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1988 Special Provisions Project Wible Rd
COPY N0. CI~1 OF BAKERSFIELD . { (.AL~FORNIA SPECIFICATIONS INFORMATION TO BIDDERS SPECIAL PRO~r~ISIONS BID PROPOSAL FQR [ ~ TI~F~'IC SIGNAL:, S~'STEM ON ~ ~ PAC~ECO ROAD AT WIBLE ROAD BID OPENING DATE, t~iay 26, I988 9~ LEPP~~JCMENT OF PUBLIC f~RKS CITY 4F ~RSFIELD, CALIFORNIA ~5~1 'I'P~C~?~CC1N AVE~'UE B►ARERSFIEI~D, CALIFORNIA. 93301 Dl PA. ~ :wrn r: Addendum No. 1 Sheet 1 of 1 PROJECT: Traffic Signal System on Pacheco Road at Wible Road BID OPENING DATE: May 26, 1988 TIME: 2:00 PM NOTICE TO ALL CONTRACTORS BIDDING THIS 6r~RK You are hereby notified of the following changes and/or additions to the Plans and Specifications. Such changes and/or additions are hereby made a part of the Plans and Specifications and shall take precedence over anything to the contrary therein. REVISION: SPECIFICATIONS 1) Delete page 28. Note that page 25, page 26 .and page 27 were omitted from specification. 2) Insert new page 25, page 26, page 27 and page 28 supplied with this addendum NOTE: All Contractors bidding this work shall denote in their proposal that they have received Addendum No. 1 and bids shall reflect these revisions. .~i~ . ~ , De g `Engineer Purchasing Officer l:ADD.PA.WB GG:wrn P i SECTION 14. SPECIAL PROVISIONS (a) EXISTING HIGH6~JAY FACILITIES. The work performed in connection with various, existing facilities shall conform to the provisions in Section 15,~ "Existing Highway Facilities," of the Standard 5peci~fications and these special provisions. Existing highway signs and street markers shall remain the property of the City of Bakersfield. Such signs and street markers shall be relocated and maintained during construction so as to convey the same intent that existed prior to construction. Existing City highway signs and street markers shall be placed in their permanent position by the Contractor's 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. Dl PA.4VB.25 -25- GG:wrn A (b) deleted THIS PAGE BLANK ON PURPOSE l : PA. ~1B. 26 -26- (c) Imported borrow shall conform to the provisions in Section 19-7.02, "Imported Borrow," of the Standard Specifications and these special provisions. Imported borrow must be clean and free from vegetable matter and other deleterious substances and muust conform to the following requirements: Individual Moving Tests Test Method Test Results Average Sand Eq 'viu alent 217 18 min. 20 min. Resistance 30l 69 min. (R-Value) The R-Value requirements will be waived provided the imported borrow has a sand equivalent value of 25 or more. In addition to the above requirements, material .located in the upper 0.5 foot below the shoulder surface shall have a suitable gradation to produce a firm and stable surf ace. MEASUREMENT AND PAYMENT. Imported borrow will be measured by the ton. Imported borrow shall be paid for at the contract unit price per ton. Said price includes full compensation for furnishing all labor,, materials, tools, and equipn~nt and for doing all work involved in constructing the imported borrow com- plete in place, as shown on the plans and specified herein. 1: PA.6~B. 27 -27- GG: wrn o (d~ ASP~~ALT CONCRETE. Asphalt concrete shall be Type B and shall conform to the provisions in Section 39, "Asphalt. Concrete," of the Standard Specifications and these special provisions. Aggregate .for Type B asphalt concrete sha.l 1 conform to the requ i ce- ments For 1/2 .inch maximum, medium grading as specified in Section 39-2.02, "Aggregate," of the Standard Specifications. The amount of asphalt binder to be mixed with the aggregate shall be betw~:en 4 percent and 7 percent by weight of the dry aggregate as determined by the Engineer. The second sentence of the first paragraph of Section 39-6.02, "Spreading," of the Standard Specifications is amended to read: `The asphalt concrete may be spread by any mechanical means that pro- duces a surf ace texture of uniform appearance ready for compaction without further shaping. Where new asphalt concrete pavement is to conform to existing paved surf aces, the existing pavement shall be saw cut. t•~EASUREMENT AND PAYMENT. Asphalt Concrete Type "B" will be measured by the ton of completed mixtures in accordance with the provisions of Section 9-1.01, "Measurement of Quantities," of the Standard Specifications. Asphalt Concrete Type "B" will be paid for at the contract unit. price psr ton which price shall include full compensation for furnishing all labor, materials, tools and equipment and for doing all the work involved in constructing asphalt concrete of the thickness shown on the plans, complete in place, in accordance with these special provisions. Weigh tags for asphalt concrete shall be clearly marked. A weighmaster's summary sheet showing the tonnage of asphalt concrete .delivered to the job each day shall be submitted to the Engineer on the following working day. Full compensation for weighing asphalt concrete and .furnishing scale. sheets shall be considered as included in the contract unit prices paid for asphalt concrete and on additional compensation will be allowed therefor. 1: PA. ti~B. 28 -28- GG:wrn r, Addendum No. 1 Sheet 1 of 1 PROJECT: Traffic Signal System on Pacheco Road at Wible Road BID OPENING DATE: May 26, 1988 TIME: 2:00 PM w___.__ NOTICE TO ALL CONTRACTORS BIDDING THIS ti~RK You are hereby notified of the following changes and/or additions to the Plans and Specifications. Such changes and/or additions a.re hereby made a part of the Plans and 5pecif ications and shall take precedence over anything to the contrary therein. REVISION: SPECIFICATIONS 1} Delete page 28. Note that page 25, page 26 and page 27 were omitted from specification. 2) Insert new page 25, page 26, page 27 and page 28 supplied with this addendum NOTE: All Contractors bidding this work shall denote in their proposal that they have received Addendum No. 1 and bids shall reflect these revisions. ~~J De g Engineer Purchasing Officer l:ADD.PA.WB GG:wrn 6' ~ SECTION 14. SPECIAL PROVISIONS .(a) EXISTING HIGHWAY FACILITIES. The work performed in connection with various existing facilities shall conform to the provisions in Section 15, "Existing Highway Facilities," of the Standard Specifications and these special provisions.. Existing highway signs and street markers shall remain the property of the City of Bakersfield. Such signs and street .markers shall be relocated and maintained during construction so as to convey the same intent that existed prior to construction. Existing City highway signs and street markers shall be placed in their permanent position by the Contractor's 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. D1 PA.WB.25 -25- GG:wrn (b} deleted THIS PAGE BLANK ON PURPOSE 1: PA. 26 -26- ~ ~ (c) Imported borrowshall conform to the provisions in Section 19-7.02, "I orted Borrow," of the Standard Specifications and these special provisions. Imported borrow must be clean and free from vegetable matter and other deleterious substances and must conform to the following requirements: Individual Moving Tests Test Method Test Results Averac~e_ Sand Eq alent 217 18 min. 20 min. Resistance 301 G9 min. (R-Value) The R-Value requirements will be waived provided the imported borrow has a sand equivalent value of 25 or more. In addition to the above requirements, material located in the upper 0.5 foot below the shoulder surface shall have a suitable gradation to produce a firm and stable surf ace. MEASUREMENT AND PAYMENT. Imported borrow will be measured by the ton. Imported borrow. shall be paid for at the contract unit price per ton. Said price includes full compensation for furnishing all labor, materials, tools, and equipment and for doing all work involved in constructing the imported borrow com- plete in place, as shown on the plans and specified herein. 1: PA. ti~B. 27 -27- GG:wrn (d) ASP~~ALT CONCRETE. Asphalt concrete shall be Type B and shall conform to the provisions in Section 39, "Asphalt Concrete," of the Standard Specifications and these special provisions. A re ate for Type B asphalt concrete shall conform to the requ i re- gg g menns for 1/2 inch maximum, medium grading as specified in Section 39-2.02, "Aggregate," of the Standard 5pecif ications. The amount of asphalt binder to be mixed with the aggregate shall be between 4 rcent and 7 percent by weight of the dry aggregate as determined by the Engineer. The second sentence of the .first paragraph of Section 39-6.02, "S readin of the Standard Specifications is amended to read: p 9 `The as halt concrete may be spread by any mechanical means that pro- p duces a surf ace texture of uniform appearance ready for compaction without further shaping. Where .new asphalt concrete paven~nt is to conform to existing paved surf aces, the existing pavement shall be saw cut, I~'~ASUREMENT Af.~D PAYMENT. Asphalt Concrete Type "B" will be measured by the ton of completed mixtures in accordance with the provisions of Section 9-1.01, "Measurement of Quantities," of the Standard Specifications. As halt Concrete "B" will be paid for at the contract unit price p , , per ton which pries shall Include full compensat~.on for furnishing all labor, materials tools and e ui merit and for doing all the work involved in constructing q P asphalt concrete of the thickness shown on the plans, complete in place, in accordance with these special provisions. C~eigk~ tags for asphalt concrete shall be clearly marked. A we hmaster's summa sheet showing the tonnage of asphalt concrete delivered to g rY the job each day shall be submitted. to the Engineer on the following working ,day. Full co nsation for weighing asphalt concrete and furnishing scale sheets shall be considered as included in the contract unit prices paid for asphalt concrete and on additional compensation will be allowed therefor. 1: PA. ti~3.28 -28- GG: wrn r N . 1 Sheet 1 of 1 Addendum o PROJECT: Traffic Signal System on Pacheco Road at Wible Road BID OPENING DATE: May 26, 1988 TIME: 2:00 PM r--~-r-- NOTICE TO ALL CONTRACTORS BIDDING THIS ~~RK hereb notified of the following changes and/or You are y additions to the Plans and Specifications. Such changes and/or additions are hereby made a part of the Plans and , S cifications and shall take precedence over anything ~ , to the contrary therein. REVISION SPECIFICATIONS 1) Delete page 28. Note that page 25, page 26 and page 27 wire omitted from specification. 2} Insert new page 25, page 26, page 27 and page 28 supplied with this addendum • ~ biddin this work shall denote in their proposal that NOTE. All Contractors g the have received .Addendum No. 1 and bids shall ,reflect these Y revisions. De En ineer .Purchasing Off~.cer g g l:ADD.PA.WB GG:wrn c SECTION 14. SPECIAL PRO~lISI0N5 ~a~ EXISTING HIGHWAY FACILITIES. The work performed in connection with. various existing facilities shall conform to the provisions in Section 15, "Existing Highway Facilities," of the Standard Specifications and these special provisions. Existing highway signs and street markers shall remain the property of the City of Bakersfield. Such signs and street markers shall be relocated and maintained during construction so as to convey the same intent that existed prior to construction. Existing City highway signs and street markers shall be placed in their permanent position by the Contractor's 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 pro- 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. D1 PA.WB.25 -25- GG:wrn R T t ~b~ deleted THIS PAGE BLANK ON PURPOSE 1: PA. ~~8. 