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1988 Special Provisions Project Truxtun Ave
COPY NO. CITY OF BAKERSFIELD CALIFORNIA SPECIFICATIONS INFORMATION TO BIDDERS SPECIAL PROVISIONS BID PROPOSAL FOR Y _ MODIFICATION OF TRAFFIC SIGNAL SYSTEM ON § § TRUXTUN AVENUE AT ~~Qr~ STREET § § ~g BID OPENING DATE: § § MAY, 26 , .1988 DEPARTMENT OF PUBLIC WORKS CITY OF BAKERSFIELD, CALIFORNIA 1501 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 98301 PRJ~~177 ~ D30 Truxtun BJD:mrO CITY OF BAKERSFIELD DEPARTMENT OF PUBLIC WORKS NOTICE TO CONTRACTORS SEALED PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasing Officer, City Hall, 1501 Truxtun Avenue, Bakersfield, California, until Z:OO o'clock P.M. on MAY 26`; 1988 to be publicly opened and read immediately thereafter, for the following work: MODIFICATION OF TRAFFIC SIGNAL SYSTEM ON TRUXTUN AVENUE AT "Q" STREET Plans and specifications, and forms of proposal, bonds, and contract, may be obtained at the office of the Purchasing Officer by posting a refundable deposit of ZERO DOLLARS -0- ) for each complete set. Re-fund of deposit will be made provided the plans and specifications are returned to the Purchasing Officer within ten (10) days from date of-bid opening and the documents are in reasonable good condition. No bid will be considered unless it is' made on a proposal form furnished by the Purchasing Officer, which appears herein immediately following the speci- fcations of the-project, and is made in accordance with the provisions set forth under Section 2, "Proposal Requirements and Conditions" of the Standard Specifications of the. Department of Transportation, Business & Transportation Agency, State of California, underdate of July, 1984. Each bid must-be accom- paned by a proposal guarantee in accordance with the requirements of article 2-1.07 of the said Section 2 of the Standard Specifications. The City of Bakersfield reserves the right to reject any or all bids. Bids are required on the entire work described herein. Substitution of securities for moneys retained to ensure performance shall be permitted pursuant to the provisions and requirements of Government Code 4590. The eligible securities include interest bearing demand deposit accounts, standby letters of credit, or any other security agreed to by the Contractor and the City of Bakersfield... The request for substitution of securities to be deposited shall be submitted on .the form entitled "Escrow agreement for Security Deposits in Lieu of Retention" included in the back of these special provisions. The Contractor must possess a valid Class A or a Class C-10 Contractor's License at the dime this contract is awarded. SPECIFICATIONS: The-work embraced herein shall be done in accordance wi h the Standard Specifications of the Dzpartment of Transportation, Business and Transportation Agency, dated July, 1984, insofar as the same may apply and in accordance with the following provisions. D3O Truxtunl -1- BD:mro PROGRESS OF THE-WORK AND TIME FOR COMPLETION, Attention is directed to the provisions of Section 8-1,03, "Beginning of Work," Article 8-1,Ob, "Time of Completion" and Article 8-1,07, "Liquidated Damages," of the Standard Specifications, and is specifically hereby made a part of these special provisions, The first paragraph of Section 8-1,03, "Beginning of Work," of the Standard Specifications, is amended to read: The Contractor shall begin work within fifteen ~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 first. Full compensation for conforming to the requirements of above paragraph shall be considered as included in the prices paid for the various items of work and. no additional allowance will be .made therefor. D30 Truxtun2 -2- BD:mro - CITY OF BAKERSFIELD, CALIFORNIA DEPARTMENT OF PUBLIC WORKS ^1 SECTION 1. PROPOSAL REQUIREMENTS (a) GENERAL INFORMATION. The Purchasing Officer of the City of Bakersfield, California, will receive at her office, City Hall, in said City, until 2 o'clock P.M. on MAY 2b 1988 sealed proposals for ~z~ , MODIFICATION OF TRAFFIC SIGNAL SYSTEM ON TRUXTUN AVENUE AT "Q" STREET (b) PROPOSAL FORM. All proposals must be made upon blank forms to be obtained from the Purchasing Officer, the form of which appears herein immedi- ately following these specifications. All proposals must give the prices pro- posed, both in writing and figures, and. must be signed by the bidder,. with his address. If the proposal is made by an individual, his name and post office address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown., If made by a corporation, the proposal must show the names of the state under the ..laws of which the corporation was chartered and the names, titles, and busi- ness addresses of the president, secretary and treasurer. (c) BIDDER'S GUARANTEE. All bids shall be presented.under.sealed cover and shall be accompanied by a certified check or bid bond made payable to the City of Bakersfield, for an amount equal to at least ten percent (10% of the amount of said bid, and no bid shall be considered unless such certi- fied check or bid bond is enclosed therewith. (d) RETURN OF BIDDER'S GUARANTIES. Within ten (10) days after the award of the contract, the City of Bakersfield. will return the.. proposal guaranties accompanying such of the proposa~.s as are not to be considered in making the award. A11 other proposal guaranties wi l be held. until the con- tract has been finally executed:, after which they will be returned to the respective bidders whose proposals they accompany. (e) CONTRACT BONDS. The Contractor shall furnish two good and suffi- cient bonds. One of the said bonds shall guarantee the faithful performance. of the said contract by the Contractor and. shall be in an ,amount equal to one hundred percent (100%) of the contract price. The other of the said bonds shall be in an amount of fifty percent (50%} of the contract price and shall be furnished as required by the terms of an act entitled: "An act to secure the payment of the claims of persons employed by contractors-upon public works, and the claims of persons who furnish materials, supplies, teams, implements, or machinery used or consumed by such contractors in the performance of such works, and prescribing the duties of certain public officers with respect thereto," approved May 10, 1919, as amended. Forms of bonds required may be obtained at the office of the City Attorney. D30 Truxtun3 -3- BD:mro Whenever any surety or sureties on any such bonds, or on any bonds required by law for the protection of the claims of laborers and material men, become insufficient, or the Mayor has cause to believe that such surety or sure- ties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that origi- nally required, as is considered necessary, considering the extent of the work remaining to be done. Thereafter no payment-shall be made upon such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished. (f} REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES OR m IRREGULARITIES.. Proposals maybe rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, era- sures or irregularities of any kind. Proposals in which the prices obviously are unbalanced may be rejected, The right is reserved to .reject any and all proposals,. (g} AWARD OF CONTRACT. The award of the contract., if it be awarded, will be to the lowest responsible bidder,, The language "responsible" refers to not. only the attribute of trustworthiness, but the quality, fitness and capacity of the low bidder to satisfactorily perform the work, . The award of the contract will be made within forty-five (45) days after the opening of the proposals unless extension is approved by the lowest responsible bidder. (h) EXECUTION OF CONTRACT. The contract shall be signed by the successful bidder and returned, together with the contract bonds within ten (10) days, not including Sundays, after the bidder has received notice that the contract has-been awarded. No proposal shall be considered binding upon the City until the exec-ution of the contract. All contracts shall be considered as being made and entered into in the City of Bakersfield, California. Failure to execute a contract and file acceptable bonds as provided herein within ten (10) days, not including Sundays, after the bidder has received notice that the contract has been awarded, shall be just cause for the cancellation of the award and-the forfeiture.of the proposal guaranty. (i) EXAMLNATIONS OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK. 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 .contract. It is mutually agreed that the submission of a proposal shall be considered prima-facie evidence that the bidder has made such examination. D30 Truxtun4 -4- BD;mro SECTION 2. SCOPE OF WORK s (a} WORK TO BE DONE.. The work to be done consists of furnishing all Labor, materials, methods and processes, 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, addi- Lions or .omissions, in the plans and specifications, may be made and the same shall in no way affect or make void the contract. The City of Bakersf-field reserves the right to increase or decrease the quantity of .any item or portion of the.. work, or to omit portions of the work as may be .deemed necessary or expedient by the Engineer. (c) EXTRA WORK. New and unforeseen work will be classed as extra work when such work cannot be covered by any of the various items or combination of items for which there is a bid price. The contractor shall do no extra work except upon written order from the Engineer. For such extra work the contractor shall receive payment as pre- viously agreed upon in writing, or he shall be-paid on .force account.. (d} REMOVAL OF OBSTRUCTIONS. The contractor shall remove .and dispose of all structures, debris, or other obstructions or any character of the con- struction.of the street or road, if and as required by the Engineer. The contractor shall remove and dispose of all trees designated by the Engineer as obstructions. to the proper completion of the work. The removing and disposing of all obstructions to the prosecution of .the contract, unless otherwise specified, shall be considered as included in the various items of contract work and no additional compensation w-ill be allowed therefor. (e} FINAL CLEANING UP. Upon completion and before making application for acceptance of the work, the contractor shall clean the street or road., bor- row pits, and all ground occupied by him in connection with the work, of all rubbish, excess materials, temporary structures, and. equipment; and all parts of the work shall be left in a neat and presentable condition. SECTLON 3. CONTROL OF THE WORK (a) .AUTHORITY OF THE ENGINEER.. The engineer shall dec-fide any and all questions which may arise as to the quality or acceptability of materials fur- nished and work performed, and as to the manner of performance and rate of pro- gress of the work; alI questions which arise as to the interpretation of the plans and specifications; all questions as to the acceptable fulfillment of-the contract on the part of the contractor; and all questions