~atis open to public traffic. Sand. or other material deposited on the pavement as a result of removing traffic stripes and markings shall be removed as the work progresses, Accumalations of sand or other material which might interfere with drainage or might constitute a hazard to traffic will not be permitted. Traffic stripes shall be removed before any chancy is made in the traffic pattern. Blast cleaning for removal of traffic stripes shall be feathered out to irregular .and varying widths, Paven~nt markings shall be removed by blast cleaning a rectangular area, rather than .just lettering or markings, so the old _ n~ssage cannot be identified. After removal of traffic stripes and pavement markings, a f og seal coat shall be applied in conformance. with the provisions in Section 37, "Bituminous Seals, " of the Standard Spedf ications and. the followin g In traffic .stripe removal,areas., the fog seal coat shall be applied over the traffic stripe removal area and to irregular and varying widths with an average width of 2 feet. on each side of the blast cleaned traffic stripe removal area. In paven~nt marking removal areas the fog seal coat shall be applied to the blast cleaned rectangular area. Full compensation for furnishing and applying fog seal coat-. as speci- fied herein shall- be considered as .included:: in the contract price paid per square foot for removal of traffic stripe and pavement marking and no separate payment wi 11 be made th~ref or. Nothing in these special provisions shall. relieve the Contractor from his responsibilities as provided in Section 7-1.09, "Public Safety.," of the Standard Specifications. b) ORDER OF WORK. Order of work shall conform to the provisions in .Section 5-1.05, "Order of Work," of the Standard Specifications and these spe- cial provisions. Dl HU,PA.34 X34- GG:wrn Pavement delineation shall be rzplaced by temporary delineation before opening the traveled way to public traffic. Temporary delineation shall~consst of reflective traffic line tape applied in pieces .note less- than 4inches long nor less than 4 inches wide spaced no more than 10 feet apart on curve nor-more than 20 feet mart on tangents. Reflective traffic line tape shall be applied in accordance with the m,anufacturer'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 payrr~nt wi 11 be made therefor. Pavement delineation removal shall be coordinated with temporary Jelin- eation so that lane lines are provided at all times on traveled ways open to public traffic. c) P~iE~sUREMENT AND PAYMENT.. Quantities of traf f is stripe removed will be determined by the width of the stripe plus 0.67-foot noultplied by the. length of the-stripe. The space between double traffic stripes will be measured as painted traffic s ripe, Quantities of pavement markings removed will be deter- mined by the actual size of the rectangle measured in square. feet. Removing of traffic stripes will be paid for at the .contract unit price psr square foot for the .actual area of authorized stripe removal. The contract unit price per square foot .shall include full. compensation for furnishing all labor, materials, tools, equipment, signs and for doing all work. necessary for:.ramoving existing striping as shown on plan and as directed by the Engineer. Dl HU.PA.35 -35®~ GG:wrn r. ?awnship , Sec fiorr Railroad or Proper f y Line 1......~_~ 1 . Levee R;9hf of way wain _ Pro 'eC f Cen~`erli~e TJ //~~r./~ ~ - - Culvert r ...n. .rte i • ~I ~/J irs f.I ~ V ~ ~ 9 9 Pd vcmcnf ~ Hed e 9 . x----x x-----X Fence ~ ~a~c Deciduous ?ree G udrd /tai / Evergreen Tree l~On urnsnf /fUfure W - 1~/afcr Lime ~ 5ervl~e f'o/e G - - Cas Cne Power ~b/e 4 Oi / L ~ ~e ~ W. M. 1 n/a ter Mile ter- T r.~. - - - Burl ed Tele honk Cable ~ W. V. 1,✓~ter Va/v~ P g p - - - ,B~ried f oure~° Ca1~/e F H . ~ re f-~ a~ran y s..- - ~ ' ~ecucr ire ®G. M. has /Meter c 0 Aerial Wire 9 G. V. Gas v~Ir~e 4 Aerial Ca ale • M. H. /Manhole (~Xls lin - - - - ~ ~Po/e ~4nchor 0 M. H. lyl~hho~e a~ur ~ U e Utili fy f'o% # ?e/ephor~e ~°oIe ® lYll~~crn~en~ ~~xis fi° ) ~ free f L i ht ~9 9 RECORDED 1a...~.. ~~~R~~1 ~L~D DATL ~L~ ~ N HOOK.,._._...,..~„AT PAG~:_....,m.._,. CA L I F°C~ R N ~ ~ DRAWN G. /4 OFFiC1AL RECOR06 OR 4! KER(V couNTY, ci►uFORN~J1 EN~~NEERING DEPARTMENT ~w~~~r~ ~~r.; ,s.