26 -26- v o (c) Imported borrow shall conform to the provisions in Section 19-7.02, "Imported Borrow," of the Standard Specifications and these special provisions. Imported borrow must be clean and free from vegetable matter and other deleterious substances and must conform to the following requirements: Individual Moving Tests Test Method Test Results Av_..erage _ _ Sand Egivu alent 217 l8 min. 20 min. Resistance 301 69 min. (R-Value) The R-Value requirements will be waived pr©vided the imported borrow has a sand equivalent value of 2~ or more. In addition to the above requirements, material located in the upper 0.5 foot belc~a the shoulder surface shall have a suitable gradation to produce a firm and stable surf ace. MEASUREMENT AND PAYMENT. Imported borrow will be measured by the ton. Imported borrow shall be paid for at the contract unit price per ton. Said price includes full compensation for furnishing all labor, materials, tools, and equipment and for doing all work involved in constructing the imported borrow com- plete in place, as shown on the plans and specified herein. 1:PA.C~B.27 -27- GG:wrn m ~d) ASP~~ALT CONCRETE. Asphalt concrete shall be Type B and shall conform to the provisions in Section 39, "Asphalt Concrete," of the Standard Specifications and these special provisions. A re ate for Type B asphalt concrete shal 1 conform to the require- gg 9 ~ments for 1/2 inch maximum, medium grading as specified in Section 39-2.02, "Aggregate," of the Standard Specifications. The amount of asphalt binder to be mixed with the aggregate shall be between 4 percent and 7 percent by weight of the dry aggregate as determined by the Engineer. The second sentence of thef first paragraph of .Section 39-6.02, "Spreading," of the Standard Specifications is amended to read: 'The asphalt concrete may be spread by .any mechanical means that pro- duces a surf ace texture of uniform appearance ready for compaction without further shaping. Where new asphalt concrete .pavement is to conform to existing paved surf aces, the existing pavement shall be saw cut. t~~EASUREMENT At~1D PAYMENT. Asphalt Concrete Type "B" will be measured by the ton of completed mixtures in accordance with the provisions of Section 9-1.01., "Measurement of Quantities," of the Standard Specifications. As halt~Concrete Type "B" will be paid for at the contract unit price p per ton which price shall include full compensation for furnishing all labor, materials, tools and equipment and for doing all the work involved in constructing asphalt .concrete of the thickness shown on the plans, complete in place, in .accordance with these special provisions. Weigh tags for asphalt concrete shall be clearly marked. A weighmaster's summary sheet showing the tonnage of asphalt .concrete delivered to the job each day shall be submitted to the Engineer on the following working day. Full compensation for weighing asphalt concrete and furnishing scale sheets shall be considered as included in the contract unit prices paid for asphalt concrete and on additional compensation will be allowed therefor. l : PA. V~3.28 -28- GG:wrn CITY OF ~RSFIELD DEPARTMENT OF PUBLIC ~~TORKS NOTICE TO CONTRACTORS SEALED PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasing .Officer, City Hall, 1501 Truxtun Avenue, Bakersfield, California, until 2:00 o'clock P.M. on May 26, 1988 to be publicly opened and read inunediately thereafter, for the following work: Traffic Signal System on Pacheco Road at Wible load Plans and specifications, and forms of proposal, bonds, and contract,. may be obtained at the off ice of the Purchasing Officer by posting a refundable deposit of ~ zero 0 )for each complete set. Refund of deposit will be made provided the plans and specifications are returned to the Purchasing Officer within ten X10) days from date of bid opening and the docun~nts-are in reasonable good condition. No bid will be considered unless it is made on a proposal form furnished by the Purchasing officer, which appears herein immediately following the speci-- fications of the .project, and is made in accordance with the provisions set forth under Section 2, "Proposal. Requiren~nts and Conditions" of the Standard Specifications of the Department of Transportation, Business & Transportation Agency, State of California, under date of July, 1984. Each bid mouse be accom- panied by a proposal guarantee in accordance with the requirements of article 2-1.07 of the said Section 2 of the Standard Specifications. The City of Bakersfield reserves the right to reject any or .all 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 Gove~nt 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, f or Security Deposits in Lieu of Retention" included in the back of these special provisions. The Contractor must possess a valid Class ~ or a Class C-10 Contractor's License at the time this contract is awarded. SPECIFICATIONS: The work embraced herein shall be done in accordance with the. Standard Specifications of the Department of Transportation, Business and Transportation Agency, dated July,. 19$4, insofar as the same may apply and in accordance with the following provisions. Dl PA.wB.l .-1- GG:wrn m PROGRESS OF THE WI~RK AND TIME FOR COMPLETION. Attention is directed to the provisions of Section 8, 5-1.03,. "Beginning of Work," .Article 8-1.06, "Tines 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 ~eegiri work within fifteen (15) 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 3__0__ 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. The Contractor shall-furnish the Engineer with a statement from the vendor that the order for the electrical materials required for this contract has been received and accepted by said vendor, and said statement shall be furnished within fifteen (15) calendar days from the date of the. contract. Said statement shall show the date or dates the electrical materials-will be shipped. No work shall begin on the project until-all components necessary 9 for operation of the signal. system are-on hand. The Contractor will be granted an extension of time and will not be assessed w-ith liquidated damages or the cost of engineering and inspection for any. portion of the delay in completion of the work caused by .manufacturing time.: The number of days extension shall be the working days. between the date as determined according to Special Provisions section 4-1.01 and. the date of receipt of all components as determined by the Engineer, Upon receipt of all components.,-the Contractor shall. notify the Engineer in writing and the Engineer will order start of work in writing. Full compensation for conforming to the requir~n~nts 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. Dl PA.WB.2 -2- GG:wrn CITY OF BAKERSFIELD, CALIFORNIA DEPARTMENT OF PUBLIC ~10RKS 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 Ma 26, 1988 sealed proposals for Traffic signal system on Pacheco Raod at Wible Road (b} PROPOSAL FORM. All proposals must be made upon blank forms to be obtained from the Purchasing Officer., the form of which appears herein im~nedi- ately following these specifications. All proposals must give the prices pro- posed, both in writing and figures, and rust 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 f 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 muust 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 cert- f ied check or bid bond is .enclosed therewith. (d) RETURN OF BIDDER'S GUA]3ANTIES. Within ten (10) -days after the award of. the contract, the City of Bakersfield will return-the proposal guaranties accompanying such of the proposals as are not to be considered in making the award. All other proposal guaranties will be held until the -con- tract has been finally executed, after which they w 11 be returned to the respective bidders whose proposals-they accompany. (e} CON'T'RACT 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 (1000 of the contract price. The other of the said bonds sha l 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. D1 PA.WB.3 -3- GG:wrn 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 nopayment shall be .made upon such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished. (f} REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES OR IRREGULARITIES, Proposals may be rejected if they show any alterations of form, addit-ions not called for, conditional or alternative bids, incomplete bids, era- sums or irregularities of any kind. Proposals in which. the prices obviously -are unbalanced may be rejected. The right is reserved to reject any and all proposals. (g} AWARD OF ,CONTRACT.., The award of the contract, if it be awarded, will be made to the lowest resonsible bidder. The language "responsible".refers to not only the attribute of trustworthiness, but the quality, fitness and capacity of the low .bidder to satisfactorily perform the work. The award of the contract .will be made within forty-five (45} days after the opening of the proposals unless extension is approved by the lowest responsible bidder. (h} ~CUTION OF CONTRACT. The contract shall be signed by the- successful:bidder and returned, together-with the contract .bonds within ten (10} days., nat including Sundays, after the bidder has received notice that the contract has been awarded. No proposal shall be considered binding upon the City until the execution of the contract. All contracts shall-be considered as being made and entered into in the,City of.Bakersfield, California. Failure to execute a contract and file acceptable bonds. as provided herein within ten (10) days, not including~Sundays,: after-the bidder has- received notice than the contract has been awarded, shall be just cause for the cancellation of the award and the forfeiture of -the proposal guaranty. (i) E~~AMINATIONS 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.- , Dl PA.WB.4 ~ -4- GG;wrn SECTION 2. SCOPE OF ~~RK ` (a) ti~RK 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. fib) ALTERATIONS. By mutual consent in writing of the parties signa- to to the .contract, alterations or deviation, increases or decreases, addi- rY tions or omissions, in the plans and specifications, may be rude and -the same shall in no way affect or- make void the contract. The Ci y of.Bakersfield reserves the right to increase or decrease the quantity of any item or portion of the work, or to omit portions of the work as may be deemed necessary or expedient. by the Engineer. ~c) EXTRA YORK. New and unforeseen work will. be classed as extra work when such work cannot be covered by any ~f 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, debr , 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, unhss otherwise specified, shall be considered as included in .the various items of contract .work and no additional compensation will be allowed therefor. Vie) FINAL CL~~ANING UP. Upon completion and ..before ..making application for acceptance. of the work, the contractor shall clean the street or road, bor- row pits, and allground 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. a D1 PA.WB.S -5- GG:wrn SECTION 3. CONTROL OF THE WORK ~a) AUTHORITY OF THE ENGINEER. The engineer shall decide any and all questions which may arise as to the quality or acceptability of materials fur- . nished and work performed, and as to the manner of performance and rate. of pro- gress of the work; all questions which arise as to the interpretation of the plans and specifications; all questions as to the acceptable fulfillment of the contract on the part of the contractor; and all questions as to claims and compensation.. - The Engineer's decision shall be final and he shall have executive authority to enforce and make effective such decisions and orders as the con- tractor fails to carry out promptly. fib) 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,e 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- Bible for agreement and conformity of his working plans with the approved plans and