as to claims and compensation. D30 Truxtun5 -5- BD:mro M The Engineer's decision shall be final and he shall have executive authority to enforce and make effective such decisions and orders as the con- tractor fails to carry out promptly. (b) PLANS. All authorized alterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made of any. plan or drawing after the same has been approved by the Engineer, except by direction of the Engineer. Working drawings or plans for any structure not included in the plans furnished by the Engineer shall be approved by the Engineer before any work involving these plans shall be performed, unless approval is waived in writing by the Engineer. It is mutually agreed, however, that the approval. by the Engineer of the contractor's working plan does not relieve the contractor of any responsibility for accuracy of dimensions and details, and that the contractor shall be respon- sible for agreement and conformity of his working plans with the approved plans and specifications. (c) CONFORMITY WITH PLANS AND ALLOWABLE DEVIATION. Finished surfaces in all cases shall conform with the lines, grades, cross-sections, and dimen- sions shown on the. approved plans. Deviations from the approved plans, as may be required by the exigencies of construction will be determined in all cases by the Engineer and authorized in writing. (d) COORDINATION OF PLANS, SPECIFICATIONS, AND SPECIAL PROVISIONS. These specifications,-the plans, special provis'-ions, and all supplementary docu- merits are essential parts of the contract, and a requirement occurring in one is a binding as-though occuring in all. They are intended to be cooperative, to describe, and to provide foray complete•.work. Plans shall govern ..over specifi- cations; special provisions shall govern over both specifications and plans. City specifications shall govern over State Standard Specifications. (e) INTERPRETATION OF PLANS.AND SPECIFICATIONS. Should it appear that thee. work to be done, or any matter relative (hereto, is not sufficiently detailed or explained in these specifications, .plans, and- the special provision, the contractor shall apply to the Engineer for such-further explanations as may be necessary, and. shall conform;. to such explanation or interpretation as part of the contract, so far as may be consistent with the intent of the origi- nal specifications. In the event of doubt. or question relative to the true meaning of the specifications, reference shall be made to the City Council, whose decision thereon shall be ffinal. In the event of any discrepancy between any drawings and the figures written thereon, the figures shall be taken as correct. (f) SUPERINTENDENCE. Whenever the contractor is not present on an art of the YP work where it may be desired to give direction, orders will be given by the Engineer in writing, and shall be received-and obeyed by the superintendent or foreman in charge of the particular work in reference to which orders are given. D30 Truxtun6 --6- BD:mro (g} LINES AND GRADES. A11 distances and measurements are given and will be made in a horizontal plane. Grades are given from the top. of stakes or nails, unless otherwise noted on the plans. Three consecutive points shown on the same rate of slope must be used in common, in order to detect any variation from a straight grade, and in case any such discrepancy exists, it must be reported to the Engineer. If such a discrepancy is not reported. to the Engineer, the contractor shall be responsible for any error in the finished work, The contractor shall give at least 24 hours notice in writing when he will require the .services of the Engineer for laying out any portion. of the work. The contractor shall furnish the Engineer such facilities and labor, necessary for making and maintaining points and lines, as he may require. Payment for Labor furnished by the Contractor for such purposes is considered as included in various items of work and no additional compensation will be .allowed therefor. The contractor shall preserve all stakes and points set for Iines, grades, or measurements of the work in their proper-places until authorized to remove them by the Engineer. A11 expenses incurred in replacing stakes that have been removed without proper authority shall be paid by the contractor. (h) INSPECTION. The Engineer .shall at all times have access to the work during construction, and shall be furnished with every reasonable facility for di certainn full g knowledge respecting the progress, workmanship, and character of materials used and employed in the work. 4 Whenever the contractor varies the period during which work is carried on each day, he shall give due notice o the Engineer, so that proper. inspection maybe provided. Any work done in the absence of the Engineer will be subject to rejection, The inspection of the work shall not relieve the contractor of any of his obligations to fulfill the contract as prescribed. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the Engineer and accepted or estimated for payment. Projects financed in whole or in part with State funds shall be subject to inspection at all times by the Director of Public Works., or his agents. (i) REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK. All work which is defective in its construction or deficient in any of the 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. Any work done beyond the lines and grades shown on the plans or estab- lished by the Engineer, or any extra work done without written authority, will be considered as unauthorized and will not be paid for. Upon failure on the part of the contractor to comply forthwith with any order of the Engineer made under the provisions of this article., the ,Engineer shall have authority to cause defective work to be remedied, or removed and replaced, and unauthorized work to be removed, and to deduct the costs thereof from any monies due or to become due the contractor. D30 Truxtun7 -7- BD:mro (j) FINAL INSPECTION. Whenever the work provided and contemplated by the contract shall have been satisfactorily completed and the final cleaning up performed, the Engineer will make final inspection, SECTION 4. CONTROL OF MATERIALS (a) SAMPLES AND TESTS. At the option. of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before deliv- ery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted °by the contractor or producer of all materials to be used in the work, for test- . ing or examination as desired by the Engineer. All tests of materials furnished by the contractor shall be made in accordance with commonly recognized standards of national organizations, and such special methods and tests as are prescribed in the specifications. The contractor shall furnish such samples of materials as are requested by the Engineer, without charge. No material shall be u ed until it has been approved by the Engineer. Samples will be secured and tested whenever necessary to determine the quality of material. (b) DEFECTIVE MATERIALS. All materials not conforming to the. requirements of these specifications shall be considered as defective, and all such materials, whether in place or not., shall be rejected and ..shall be .removed immediately,. from the site of the work unless otherwise permitted by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used until approved in writing by the Engineer. Upon failure on the part of the contractor to comply with any order of the Engineer made under the provisions of this article, the Engineer shall have authority to remove: and replace defective material and to deduct the cost of removal and reelacement from and monies due or to become due the contractor. SECTION 5. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC (a) LAWS TO BE OBSERVED. The contrac-tor shall keep himself .fully informed of all existing and future State and National laws and all municipal ordinances and. regulations. of the: City of Bakersffield which in ..any manner affeet those engaged or employed in the work,. or the materials used in the .work,.. or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. (b) HOURS OF LABOR. The contractor shall forfeit, as penalty to the City of Bakersfield, Ten Dollars (.$10.00) for each laborer, workman, or mechanic employed in the execution of the contract by him, or by any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor in violation of the provisions of Section 1810 to Section 1815, inclusive, of the Labor Code. D30 Truxtun8 -S- BD:mro {c} The contractor shall comply with Section 6105 of the Labor Code which provides that the contractor's responsibility shall be as follows: If the contract price for the project includes an expenditure in excess of twenty-five thousand dollars ($25,000) for excavation of any trench or trenches five feet or more in depth, the contractor or his subcontractor shall not begin any trench excavation unless a detailed plan., showing the design of shoring, bracing, sloping or other provisions to be made for worker protection during the excavation of the trench, has been submitted by the contractor to the City Engineer and the detailed plans has been approved by the City Engineer. If such plan varies .from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer. Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders of the Division of Industrial Safety. Noth-ing in this section shall be construed to impose tort liability on the award-ing body or any of its employees.. The terms "public works" and "awarding body", as used in this section, shall have .the same meaning as in Labor Code Sections 1720 and 1722 respectively. (d} EQUAL EMPLOYMENT OFPO~TUNITY. During the performance of this contract the Contractor agrees as follows: (1} The contractor will not discriminate against any employee or applicant for employment because of race, ,creed, color, sex, or national origin. :..The Contractor will takeoffirma- 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 t-ransfer; recruitment or recruitment advertising; layoff or ter- urination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in .conspicuous places, available to employees and applicants for employment, notices to be provided setting forth .the provisions of this non- discrimination clause. (2) The Contractor will, in all solicits ions or advertisements. for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considers- Lion for employment without regard to race, creed, color, sex, or national origin. D30 Truxtun9 -9- BD:mro (3) The Contractor will send to each labor union or representa- five of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the labor .union or workers' represen- tative of the Contractor's 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 provisions of Executive Order No. 11246 as amended by Executive Order 11375, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) PREVAILING WAGE. The Contractor shall, as a penalty to the City of Bakersfield, forfeit $25.00 for each calendar day or portion thereof, for each caorkman 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 1710 