~r~..........: yE~~ Jt ~ti ti, ~ ,s ~ . ;;~~t STATE OP CALIFORNIA ~ ~ ~►t.I _ o r ~ S ecif icat P on .8040-41A-15 r 4Lr►p~~~~' . Asphaltic Emulsion Inductive Loop Sealant 1.0 ~ SCOPE This specification covers: a one component, pourable sand filled asphaltic emulsion for use in seam inducti ° g ve wire loops and leads imbedded ~n asphalt and portl and cement, concrete. This sealant.. i s suitable for use in freeze-thaw environment . s 2.0 APPl.ICAgLE SPECIFICATIONS The ~ f o 11 owing spec i f i cations hest methods and ' standards zn ..effect on the opening date of the Inv~tatlon to 8~d forma art of this p specification where referenced: American Society for Test7n and Materials 9 D2939, D2523 California Test Method No. 434 Cal if orn i a Departr~ent of Trans ortat i on . p Standard, Sp+eclf ~cat~ons 191 State of Cai iforni a Specification 8010-X XX 99 Inspection, Te tang and Other Requirements fore Protective Coatin 9 Code of Federal Regulations Hazardous Mat ° er~als and Regulations board, Ref. 49CFR. 3.0 REQUIREMENTS ~ 3.l Composition The composition of the loo sealant shall ° . P, be a sand f~ l 1 ed, pourable, water emuiszfied bitumen. It will be the manufacturer s. re ponsibility to produce a one..com onent rodu p p ct to meetthe.- propertes speolfied herein. 3,2 Charac~eri sties of the Seal apt 3.Z.1 Residue by evaporation, Wet ht ercent ° 9 P 70 ~{~n~mum Use ASTM D2939 3.2.2 Ash content, wei ht ercent p 50 to 65 Use.ASTM DZ939 i- I Asphaltic Emulsion Inductive Loop Sealant 8040-4~A-15 3.2,3 Fzrm set time, hours, 4.max~mum tent at one hour intervals, use ASTM 02939 ` 3oZ.4 B~^ookfield viscosity, Poise- ~ 50 to 125 RVT Spindle #3, 10 RPM at 75 +2oF. 3.3 Properties of the Dried Film 3.3.1 ~ flexibility, , ~ ~ No full depth Use ASTM 02.939, except air dry specimens to constant weight cracks at 15 ±5oF and 54 ±10~ relative humidity. Condition mandrel .and speciments 2 hours at 15 +2oF before test,.Use aluminum p ~ } panels, 0.03 inches thick anel or a ua1 3.3.2 Tensile Strength; Psis Z0 minimum cast sheets 0.25 inches thick and air dry at 75 +5oF, 5~ ±14~ relative hump di ty for minimum of 1 fi hours. Load rate 0.05 inches/minute, use ASTM 02523. 3.3.3 Elongation, ~ 2.0 minimum same co~ndi bons as 3._3.2 use ASTM 02523 3.3.4 Slant-shear strength to concrete,-psi, ~ X50 minimum Use California Test Method No. 434, Part VL'I I e Space damp., wi~ th no 1 oss - blocks w i to 0.25 i riches. between s 1 ant: faces,,.. seal side of adhesa on to and bottom with . tape and f ~ 1 with the well stirred concrete. s sample, strike off. the excess. Ory in 14QoF oven to constant weight and condition 1 day at 15 + 2oF before testing, load rate to be 5000 1bs/minuteo~ - 3.3.5 Resistance to water No blister~n M 9' Use AST 02939, Alternative 8 re-emulsification or loss of adhesion 3.4 :Workmanship 3.4.1 Thee sealant shall be proQerly dispersed and any.nettlin Shall be . 0 9 easily red~spersed with m~n~mum resistance to thee-s~:dewise manual motion of a paddle across the bottom of the containero It shall form a smooth uniform product of the proper consistency. If the materi.a cannot be easily redispersed dine to excessive settlement as described above or due to any other cause, the sealant shall be con idere unfit for use. -2_ 1 Asphaltic Emulsion Lnductive Loop Sea]ant 804p_41~.15 3.4.2 The sealant sha11 retain all specified properties under normal .storage condi L ions for 12 months after. aces t~nce and deliver. . A y The vendor shall be responsible for all costs and transportation char es 9 incurred in replacing material that is unfit far use. The pro erties P of any replacement materi a1, as specified i n Paragraph 3.0, shat 1 remain sat ~ sf actory for 12 months from date of acceptance and .delivery. 3.4.3_ The sealant shall comply with ail air ollution control rul n p es a d regulations within the State of California in effect at the time the seal ant i s manufactured. 4,0 QUALITY ASSURANCE PROvISI4NS . 4.~ Inspection This material shall be inspected and tested in accordance wit t t . hSae of Cal ~forn~ a Spec~f nation 8014-XXX-99, or as othe~wi se deemed necessary, . 