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1989 Special Provisions Project 41001
COPY NO. CITY OF BAKERSFIELD CALIFORNIA SPECLFICATIONS IrJFORMATION Ta BIDS SRS SPECIAL PIR~ISIONS BID PROPOSAL • ~ FOR 4 ~ ~~J~~~~J~J~~~7~~1J~~7~~~~~~iJ1J~~~~IJ~IJNIJ~LJ~IJ~~J1J~17J~~~a71.~~~~~~~~~~~~~~T~~1J~ssss zJV~~ ~ Tl~'FIC SIGIVAI~ SYST~l.~M ON AKERS ROAD AT PLANZ ROAD BID DATE ~ April 13, 1989, x:00 P,M. DEP~NT OF PUBLIC T+~RKS :4 CITY OF &~'~KERSFIELD, CALIFORNIA 1501 TRU~'I'UN A~IENUE ~~KERSFIELD, CALIFORNIA 93301 D6: 41001 GG:wrn Addendum No. 1 Sheet 1 of 1 PROJECT: Traffic Signal System on Akers Road at Planz Road BID OPENING DATE: April 13, 1989 TIME: 2:00 P.M. NOTICE TO ALL CONTRACTORS BIDDING THIS WORK 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. R~~VISION: PLANS No Changes SPECIFICATIONS Page 30, Article ~j7 SIGNAL FACES AND SIGNAL HEADS. Add the following: The third sentence of the first paragraph of Section 86-4.06, "Signal Mounting Assemblies," of the Standard Specifications, shall be amended to read as follows.: Slip-fitters and terminal compartments shall be cast bronze or hotdip galvanized ductile iron. NOTE: All Contractors bidding this work shall denote in their proposal that they have received Addendum No. 1 and bids shall reflect these revisions. APPROVED BY r - r ~ ~ Stephen Walker Darlene wisham Traffic Engineer Purchasing Officer 4:AKERSROAD GG:lh CITY OF B~~KERSFIELD DEPARTMENT OF PUBLIC WORKS NOTICE TO CONTRACTORS SAD 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 APRIL. 13, 1989 to be publicly opened and read immediately thereafter, for the following work: T]'~AFFIC SIGNAL SYSTEM ON AKERS ROAD AT PLANZ ROAD Plans and specifications, and forms of proposal, bonds, and contract, may be obtained at the office of the Purchasing Officer b~ posting a refundable deposit of zero ~ $ 0.00 } for each ccxnplete set. Refund of deposit will be made provided the plans and specifications are returned to the Purchasing Officer within ten ~1~7 days from date of bid opening and the doc~uner~ts are in reasonable good condition. No bidwill be considered unless it is ~,ade on a propos~l.forn~ furnished by the Purchasing Off ,cer, which appears herein irr~nediately following the sped- ficatons of the project,. and -is rude in accordance with the provisions set: forth under Section 2, "Proposal R~quirem~ents and. Conditions" of the Standard Specifications of the Department of Transportation, Business & Transportation Agency, State of California, under date of Jar~uary,.:1988. Each bid must -be accompanied by a proposal guarantee ire ..accordance with the requirements of arti-~ cle 2-1. Q7 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: perforri~ance shall be permitted pursuant to the provisions and requirements of Gover~ent Code 4590. The eligible securities include interest bearr~g`den~a~d deposit accosts, standby letters of credit, or any other security agreed to by the Contractor and the City. of Bakersfield. ~.'he request for substitution ~f secuztes to be deposited shall be si~bm~tted on the fora entitled~nEscraw agreement for Secuzity Deposits in Lieu of Retention" included in the back of these special provisions. The Contractor m~ust,.possess a valid Class A or Class C--10 Contractor's License. at the time this contract is awarded. SPECIFICATIONS: The work embraced herein shall be done in .accordance with the Standard .Specifications of the Departr~er~t of .Transportation, Business and Transportation Agency, .dated .January, .1988, insofar as the same gay apply. and in accordance with the .following provisions. D6: 41001.1 1 GG:wrn PR~~C'~tESS OF TAE W~RR AND TII~ k'oR C~OMP'LETI0~1. Attention is directed to the provisions of Section 8, 8-1.03, "Beginning of Work,." Article 8-1.06, "Time of Completion" and Article 8-1.07, "Liquidated Damages," of the Standard Specifications, and is specifically hereby made a part of these special ..provisions. The .first paragraph of Section 8-1.03, "Beginning of Work," of the ,Standard Specifications, is amended to reade The~Contractor shall begin 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 40 working. days.. ~ . Contract working days will commence Pram 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 fr~n 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..projectuntilall ccymponents necessary fQr operation o~ the ,signal system. are on hand. The-Contractor will be grated an extension of time and will not be assessed .with liquidated d~~rnages or the