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- sification or type of workman needed to execute the contract, are on file in the _ office of the Directo-r 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. _ (g) REGISTRATION OF CONTRACTORS. Prior to award., Contractors shall be licensed in accordance with the provisions of Section 7055 of Business and Professions Code. (h) ~ PERMITS AND LICENSES. The Contractor shall procure all permits and licenses, pay all charges and fees, and give. all notices necessary and inci- dental to the due and lawful prosecution of the work. (i) PATENTS. The Contractor: shall assume all responsibilities aril- ing from he use of patented materials, equipment, devices, or processes used o~ or incorporated in the work. (j) PUBLIC CONVENIENCE AND SAFETY. The Contractor shall so conduct his operations as to cause the least possible obstruction and inconvenience to public ,traffic.. Unless other existing streets are stipulated in the special provisions to be used as detours, all traffic shall be permitted to pass through the work. Residents along the road or street shall be provided passage as far as practicable. Convenient access to driveways, houses and buildings along. the road or street shall be maintained and temporary crossings shall be provided and maintained in good condition. Not more than one cross or intersecting street or road shall be closed at any time without the approval of the Engineer. D30 Truxtunl0 -10- BD;mro The Contractor shall furnish, erect, and maintain such fences, barriers, lights, and signs as are necessary go give, adequate warning to the public at all times that the improvement is under the construction and of any dangerous conditions to be encountered as a result thereof, and he shall also erect and maintain such warnings and directional signs as may be furnished by the City. Full compensation for conforming to the provisions of this Section 5 (j} shall be considered as included in the prices paid for the various contract .items of work and no additional compensation will be allowed therefor. (k) RESPONSIBILITY FOR DAMAGE. The City of Bakersfield, the City Council, or the Engineer shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof; or for .any material or equipment used in performing the work, or for injury or damage to any person or persons, either workmen or the public; or for damage to adjoining property caused by the negligence of Contractor or one of his subcon- tractors during the progress of the work at any time before final acceptance. The Contractor shall indemnify and save harmless the City of Bakersfield, the City Council, and the Engineer from any suits, claims, or actions brought by any person or persons for or on account of any injuries or damages sustained or arising in the construction of the work or in consequence thereof.. (l) CONTRACTOR'S RESPONSIBILITY FOR WORK. Except as provided above, until the formal acceptance of the work by the City Engineer, the Contractor shall have the charge .and.. care thereof and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from thenon-execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work occasioned by and of the :above. causes before final accep- tance and shall bear the expense thereof, except such injuries or damages occa- sinned by acts of, the Federal Government or the public enemy.. (m) N4 PERSONAL LIABILITY. Neither the City Council, the Engineer, nor. any other officer or authorized assistance or agent shall be personally responsible fore any liability arising. under the contract. (n) RESPONSIBILITY OF CITY. The City of Bakersfield shall not be held responsible for the care or protection of any material or parts of the work prior to final acceptance, except as expressly provided in these specifications. SECTION 6.0 PROSECUTION AND PROGRESS (a) SUBLETTING AND ASSIGNMENT. The Contractor shall give his per- sonal attention to the fulfillment of the contract and shall keep the work under his control. Subcontractors will not be recognized as such, and. all persons engaged in the work of construction will be considered as employees of the Contractor, and .their work shall be subject to the provisions of the contract and specifications. D30 Truxtunll -11- BD:mro Where a portion of the work sublet by the Contractor is not being pro- secuted in a manner satisfactory to the City Engineer,. the subcontractor shall be removed immediately on the requisition of the City Engineer and shall not again be employed on the work. (b) The Contractor shall diligently prosecute the work to completion before the expiration of the permitted number of working days or calendar days as specified on Page l of this specification. (c) CHARACTER OF WORKMEN. If any subcontractor or person employed by the Contractor shall fail or refuse to carry out the directions of the Engineer or shall appear to the Engineer to be incompetent or to act in a disorderly or improper manner, he shall be discharged .immediately on the requisition of the Engineer, and such person shall not again be employed on the. work. (d) TEMPORARY SUSPENSION OF WORK. The Engineer shall have the authority to suspend the work wholly or in part, for such period as he may deem necessary., due to unsuitable weather, or to such other conditions as are consid- erect unfavorable for the suitable prosecution of the work, or for such time as he may deem necessary, due to the failure on the part of the Contractor to carry out orders given, or to perform any provisions of the work. The Contractor shall immediately obey such order of the Engineer and shall not resume the work until ordered in wr-ring by the Engineer. (e) TIME OF COMPLETION AND LIQUIDATED DAMAGES. It is agreed by the .parties to the contract that in case all the work called for under the contract is not completed before or upon the expiration of the time limit 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 to the City of Bakersfield the sum of Two Hundred dollars ($200.00) per day for each and every calendar day's delay beyond the time prescribed to complete. the work; and the Contractor agrees to pay such liquidated damages as heren`provided, and in case the same. are not. paid, agrees. that the City of Bakersfield may deduct the amount thereof .from any money due or that mad 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 haue the right to extend the time for com~- pletion or not, as may seem best to serve the interest of the City; and if it decides to extend the time limit for the completion of the contract, it shall further have the right to charge to the Contractor, his heirs, assigns or sure- ties, and to deduct from the final payment for the work, all or any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, except that-the cost of final surveys. and preparation of final estimate shall not be included in such charges. D30 Truxtunl2 -12- BD:mro The Contractor shall not be assessed with liquidated damages nor the cost of engineering and inspection during any delay in the completion of the work caused by acts of God or of the public enemy, acts of the City, fire, floods, epidemics, quarantine restrictions, strikes, freight. embargoes, and unu- sually severe weather or delays of subcontractors due to such causes; provided that the Contractor shall within ten (10) days from the beginning of any such delay, notify the Engineer in writing of the ,causes of delay, who shall ascer- tain the facts and the extent of the delay, and his findings of the facts thereon shall be final and conclusive, (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 respect to prosecute the work with the diligence and force specified and intended in and by the terms. of the contract, notice thereof in writing will be served upon him, and should he neglect or refuse to provide means for a satisfactory compliance with the contract, as directed by the Engineer, within the time specified in such notice, the City Council in any such case shall have the power to suspend the operation of the contract, Upon receiving notice of such suspension, the Contractor shall discontinue said work, or such .parts of it as the City Council may designate. Upon such suspension, the Contractor's control shall terminate, and thereupon the City,Council, or its duly authorized representative, may take possession of all or any part of-the Contractor's materials, tools, equipment, and appliances upon the premises, and use the same for the purpose of completing said contract, and hire such force and buy or rent such additional machinery, tools, appliances and, equipment, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the ,proper conduct of the work and for the completion thereof; or may employ other parties to carry the contract to completion, employ the neces- sary workmen, substitute other machinery or materials, and purchase the materi- als contracted for, in such. manner as the City Council may deem proper; or the City Council may annul and cancel the. contract and re-let the work or any part thereof, Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor-:and his sureties, who will be liable therefor. In the event of such-suspension, all money due the Contractor or retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the contractor or his sureties from liability or failure to fulfill the contract. The Contractor and his sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from.the suspension of the. operat-ions of the contract and the completion of the work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all juste claims for. such completion have been paid. In the determination of the question whether there has been any such.