specifications, {c) CONFORMITY wITH PLANS AND ALLOY~BLE D~vIATION. Finished surfaces in all cases shah conform with the .,lines, grades, cross--sections, and dimen- signs shown on the approved plans.. Deviations .from the approved plans, as may be rzqured 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 provisions, and all supplementary docu- ments_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 fora complete work. Plans shall govern over specifi- cations; special provisions shall Bovern over both specifications and plans. City pecifications shall govern over State.Standard Specifications. (e) INTERPRETATION OF PLANS AND SPECIFICATIONS. Should it appear that the work to be done., or any matter relative thereto., is not sufficiently detailed or explained in these specifications,. plans, and the special provision, the contractor shall apply to the Engineer for such ,further explanations as may be necessary, and shall conform to such explanation or interpretation as part of -the contract,~so far as may be consistent with the intent of the origi- nal specifications. In the event of doubt or question relative to the true meaning of the specifications, reference shall be made to the City Council, . whose decision thereon shall be final. D1 PA.wB.6 -6- ~ GG:wrn In the event of any discrepancy between any drawings and the figures written .thereon, the figures shall be taken as correct.. (f) SUPERINTENDENCE. ~ienever the contractor is not present on any part of the work where it may be desired to give direction, orders will be given by the Engineer in writing, and shall be received and obeyed by the super- intendent or foreman in charge of the particular work in reference to which orders are given. (g) LINES AND GRADES.. All distances and measurements are given and will be made in a horizontal plane. Grades are given from the top of stakes or nails, unless otherwise noted on the plans.. Three consecutive points shown on the same rate of slope mast be used in common, in order to detect any variation from a straight grade, and in case any such discrepancy exists, it moult 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 glue at least 24 hours notice in writing when he will require -the services of the Engineer for laying out. any portion of the work. Tire contractor shall furnish the Engineer such facilities and labor, nec- essary for making and maintaining points and lines, as he may require. Payn~nt ..for labor furnished by the Contractor for such purposes is considered as included. in various items of work and no additional compensation will be .allowed therefor. .The contractor shall preserve all stakes and points set for lines, grades, or measurements of the work in their proper places until authorised to remove them by the Engineer. All-expenses incurred in replacing. stakes that have been removed without proper authority shall be paid by the contractor,.,. (h} INSPECTIgN. The Engineer shall at all times have access: to .the work .during construction, and shall be furnished with every reasonable facility for discertanng full knowledge respecting the progress, workmanship, and char- aster of materials used and employed in tho work.. I b~henever the contractor varies the period during which work is carried. on each day, he shall give ..due notice to the Engineer, so that proper inspection may. be provided. Any work done in the absence of the Engineer will be subject to rejection. The inspection of the work-shall not relieve the contractor of any of his obligat-ions to fulfill the contract as prescribed. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously over- ,looked by the Engineer and accepted or estimated for payment. Projects financed in whole or in part with State funds shall be sub- M - jest 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. Dl PA. ~VB. 7 . GG:wrn Any work done beyond the lines and grades shown on the-plans or estab- lished by the Engineer, or any extra work done without written authority, will be considered as unauthorized and will not be paid for. . Upon failure on the dart 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 ba removed,. and to deduct the costs thereof from any monies due or to become due the contractor. ~j} FINAL INSPECTION. t~henever 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 TESTSI 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- ng or examination as desired by the-Engineer. All tests of materials furnished by the contractor shall be made in F accordance with commonly -recognized standards of national organizations, and such specia methods and tests as are prescribed in the specifications. The contractor .shall furnish such samples. of materials as are requested by the Engineer, without charge. No material shall. be used until it has been approved b~ 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 r~aterials whether in place or not, shall be rzjected and shall be removed immediately from .the .site of the work unless otherwise permitted by the Engineer. No rejected material, the defects of ;which have been subsequently corrected, shall. be used until approved in writing by -the. Engineer. Upon failure on the part of the. contractor to comply with any order of the Engineer made under the provisions of this article, the Engineer shall have authority to remove and replace defective material and. to deduct the cost of removal and replacement from any monies due or to become due the contractor. D1 PA.wB.8 ~ -8- GG:wrn SECTION 5. LEGAL RELATIONS AND RESPONSIBILITIES Tn THE PUBLIC (a) LAW5 TO BE OBSERVED. The contractor shall keep himself fully inforn~d of all existing and future State and National laws and all municipal ordinances and regulations of the City of Bakersfield which in any manner affect those engaged. or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the. same. (b} HOURS OF LABOR. The contractor shall forfeit, as penalty to the City of Bakersfield, Ten Dollars 010.00) for each laborer, workman,. or mechanic en~loyed in the execution of the contract by him, or by any subcontractor under him, upon any. of the work herenbefore mentioned, for each calendar day. during which said laborer, workman, or mechanic is required or permitted to labor in volat-ion of the provisions of Section 1810 to Section 1815, inclusive, of the .Labor Code. (c) The contractor shall comply with .Section 6705 of the Labor Code which provides that the. ,contractor's responsibility shall be as follows: If the contract price for the project includes an expenditure in exce s of twenty-five thousand dollars ($25,000 for excavation of any trench or A trenches five feet or more in depth, the contactor. 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 fore 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 plane: varies from the shoring system .standards. established by the construction Safety girders of the..Divsion of Industrial Safety, the plan shall be prepared by a registered ciuil or structural engineer. Nothing in this sectonshall be ,deemed to allow the use of a shoring., sloping, or protective system less effective, than that required by the Construction Safety Orders of the Division of Industrial Safety. Nothing in this section shall be construed to impose tort liability on the awarding body or any of its employees. The terms.".public works",and "awarding body", as used in this section, shallhave the sang meaning as in Labor Code Sections 1720 and 1722 respectively. D1 PA.WB.9 -9- GG:wrn (d) EQUAL EMPLOYMENT OPPORTUNITY. ,During the performance of this contract the Contractor agrees as follows: (l) The contractor will not discriminate against~an e to ee Y ~ Y or applicant for employment because of race, creed, color, . sex, or national origin. The Contractor will take affirma- tive action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, sex, or national ori- gin. Such action shall include, but not be limited to, the following: .Employment, upgrading, demotion., or transfer; recruitment or recruitment advertising; layoff or ter- mination rates of pay or other forms of compensation;- and selection for training, including apprenticeship. The Contractor agrees to .post in conspicuous places, available to employees and applicants. for employrr~nt, notices to be provided setting forth the provisions of this non- dscrirnination clause. (2) The Contractor will, in all solicitations or advertisen~nts for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considera- tion for employment without regard to race, creed, color, sex,. or national origin. (3) The-Contractor will send to each-labor .union or re resenta- p,, five of workers with which he has. a collective bargaining agreement or other. contract or understanding., anotce to be provided advising the lebor 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 not-ice in conspicuous places available to employees .and applicants for emplo~~nent. (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 nalt to the Cit ~ Y Y of Bakersfield, forfeit $25.00 for each calendar day or portion thereof, for each workman paid less thane the stipulated prevailing rates for such work or craft in which uch workman is employed under, this contract orb an subcon-- - Y Y tractor under him, in violation of the provisions of Section 1770 to Section 1780, inclusive, of the Labor Code., The Contractor shall be res onsible for its ,p .own and subcontractors compliance with the requirement of Section 1776 of that Code. w Copies of the prevailing rate of per diem wages, for each craft, clas- s i f icat ion or type of workman needed to execute the contract , are on file i n the office of the Director of Public works and shall be made available to any inter- ested party on request.. (f) .APPRENTICES. All Contractors and Subcontractors shall co 1 ~Y with the p~°ovisions of Labor Code Section 1777.5 relating to the e to nt of ~ Y~ apprentices. D1 PA.~VB.10 -10- GG:wrn (g~ REGISTRATION OF CONTRACTORS. Before submitting bids, 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 axs- ing from the use of patented mate~~ials, equipment, devices, or processes used on or incorporated in the work. - (j) PUBLIC CONVENIENCE AID SAFETY. The Contractor shall so conduct his operations as to cause the least possible obstruction and inconvenience to public traffic. Unless other existing streets are stipulated in the special provisions to be used as detours, all traffic shall be permitted to pass through the work. Residents along the road or street shall be provided passage as far as .practicable. Convenient access to driveways, houses and buildings-along the road or street shall be maintained and temporary crossings shall be provided and maintained in good-condition. Not more than one cross or intersecting street or road shall be closed at any time without the approval of the Engineer. The Contractor shall furnish., erect,. and maintain such fences, barriers, lights,-and signs as are necessary go give adequate:warning to the public at all times `than 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 gay be furnished by . the: City, Full_compensat-ion for conforming. to the provisions of this Section 5 (j) shall be considered as included in theprices paid for the various contract items-of work and no addtonal`compensation will be allowed therefor. (k~ RESPONSIBILITY FOR DAMAGE. The City of Bakersffield, the.:Cty - Counci~, 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 construct%on of the work or in consequence thereof . . (1~ CONTRACTOR'S RESPONSIBILITY FOR WORK.. Except as provided above, until the formal acceptance of the work by the City Engineer,~the Contractor shall have- the charge and care thereof and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the work. The Contractor Dl PA.WB.11 ~ --11- GG:wrn shall rebuild, repair, restore, and make good all injuries or damages to an rti n y L po 0 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- signed by acts of the Federal Governn~nt or the public enemy. gym} No PERSONAL LIABILITY.. Neither the City Council, the Engineer, nor any other officer or authorized assistance or agent shall be personally responsible for any liability arising under the contract. (n) RESPONSIBILITY OF CITY. The City of Bakersfield shall not be held responsible for the care or protection of any material or-parts of the work prior to final acceptance, except as~expressly provided in these specifications. D1 PA.