4 ~.2 Sampl.i ng -:and Testi n 9 ~Unless otherwise permitted by the En ineer, the material shall be 9 sampled at the place~ofmanufacture and application wiI not be permitted until the material-has been a roved b the En ins r. Pp y g e 5.0 PREPARAT-ION FOR DELIVERY 5.1 Packaging The sealant sha11 be :prepared in a one acica a stem:-..read f . . P 9 Y y or app icat~on. The mater~~al shall be furnished in container size as specified in the purcfiase order or contract. If r ' o dered ~n 5 gal lon size the ~ontai Hers shall be new, round standard f u l l o n . . ~ pe head with balls, shall be nonreact~ve with the contents, and shall have compatible gaskets. The containers shall com l wfith the p y U.S. Department of Transportation or the Interstate Commerce Commission regulations, as applicable. 5.2 Mark i'ng . A11 containers of material shall be labeled showin Stat s ecif g e p cats on number, manufacturers name, date. of -manufacture and manufacturers batch number. The manufacturer shat I be re pons ib1 e for ro er sh i in 1 abei . p p Pp 9 s as autl~ned ~n Code. of Federal Regulations, Hazardous Materials and Regulations Board, Reference 49CFR. _3_ Asphaltic E~rulsion Inductive-loop Sealant 8440-41A~15 ~ 6.0 NOTES ~.l Directions for Use Saw cuts shall be blown clean with compressed air to remove e~ccess water and debris. The sealant must be thoroughly stirred before use and hand poured into the slots. Due to the sand content of this material, pumping is not. recommended. An clean u of road . Y p surf .ace or~ tools can be done with water, before the sealant sets. 6.2 Patents The Contractor sha11 a s~~ne. all costs arisin fror~ the g use of patented materials, equipment, dey~ces, or processes used on or incorporated in the. work, and a rues to idemnf and av . , 9 y s e harml ess the State of Ca l i f orn ~ a, and ~ is duly authors Zed representatives, f rocs a1 i suits at law or action of ever nature for or on acco n Y ut of, the use of any patented materials, equipment, de~rice or processes. . 6.3 Certificate Hof Compliance The. manufacturer Thal l: f urn i sh a cert if cafe of com l i . P .ante w ~ th each batch- of -seal ant, ~ n accordance w~ th the prov ~ s i on~ of Section 6-1.01 of California Department of Transportation Standard S if pec ~catlonS, January 1981. . ~4~ • GUARANTEE EQUIPN~ENT City of Bakersfield Department of Public Works Bakersfield, California In accordance with the terms of Contract No. ,for the Project Traffic signal system on Hughes Lane at Pacheco Road , awarded on ,between the City of Bakersfield thereinafter referred to as the City) , and the undersigned, which contract provides for the installation of installation of traffic signal and lighting system ,and under which contract the undersigned has furnished and installed such system, the following guarantee of the said system is hereby ode. Should any of the equipment installedpursuant to sand contrast prove defective or should. the system as a v~hole prove defective, due to faulty work- mansh:p, material furnished, or method of ins allaton, or should said system or any part .thereof fail to operate properly, as planned, due.. to any of the above causes,, ail within one ~ 1) year after date onwhich said contract is accepted by the City, the'undersgned agrees to reimburse the City, upon demand, for its expenses incurred in restoring said systems to the condition contemplated in said contract, including the cost of any equipment. or materials replaced., or, upon demand by the City, to replace. any such. equipment and repair said systems .i completely without cost.. to the pity, so that they will operate successfully as originally .contemplated. The City shall. have the option to make any. needed repairs or replace- mints itself or to have ~ such replacen~nts or repairs done by the undersigned. Prior. to such replacement or repair work being done. by the City, the undersigned shall .have the option to make any needed repairs or replacements. In the event... the City elects to have said work: performed by the undersigned, the undersigned. agrees that the.. repairs shall commence to be made and such materials as are nec- essary shall commence to be furnished ;and installed within Twenty-Four (24) hours. of the date specified in the City's ~tritten