- non-compliance with the contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the contract. (g) RIGHT OF WAY. The right of way for the work to be constructed will be provided by the City. The Contractor shall make his own arrangements, and pay all expenses for additional area required by him outside of the limits of right of way unless otherwise provided in the Special Provisions. D30 Truxtunl3 -13- BD:mro SECTION 7. MEASUREMENT AND PAYMENT . (a) EXTRA AND FORCE ACCOUNT WORK. Extra. work as hereinbefore defined, when ordered and accepted, shall be paid for under a written work order in accordance with the terms therein provided. Payment for extra work will be made at the unit price or lump sum previously agreed upon by the Contractor and the Engineer, or by force account. If the work is done on force account the Contractor shall receive the actual cost of all material furnished by him as shown by his-paid vouchers, plus fifteen percent (15%), and for all .equipment and teams that are necessary he ,shall receive the current prices in the locality, which shall have been previ- ously determined and agreed to in writing by the Engineer and by the Contractor, plus fifteen percent (15%) and for all labor that is necessary he shall receive- the current prices in the locality, plus twenty percent (20% }provided, however, that the City reserves the right to furnish such materials required as it deems expedient, and the Contractor shall have no claim for profit on the cost of such materials. The price paid for labor shall include all payments imposed by State and Federal laws for all payments made to, or on behalf of, the workmen, other than actual wages. All .extra work and -force account shall be adjusted daily upon report sheets, prepared by the Engineer, furnished to the Contractor and signed by both parties, which daily reports shall thereafter be considered the true record of extra work or force account work done. (b) PROGRESS PAYMENTS. The Contractor shall, once i,n each month, submit for approval, an estimate in writing to the City Engineer of the total amount of work done by the Contractor., to the time of such estimate, and the value thereof, The City of Bakersfield shall retain ten percent (10%) of such estimated value of the work done as part security for the fulfillment of the contract by the Contractor, and shall monthly pay to the Contractor, while carrying on the work,, the balance not stained, as aforesaid, after deducting therefrom all .previous payments and all sums to be kept or retained. under the.. provisions of -the contract. No such estimate or payme t shall be required to be made,, when in the judgment of the City Engineer the work is not. proceeding in accordance with. the provisions of the contract, or when in his judgment the total value of the work done since the last estimate amounts to less than Three Hundred Dollags ($300.00). (c) FINAL PAYMENT. The. City Engineer shall, after the completion of the contract, make a final estimate of the amount of work-done thereunder, and the value of such work, and. the City of Bakersfield shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under .the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment.. The final payment shall not be due and payable until the expiration of thirty (30) days from the date the "NOTICE OF COMPLETION" is recorded. at the County Recorder's Office. D30 Truxtunl4 -14- BD:mro - It is ,mutually agreed between the parties to the contract that no cer- tificate given or payments made under the contract, except the final certificate or final payment, shall be conclusive evidence of the performance of the contract, either wholly or in part, against any claim of the party of the first part, and no payment. shall be construed to be an acceptance of any defective work or improper materials. And the Contractor further agrees that the payment of the final amount due under the contract, and the adjustment and payment for any work done in. accordance with any alterations of the same, shall release the City of Bakersfield, the City Council, and the Engineer from any and all claims or lia- bility on account of work performed under the contract or any alteration thereof . (d) SUBSTITUTION OF SECURITIES. Whenever herein provision is made for withholding or retention of moneys to ensure performance, substitution of an equivalent amount.. (value) of securities shall be permitted in accordance with the provisions and requfirements of Government Code Section 4590. SECTION 8, PROVISIONS OF STANDARD SPECIFICATIONS This work embraced herein shall be done in accordance with the appropr- ate provisions of construction details, Section 10 to Section 95, "inclusive, of the Specifications entitled "State of California, Department of Transportation, Standard Specifications, July, 1.984," insofar as the same may apply, which spec- ifications are hereinafter referred to as the Standard Specifications, and in accordance with the following-special provisions. Whenever in the Standard Specifications the following terms are used, they shall be understool to mean and refer to the. following: Department of Transportation, CALTRANS - The Engineering Department of the City of Bakersfield. Director of Public Works - City Engineer, City of Bakersfield. Engineer -The City Engineer, acting either directly or through properly authorized agents,, such agents acting within the scope of the particular duties entrusted to them. Laboratory - The. designated laboratory authorized by the City of Bakersfield to test materials .and work involved in the contract. State - The City of Bakersfield. Other terms appearing in the Standard Specifications, the general provi- signs, and the special provisions, shall have the intent and meaning specified in Section 1, Definition of Terms of the Standard Specifications. In the-event that any portion of the Standard Specifications incorporated herein sh-all 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. D30 Truxtunl5 -15- BD:mro SECTION 9. INSURANCE The Contractor shall save, hold harmless and indemnify the City, its officers, agents, employees and volunteers from all claims, demands, damages, judgments, costs or expenses in law or equity that may at any time arise from or related to any work performed by the Contractor, his agents, employees or subcontractors under the terms of this agreement. In addition to any other form of insurance or bond required under the terms of this agreement and specifications, the Contractor shall procure and maintain .for the duration of this agreement the following types and limits of insurance: Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million ($1,000,000) per occurrence; and General liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons., property damage and personal injury, with limits of not less than one million ($1,000,000) per occurrence. Workers' compensation with statutory limits and employer's liability insurance with limits of not less than one million ($1,000,000) per accident. All policies required of the Contractor hereunder shall be .primary insurance as respects the City, its mayor, council, officers,:-agents, employees and volunteers and any insurance or self-insurance r~aintained by the City, its mayor, council, officers, agents, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. The automobile. liability policies shall provide coverage for owned., non-ovined and hired autos, The liability policies shall provide contractual liability coverage for the terms of this agreement. The liability policies shall contain an additional insured-endorsement in favor of the City, its mayor, council, officers,. agents, employees .and volunteers; The workers' compensation policy shall contain a waiver of subrogation endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. All policies shall contain the following endorsements: An endorsement providing the City with ten (10) days written notice of cancellation or material change in policy language or terms. D30 Truxtunlb -lb- BD:mro If any part of the work-under this agreement is sublet similar insurance shall be provided by or on behalf of the subcontractors to cover their operations. The insurance required under this agreement shall be maintained until all work required to be performed under the terms of this agreement is satisfactorily completed as evidenced by formal acceptance by the City. The Contractor shall furnish the City Risk Manager and the Public Works Department with a certificate of insurance evidencing the insurance required under this agreement, All costs of insurance required under this agreement shall be included in the Contractor's bid, and no additional allowance will be made. for additional costs which may be required by extension of the insurance policies, SECTION 10. QUANTITIES The following preliminary estimate of the quantities of work to be done and materials to be furnished are approximate only, being given as a basis for the comparison of bids, and the City of Bakersfield does not expressly or by implication agree that the actual amount of work will correspond therewith, but. reserves the right to increase or decrease the amount of any clas or portion of the work or to omit. portions of the work that may be deemed necessary or expedi- gent by the- Engineer. ENGINEER-'`S. ESTIMATE ITEM UANTITY U_ NIT DESCRIPTION 1. Lump Sum L,S. Signals and Lighting, complete and in place 2. 1,255 SQ.FT. Remove Pavement Markings D3Q Truxtunl7 -17- BD:mro SECTION 11. MATERIALS The Contractor shall furnish, for use under these special provisions, - all materials. required to complete the attached contract, except those materials provided by the City where specified in these special provisions. SECTION 12. DESCRIPTION OF WORK The general description of work is as follows: Modification of the existing traffic signal system to provide an 8-phase signal and lighting system. Said work is shown and detailed on a plan entitled: MODIFICATION OF TRAFFIC SIGNAL .SYSTEM ON TRUXTUN AVENUE AT "Q" STREET SECTION 13. GENERAL PROVISIONS. (a) PUBLIC SAFETY AND .PRESERVATION OF PROPERTY. Attention is directed to Section 7 of the Standard Specifications. The Contractor shall comply with A the provisions of this section, except as otherwise directed by the Engineer. Such provisions for public safety sh-all 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 compensation will be al~.owed therefor. (b) OBSTRUCTIONS. Attention is directed to Section 8-1.10, "Utility and Non-~iighway Facilities," of the Standard Specifications, the plans, and the special provisions. Where ;.extra work. is required by said section it shall be paid for as provided~in Section l.(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-l.ll, "Preservation of Property," and 7-1.12, "Responsb-ility for .Damage," of the Standard Specifications, the Contractor will be liable to owners of such facilities and improve-menu for any damage or interference with service. resulting from conducing his operations.. ,The exact location of underground facilities and improvements within the con- 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 maintaining services or utilities. The Contractor shall cooperate with such forces and conduct his operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by other such forces. D30 Truxtunl8 -18- BD:mro Any delay to the Contractor due to utility relocation whether or not the utility is shown or correctly located on the plans will not be compensated for as idle time. However, additional contract time commensurate with such delays may be allowed. At locations where irrigation systems exist, the Engineer will direct the Contractor. as to what steps will be required to protect the irrigation sys- tem and the area it serves. The Contractor shall replace the irrigation system as directed by the. Engineer. .Existing land subdivision monuments and stakes shall be fully .protected from damage or displacement and they shall not be disturbed unless directed by the Engineer. Attention is directed to-the fact that nuisance water may be present at alI times along the project. Lt will be the responsibility of the Contractor to provide for handling of said water and any expense involved-shall be considered as included in the prices paid for the various items of work and no additional allowance will be made therefor. Except in the case of extra work, full compensation for conforming to the requirements of this article shall be consid-eyed as included in the prices paid for the various items of work and no