~lB.12 ~ -12- GG:wrn SECTION b.0 PROSECUTION AND PROGRESS r (a~ SUBLETTING AND ASSIGNMENT. The Contractor shall give his per- sonal attention to the fulfillment of the contract and shall keep- the work under. his control. Subcontractors will not be recognized as such, and all persons engaged in .the. work of construction will be considered. as employees of the Contractor, and their work shall be subject to the provisions of the contract and specifications. Where a portion of the work sublet by the Contractor is not being pra- secuted in a manner satisfactory to the City Engineer, the subcontractor ,shall be removed immediately on the requisition of the City Engineer and shall not again be employed on the work. (b~ -The. Contractor shall diligently prosecute the work to completion before the expiration of the permitted number of working days-or calendar days as specified on Page 1 of this specification. (c) C~~~RACTER OF I~R~:~NiEN. I f any subcontractor or person employed. by the Contractor steal]. 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 -thee requisition .of the Engineer, and such person shall not again be employed on the-work. (d~ TEMPORARY..-SUSPENSION 0~'f~R~. The Engineer shall have the authority to suspend the work wholly or in part, for such. period as he nay(deem necessary,. due to unsuitable weather,:or to such other conditions as are consid- eyed. unfavorable for the suitable prosecution of the work, or for such tiny as he may deem necessary, due to the failure on the part of the Contractor to..carry -out orders..gven, or to perform any provisions of the work. The Contractor shall immediately obey such order of the Engineer and shall-not resume the work until ordered in writing by the Engineer. Vie) TIME QF C4MPLETION.AND LIQUIDATED D~~MAGES. 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 Ci y 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 Dl PA. WB.~ 13 ~ -13- GG:wrn Two Hundred Dollars t$200.00) per day for each and ,every .calendar day's delay beyond the time prescribed to complete the work; and the Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees :that the City of Bakersfield may deduct. the amount thereof from any money due or that may become due the Contractor under the contract. It is further agreed that in case the .work called for under the eon- tract is not finished and completed in all parts and requirements within the time specified the City Council shall have the right to extend the time for com- pletion or not, as may seem best to serve the interest of the City; and if it decides to extend the tiny limit for the completion of the contract, it shall further have the right to charge to the Contractor, his heirs, assigns or sure- .ties, and to deduct from the final payment-for the work, .all or-any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, except that the cost of final . surveys and preparation of final estimate shall not be included in such charges. The Contractor shall not be assessed with liquidated damages nor the cost of engineering and inspection during any delay in the comple ion of the ..work caused by acts of Cod 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 ~l0) days from the beginning of any such delay, notify. the Engineer in writing of the causes of delay, who shall ricer- fain the facts and the extent of the delay, and his findings of .thee f acts . thereon shall be final and conclusive. ~ f) SUSPENSION 0~' C~N'I'RACT. If at any tirrie 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 dilige~.ce 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 comp fiance 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 the-reupon the City Council, or its .duly authorized repre entatve, may take possession of all or any-.part of-the Contractor's matzrals, tools, equpn~nt, and appliances upon the premises, and use the same for :the. purpose of completing said .contract, and hire .such force- ar~d 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 fore.the,proper conduct of the work and for the completion thereof; or may eimploy.other.parties to carry the contract to completion, employtheneces- 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 Dl PA. T~B.14 -14-- GG:wrn therefor.. In the event of such suspension, all money due the Contractor or retained under the terms of this contract shall be forfeited to the. 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 crsdted with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operations of the contract and the completion of the work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid. In the determination of the question whether there has been any such non-compliance with the contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the contract. (g) RIGHT of GAY. The r fight 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 thelimits of right of day unless ..otherwise provided in the Special Provisions, D1 PA,WB.15 -15- GG.wrn Section 7. Ml~ASUREMENT AND PAYMENT (a) E~TPA AND FORCE ACCOUNT ARK. Extra work as hereinbefore ~Y 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 hirn 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 (loo) 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 c3.am 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 dai y reports shall thereafter be considered the true record of e~trawork or force account work done, (b} PRO(sRESS PAYMENTS. The Contractor shall, once In each month, submit for approval., an estimate in writing to the-City Engineer of he total amount of work done-by the Contractor, to the time of. .such estimate,. and the value thereof . The City of Bakersfield shall retain ,ten percent (10~) of such estimated value of the work done as part security for the fulfillment of the. contract by the Contractor, and shall monthly pay. to the Contractor, while .carrying on the work, the balance not retained, as aforesaid, offer - deducting therefrom all previouslpayments and all sums to be kept or reta~.ned under the provisions of the contract. No such estimate or payment hall be required to be made, when~in:.the judgment of the City Engineer - the work is not proceeding in accordance with the provisions of the contract, or when in his judgment the. total value of the work done since the last estimate amounts to less than Three Hundred Dollars ($300.00). (c) FINAL PAYMENT. The City Engineer shall, after he completion of the contract:, make a final estimate of the amount of work. done. thereunder, and the value of sucY~ .work., and the City of Bakersfield shall pay the .entire sum so found to be. due often deducting therefrom all previous payments. and all amounts to be kept and :all ,amounts to be retained under the provis-ions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. The final payment shall not be due and payable until the expiration of thirty (30} days from the date of acceptance of the work by the City Council. Tt is mutually agreed between the parties to the contract that no cer- tfcate 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. Dl PA.WB.16 -1O- GG:wrn And the Contractor further agrees that the payment of the final amount due under the contract, and the adjustment and payment for any work done in accordance with any alterations of the same, shall release the City of . .Bakersfield, the City Council, and the Engineer from any and all claims or lia- bility on account of work performed under the contract or any alteration thereof . (d) SUBSTITUTION OF SECURITIES. Whenever herein provision is made for withholding or retention of moneys to ensure performance, substitution of an equivalent amount (value} of securities shall be permitted in accordance with the provisions and requirements of Gover~lment Code Section 4594. SECTION 8. PROVISIOiVS OF STANDARD SPECIFICATIONS This work embraced herein shall be-,done in accordance with the appropri- ate provisions of construction details, Section l0 to Section 95, "inclusive, of the Specifications entitled "State of California, Department of Transportation, Standard Specifications, July, 1984," insofar as the same may apply, which spec- ifications are hereinafter referred to as ,the Standard Specifications, and in accordance. with the following special provisions. Whenever in the Standard Specifications the following terms are used, they shall be understood to mean and refer to the following: Department of Transportation, CALTRANS -The Engineering Department of the City of Bakersfield. Director of Public Works -City Engineer, .City of Bakersfield. Engineer -The-City Engineer, ..acting either .directly or through .properly authorized agents,-such agents acting within the scope of the particular duties entrusted to them. Laboratory -The designated .laboratory authorized by the City of Bakersfield to test materials and work. involved in the contract. State -The City of Bakersfield. . -Other terms.. appearing in.the-Standard Specifications, the general provi- sons, 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 port-ion of the Standard Specifications incorporated herein shall conflict with; any, of the provisions delineated in the. pedal pro- visions section herein set forth, the. provisions so de ineated shall take piece- dence over and shall be used in lieu of such conflinting portions of the Standard Specifications. D1 PA.~~B.17 ~ -17- GG:win SECTION 9. INSURANCE. In addition to any other form of insurance or bonds required under the T terms of the contract and specifications, the. Contractor will be required to - carry insurance of the following kinds and amounts: contractor's public liabil- ity insurance policy for property damage, personal injury and automobile liabil- ity with an insurance company licensed to do business in the State of California) in an amount not less than FIVE ~iUNDRED THOCISAND DOLI~~RS ~ $500, 000) , combined single-limit coverage with a TWO MILLION DOLLAR x$2,000,000.00) umbrella policy ~ containing a drop down provision) or, in lieu thereof , a 2.5 ~iILLI~1 DOLLAR combined single-limit policy. The City of Bakersfield, its mayor, council, officers, agents and employees shall be named as additional insureds under the policy which shall operate as primary insurance. If any part of thework is sublet, similar insurance shall be provided by or in behalf of the subcontractors to cover their operations.. The insurance hereinbefore specified shall be carried unt~,l all work required to be performed under the terms of the contract is satisfactorily com- pleted as evidenced by the formal acceptance. by the City. The Contractor shat furnish the Finance Department. with one (1) certif- irate copy of each of the executed policies or a certified Certificate of Insurance. The certification on such policies shall guarantee that the policy will not be amsnded,:al~erod, modified, or canceled in so far as the. coverage contem- _ plated hereunder is concerned, wi hout at least five ~5) days' notice mailed by registered mail to the Finance Department,, City of Bakersfield, Bakersfield, California. - The insurance herein required shall be obtained by the successful. bidder and the certified copy of the policies or Certificate of Insurance furnished as herein provided, within,the- time fixed herein for his execution of he .Contract. Full compensation for all premiums which the Contractor and the subcon- tractors are required to-pay on all :the insurance. described. above shall be con- sdered as included in the prices paid for the various items of work to be performed under the contract,. and no additional allowance will be made therefor or for additional premiums which may be required by extension of the policies of insurance... D1 PA.WB.18 ~-18- GG:wrn SECTION 10. QUANTITIES The following preliminary estimate of the quantities of work to be done and materials to be furnished are approximate only, being given as a basis for. the comparison of bids, and the City of Bakersfield does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any-class or portion of the work or to omit .portions of-the work that may be deemed necessary .or exedi- ent by the Engineer. ENGINEER'S ESTIMATE ITEM- QUANTITY UNIT .DESCRIPTION 1 1 Lump Sum Install Traffic Signal 2. 