notification. :Contractor. shall prosecute with due diligence to complete the work within a reasonable period of time, as specified in the City's written notification. Said system will be deemed defective within the meaning of this guar- antee in the event- that they fail o operate as originally intended by the manu- facturers thereof and in accordance with the plans and specifications included in said contract. - Date Contractor ° s Signature Firm Address Dl. HU.PA.36 PROPOSAL FOR Traffic Signal System on Hughes Lane at Pacheco Road To the City Clerk of the City of Bakersf field: The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this pro- posal is made without collusion with any other person, firm or corporation; that he has carefully examined the location of the proposed work, the annexed pro- posed form of contract and the plans therein referred to; and he proposes, and agrees if this proposal is accepted, that he will contract with the City of Bakersfield, in the prescribed form of contract hereto annexed, to provide all necessary machinery, tools, apparatus and other means of construction and to do all the work and furnish all the materials in accordance with the plans and spe- cif ications for the above, filed in the off ice of the Finance Director of the City of Bakersfield and as specified in the contract, in the manner and time therein prescribed, and according to. the reguirem~nts of the Engineer as therein set forth, and that he will-take in full payn~nt therefor the unit prices or lump -sums set forth in the following schedule: In case of a discrepancy between words and figures, the words shall prevail; and incase of discrepancies between unit prices and totals, the unit prices shall prevail. The undersigned further agrees that in case of default in executing the required contract, with. necessary bonds., within ten (107 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- per y of the City of Bakersfield. , Bidder acknowledges receipt of the following addendums ITE~~I APPROX. ITEM WITH LUMP SUMPRICE UNIT N0. QUANTITY WRITTEN IN WORDS PRICE TOTAL 1 Lump Sum Signals and Lighting., complete and in place, AT 2 44 T~~pe ~~B A.C. Per Ton SIGNED Bidder ~ Page 1 of 2 Dl HU.PA.37 PROPOSAL FOR: Traffic Signal S~rstem on Hughes Lane at Pacheco Road ITEM APPROX. ITEM WITH LUMP SUM PRICE UNIT N0. ~}UANTITY WRITTEN IN WARDS PRICE TOTAL 3. 82 Class II Agg. base Per Ton 4. 113 Excavation Per Cubic Yard 5. .2000 Stri in Removal Per.S are Foot TOTAL: SIGNED Bidder Page 2 of 2 pages. Dl HU.PA.38 - PROPOSAL ' FOR Traffic Signal System on Hughes Lane at Pacheco Road To the City Clerk of the City of Bakersfield: The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this pro- posal is made without collusion with any other person, firm or corporation; that he has carefully examined the location of the proposed work, the annexed pro- posed form of contract and the plans therein referred to; and he proposes and agrees if this ~~oposal is accepted, that he will contract with the Cit of Y Bakersfield, in the prescribed form of contract hereto annexed, to provide all necessary machinery, tools, apparatus and other means of construction and to do .all the work and furnish all the materials in accordance with the lans and s - P pe cif ications for the above, filed in the off ice of the Finance Director of the City of Bakersfield .and as specified in the contract, in the manner and, time therein prescribed, and according to the requiren~nts of the. Engineer as therein set forth, and that he will take in full payment therefor the unit. prices or lump sums set forth in the following schedule: w In case ,of a discrepancy between words and figures, the words shall prevail; and in case of discrepancies between unit prices and totals, the unit prices shall prevail.. .y' The undersigned farther agrees that.. in case of default in executin g the required contract, with necessary bonds, within ten ~10~ days, not including Sunday, after having received notice that the contract is rea for si ature ~ ~ ~ - the proceeds of the check or bid bond accompanying his bid shall become the pro- perty of the City of Bakersfield. Bidder acl~nowledges receipt of the following addendum: ITEM APPROX. ITEM ti~TITH LUMP SUM 'PRICE UNIT N0. QUANTITY WRITTEN IN ~RDS PRICE TOTAL 1 ,Lump Sum Signa s and Lighting, complete and in place, AT 2 44 'T~ipe "B" A.C. Per Ton SIGNED Bidden ~ Page 1 of 2 Dl H[1. PA. 37 PROPOSAL FOR: Traffic Signal System on Hughes Lane at Pacheco Road ITEM APPRO. ITEM WITH LUMP SUM PRICE UNIT NO. QUANTITY WRITTEN, IN WORDS PRICE TOTAL 3. 