additional compensation will be made therefor. (c} OMISSIONS IN SPECIFICATIONS AND DRAWINGS. Any materials or work mentioned. in the specifications and no shown on the drawings or shown on the drawings and not mentioned in the specifications shall be of the same effect as if shown or mentioned. in both. Omissions from the drawings or the specifications of the materials or details of work which are manifestly or obviously necessary to carry out he intent of the drawings and specifics ions or which are customarily furnished or .performed, shall not relieve the Contractor of his responsibility for furnishing such-omitted materials or performing such omitted work; but shall be furnished or performed as if fully shown or described in the drawings or specifications. (d} MATERIALS. Whenever any material is specified by name and number thereof, such specifications shall be deemed to be used for the purpose of faci- litating description of the materials and establishing quality, and shall be .deemed-and construed to be followed by the words "o~ approved equal". No sub- sttution will be permitted other .than as described herein unless authorized by the Engineer before the bids are opened. A11 materials shall be new and the best of their class and kind. (e) ADJUSTMENT OF OVERHEAD COSTS. The provisions of Section 9-1.0$ of the Standard Specifications shall not apply to final cost of this contract and no final adjustment for overhead costs will be made. D30 Truxtunl9 -19- BD:mro (f) DUST CONTROL. It shall be the Contractor's responsibility to pre- vent a dust nuisance from originating from the site of the work as a result of his operations during the effective period of this contract. Preventative mess- ures to be taken by the Contractor shall include but shall not be limited to the following: 1. Water shall be applied to all unpaved areas as required to prevent the surface from becoming dry enough to permit dust 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 not relieve the Contractor from his responsibility for dust control. as set forth herein. Full compensation for conforming to the requirements of this article shall be considered as included in the prices paid for the various contract items. of work and no additional compensation will be allowed therefor. (g) WATERING. Furnishing and applying water shall conform to the pro- visions of Section 17 of the Standard Specifications, except that full compensa- tion therefor shall be considered as included in the prices paid for the various contract items and no separate payment will be made therefor.,. (h) LABOR CLASSIFICATION. No contractor employee shall be allowed to perform work outside his or her prevailing wage trade. classification as defined by the California Department of Industrial Relations. ALTERATIONS IN .QUANTITY OF WORK. The provisions of Section 4-1.03B, 4-1.03B(-1 and 4-1.438(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. wORK IN CITY STREETS. A11 of the work shown on the plans and included in these specificat-ions 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- ments of the City Engineer and Superintendent of Streets of the City of Bakersfield and shall conduct his operations in compliance therewith. (k) 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. D30 TruxtunZO -20- BD:mro (1) MAINTAINING TRAFFIC. Attention is directed to Sections 7-1.08, v "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 forth in the current "Manual of Traffic Controls - Warning .Signs, Lights, and Devices for Use in Performance of Work Upon Highways," published by the State of California, Department of Transportation. Application and use of devices shall be as specified and as directed by the Engineer. The Contractor shall keep the Bakersfield Fire Department informed at all times as to the exact location .and progress of the work and shall notify them immediately of any streets impassable for fire fighting equipment. The full width of the traveled way shall be open for-use by public traffic un Saturdays, Sundays and. designated legal holidays, before 8:30 A.M. and after 4:OO 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 bast- Monday in May,. July.4th,. the ffirst Monday in September, Noy-ember 11th, Thanksgiving Day, and December 25th. When a designated legal holiday falls on a. Sunday, the following Monday shall be a designated legal holiday. When November 11th falls on a Saturday, the preceding Friday s-hall be a designated legal holiday. Personal vehicles of the Contrac or's employees sh-all not be parked on the roadway at any time, including-.any section closed to public traffic. When entering or leaving roadways ..carrying public traffic, the Contractor's equipment, whether empty or loaded, shall. in all cases yield to public traffic. The provisions in-this section may be modified or altered if, in the opinion of the Engineer, public traffic will be better served and work expe- dited. Said modifications or alterations shall not be adopted until approved in writing by the .Engineer. The prices paid for the various contract items of work shall be con- sidered as full compensation, for complying with the. provisions of this Section 13(k) Maintaining Traffic, and no additional payment will be made therefor. (m) -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. All striping removal shall be completed a minimum of 2 days prior to signal being placed into operation. D30 Truxtun2l -21- BD:mro when initially installed, all vehicle and pedestrian signal faces shall be aimed and covered-with cardboard or other material with an observation hole (max. 1" dia.) in front of each signal indication. The covers shall remain in place. until. all signal operations have been checked and signal is placed into operation,. Prior to commencement of the traffic signal functional tests, all items of work related to the signal control shall be completed and all signs shall be in place. (n) COOPERATIONS. The Contractors shall cooperate fully with the other Contractors performing work on the site. It is not anticipated that the work to be done by others will Seri- ously delay the Contractor's completion of the work. However, if such work does result in extraordinary delay, the Contractor may seek relief from liquidated damages as set forth in the fourth paragraph of Article b(e) of these Special Provisions. ° Full compensation for complying with the requirements of this Article 13(m) shall be considered as included in the prices paid for the various con- tract items of work and no additional allowance will be m,~de therefor. SECTION 14. SPECIAL PROVISIONS EXISTING HIGHWAY FACILITLES. 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 Baker field, Such signs and street markers shall be relocated and maintained during construction so as to convey the .same intent that existed prior to construction. Existing City highway signs and street markers shall be placed in their permanent position by the Contractor's forces prior to completion. of construction. Signs removed from the project area shall be delivered to the City Corporation Yard at 4101 Truxtun Avenue. Full compensation for ,conforming to the requirements of the two pre- ceeding paragraphs shall be considered as .included in the prices paid for the various items of work and no additional allowance will be made therefor. SECTION 15. SPECIAL PROVISIONS - TRAFFIC SIGNALS AND STREET LIGHTING (a) DESCRIPTION. Furnishing, installing and modifying traffic sig- nals 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: D30 Truxtun22 -22- BJDmro Traffic signal work is to be performed at the following locations: MODIFICATION OF TRAFFIC SIGNAL SYSTEM ON TRUXTUN AVENUE AT "Q" STREET (b) REMOVING AND REPLACING IMPROVEMENTS. Removing and replacing improvements shall conform to the provisions in Section $6-2,02, "Removing and Replacing Improvements," of the Standard Specifications and these special provisions. (c) FOUNDATIONS. Foundations shall conform to the. rovisions in P Section 86-2,03, "Foundations," of the Standard Specifications and these special provisions. The Contractor shall furnish the anchor bolts, nuts and washers to be used for new foundations and shall furnish the appropriate nuts and washers for existing foundations to be reused. Portland cement concrete shall conform to Section 90-10, "Minor Concrete," of the Standard Specifications and shall contain not less than 470 pounds of semen per cubic yard, except for pile foundations shall contain not less than 5b4 pounds of cement per cubic yard. (d) CONDUIT, Conduit shall conform to the provisions in Section 86-2,.05, "Conduit," of the Standard Specifications and these special rovisions. P Insulated bonding bushings will be required on metal conduit (e) PULL-BOXES. Pu11 boxes shall conform to the rovisions in P Section 86-2,06, "Pull Boxes,," of the Standard Specif%cations and these s ecial P provisions. Recesses for suspension of ballasts will not be required, (f) CONDUCTORS AND.WIRING.. Conductors and wrin shall conform to the g provisions in Section $6-2.08, "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 multi-conductor cable conforming to the following. shall be used: 5 Conductor cable consisting of 5 No. 14 conductors colored l each red, yellow, brown., white and black, ~9 Conductor cable consisting of l No. 12 conductor colored white and 8 No. 14 conductors colored 1 each red, yellow, brown, black red/black stripe yellow/black stripe, brown/black stripe and white/black stripe. D30 Truxtun23 -23- BJD:mro 28 Conductor cable consisting of 1 No. 10 conductor colored white and 27 No. 14 conductors colored as indicated in the following conductor table for a single ring operation. CONDUCTQR TABLE Insulation Colors Signal Phase Circuit or Function. Base Stripe I~~~ wry n~~l~lon.+~lr.~.~lr-o+l~~~~~~i~~ 2 & 6 Red, Yellow, Brown Black Vehicle 4 & S Red, Yellow, Brown Orange Signals 1 & 5 Red, Yellow, Brown Silver 3 & 7 Red, Yellow, Brown Purple i ■ ~~~Inr~l.l~.~l~ll.r FyA~I 2p & 6p Red, Brown 2 Black Pedestrian 4p & Sp Red, Brown 2 Orange Signals lp & 5p Red, Brown 2 Silver 3 & 7 Red Brown 2 Pur le 2p & by Blue B-lack Pedestrian 4p & 8p Biue Orange Push Buttons lp & Sp Blue Si ver 3 & 7 Blue Pur le Pedestrian Push Buttons White Black CQmmOn Signal White None Railroad Pre-empton. Blank Red I~II~~I~~I ~ ~ I~\ 1~ ' Spare Black None The cable sheath shall be polyethylene. and the conductor insulation shall be Type . TH1~lN polyvinyl chloride. Subparagraphs 1, 2, 4 and 5 of the first paragraph of Section 8b-2.09D, "Splicing," of the Standard Specifications are deleted. 