1?8 L.F. Median Curb, T!~pe M"1 3. ? TOn Z nB" A.C. 4. 24 Ton Imported. Borrow 5. 3100 Sq. Ft. Striping Removal ~D1 PA. WB.19 ~ ®19- ~ GG:wrn 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 iri these special provi ions. SECTION 12. DESCRIPTION OF ARK The general description of work is as follows: installation of Traffic Signal and lighting system Said work is showr~~and detailed on a plan entitled.: Traffic Signal System on Pacheco Road at wible-Road D1 PA.W8.20 --20- GG:wrn - SECTION 13, GENERAL PROVISIONS. ~a) PUBLIC SAFETY AND PRESERVATION OF PROPERTY.Attention is directed w to Section 7 of the Standard Specifications, The Contractor shall comply with - the provisions of .this section, except as otherwise directed by the Engineer. Such provisions .for public safety shall meet the minimum requiren~nts 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 allowed therefor. (b) OBSTRUCTIONS. Attention is directed to Section 8-1.10, "Utility and Non-Highway Facilities," of the Standard Specifications, the plans, and .the special provisions. 1r~here extra work is required by said section it shall be paid for asprovided in Section 7. ~ a) of these specifications. The Contractor will be required to work around public utility facilities and other .improvements.-that are to remain in place within the construction area. or that are to be relocated and relocation operations have not been completed. In accordance with the provisions of Section 7-1.11, "Preservation of Property," and 7-1.12, "Responsibility for Damage," of the Standard Specifications, the Contractor will be ,liable to owners of ,such facilhes and improvements for any damage or interference with service resulting from. conducting his operations. The exact location of underground facilities .and improvements within the con- structon area shall be ascertained by the Contractor before u ing equipment that may damage such facilities or interfere with the services. Other forces may be engaged in moving or removing utility facilities ~r other improvements or maintaining services or utilities. The Contractor shall cooperate with such forces and conduct his operations in such a manner as to avoid.. any unnecessary delay or hindrance to the work being performed by other such forces.- Any delay to the Contractor due to utility relocation whether ar not the u ilty is shown or correctly located on the plans-will-not be compensated for as idle time. However, additional contract time con~nensurate with such delays may be al awed. At locations.where irrigation systems. exist, the Engineer will direct .the Contractor as to what steps will be required to protect the irrigation sys- temand-the area is serves. The Contractor shall replace the irrigation system as directed by the Engineer. Existing land subdivision monun~nts and stakes shall be fully protected from. damage. or displacement and they shall not be disturbed unless directed by the Engineer. Attention is directed to the fact that nuisance water may be present at all times along the project.. It will be the responsibility of the Contractor to provide for handling of said water and any expense involved shall be considered- . as included in the prices paid for the various items of work and no additional allowance w-ill. be made therefor. Except in the case of extra work, full compensation for conforming to the requirements of this article shall be considered as included in the prices- pad for the various items of work and no additional compensation will be made, therefor, D1 PA.WB.21 -21- GG:wrn ~c} OMISSIONS IN SPECIFICATIONS .AND DRAWINGS. Any materials or work mentioned in the specifications and not shown on the drawings or shown on the drawings and not mentioned in the specifications shall be of the same effect as b if shown or mentioned in both. Omissions from the drawings or the specifications of the materials or details of work which are manifestly or obviously. necessary to carry out the intent of the drawings .and specificat-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.. ~lhenever any material is specified by name and number thereof, such. specifications shall be deemed to be used for the purpose of faci- litatng description of the materials and establishing quality, and shall be deemed and.. construed to be followed by the words "or approved equal". No sub- stitution will be permitted: other than as described herein unless authorized by the Engineer before the bids are. opened. All materials shall be new and the best of their-class and kind. (e) ADJtJSTNI~NT OF OvERI~FAD CONS.- The provisions of Section 9-1.08 of the Standard specifications shall not apply to final cost of this contract and n0 final adjustn~nt for overhead .costs will be made. f } I~ST CC~'I'ROL. I t shall; be the Contractor's re spons i bi 1 i ty to pre- vent a dust nuisance f ran originating from .the site of the work as a result of hie operations during the .effective period of this. contract. Preventative mews- uses to be taken by the Contractor shall include but shall not be limited to the following: 1. water shall be applied to all unpaved .areas as required to prevent the surf ace .from, beconung .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 f oath 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) T~TATERS~TG. Furnishing and applying water sha 11 conform to the pro- visions of Section 17 of the Standard Specifications, except that full compensa- tion therefor shawl 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. Dl PA.~VB.22 -22- GG:wrn (h) ALTERATIONS IN QUANTITY OF ARK. The provisions of Section 4-1,03B, 4-1.03B(1), and 4-1.03B(2), of the Standard Specifications relative to increases or~decreases in the quantity of contract item of work when no change 4 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 deen~d necessary or in the best interest of the City. (i) ARK IN CITY STREETS. A11 of the work shown on the plans and included in these specifications that is located in the public streets in the City of Bakersfield shall be .done in accordance with City Ordinances regulating the use of public streets, within the City, except as otherwise provided herein. The Contractor shall inform himself as to all regulations and require- n~nts of the City. Engineer and Superintendent of Streets of the City of Bakersfield and shall conduct hip operations in compliance therewith. (j) PERMITS AND LICENSES. The Contractor shall procure all permits and licenses, pay all charges and fees and-give all notices necessary and inci- dental to the due and lawful prosecution of the work. (k) MAINTAINING TRAFFIC. Attention is directed to Sections 7-1.08, "Public Convenience., " and 7-1.09 "Public Safety, " of the Standard Specifications, The Contractor shall comply with the provisions of these sections and these special provisions. The Contractor shall furnish, install and maintain. signs, lights, flags and other warning..and.safety devices when performing work. which interferes with or endangers the safe rnoven~nt of traffic on any street or highway. Signs., lights, flagsand,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, Departn~nt of Transportation. Application and use of devices shall be as specfiad-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 ahem .immediately of any streets impassable for fire fighting equipment. The full width of the traveled way shall, be open for use by public traffic on Saturdays, Sundays. and designated legal holidays, before 8:30 A.M. and after. 4:00 P,M, on weekdays, and when construction operations are not acti- vely in .progress. Designated legal holidays are: January 1st, the third Monday in February, the last Monday in May, July 4th, the first Monday in September, November.llth, Thanksgiving Day, and .December 25th. ti~hen a designated legal, holiday falls on a Sunday, the following Monday shall be a designated legal holiday. When November 11th falls on a Saturday, the .preceding Friday shall be a designated legal holiday. Dl PA.WB.23 ~ -23-- GG:wrn Personal vehicles of the Contractor's employees shall not be parked on the roadway at any time, including any section closed to public traffic. e 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 exile- dated. Said modifications or alterations shall not be adopted until approved in writing. by the Engineer. The prices paid for the various contract items of work shall be con- sidered as full compensation for complying with the provisions of this Section 13~k~ Maintaining Traffic, and no additional payment will be made therefor. ~1~ ORDER of WgRK. Order of work shall conform to the provisions in Section 5-1.05, "order of work," of the Standard Specifications and these spe- cal provisions. All striping -removal shall be completed a minimum of 2 days prior to signal. being placed into operation. when initially installed, all vehicle and pedestrian signal faces shall be aimed and covered with cardboard or other material with an observation hole Amax. l" da.) 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 itQms of work re-dated to the signal control shall be completed and all. signs shall be in p ace. gym) COOPERATIOh1S. 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- ousl~ delay the Contractor's completion of the work.: Ho~vever, if such work does result in extraordinary delay, the Contractor y seek-relief-from liquidated damages as set forth in the fourth paragraph of Article 6 (e) of these Special Provisions. .Full compensation for complying with .the requirements of this Article 13(m) shall be considered as included in the prices paid for the various con- tract items of work and no additional allowance will be made therefor. Dl PA. wB. 24 -24-- GG:wrn . SECTION 14. SPECIAL PROVISIONS ~ a } EXISTING HIG~~AY FACILITIES. The work perf ornled in connection with various existing facilities shall conform to the provisions in Section 15, "Existing Highway Facilities," of the Standard Specifications and these special provisions. Existing highway signs and street markers shall remain the property of the City of Bakersfield. Such signs and street markers shall be relocated and maintained during construction so as to con~rey 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 frarn the. project area shall be delivered to the City.Corporation Yard at 4101 Truxtun Avenue, Full compensation for conforming to the requirements o~ 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. Dl PA.WB.28 -28- ~ GGswrn SECTION 15. SPECIAL PROVISIONS -TRAFFIC SIC~~ALS y 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. Traffic signal work is to be performed at the following locations: Pacheco Road at Wible Road (b) REMOVING AND REPLACING IMPROVEMI~`1TS. Removing and replacing in~rovements shall conform to the provisions in Section 86-2.02, "Removing and Replacing Improvements," of the Standard Specifications and these special provisions. (c) FOUNDATIONS. Foundations shall conform to the provisions in Section 8:6-2.03, "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 -ceri~nt concrete shall conform to Section 90-10, "Minor Concrete," of the Standard-Specifications and shall contain not less than 470 pounds of cemant per cubic yard, except for pile foundations shall contain not less than 564 pounds of cement per cubic yard. (d) COl~1DUIT. Conduit shall conform to theprovisions in Section 86-2.05, "Conduit," of the Standard Specifications and these special provisions. Insulated bonding bushings will be required on metal conduit. (e) PULL.. BOXES. Pull boxes shall conform to the provisions in .Section 86-2.06, "Pull Boxes,." of the Standard Specifications and these special provisions, Recesses for suspension of ballasts will not be required. D1 PA.