82 Class II Agg. Base Per Ton 4. 113 Excavation .Per Cubic Yard 5. 2000 Striping Removal , Per S are Foot ' TOTAL: SIGNED Bidder Page 2 of 2 pages. Dl HU.PA.38 4 ~ ~ tj ti 8 `y e Ax..n; .i~cw` ~ i..o.w i is drr/ ,i...r ~!-..r~ ~ ~~.rs ~ 6 1 ~ ! 7 ~ t `a ~ o S f = ' wr C ~ i ~ ~~„ss.,ary if gash or c~.rtified c~cck ;s ~vit~ ~i~1} 1 hat eve w as .principal, and as surety, are held anal firmly bound unto :~e ~ity a{ Balers{field, a body politic and corporate of the State of California, in the sum o~ dollars to lie paid to said ~C~ty , for which payment , .well and truly to be made ; we ba :c: c~urseve~, oar ~,eirs, e:~e~~ato~rs ana administrators, successors or assigns, jointly anaseverally by I ~~F C~NI~I."i"I~1~~ '~I~IS~ ~BLIGhTI~N IS SUCH ~'aiat it the 4ert~in. nr~posal, l'itreunto annexed, to construct certain work and improvements to a the ~ity of La.~ersfield as reterrecl to in the Notice to Contractors attached hereto, is accepted by the ~o~.incil o~ -said City and i~ the. above bounden principal, heirs, executors, administrators, suc~ censors ar~d assigns, shill duly enter ,into and execute a .contract, to construct said improvements aforementioned, and shall execute and deliver the :two bonds required by law, within ten days (note including Sunday). from the: date of a notice to the above bounden principal, that said contract is ready for execution, then .this, obligation shall become null and void, other•~vise it shall be and remain in full lorcw and e~~ect. 13 ~T~SS ~R~GF, we have hereunto set our hands and seals -this _~______day Seal) c (Seal) (Seal} (Seal.} (Scat ) 1 . • ~c~o~uJ~~c~~~'J11~ t1~i~ proposal i~. . 1 (I~ ~T1 C,L . 1 l~~e~ t tlltr• «ol cl:~ c'a~lt cashier b c1~ecL, certf- fiec~ c1ieL•~:,'' ot~ "~itlfler's bt~nci," a~ tl~e case ina`• be}, in amount e+gual to at leugt tell ~~c~t~t,~t:nt of tfy~~ total of tliP l}icl. Tf~e t~aulr~ of ail i,e~•~ona illterc~tite~ iu the foreduiv~ 1~raPo~a1 ae prin• ' cipuls are a$ follows: j If bidder o~• other interested person is a cor- Ir~ artcmt ~ ot~~e orat a p ion, st to 1eoaI name of corporation, also names o:f the president, secretary, treasurer, and rnana~er thereof; if a copart~nersfiip, state true na:rn~ of firm, also names of all individual conart- ners composing firm; if bidder or other interested pe~rso~S is an individual, . slate (first and last names m fu11. . ..e.... ..................•...e.e•..•.....•.e•....e..e.o.........•e.•....•e..•s................ r.. •.~.................•.•..•..........~......o.e...o.e....se.....ee.o...o.........o.....er'.....ee......... ....................o...... . _ ..~.~.~.-...e~.........•..•..........0....~.....,...e.•.e•..o.e.e.•....e*o.o...o.oeo.e.•~....e.........s Licensed in accordance with an act providing for the registration of Contractor's License No........• ..........s....ee..oe.e.o..oe.e... o..0.........1 .......e. 0.... • .e SIGN .....eae••. •.......ee.e.e a. e.. e.oesee..mo.ora e.~.......... HERE ............•....•..•........•........•........e..............e..........c..........e........... Signature of Bidder N47F--i# bl4dot to o ca.rpotattoa, Itit 1+~s1 oam~ od tho c~otpota~itoe ~hoN be aft forth abo~• logelbet wtta td~ t~goaluce al tht ottltet et ottl.cttt qutAcrl:e0 to ttga e:~htratte oo b~balt •t the totpo.tat~oa. ble.der !t a icpcttoftthlp. tht true `nam~o of rh® fitrro iSaJ! ao, Lei brth c~o~o togelhet *+tth tba ilq~elutt of ttte porto~r at parbera ovtbottsed to ttgp cootraca~ la b~Dctt o8 tro copartoorrhlp: ono I! blddet ts: a8 ladtrt4e~n1, rt~oatue~ ~t~.dll ts~ plaraQ abo.vf~ fl aigaature ~ . DY ago oq~est. other lhaa ~n attl:ert of o cerpotvtioo. of ®ctttrttiD~t of a 'port®awh~pe ®Po«ee.t of AtioroeY rnvot bs oo CtJ~. v~tt6 the Cltw C1~ttc of tb• C1t~ at 1®ker~h~id pP~or t® opewoq btda of ~te~tnitt~d Mtl1 !ho b14. otbew~~oa tDi b18 e•U!-boo df~.regaed~ 88 Itrmqulat ood uo~uth~et~od. Business address.e......