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 Sb-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. D30 Truxtun24 -24- BJD:mro (i) TESTING. Testing shall conform to the provisions in Section 86-2.,14, "Testing," of the Standard Specifications and these special provisions. (j) SIGNAL FACES AND SIGNAL HEADS. Signal faces, signal heads and auxiliary equipment, as shown on the plans, and the installation thereof, shall conform to the provisions in Section 86-4.U1, "Vehicle Signal Faces,'' 86-4.02, ".Directional Louvers," 86-4.03, "Backplates" and 86-4.06, "Signal Mounting Assemblies," of the Standard Specifications and these special provisions. Housing, visors, directional louvers and backplates shall not be structural plastic. All lamps for traffic signal units shall be furnished by the Contractor... All signal faces shall be provided with 12-inch sections. (k) PEDESTRIAN SIGNALS. Pedestrian signals shall conform to the provisions in Section $6-4.05, "Pedestrian Signal Faces," of the Standard Specifications .and these special provisions. Pedestrian signals shall be Type C, and shall have energy efficient heads equivalent to Indicator Controls Corporation Model 4094. (1) LUMINAIRES. Luminaires shall conform to .the provisions in Section 86--6.01, "High Intensity-Discharge Luminaires," of the Standard. Specifications and these-special provisions. Luminaires shall be furnished with 2.00-watt high pressure sodium .lamps and integral ballasis. (m} PH4T4ELECTRIC CONTROLS. Photoelectric controls shall. conform to the provisions in Section 86-b.01, ''Photoelectric Controls", of the Standard Specifications and these special provisions. Each luminaire shall be provided with a Type Iv photoelectrical control. (n) CONTROLLERS, CABINETS AND AUXILIARY EQUIPMENT. The City will furnish the controller and cabinet assembly for each location. (o) DETECTORS.. Detectors shall conform to the provisions in Section 86-5, "Detectors," of the Standard Specifications and these special provisions. Location and layout of detector loops shall be as directed by the Engineer. INSTALLATION DETAILS: Installation and tests shall conform to the details and notos shown on the plans. Slots cut in the pavement shall be blow out and dried before installing inductive loop detectors. D30 Truxtun25 ®25- BJD:mro After conductors are installed in slots cut in the pavement, the slots shall. be filled with epoxy sealant conforming to .the requirements in Section 95-2.09, "Epoxy Sealant for Inductive Loops," to within 1/8 inch of the pavement surface, The sealant shall be at least l/2 inch ,thick above the top conductor in the saw cut. Before setting, surplus sealant shall be removed from the adjacent road surfaces without the use of solvents. In lieu of the epoxy sealant specified above, slots .may be filled with either of the following materials: 1, An elastomeric sealant conforming to the following: The sealant shall be a polyurethane material of a composition that will, within its stated shelf life., cure only in the presence of moisture. Sealant shall be suitable for use in both asphalt concrete.-and portland cement concrete. The cured sealant shall. have the following performance characteristics: Measuring Standard Proper yrand R:sult,s And Conditions Hardness (indentation) - b5-85 ASTM D 2240 Res. Type A, Model 1100 77° F. (25° C.} 50% relative humidity. Tensile strength ~ 500 psi, min. ASTM D 412 Die C, pulled at 20 IPM, Elongat-ion - 400%, minimum ASTM D 412 Die C, pulled at 20 IPM.- Flex at _ 40° F. - no cracks 25 mil Free Film Bend (.1.80°) aver l/2" Mandrel. weathering Resistance - Slight ASTM D 822 weatherometer 350 Hrsa Chall~ing Cured 7 days at 77° F. (25° C.) 50% relative humidity. Salt Spray Resistance - 500 psi, ASTM B I17 28 days at 100° F. (38° C.) minimum Tensile;. 400%, minimum 5% NaC1, Die C, pulled at 20 IPM. elongation Dielectric Constant - Less than ASTM D 150. 25%..change over a temperature range of -30° C. to 50° C. 2. Asphaltic Emulsion Inductive Loop Sealant shall conform to State of California Specification 8040-41A®15 (copy enclosed herein). Loop conductors shall be installed without splices and shall terminate in the nearest pull box. The loops shall be joined in the pull box in combination of series and parallel so that optimum sensitivity is obtained at the sensor unit. Final splices between loops and lead-in cable shall not be made until the operation of tie loops under actual traffic conditions is approved by the Engineer. D3.0 Truxtun2b -26~ BJD:mro All loop conductors for .each. direction of travel for the same phase of a traffic signal system, in the same pull box, shall be spliced to a cable which shall be run from the pull boy adjacent to .the loop detector to a sensor unit mounted in _ the controller cabinet. Splices to the cable shall be made in pull boxes only. All loop conductors for traffic counters shall terminate in a pull box or terminal. strip in the traffic count station cabinet when such a cabinet is installed. Conductors for inductive Ioop traffic signal and traffic counting installations shall be .identified and banded, in pairs, by lane, in the pull box adjacent to the loops and near the termination of the conductors in the controller or traffic count station cabinet. Bands shall conform to the provisions in Section 8b-2.09, "Wiring." If asphalt concrete surfacing is to be placed,. the. loop detector conductors shall be installed prior to .placing the :uppermost layer of asphalt concrete. The conductors shall be installed, as shown on the plans, in the compacted layer of asphalt concrete immediately below the uppermost layer. Installation details shall be as shown on the plans, except the epoxy. sealant shall fill the slot flush to the-surface. Detector loops in concrete. pads shall be sealed with epoxy sealant. Lead cables shall be Type A lead-ins and shall conform to the provisions in Section 86-5.O A(4), "Construction Materials," of the Standard specifications and .these special provisions. (p) PAYMENTI Payment for signals and lighting shall conform to the provisions in Sect ion 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. SECTION 16, SPECIAL PROVISIONS - SIGNS STREET .NAME. 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., sign panels, and mast arm hangers will be furnished and installed by the City. Miscellaneous Roadside Signs sha l conform to City Standard TS-4. D30 Truxtun2l -21- BJD:ffiro SECTION 17, SPECIAL PROVISIONS - GUARANTEE FOR TRAFFIC SIGNAL AND STREET LIGHTING SYSTEMS. (a) GUARANTEE, The Contractor shall furnish a written guarantee to .the-City on the form attached, guaranteeing all systems, except traffic signal lamps, installed under this contract for a period of one (1) year from the date of acceptance of the work. The guarantee, properly executed, shall be .filed, with the City before notice of completion and-final acceptance is made by the City of the work described on the plans and these special provisions. (b) PAYMENT. The lump sum prices paid. for installation of traffic signal and street lighting systems shall include full compensation for furnish- ing the guarantee as required in this section.- SECTIaN 18. SPECIAL PROVISIONS - Remove Traffic Stripes and Pavement Markings a) REMOVE TRAFFIC STRIPES AND PAVEMENT MARKINGS. Traffic stripes and pavement markings to be removed will be as shown on plans and as designated by the Engineer, Traffic stripes and pavement markings sha~.l be removed to the fullest extent possible fromthe pavement-by any method that does.: not materially damage the surface. or texture of the pavement or surfacing. Where blast cleaning is used .for: the removal of painted raffis stripes and pavement markings, the area shall be shielded so that no ma erial from the blasting operation is allowed to enter the area that. is open. to public traffic. Sand or other material deposited on the pavement as a result of removing traffic stripes, and markings shall.. be removed as the work progresses. Accumulations of sand or other material which might interfere with drainage or might constitute a hazard,, to traffic will not be permitted. Traffic stripes. shall be removed before any change is made in the traffic pattern. Blast cleaning for removal of traffic stripesshall.be feathered out to irregular and varying widths, Pavement markings shall be removed by blast cleaning a rectangular area, rather than just lettering or markings, so the old message cannot be identified. After removal of traffic stripes and pavement markings, a fog seal coat shall be applied in conformance with the provisions in Section 37, "Bituminous Seals," of the Standard Specifications and the following: In traffic stripe. removal areas, the-,fog seal coat shall be applied over the traffic stripe removal area and to irregular and varying width with an average width of 2 feet on each side of the blast cleaned traffic stripe removal area. D30 Truxtun28 -28- BJDamro r In pavement marking removal areas, the fog seal coat shall be applied to the blast cleaned rectangular area. FuII compensation for furbishing end applying fog seal coat as speci- fied herein shall be considered as included in the contract price paid per square foot for removal of traffic stripe and pavement marking and no separate payment will be made therefor. Nothing in these special provisions shall relieve the Contractor from his responsibilities as provided in Section 7-1.09, "Public Safety," of the Standard Specifications. b) ORDER OF wORK. order of work shall conform to the provisions in Section 5-1.05, ''order of Work," of the Standard Specifications and these spe- cial provisions. Pavement delineation shall be replaced by temporary delineation before opening the traveled way to public traffic. Temporary delineation shall consist of reflective traffic line tape applied in pieces not less than 4 inches long nor less than 4 inches wide spaced no more than l0 feet apart on curve nor more than 2O feet apart on tangents. Reflective traffic line tape shall be applied in accordance with the manufacturer's instructions. Temporary delineation shall be the same color as the permanent delineation. Full compensation for temporary dela.neat-ion shall be considered as included in the. prices paid for the contract. items of work that oblit-erated the existing deiineationand no separate payment will b e made there-for Pavement delineation removal shall be coordinated with temporary delin- eation so that lane lines are provided at all times on traveled ways open to public traffic . c) MEASUREMENT AND PAYMENT. Quantities of traffic stripe removed w%11 be determined by the width of the stripe plus .0.61--foot multiplied by the length of the stripe. The space between double traffic stripes will be measured as painted traffis stripe. 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 per square foot for the actual area of authorized stripe remo~ral. The contract.unit price per square foot shall include full compensation for furnishing all Iabor, materials, tools, equipment,. signs and for doing all work necessary for removing existing striping as shown on plan and as directed by the Engineer. D30 Truxtun29 ®29- ~JD:mro ;.