~~1B.29 ~ -29® GG:wrn r (f) CONDUCTORS AND WIRING, Conductors and wirin shall confo g rm to the _ provis-ions in Section 86-2,08, "Conductors," and Section 86-2,09, "wirin of the g Standard Specifications and these special provisions. CONDUCTORS -The Contractor shall use mould-conductor electrical cables for all circuits except between the service switch and controller cabinet. Only n~alti-conductor .cable conforming to the followin shall be used; g 5 Conductor cable consisting of 5 No. 14 conductors colored 1 each red, yellow, bro~n, wh~.te and black. 9 Conductor cable consisting of 1 No, 12 conductor colored whi to and 8 No, 14 .conductors colored 1 each red, yellow., brown,. black, red black stripe ye low black stripe,~brown/black stri e and _p white/black stripe. 28 Conductor cable .consisting of 1 No. 10 conductor colored wh' ite anc 27 No. 14 conductors colored as indicated in the following conductor table for a single.rng. operation. _ C0~~1D~1C~OR TABLE Insulation Colors Signal Phase. Circuit or Function Base- Stri 2 & 6 Red, Yellow, Brown_ Black Vehicle 4 & 8 Red, ,Yellow, Brown Oran e Signals 1 & 5 g Red, Yellow, Brown Silver 3 & ~ Red, Yellow, gown Pu lc 2p & 6p Red, Brown 2 Black Pedestrian 4p & 8p Red, Brown 2 Orange Signals lp & 5p Red, Brown 2 Silver 3 ~ 7 Red, Brown 2 Pu le 2p & 6p Blue Black Pedestrian 4p & 8p Blue Orange Push 'Buttons lp & 5p Blue Silver. 3 & 7 Blue Pu le Pedestrian Push Buttons T~lhite Black Common S i al ~lhite Nonc Railroad Pre-e ton Black .Red. S are Black None The cable. sheath shall be polyeth lene and the conductor insul ~ Y anon shall. Type T~~1 polyvinyl. chloride. Subparagraphs 1, 2, 4 and 5 of the first ara ra h of Section 86-2 p g p .09D, "Splicing," of the Standard Spedifcations are deleted. D1 PA.WB.30 _30_ .wrn Conductors shall be spliced by the use of "C" shaped compression connectors as shown on Standard Plan ES 13. Splices shall be insulated by "P~ethod B." (g) BONDING AND GROUNDING. Bonding and grounding shall conform. to the provisions in section 86-2.10 "Bonding and Grounding," of the Standard Specifications and these special provisions. (h) SERVICE. Service shall conform to the provisions in Section 86-2,11, "service;" of the Standard Specifications and these special provisions. The Engineer will arrange with the serving utility to complete service connections to service points shown on the plans and will pay all required costs and fees required by the utility. (i) TESTING. Testing shall conform to the provisions in Section. 86-2,14, "Testing," of the Standard Specifications and these special provisions. { j) SIC~AL FACES AND SI~fJAL HE~~DS. Signal faces, signal heads and auxiliary equipment, as shown on the plans, and the installation thereof, shall conform o the provisions in Section 86-4.01, "vehicle Signal Faces," g6-4.02, "Directorial Louvers," 86-4.03, "Backplates" and 86-4.06, "Signal Mounting Assemblies," of the Standard Specifications and these special provisions. Housing, visors:, directions louvers and backplates shall not. be structural plastic. - All lamps for traffic signal uniis shall be furnished by the Contractor. All signal faces shall be provided with 12-inch sections.. (k) PEDESTRIAt~1 SIGNALS. Pedestrian signals shall conform to the provisions iri Section 86--4.05, "PedestrianSignal Faces," of the S andard Specifications and these special provisions. Pedestrian signals shall be '~~pe C, and shall have energy efficient heads equivalent to Indicator Controls Corporation Model 4094. (l) LUMINAIRES. Luminaires shall conform-to the provisions in Secton,86--6.01, "High Intensity-Discharge Luminaires," of the Standard.. Specifications and. these special provisions. Luminaires shal be .furnished. with 200-watt high pressure sodium .lamps and integral ballasts.. (m) PHO'Z'OELECTRIC CONTROLS. Photoelectric controls shall conform to the provisions in Section 86-6,07, "Photoelectric Controls", of the Standard Specifications and these special provisions. Each luminaire shall be provided with a T~~pe IV photoelectrical control. Dl PA.tiVB.31 ®31® GG:wrn (n) CONTROLLERS, CABINETS AND AUXILIARY EQUIPMENT. The Cit will Y furnish the controller and cabinet assembly for each location. (o) DETECTORS. Detectors shall conform to the rovisions in S ' p ection 86-5, "Detectors," of the Standard Specifications and these special provisions, Location and layout of detector loops shall be as directed by the En ineer. g INSTALLATION DETAILS: Installation and tests shall conform to the detail and notes shown on the plans. Slots .cut in the paven~nt shall be blow out and dried before installin g inductive loop detectors.. .After conductors are installed in slots cut in~the pavement, the slots shall be filled with epoxy sealant conforming to the requirements in Section 95-2.09, "Epoxy Sealant for Inductive Lops," to within l/8 inch of the aven~nt p surface. -The sealant shall be at least 1/2 inch thick above the top conductor in tr 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 conformin to the followin g g The ,sealant. shall be a polyurethane material of a co soon that will, within its stated shelf life, cure onl in the resence of moistur . Y p e, Sealant s a 1 be suitable for use in both asphalt concrete-..and Portland cen~nt concrete. The cured. sealant shall have the following rformance characteristics: Measuring Standard Property and Results lend Condit ons Hardness (indentation) 65-85 ASTM D .2.240 Res. A Model 1700 T~,~pe 77° F. (25° C.) 5Oo relative humidity Tensile strength - 500 psi, min. ASTM D 412 Die C oiled at 20 IP p M. Elongation - 400, minimum ASTM D 412 Die.C idled at 20 IPM. ,p ,Flex at 40° F. - no cracks: 25 mil Free Film Bend 180° over 1 2" ( ) / Mandrel. weathering Resistance -Sleight ASTM D 82.2 weatheron~ter 350 Hr . s Chalking Cured 7 days at ?7 ° F'. (25 ° C.) 50 0 relative humidity. Dl PA. WB. 3 2 -3 2- GG: wrn Salt Spray Resistance - 500 psi,, ASTM B 117 28 days at 100° F. (38° C.} minimoum Tensile; 400, minimum 5~ NaCl, Die C, pulled at 20 IPM. elongation Dielectric Constant -Less than ASTM D 150. 2 5 o change ove r a tempe rature . 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 the loops under actual traffic conditions is approved by the Engineer. 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 box 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 loop 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 8~-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 compacte 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 T!~pe A lead-ins and shall conform to the provisions in Section 86-S.O1~A(4}, "Construction Materials," of the Standard specifications and these special. provisions. (p) PAYMENT. Payment for signals and lighting shall conform to the provisions in Section 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 payn~nt will be made therefor. Dl PA.t~]B.33 ~ -33- GG:wrn SECTION 16. SPECIAL PROVISIONS -SIGNS (a) STREET N~~ME SIGNS. Street name signs shall conform to the rovisions p in Section 56-2, "Roadside Signs," of the Standard Specifications and these Special Provisions. Street name signs, mast-arm hangers, and sign panels will be furnished and installed by the City. Miscellaneous Roadside Signs shall conform to City Standard TS-4. SECTION 1?. SPECIAL PROMS-IONS - GUAIR~~NTEE FOR.. TRAFFIC. SIGNAL. AND STREET LIG~iTING SYSTEMS. Via) GUARANTEE. The Contractor shall furnish a written guarantee to the City on the form attached, guaranteeing all systems, exce t traffic si nal p g lamps., installed under this contract f or a period of ..one ~ 1 } year f r~ the date of acceptance of the work. The ,guarantee, properly executed, shall be filed . with the City before notice of comp e t ion and final acce tance i s made b the p e y Clay of the work described on theeplans and these special provisions. (b 7 PAYMENT. The lump sum prices paid for- installation of traf f is signal and street lighting systems shall include full compensation for furnish- ing the guarantee as required in this section. Dl PA.WB.34 -34- ~ GG:wrn SECTION 18. SPECIAL PROVISIONS -Remove Traffic Stripes and Pavement Markings a} REMOVE TRAFFIC STRIPES AND PAVEMENT M~~RKINGS. Traffic stripes and pavement markings to be removed will be as shown on plans and as designated by the Engineer. Traffic stripes and pavement markings shall be removed to the fullest extent possible from the, pavement by any method that does not materially damage the surf ace or texture of the pavement. or surf acing. Where blast cleaning is used for the removal of painted traffic stripes and, pavement markings, the area shall be shielded so that no material from the blasting operation is allowed to enter the area that is open to public traffic. Sand or other material deposited .on the pavement as a result of removing traffic stripes and markings shall be removed as the work progresses. Accumulations of sand or other material which might interfere with drainage or might constitute a hazard to traffic will not be permitted. Traffic stripes shall be removed before any change is made in the traffic .pattern. Blast cleaning for removal of traffic stripes shall be feathered out to irregular and: varying widths. Paven~nt 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 colt shall be applied. in conformance with the provisions in Sect-ion 37, "Bituminous Sea s," of the Standard Specifications and the following: In traffic stripe removal areas..,. the fog sealcoat..shall be applied over :the traffic stripe removal area and to irregular and varying widths with an average-width of 2 feet on each side of the blast cleaned traffic stripe. removal area:. In pavement .marking ren~valareas the fog seal coat shall be .applied to the blast cleaned rectangular area. Fu11 condensation for furnishing and applying. fog seal .coat as sped- 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 payr~nt will be made th~ref or. Nothing in these special provisions: shall relieve the.Contractor from his responsibilities as provided in Section 7®1.09, "Public Safety," of the Standard Specifications. b) ORDER OF WORK. Order of work shall conform to the provisions: in Section 5-1.05, "Order of Work," of the Standard Specifications and these spe- cial provisions. Dl PA,WB.35 -35= GG:wrn 4 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 thanl4 feet apart an curve nor more than 20 feet apart on tangents. Reflective traffic line tape shall be applied in accordance with the manufacturer's instructions. Temporary delineation shall be the same color as the permanent delineation.. Full compensation for temporary delineation shall be considered as included in the prices paid for the contract items of work that obliterated the existing delineation .and no separate payment will be made therefor. Pavement delineation removal shall be coordinated with temporary Jelin- eation so that lane lines are provided at all times on traveled ways open to public traffic. MEASUREMENT AND PAYMENT. Quantities of traffic stripe removed will. be determined by the width of the stripe plus 0.6.7-foot multiplied by the length of the stripe. The space- between double traf f is stripes.. will Abe measured as .painted traffic stripe. Quantities of paven~:nt 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 removal. The contract unit price per square .foot shall: include full compensation for furnishing all labor, materials, tools, equipment, signs and for doing all work necessary for removing existing striping as shown on plan and as directed by the Engineer. Dl PA.wB.36 ~ ®36-~ GG:wrn ?ocvnshlp , Sec fiorr Rai /road or Property L1ne ~ ~ ~ e uee iPi9/if of Way Linc Wall P~°o'ecf Cenferlir~e J _ Cu 1 V ert - _ _ _ ~'x> sf~r~q ~dqe o f P~ ~cmcnf ~ ~ed9e x----x x----x ~e~~e ~ ~afc Decid~ou5 7rCc C card /Qai / ~vcrgreen 7~ee s ~ Neon urne~f ~U1`ure, W - ~afcr L~~e 5<r'viCe f'o/c ~ - ~~s Line Power° ~bl~ 0 0, / Lime ~ W. M. 1n/d ter Mile to ,B T - - - Sri ed Te%phor~e Cable ~ Wo V 1~/~ter° 1/al ve g p--.