••a.o..••..r.~.....e.e...e.•.•.•ae....e.e..oo.se.•.•.soo..oo...............po...e....a...s. Place of residence...e..........e..e.......ae.~...o...•oaosoo...e0ooe.....eoo.o....oo.o.om..oeoso.o..o.. TJated ................................e..oo.ooeeaoo.o•e, Jl.V.o.meeo.... I.~.S~lLi113 TRAFFIC SIGNAL SYSTEM ON HUGHES LANE AT PACHECO ROAD SUBCONTRACTOFS AND MATERIAL SUPPLIERS rnr - - r~~r~~ 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 MATERIAL SUPPLIERS Pipe A.C. Base Manhole Frames & Covers D1 HU.PA.39 TRAFFIC SIGNAL SYSTEM ON HUGHES LANE AT PACHECO ROAD [To be completed by the Contractor, if he elects to substitute securities in lieu of retentions . Installing traffic signal and lighting system ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION THIS ESCROW AGREEMENT is made and entered into by and between whose address is hereinafter called "Owner", whose address is hereinafter called "Contractor" and whose address is ► hereinafter called "Escrow Agent". For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: 1. Pursuant to Section 4590 of Chapter 13 of Division 5 of Title 1 of the Government Code of the State of California, Contractor has the option to deposit .securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for in the amount of dated (hereinafter referred to as the "Contract"). When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within ten (10) days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of , and shall designate the Contractor as the beneficial owner. 2. The Owner shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent hold securities in the form and amount specified above. Dl HU.PA.40 1 Y~ 3, Alternatively, the Owner may make payments directly to Escrow Agent + in the amount of retention for the benefit of the Owner until such time as the escrow created hereunder is terminated. 4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the escrow account. These expenses and payment terms shall be determined by the Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven (7) days' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. 8. U n receipt of written notification from the Owner certifying - r ~r. has cc~m . 1. i_ec~ that 1-.hc Contract t.s f. anal, anc~ cc~m~l,ete, anc~ that the Cont .act ~ with all requirements and procedures applicable to the Contract, escrow Agent: shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (4) to (6), inclusive, of this agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursen~nt of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures, are as follows: On behalf of Owner: On behalf of Contractor: rw~~r~~ Title Title Name Name Dl HU.PA.41 2 On behalf of Escrow Agent: . Title Name Signature Address At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the .date first. set forth above. Owner Contractor err .Title Title Name Name .r..r.~ Signature Signature D1 HU.PA.42 3 F. SAMPLE SAMPLE CONTRACT N0. TRAFFIC SIGNAL SYSTEM ON HUGHES LANE AT PACHECO ROAD CITY OF BAKERSFIELD~ THI5 AGREEMENT, made and entered into this day of , 1988, by and between. the CITY OF BAKERSFIELD, a municipal corporation, hereinafter called "City, " and , hereinafter called "Contractor"; WITNESSETH: WHEREAS, City has duly advertised for sealed proposals for traffic signal system on Hughes Lane at Pacheco Road, within the City of Bakersfield. On the day of 1988, the contract was awarded to Contractor upon his properly executed bid; and WHEREAS, one of the conditions of said award required a formal contract to be executed by and between City and Contractor. NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: .ARTICLE I Contractor agrees to furnish supplies, equipment, labor and materials for traffic signal system on Hughes Lane at Pacheo Road, within the City of Bakersfield. ARTICLE II The following shall be deen~d 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. D1 HU.PA.43 -1- I IN WITNESS WHEREOF, the parties hereto have caused this Agre~n~nt to be zxecuted, the day. and year f first--above written, _E CITY OF B~~ERSFIELD BY Mayor APPROVED AS TO FORM: By City Attorney CO1J~ITERS IC~1ED: By Finance Director ~1~~ME OF CON`T'RACTOR) By .Contractor r ~2' Contractl 1 w r, , is F i~ 1