~r 4~' ~ STATE OF CAI. I F ORN I A u ~ I Y ,~,o~ 1~ $ eCZf 1Cdt10n 804o•41A-~ ~ P 5 Asphaltic Emulsion .Inductive Loop Sealant 1.0 SOOP E This specification covers a one component, pourable sand filled, ,asphaltic emu~si-on for use in sealing inductive wire loops and 1-earls imbedded i n asphalt .and portl and cement concrete. This seal ant i s suitable for use in freeze-thaw environments. Z.o APPLICABLE SPECIFLCATIONS The ~ f o 11 owi ng sped f cat ons, test methods and standards i n effect on the opening date of the Invitation to did-form a part of this specification where referenced: American Society for Testing and Materials 02939, D2523 California~Test Method No. 434 Cal. ifornia Department of Transpor~tatian Standard Specifications 1981 State of California Specification 8010•XXX-99 In pectian, Testin and e 9 other Requ~re~ents for Protective Coatings Code of Federal Regulations, Hazardous Materials and Regulations Board, Ref. 49CFR. . 3.0 REQU I RE~IENTS 3.1 Composition- The composition of the loop sealant shall be a Sand filled, . pourable, water emulsified bitumen. It wi11 be the manufac users responsibility to produce cone-component product. to meet the properties specified herein. 3.2 Characteristics of the Sealant 3.2.1 ~ Residue by evaporation, weight percent - 70 Minir~um Use ASTM 02939 3.2.2 Ash content, weight percent 50 to 65 Use ASTM 02939 t ® ~ ~ Asphaltic Emulsion Inductive Loop Sealant 804:0-41A-15 . .3Firm set time hours 4 maximum 32 test atone hour intervals, use ASTM 02939 .3.2.4 Brookfield viscosity, Poise 50 to 125 RVT Spindle #3, 10 RPM at 15 +2oF. 3.3 -Properties of the Dried Film 3.3.1 ~ Flexibility, ~ No full depth Use ASTM D2939, except. air dry specimens to constant weight cracks a at 15 ±SoP and. 5Q +10~ relative humidity. Condition mandrel and speciments 2 hours at 15 +2oP before testa Use al u~ninum panels, 0.03 inches thick ~Q panel or equal). 3.3.2 Tensile Strength, psi., n 20 minimum cast sheets 4.25 inches thick and air dry at 15 +SoF, 50 +lp~ relative humidity for minimum of 16 hours. Load rate 0.05 inches/minute, use ASTM 02523. 3.3.3 Elongation, ~ Z.0 minimum same conditions as 313.2 use ASTM D2523 3.3.4 S1ant•shear strength to concrete, psi, ~ 150 minimum, Use Cal ifQrnia Test Method No, 434, Part VIII. Space damp with no loss blocks with 0,.025 inches between slant faces., seal sides of adhes ~ on to and bottom with tape and fi~1 with the well stirred concrete. ; sumple,~strike off the excess. Dry in 140oF oven to constant weight and condition 1 day at 15 + 2oF before testing. Load rate to be 5Q40 lbs/minute. ..3.3.5 Resistance to water No blistering, Use ASTM D2939, Al ternatiwe 8 re~emul sif ication or 1 oss of adhesion 3.4 Workmanship 3.4.1 The sealant shall be properly dispersed and any settling shall be easily redispersed with minimum resistance to the sidewise manual mo ion of a paddl a across the bottom of the container.. I t shat 1 f ortn a smooth un i f or~n product of the proper cons i tehcy. I f .the material cannot be easily redispersed due to excessive settlement as described above or due to any other cause, the sealant shall be considered unfit for use. -fie • Asphaltic Emulsion Inductive Loop Sealant 8.040-4iA-15 3,4.Z The sealant shall retain all specified properties under norms] . storage conditions for 1 Z months after acceptance and del i very. The vendor shall be responsible for all costs and transportation charges incurred in replacing material that, is unfit for use. The properties of any replacement material , as specified i n Paragraph 3.0, shat 1 remain sate sf actory for 1 Z months from date of acceptance and delivery. 3..4,3 The sealant shall comply with all air pollution control rules and regulations within. the State of California in effect. at the time the . seal ant is manufactured. 4,0 QUALITY ASSURANCE PROVISIONS 4.1 Inspection This material: shall be inspected and tested in accordance with State of California Specification 801o-XXX~99, or as otherwise deemed necessary. . . 4~.Z Sampling and Testing . Un]ess otherwise permitted by the Engineer, the material shall be sampled at the place of manufacture and ~ppl icat~ on w l 1 not be permitted until the material has been approved by the En ine~r. 9 5.0 PREPARATIQN FOR DEII~UERY 5.1 P aclc ag i ng The sealant shall be prepared in a one package system read .far • . . . y . application. The material shall be furnished ~n container size as specified i n the purchase order or contract. If ordered in 5 al l on . 9 s ~ z.e the containers s~ha 1 be new, round.,. standard f u l 1 o-pen head with bails, shall be nonreactive with the contents, and shall have compatible gaskets. The containers shall compl with the U~S. y Department of Trans~ortat~on or the Interstate Commerce Commission regulations, as applicable. 5.2 Murk i~ng . Al 1 containers of rater al shall be l abet ed showi n State 9 spec i f l cat ~ on number, manufacturers name, date of manufacture and manufacturers batch number, The manufacturer shall be responsible ,for proper sh i i n 1 abet s as . PP 9 outlined zn Code of Federal Regulations, Hazardous Materials and Regu i at ions board, Reference 49CFR . . ~3v Asphaltic Emulsion Inductive Loop Sealant 8040~41A-15 fi.0 NOTES 6.i Directions for Use Saw cuts shall be blown clean with compressed-air to remove excess water and debris. she sealant must be thoroughly stirred before use and. hand poured into the slots. Oue to the sand content of this material, pumping is not recommended. Any clean up of road surface or tools can be done with water, before the sealant sets. fi.2 Patents The Contractor shall assume all costs arisin from the use of . 9 patented ~nater~ a1 s~, eau ~ p~nent, dev ~ ces, or processes used on or incorporated in the work, and a gees to idemnif and save harmle 9 y ss the State of California, and .its. duly authorised representatives, from all s~i is at 1 aw or acti an of ever nature for. or on account y of, the use of any patented materials, equipment, devices or processes. b.3 Certificate of Comp1 lance T`he manuf acturier sha11 f urn i sh a Cert~f leafs of Corgi 1 i ance with each p batch of seal ant, ~ n accordance w~ th the prov:~5 ~ on of Sects on fi-l .01 of Cal iforn~a Department of Transportation Standard S ecifications p , January 1981. ~am GUARANTEE TRAFFIC SIGNAL EQUIPMENT CITY OF BAKERSFIELD Department of Public Works 1501 Truxtun Avenue ,Annex Building Bakersfield, California CA 93301 In accordance with the terms of Contract No. ,for the Project: MQDIFICATION QF TRAFFIC .SIGNAL SYSTEM ON ° TRUXTUN AVENUE. AT "Q" STREET awarded on ,,between the City of Bakersfield (hereinafter referred to as the City), and the undersigned, which contract prow-ides for the installation of lighting and/or traffic signal system ,and under which contract the undersigned has furnished and installed such system,. the following guarantee of the said system is hereby made. Should any of the. .equipment installed pursuant to said contract, except lighting- elements, prove defective or should the system as a whole-prove defective, due to faulty workmanship, material furnished, or method of installs- Lion, or should said system or any part thereof fail to opex°ate properly, as planned, due to-any. of the above causes, all within (1) year after date on which _ said contractis accepted by the City, the undersigned agrees to reimburse the City, upon. demand, for its expenses incurred in restoring said systems to the condition contemplated in said: contract, including the cost of say equipment or - ma erials replaced, or, upon demand by the City, to replace any such equipment and repair .said systems completely without cost to the City, so that they .will operate successfully as originally contemplated. The. City shall have the option to make any needed repairs or replace- merits itself or to have such replacements or repairs dome 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 rice- essary shall commence to be furnished and installed within Twenty-.Four (24) hours of the date-specified in the City's written notification. Contractor shall prosecute with due diligence to complete the work. within a reasonable period of time., as specified in the City's written notification. Said system will be deemed defective within the meaning of his guar- antee in the event that they fail to operate as originally intended by the m~nu- fac~urers thereof and in accordance with the plans and, specifications included in said-contract. , Date Contractor's Signature Finn BJD:mro Address D30 Truxtun33 ?ocvnShi,D ~ 1 ~C f1o~ Pad lroac~ or Property Zinc ~ e vee I~IQ~f 0~ wa~ ~l~c Wall _ Pro~eCf Cen~`erline CulVerf Pa vcm~r~f ~ ~ea~ 9 X--~-X X..--..~X Fence ~ Cade De~id~o~s 7rce Gard /Pai/ ~`vcrgreer~ -Tree Monument futures W - y~/afcr Line ~ervi ce ~°a% G - _ f as L ire f ocu~r ~b/c 0 4i L ~ ~e L7 W.M.: 1 n/a ter ~e to g 1' - - ,Bury ed Telephone Cable ~ W. V. Water 1h1 ~e p....... _ _ ~ _ ,~ur~ed f'ocver Cable ~ F N. fire ~yc~ran~ S~.. ~ Secuer Lire ~ ®Ge M. has /deter a o Aercal Wirt ~ Go V. Gas Va/t~~ ~ ~ Acrial Cab1c ~ Me He ylan/~o% (~xi5fin~~ - - - ~ 'Pole ~4r~chor CJ M.H. l~Jar~ho~e ~fu~vrc, Ufi li ~b/~ # 7eUeohor~e Fore ~ /Ylonurncrr~ ~~Xis f~' ~ ~ S free L fight OFFlCiAL RECORDS OR ~a■ ~~.ww~~~. F~VG~N~~RlNG n~~eDTiuc~~° I .a • • w • a niI dA !14 16 e 4.. V a 1 6 CHECKED PROPOSAL FOR MODIFICATION OF TRAFFIC SIGNAL SYSTEM ON ' TRUXTUN AVENUE AT "Q" STREET 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 ro- p 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 rovide all p necessary machinery, tools, apparatus and other means of construction and to doy all the~work and furnish all the materials in accordance with the .tans and s e- P p cifications for the above, filed in the office of the Finance Director of the City of Bakersfield and as specified in the contract, in the manner and time therein prescribed, and according to the requirements of the En ineer as therein g set forth, and that he will take in full payment therefor the unit prices or lump sums set forth in the following schedule: In case of a discrepancy between words and figures, the words shall .prevail; and in cane 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 C10} days, not includn g Sunday, after having received notice that the contract is ready for signature, the proceeds of the check or bid bond accompanying his bid shall become the pro- . perty of the City of Bakersfield. Bidder acknowledges receipt of the following addendum..: ITEM APPROX. ITEM WITH LUMP SUM PRICE UNIT NO. QUANTLTY WRITTEN IN WARDS PRICE TOTAL 1. Lump. Sum Lump Sum, Signals and Lighting, Complete. and in Plane, at Per lum sum 2. 1,255 Square Feet, Remove Pavement Markings, at -Per sq.ft. SIGNED Bidder TOTAL BID: $ D30 Truxtun34 Page 1 ~f I Tn.~„~,. v ~~i U 9 Litt V PROPOSAL FOR MODIFICATION OF TP.AFFIC SIGNAL SYSTEM ON TRUXTtJN AVENUE AT 01Q°t STREET To the City Clerk of the City of Bakersfield: The undersigned, as bidder, declares that the only persons. or parties interested in this proposal as principals are those named herein; that this pro- posal is made without collusion with any other person, firm or corporation; that he has carefully examined the location of the. proposed work, the annexed pro- posed form of contract and the plans .therein referred to; and he proposes and agrees if this proposal is accepted., that he Will contract with the City of Bakersfield, in the prescribed form of contract hereto annexed, to provide all necessary machinery, tools, apparatus and other means of construction and to do all the work and furnish all the materials in accordance with the plans and spe~ cifications for the above, filed in the office of the Finance Director of the City of Bakersfield and as specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefor the unit prices or lump sums set forth in the following schedule: In case of a discrepancy between words and. figures, the words shall prevail; and in ease 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 X10) days, not including . Sunday, after having received notice that the contract is ready for signature, the proceeds of the check or bid bond accompanying his bid shall become the pro- perty of the City of Bakersfield. Bidder acknowledges receipt of the following addendum: ITEM APPROX. ITEM WITH LUMP SUM PRICE UNIT N0. QUANTITY WRITTEN IN WORDS PRICE TOTAL . 