- - - - ® .Buried Pocucr Cable ~ F H. Fre f~yc~r~nf S.._..,,.~...~ Viewer Li~~ a G. M. faa5 Nl~ter° Oo ~Qeridl Wire ~ G. V, Gas 1/~/ye o Aerial Cable i M. H. ~anho% ~~xistir~~) - Pole ~4hchor 0 M. H. lYlar~holc ~Pu~vrc~ f~ (f flli fry f'o% -l- Te/e~~®r~e ~o% ® /~'lo~crr~nen~` -~~xis fi` ~ ~ Street Li hf "9 9 ,r r REC~3RDED 1~_..~. ~ ~ ~ Vh 8D iN 800K..~A'f PAGE__.. CALL F~QRN 1A ®RAWN ~ /1• OFFICIAL RECORDfi OF KERN COUNTY* CALIFORNIA I ENGINEERING DEPARTMENT JcHECKED y~h` Jl rh ~y~~f~ ~ ~ STATE QF CALIFORNIA u ~ Mo r~~.~` S edification p .8040 41 A 15 . '~1~►ptrM~~ Asphaltic Emulsion Inductive Loop Sealant.. 1.0 ~ SCOPE This specif i cati on covers a one component, pourable sand f i 11 ed, asphaltic esnu~sion fore use in sealing inductive wire lad s-and leads p ~mdedded ~n asphalt and portl and cement concrete, This sdal ant is suitable for use in freeze-thaw environment, Z.0 APPLICAgIE SPECIFiCATION~ The ~ f o lowing specifications, test.. methods and standards i n effect on tl~e open i n~ date of the Lnv i tat i on to- ~ i d f orrn a part of th s specification ~i~ere referenced. American Society for Testing and Materials 02939, 02523 Californ1a Test Method Na. 4~4 Cal i f orn i-a Oepartmen.t of Transportation Standard S ec i f i cati ons 1981 p State of California Specification 8010-XXX..gg Ins ection Test~n p g and Other Requ~ cements for Protective Coati ng Code of Federai R~eguTations, Hazardous Materia) s and. Re ul~tions 8 ar 9 o d, Ref . 49CFR . . 3.0 REQUIREMENTS 3.1 Compos1tion The composition of the ~1oop sealant shall be a sand filed pourable, water emu ~ s i f i ed b i tumen ~ I t r~i ~ l be the manufacturers responsibility to produce a one-component product to meet the properties specified herein. 3.2 Charac eristics of the Sealant 3.2.1 Res i dc~e by e~aporat ion, wei ht accent 9 p 70 M~ nimur~ Use ASTM D2939 3.2,2 Ash content, weight percent 50 to fi5 Use ASTM 02:939 i • A haltic Emulsion inductive Loop Sealant 8040-4iA-15 sp ,~.w ~ ~ 4 maximum 3,.2.3 Firm set time, hours, test at one hour intervals, use ASTM D2939 3.Z.4 Brookfield viscosity, Poise ~ 50 to l25 RVT Spindle #3, l0 RPM at 75 +2oF. 3.3 Properties of the Oried Film 3.3 . l ~ F 1 ex i b i l i ty, ~ ~ No f u i 1 depth Use ASTM D29.39, except air dry specimens to constant weight cracks ' at 15 +SoF and 50 +14~ relative humidity. Condition mandrel • and s eciments 2 hours at 75 +2aF before test.. U e~ aluminum p _ panels, 0.03 inches thick ~Q pane) or equal). 3 ..2 Tens i 1 e Stren th, s i, 2Q n~i n mur~ 3 9 p east sheets..0.Z5 inches thick and air dry at 75 +SoF, 50 +lo~ relative humidity for minimum of lb hoursa .Load. rate 0.05 inches/minute, use ASTM 025.23. 3.3.3 Elon ation, ~ 2.o minimum 9 same co~nd~t~ons as 3.3.Z use ASTM D2523 - 3.3.4 Slant-shear siren th to concrete, psi, ~ 150 minimum,: 9 Use California Test Me hod No. 434, Part vIII. Space damp: with no loss blocks with x.25 i riches. between s ant faces, seal sides of adhesion to and bottom with to a acrd f ~1 l with the well stirred concrete, P: sumpie, strike off: the excess. dry in 1409E oven to constant weight and condi t on l day at 75 Zoe before testing. load rate `to be 5000 lbs/minute. ..5 Resistance to water.:.. No blistering, 33 :Use ASTM 02939, Alternat~ye 6 re•emu`1s~ficat~on or loss of adhesion 3,4 Workmanship . 3.4.1 The seal ant hal 1 be properly dispersed and any settling shall be Basil redspersed with minimum resistanee to the side~ise manual y . motion of a paddle acros the bottom of the conta~ner~ It shall form a smooth uniform product of the proper consistency. If the material cannot be easily redspersed due to excessi a settlement as described above or due to any other cause, the sealant shall be considered unfit for use. _2. • Asphaltic Emulsign Inductive Loop Sealant 8040-41A•15 3.4.Z The sealant shall retain a1i specified properties under normal .storage conditions for 12 months after acceptance and deliver. . y The vendor shat 1 be respons Bbl a for al 1 costs and transportation char es incurred in re Iacin mat i 9 p g , er a3 that t s unf ~ t for use. The properties of .any replacement material , as specified i n Para raph 3.0 sha11 9 remal n sat ~ sf actory for 12 .months from date of acceptance and delivery. 3.4.3 The. seal ant shall comply with al 1 air pot l ution control rui es and regulations within the State of California in effect at the time the seal ant i s manufactured. 4.0 QUALITY ASSURANCE PROVISIONS 4.1 Inspection This material Sha11 be inspected and tested in accordance with tat . S e of cal ~fornza Spec~f ~cat~on $o10-XXX-9~, or as otherwise dee~ed necessary. . . ~ 4:2 ~ Sampi~ing -and Testis ~ . 9 ~UnLess otherwise perr~teedb the En ineer the mat ri . Y 9 e a1 shall be -sampled at the pl ace ~ of manufactu~°e aid app icatiun wi 11 not be permitted until the material has been a roved b the i PP y .Eng. Weer. 5.0 PREPARATION FOR DEi.IVERY 5.1 Packs in 9 9 The sealant shall be prepared in a one acka e s stem e p 9 y .......ready ..for. appl ~cat~on. The material shall be furnished in container size as specified in the urchase order ar n P co tract» If ordered ~n 5 gallon size the containers shall be new, round standard f ' u11 open head with bails, shall be nonreactive with the contents and sha11 h com atibl ave p e.gaskets. The containers sha11 comply with the U.S. Departr~ent of Transportation or the Interstate Commerce Co~nmssian regulations, as applicab]e. ~2 Marici~ng All containers of material shall be labeled showin Stat g e specification number, manufacturers name, date of manufacture and manufacturers batch..number. The manufacturer sha]1 be responsible for ro er shi in . P p PP g labels as outljned ~n Code of Federal Regulations, Hazardous Materia s and Regui ations board, Reference 49CFR: .3_ s Asphaltic Emulsion Inductive Loop Sealant 8040-41A-15 ~ ~ ~ . fi.0 NCTES fi.1 Directions for Use Saw cuts shall be blown clean with compressed air to remove excess water and debris. The sealana 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 a of road surface P or tools can bedone with.waver, before ahe sealant seas. 6.2 Patents The Contractor shall a sums all costs arisin from the use f g o patented materials, equipment, devices, or Processes used on or incorporated ~n the work.,.and a gees to idemnif and save harml g Y ess the State.of Cal~forn~a and its du1~ authorized representatives, from all suits at law or action of ever nature :for or on account Y of, the- use of any patented. materials, equipment, dwices or processes. 6.3 Certificate of Complan e The manufacturer -sh a l 1 f urn i sh a Cert i f c ate of Coin' 1 i anc i p e w th each batch of seal ant, n accordance with the provision of Section fi.1 ~ 4 of C a1 i f orn a Qepartment of Transportation Standard S ec ifi cat i ons P .1 .January 1981. -4- GUARANTEE EQUIPMENT City of Bakersfield Department of Public ~~orks Bakersfield, California In accordance with the terms of Contract No. ,for the Project: Installation of Traffic Si nal on Pacheco Road at ~~lible Road. , _ awarded on ,between- the City of Bakersfield {hereinafter referred tows the City), and the undersigned, which contract provides for the installation of hi hwa li htin and traffic s nal s stem ,and under which contract the undersigned has furnished and installed such system, the follo~ng guarantee of the said system is hereby made. Should any of the equipment installed pursuant to said contract prove defective or should the. system as a whole prove defective, due to faulty work- manship, material furnished; or method of installation, or should said system or any part thereof fail to operate properly, as planned, due to any of the above causes, all within one {1) year after date on which said contract is accepted by the City, the undersigned agrees to reimburse the City, upon demand, for its expenses incurred in restoring said systems to the condition cont~n~lated in said contract., including the cost of any equipn~nt or materials replaced, or, upon demand by .the City, to replace any such equipment and repair said systems - completely without cost to the City, so that they will operate successfully as originally contemplated. The City shall have-the option to made any needed repairs or replace- - ~ - msnts itself or to have such rep aceme~ts or repairs- -done by-=the- undersigned. - . - Prior to such replacement or repair work being done by he 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 agree that the repairs .shall con~nce to be made and such materials as are nec- essary shall commence to be furnished and installed-withn~'I~~nty-Four {2.4}. :.hours of the date specified in the City's written notificat-ion., Contractor shall. prosecute- with dine 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 thisguar- antee in the event that they fail to operate as originally intended by the manu- facturers thereof and in accordance. with the plans and specifications included in said contract. Date Contractor's Signature Firm Address 1D PA.I~1B. 37 PROPOSAL FOR Traffic Signal System on Pacheco Road at Wble Road To the City Clerk of the City of Bakersfield: The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein;that this pro- posal is made without collusion with any other person., firm or corporation; that he has carefully examined the .location of the proposed work, the annexed pro- posed form of contract and the plans therein referred to; and he proposes and agrees if this proposal is accepted,. that he will contract with the City of Bal~ersf field, in the prescribed form of contract hereto annexed, to provide all necessary machinery, tools, apparatus and other means of construction and to do all the work and furnish all the materials in accordance with the plans and spe- cif ications for the above, filed in the off ice of the Finance Director of the City of Bakersfield and as specified in the contract., in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in ..full payment therefor .the unit prices or lump sums set forth ~in the following schedule: In case of a discrepancy between words and figures, the words shall prevail.; and in case of discrepancies between unit prices and totals, the unit prices shall :prevail. The undersigned further .agrees that in case of default in executing the required contract, with necessary bonds., within ten (10~ days, not including ..Sunday, 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 Bakersf .field. Bidder acknowledges receipt of the. following addendum: ITEM APPROX. ITEM WITH LCJMP SUM PRICE UNIT` NO. QUAN'TITY' WRITTEN IN ~RDS PRICE TOTAL 1 Lump Sum Signals and lighting, complete and in place, AT 2 178 Median Curb, T~~pe M-1, at Per Lin. Ft. SIGNED Bidder Page 1 of 2 Dl PA.WB.3$ . PROPOSAL FOR: Traffic Signal System on Pacheco Road at Wible Road ITEM APPROX. I~'EM WITH LUMP SUM PRICE UNIT NO. .QUANTITY WRITTEN IN WORDS PRICE TOTAL 3. ~ 7 '~~pe ~~B~~ A.C. Per Ton 4. 24 Imported Borrow ,at . Pei Ton_ 5. 3140 Striping Ren~ual, at Per S Ft. TOTAL: SIGNED Bidder Page 2 of 2 pages. Dl PA.WB.39 PROPOSAL FOR Traffic Signal System on Pacheco Road at Wible Road To the City Clerk of the City of Bakersfield: The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this pro- posal is made without collusion with.any other person, firm or corporation; that he has carefully examined the location of the proposed work, the annexed pro- posed form of contract and the plans therein referred to; and he proposes. and agrees if this proposal is accepted, that he will contract with the City of Bakersfield, in the prescribed form of contract hereto annexed, to provide all necessary machinery, tools, apparatus and other means of construction and~to do all the work and furnish all the materials in accordance with the plans and spe- cif ications for the above, filed in the off ice of the Finance Director of the City of Bakersfield and as specified in the contract, in the. manner and time therein prescribed, and according to the 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 f ollawing schedule : In case of a discrepancy between words and figures, the words shall prevail; and in case of discrepancies between unit prices and totals, the unit prices shall ,prevail. The undersigned further agrees that in case of default in executing the. required c©ntract, with necessary bonds, within ten ~lfl~ days, not including Sunday, of er 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. Bidden acknowledges receipt of .the following addendum: ITEM APPROX. ITEM WISH LUMP SUM. PRICE UNIT No, QUANTITY trVRITTEN IN ~~RDS PRICE TOTAL 1 Lump .Sum Signals and lighting, complete and in place, AT 2 178 Median Curb, ~ M-1~, at Per Lin. Ft. SIGNED Bidder Page 1 of 2 Dl PA. ~~B. 38 PROPOSAL FOR: Traffic Signal System on Pacheco Road at Wible Road ITEM :APPROX. ITEM WITH LC1MP SUM. PRICE UNIT S' N0. ,QUANTITY WRITTEN IN 6~RDS PRICE TOTAL 3. 7 ~ r~B~~ A.C. Per Ton 4. 24 Imported Borrow ,at Pei Ton 5. 3100 Striping Ren~val, at a apes S Ft. TOTAL:. SIGNED Bidder Page 2 of 2 pages.. Dl PA. W8.39 F~ ~~ict necessary if cash or certified check is with ~id~ a ~r~~~~ .aLL ~~N ~~5~ ~Rl~sl~NTS. 'That we as principal, and as surety, are held and firmly bound unto tl~e ~ity o~ Bakersfield, a body politic and corporate o~ .the State of California, in the sung o~ dollars to be paid to said City, for which. payment, well and truly to be made; we bind ourselves, oar heirs, executors and administrators, successors or assigns, jointly. and ,severally by tlZe~e pr~s£Il'~5. ~'HE C~NDI~`IQN ~~F 'I"HIS t~BLIGATI~N IS SUCH: 7Chat i~ the certain proposal, hereunto annexed, to construct certain work and improvements in the City o~ Bakersfield as referred to in the Notice to Contractors attached hereto, is accepted by the council at 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 improvements a{orementivned, and shall execute and deliver the two bonds required by law, within ten days (not including Sunday} from the date o~ a .notice to the above bounden principal, that said contract is ready for execution, then this obligation shall become null and void, other•~ise it shall be and remain in full force and effect. IN ~V'ITNBSS °~Ni~~~EUF, we have hereunto set our hands and seals this ________day o~ , A.I. ~.9 (Seal} (Seal) (Seal } (Seal} ~Scal} • e t'~CCOTlljl~tl~'I11~ t It i~ p r o p o S a 1 ~ Ll .....~r.•..........••.°...e...a.e°e°rooooer..voe.e.....°.....o.eo..s.....o (;~'OT1(;L: I Il~err 11~~• ~~•oc•d:~ ''rash "easbier's c~ecL-," ``certf• fled cl~eci:,'' or "~icifit=r's tw~rcci," a~ the case tna~° bed, in amount equal to at ]east tc.~ii i►t~{•rent of tli~~ total of t1tP vid. . Tl~e lftlttfl'R of u11 i~t,r~oi~.~ iittert~~tacl iu the fore~criv~ 1~roPo~a1 a8 prin• cjpals ,as•e as ~ollowe ~I'Tl ~rt~t ~1ati If bidder or other interested person is a cor- p c~ . poration, state. lebal name o~ corporation, also names. of the president, secretary, treasurer, and manager thereof; if a copartnership, state true name o~ f irmp also names of at1 individual copart- Hers eomposng~ f firm; if bidder or other interested person, is an individual, s-fate ffirst and last names m full. ••...+.....•.°••°...•...................o...... .....................eo.o..e.eo..e....o.ee...a....e.e°o.erooso•ooooae.oeoo.eoeeoo~oo. ...e......... .............•..•.............•.•...•e...•.....•.••.....o.e.ee.o...•.s......e~..ao..•ooo.o~a.eo..oo.e ..............•...e .....................................•0.............e o.. e....1.......00100.0..00.0.o ...0...00...0•.....1.... ....~....•...a............•........~.•.~......••.............e..........o...•..o.•e..o..•..e.... e0o e.e.o•.o..e.e ea..... oe.e.....0...0...~ Licensed in accordance with an act p~ovidir~~ fo,r the registration of ° Contractor's License No........................................a.,..e.V...O.........C . •..•......1........s...°.o...a•e.O0.0..00o.ooe..ee... oe.eoeaD • e....o... o.e. oeooo• SIGN ..••...°......•~..........•......0.•o.O..IOeO.o..O..0.00.).ti~..O..YO...tl.......e.. o...e......I.).!o• HERE ° •.•........•.•.•.e...•0o.ea....I e10 e....e.O. oooee.epOCl..e.eO OOOaeopOO.000000.e.e o0.o soe.e0. 0.o.0. Signature of Bidder NOTE--f'f bidder i~ o earpotailoa. !be lagaf aQms of the corp~otol9o® ~ttwll ba tet tomb ab~e•• logetbcr witb~ 4br i►gocture of the afticcr o.r officers autRorfre4 t® rtca .tootrattr ea b~b~alt el tb®. cotp~rotton. 19 bidder a toportaeroht.ti, the true nartre of the ltrrr9 ~gd1 De yet lortlt a6®vs togr.th~et •►tfA tbs itgaQt.ure o.f the p.arfb~r o.t partacrr aw.t~attie.4 't® rt~o e~att~CZO to b~bdl! a! tb~ . topbrtaer~btp; and-1! Dlddsf Is ga lodt.iduol, h!o rlgnatur~. rhall Do piaee~ ®bo~s. e~gsaouro Lr by ' as oq+rnt, other th~® Qn otiteer o4 o eorporatfo.a or~ a atecetiJ9er oB a p®rtaarobtp, a tamer of 1ttlore~Y trwrt b~ oa tUe ~ttp ib~ Cl4Y Cleek o1 for C1tY- of Dakeeeh~ld prior t• opsolaq bade or et~trrl:tled wttb the till; o~trerM►t~e, tDe blrt veUi Ae dlerogatd~d a~ Itr.qulmr o®d u~out.hocti.d. Susir~ess address........ ........................................e.....•.e........C.a.......°.e...•..ee..b.......... Place of residence...........•......ve...e•e..e..•...o..o...aa...ea...o....oo.eo.oo..oe..a.oeoooo0ooo.e. Dated ............................................................°e.e.,19.°.•.°.e.°. A 1 / AAA [To be completed by the Contractor, if he elects to substitute securities in lieu of retention] . Installing Traffic Signal at Pacheco Road and ~Tible Road ESCROW AGREEMENT FOR .r SECURITY DEPOSITS IN LIEU OF RETENTION TINS ESCI~~Ow AGREEM]~T'T is made and entered into by ,and between whose address is , ..hereinafter .called "owner", , whose address is , hereinafter called "Contractor" and , whose address is , hereinafter called "Escrow .Agent:". For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: 1. Pursuant to Section ..4590 of Chapter 13 of Division 5 of Title 1 of the Gover~lment Code of the State of California, Contractor. has the option to . deposit securities with Escrow. Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction. Contract entered into between the Owner and Contractor: for in the amount of dated thereinafter referred to as the "Contract"~. then Contractor deposits the securi-ties as a substitute for ,Contract: earnings, the Escrow Agent shall notify the Owner within ten X10}.days of the deposit. The market value of the securities at the time of the substitution-shall be at least equal to the cash amount then requ-fired to be -withheld as-retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of , and shall designate the. Contractor astheebenefsial owner. 2. The Owner shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payn~nts pursuant to the Contradt provisions, provided that the Escrow Agent hold securities in the form and amount spedf ied .above. . 3. Alternatively, the Owner may make payments directly to Escrow Agent in the amount of .retention for the benefit of the. Owner .anti 1- such time as the escrow created hereunder is terminated. Dl PA. ~aB . 41 1 . 4. Contractor shall be responsible for paying all fees for the. expenses incurred by Escrow Agent in administering the escrow account. These expenses and payment terms shall be determined by the Contractor and Escrow. Agent. 5. The interest earned on the securities or the money market accounts held in escrow; and all interest earned. on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at. an time Y and from time to time without notice to the Owner. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice. to Escrow Agent accompanied by written authorization from Owner to the Escrow A ent that Owner • g consents to the .withdrawal of the amount sought to be withdrawn by Contractor. 7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven (7) days' written notice to the Escrow Agent from the owner- of the default, the Escrow Agent shall im~nediatel Y conve:rt_the securities to cash and shall distribute the cash as instructed by the Owner. 8. Upon-receipt of written notification from. the Owner certif in Y g hat the Contract i final and complete, and that the Contractor has co lied :with all requiren~nts and procedures applicable to the Contract, Escrow Agent shall re ease to Contractor all securities .and interest on deposit less escro~v fees and .charges of the Escraw.Account.. The escrow shall be closed immediately upon disbursement of all moneys ;and. securities... on deposit and payments of fees and charges.. 9. Escrow Agent shall rely on the written notifications from the owner. and the Contractor pursuant to Sections (4~ to (6), inclusive, of this agreement and. the ,Owner ahd Contractor shall hold Escrow Agent harmless from .:Escrow Agent's release and disbursement of the securities and interest as set forth above. _ 10. The nan~s of the ,persons who~.are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in: connection with the foregoing, and exemplars of their res ctive si atures ~ ~ are as follows: On behalf of ..Owner.: On behalf of Contractor: Title Title Name Name Signature Si nature g Address Address D1 PA.WB.42 2 On behalf of Escrow Agent: Title Name. Signature Address At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed. counterpart of this Agreen~nt. IN TiJiTNESS WHEREQF, the parties haue executed this Agreement by their proper officers on the date first set forth above. Owner Contractor r Title Title Name Name. Signature - Signature D1 PA.WB.43 3 coNTRAor No. DESCRIPTION OF PROJECT -CITY OF BAKERSFIELD s .Y THIS AGREEMENT, made and entered into this day of , 19.87, by and between the CITY OF BAKERSFIELD, a municipal corporation, w hereinafter called "City," and ,hereinafter called "Contractor"; WITNESSETH: WHER~~AS, City. has duly advertised for sealed proposals for Installin Traffic Si al at Pacheco Road and wible Road. , within the City of Bakersfield. On the 26 day of ~~1987, the contract was awarded to Contractor upon his properly executed bid; and ~ifiEREAS, one of the conditions of said award required a f ormal 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 , within the- City of Bakersfield. ARTICLE II The follc~►ring shall be deemed to be part of this contract as if fully set. forth herein: 1. Information to Bidders 2. Special Provs-ions 3. Bid Proposal- 4. Bidder's Bond 5. Performance Bond G. Mate-vial 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.. Dl PA.~lB.44 -1- 4 Contract TM.. i