1. Lump Sum Lump Sum, Signals and Lighting, Complete and in Place, at Per lum sum 2. 1,255 Square Feet, Remove Pavement Markings, at Per sq.ft. SIGNED Bidder TOTAL BID: $ T1~l1 Tr~~v1-~,.,~Ii Ann ~ n~ ~ ~TT1~„nrn J1.rV J- 1 un t.uLL%J-r L air i v L i LV 1! a LU& V c ;j y p ~~nr,~ ,an►y arN ;w~! ~ ~ ~ _.r-~►tl ~ ~ afrpy :cq~r ~ iyJh~ y+'~ ~ 7!~ a 5'~ 1~r - $ .j # ~ i ~w~• rN' ~ •,~~i deeel~T~ ~ ~ ~ S 1/"V~ Ji~'~"'? ~ ~5R C d i ~'aar K ~ ~~~t ~ece~s~ary it cash ~r ~ertitieci deck s ~~ith ~'l~~.t y~~e as principal, -and 'y F as surety, . . are held and mly 'oou~d unto tie ~~ty of 13akersf sell, a body politic and .corporate of tl,e State of ~alilornia, ;n the sum of dollars ~ ~ ~ tv be ~:aid tc~ said pity , for w~:4h payment , well and truly ~o be made ; we 3 ~i ~ ~~:r:~u}yes , A~. w~ . ex=~cutQrs and ~.r~r~inistrators , successors ar assigns , jointly and severally by J tbcse pr~senfs. d a ~~l`o~~i'~~ ~ T~IS~ C~B1J~~~Ti~I~' ~S 5~~~ ~ i y - ~ ~ ~ ~"~at t~'~e it~~": ~zn propasal, hereunto annexed, to construct certain ~NOrk ar~d srnprmvements in tl~e~~ity of Bakersfield as referred to in the Notice to Contractors attached hereto, is accepted by the Co~~~Cil of said City and if the above bounden principal, heirs, executors, administrators, suc- censors and assigns, shall duly enter into and execute a contract, to construct said imps©vements aforementioned, and shall execute and deliver tl~e two bonds required by law, within ten days {not iracludin~ Sund~.y~ from .the date of a notice to the above b©unden principal, that said contract is ready for execution, tihen this obli~+ation shall become null and void, ather•~ise it shall be and remain in full force and effect, . ~i°~ ~~'l~~j~~~~ y'~'B~B~~, we have hereunto set our hands and seals this ________day ~ 7 a {Seal) N {Seal) {Seal} (Seal) ' {Seal) . ~ccorul~a~t~•i~~~ tl~i~ proPasal is.... ...................................................................e.o l ( ti'OTI C;L : l t~~et•t tl«• ~i•ater,3ti ``ra~1~ "rast~ier'S c~iech," "certfD fiecl cl~ec•~,'' ot• "l~iclrler's twt~cl," afi tl~e case tna~• b~ee~, in amount equal to at least teii l~~~rt~nt of tl~c total of the vici. Tl,e ~ia~~t~+s of ail l~e~•5o~iti i~it~i•c~tit~~ i~~ the fore~t~iv~ I~ropo~al ae prim cipsls ai•e as follows o If bidder oc~ other interested person is a cor~ ~n o~tCm~ ~ ot~c~ oration state lemma ~ Warne o p d 1 f corporation, also names of the president, secretary, treasurer, and manager thereof o if a copartnersf~ip, state. true name of firm, also names of alI individual copart~ hers composing frmp if bidder or other interested persoi~~ is an individu~i, state f first and last narrles in f ull. .e...ee......e.....o.evo....o.oo.e...eo...e.........•.♦....o .............................e.............o....osaoo..e.ooee..ooeo.oooo ..e.a ...e....e........o.e........~.e ..................~......•.aa..•..e.............................. ooo..e-o.. o'or.ooooeo..o ...........0....0.....o...0..0.00s....e...................0.~.....01.............~ ...................1.. ....O.O.e.0.40100..00000000 • .............ee.........e......~....~..._..........e............o•.............•~.......~.....•.a.....e•..eo.ooooos...eo.oe..eoeeeo.ooe Licensed in accordance with an act providing for the registration of contractor's License No....... . _/`1.'jY ..•..a.... •e0 .e..............e...........e. •..........a.............000.. . o..e .e00. o00. o.o.eo .W 'A ~V - .......•....~.......~...0.........i........•..........1....e..~s.y0....0.o...e...mooe o.. o.OO.0e0.0 ~~o e-~ , • ~ e..e..ee....................r....~.•~.........a....a.o.....aO.e0o.0o.oO.e00...ieee O.ooo OOO.e Oee 4e Signature of bidder e . NOTE-tt bidder le a tarporatloa, lbe I.gat aarno o! tAe cotporQtloa ottatl be col tortla a~o~o logelbet wNb tb! itgo,otute at the ottlser or ottlter~o grrthor red to e.rSa toatraste oa bo~~tt et tlao tar.poratton; !2 bledet Me a Cogartcftrhlp, tAp true- Warn. o! the Nrm end) Der oet forth a.Dev® taq~ether Mtth tbo ilg8crt.ure of tbt patto.r of parln~rr author std td ~rqt~ con roct~ to be6o1B oB tDe cgptrtarrr4lpa and I! bidder Is as Iad1~IQuat. tie i0gaa~.ttrre aha l Oo plae~d obese. tt ,ogaor~r® l~ DY as agROta other IhafB otttser al a co~perattaa or m atem~Der o! a partaer~htp, a P®~oer od J~Itectl~p rtlvrt be oa file ~'ttb tts• CltY Cletlt o! tE:~ C1tY of 3akerottetQ prp®r to opealsq hld•e op ~ubmttlod s~tfb thQ bide ol~ttw't~lo ths.btd wt1D t~ dVr*gdtde4 ae lIr•quJ~e doh ~~~uBh®tt~ad. Business address . Place of residence........eoe...o.....• .............•.e...a...ea...e.o..e...e.oo.a.e.s.oes s....e.ea.e... ~ORted.o..e.ee...ee.o.. .1. •0..0.0.0.... ..0..... 0000. e.. 00..0....1/1.e, ~9o.•se...o0. ~~n~ MODIFICATION OF TRAFFIC SIGNAL SYSTEM ON TRUXTUN AVENUE AT "Q" STREET SUBCONTRACTORS AND MATERIAL SUPPLIERS 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 Irl 1.~~._~_____ Repaving ..1.~_._._~~..r.l_. , Concrete Structures MATERIAL SUPPLIERS Pipe rl r~r~~~l~rrr~llrl~-ll~~~r~u~~~ - - A.C. Base ■ - Irr~~rr~l ~~Manhole Frames & Covers D30 Truxtun35 BJDemro MaDIFICATION OF TRAFFIC SIGNAL SYSTEM ON TRUXTUN AVENUE AT "Q" STREET LIST OF SUBCONTRACTORS All persons or parties submitting a bid proposal on the project shall complete the follor~~ing form, setting forth the name and the location of the mill, shop or office of each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work or improvement. in excess of one-half of one {1%) percent of prime Contractor's total bid, and the portion of the work which will be done by each subcontractor. This list is to be completed and submitted with said bid proposal. ..The Subletting and Subcontracting Fair Practices Act (Government Code Section 4IOO et seq.) applies to all contracts except those for construction, improvement or repair of streets or highways, including bridges, and applies to ,such contracts as to the portions thereof covering street lighting and traffic signals. If a contractor fails to specify a subcontractor for any portion of the ~aork to be performed under the contract, he shall be deemed to have agreed that he is fully qualified to perform. that portion himself and that he shall perform -such portion himself, and he shall not be permitted to subcontract that portion. of the work except as authorized by Section 4109 of the California Government. Code. c DIVISION OF NAME OF SUBCONTRACTOR ADDRESS wQRK INVOLVED D30 Truxtun3b BJD:mo MODIFICATION OF TRAFFIC SIGNAL SYSTEM ON TRUXTUN AVENUE AT "Q" STREET [To be completed by the Contractor, if he elects to substitute securities in lieu of retention]. ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION THIS ESCROW AGREEMENT is made and entered into by and between whose address is , hereinafter called "Owner'', whose address is ' , hereinafter.~alled. "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 Chaptex l3 of Division 5 of Title 1 of the Government Code of the State of California., Contractor has the option to deposit securities with Escrora Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construct.-ion ..Contract entered into between the Owner and Contractor for in the amount of dated (hereinafter referred to as the "Contract")1 When Contractor deposits the securities as a substitute for Contract earnings, .the Escrow Agent shall notify the Owner within ten (ZO) days of the deposit. The market value of the securities at the time, of the substitution shall be at least equa 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. D30 Truxtun37 Page 1 of 3 BJD:mro 2. The Owner shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent hold securities in the form and amount specified above. 3. 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 far 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 sha l be subject to withdrawal by Contractor at any time and from time to tine without notice to the Owner. w b. Contractor shall. have the right to withdraw all or any part of the principal in the Escrow Account only. by written notice to Escrow Agent accompanied by written authorization from Owner to the Escrow Agent .that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The Owner shall .have a-right to draw .upon the securities in the event of default by the Contractor. upon seven (7) days' written notice to the E crow Agent from theeOwner of the default, the Escrow. Agent shall immediately convert the securities to cash and shall-distribute the cash as instructed by the Owner, 8. Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the ,Contractor has complied -with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less es-crow .fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on depositand payments of fees and charges. 9,, escrow Agent shall rely on the written notifications from the Owner and. the Contractor pursuant to Sections (4) to (b), inclusive, of -this agreement anal the Owner. and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement~of the securities. and interest as set- forth above. D30 Truxtun3$ Page 2 of 3 BJD:mro _ 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 Gontractar in connection with the foregoing, and exemplars of their respective signatures, are as follows: On behalf of Owner: On behalf of Contractor: Title Title Name Name Signature Signature Address Address r D30 Truxtun39 Page 3 of 3 r ~JD:mro SAMPLE SAMPLE COiVTRACT N0. MODIFiCATIQN OF TRAFFIC SIGNAL SYSTEM CN TRUXTUN AVENUE AT "Q" STREET (CITY OF BAKERSFIELD) THIS 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 modification of traffic signal system on Truxtun Avenue at "Q" Street, 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 modification of traffic signal system on Truxtun Avenue as "Q" Street, within the City of Bakersfield. ARTICLE II The foll-owing shall be deemed to be part of this,. contract as if fully set forth herein: 1. Information to Bidders 2. Special Provisions 3. Bid Proposal 4. Bidder's Bond_ 5. Performance Bond - 6. Material and .Labor. Bond 7. .Letters. of transmittal, if any 8. All provisions required by law to be inserted in this contract whether actually inserted or not. D30 Truxtun40 -1- BJD:mro v _ IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. CITY OF BARERSFIELD By Mayor APPROVED AS TO FORM: By ` City Attorney COUNTERSIGNED: By Finance Drec-tor NAME OF CONTRACTQR) By_ Contraetor D30 Truxtun4l ~2- BJD:mro -J