cosh of engir~eeririg and inspection for any portion of~ the delay In completion of the work .caused. by manufacturing time: The number of days extension hall be the wprk~r~g days between the date as determined according to Special .Provisions Section 4-1.O1 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 ~ nsat-ion. for conformity to the re iremer~ts of above ra ra h 9 ~ _ ~ g p shall be considered as included in the prices paid for the various items of work and no additional allc~ance will be made therefor. D~: 41001.2 -~2- GG:wrn CITY OF ~~KERSFIELD, CALIFORNIA DEPARTMENT OF PUBLIC WORKS SECTION 1. PROPOSAL REQUIRIEMENTS (a } GENERAL IIJFORMATIONe The Purchasing Officer of the City of Bakersfield, California, will receive at her office, Cit Hall, in said Cit ~ y Y, until 2 o clock P,M. on APRIL 13, 1989 sealed proposals for TI~AF'FIC SIGNAL SYSTEM ON A~K~~RS ROAD AT PLANZ~ ROAD. (b } PRQF~~SAL FORM. All .proposals must be made upon blank f orn~s to be obtained from the Purchasing Officer, the form of which appears herein ~di~ ately following these specifications. All proposals must give, the. prices ro~ o a o p e passd, both in writing and f ~.gures, and must be signed by the bidder, with his address., If the proposal is made by an individual,-his name and post office :.address must be shown., If made by a f irm or partnership, ~ the name. and post off ice address of each member of the firm or partnersh must be shcwra. If p made, by a corporata~on, the proposal must show the names of the state under the laws of whichthecorporaton was chartered and .the names,. titles, and busi- Hess addresses of the president, secret<~ry and treasurer. (e} BIDDER'S GUARANTEE. All bids shall be presented under sealed cover. and shall be accompanied by a certifiedcheck or bid bond made payable to the Gty of Bakersfield, for an amount .equal to at least ten percent (l0~ of the amount of said bid, and no bid .shall be considered unless such c~rti.- fled chock or bid bond is enclosed therewith. (d } RETURN 4F BIDDER'S GUAR~~1'1'IES. Within ten (10 } da s of ter the y award,. of .the contract, :the C~t~r of Bakersfield will return .the proposal guaranties acca~~npanying such of the proposals as are: not to be considered in faking the award. All other. proposal. guaranties wall be held until the con- tract :has been finally executed, after which they will be returned to the respective bidders whose proposals they. accompany.,. (e} C0~~3Ci~ACT .BONDS.. The: Contractor shall furnish two ood and suffi- 9 dent bonds, One.. of the said bonds ,shall guarantee the faithful'` performance .of the said contract by the Contractor and shall be in an amount equal to one . hundred percent (100} of the contract price. The other of the said .bonds shall be in an amount of fifty percent (50~} of the. contract rice and shall p furn~ahed as required by the teams of an .,act entitled: "An act to .secure the. pant of the -.claims of rsons a to ed Ae ~ y 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 perf or~nance of such words, 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 C i t Y Attorney. D6: 41001.3 -3- ~ GG:w~rn Whenever any surety or sureties ors any such bonds, or on an bonds y, required by law for. the protecta.on of the claims of laborers and material n~en, become insufficient, or the Mayor has cause to believe that such curet or sure- • o y ties have become insufficient, a demand a.n writing may be made of the Contractor f®r such further bond or bonds or additional surety, not exceeding that on - 9 Wally required, as is considered necessary, considering the extent of the work. remaining to be done. Thereafter no payment shall be made upon such contract to the Contractor or any assignee of-the Contractor until such further bond or bonds or additional surety has been furnished. (f } R]~JECTION of P~oP~~~s coN~~INIr~ ALT~zoNS, E~sv~~ o~ I~ZREGUL~~RITIES~ Proposals may be rejected if they show any alterations of form r additions not called for., conditional or alternative bids, incomplete bids,. era- s~res or .irregularities of any kind. Proposals in which the rites obviousl p y are unbalanced~may be rejected. The right is reserved to reject any and all proposals. (g } AW~tD of C!Q~~7"RA~"T. The award.. of the contract, if it be awarded, will be to the lowest responsible bidder. The langua a "res nsible" refers to g Po not only the attribute of trustworthiness, but also to 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) da s o o y _ after the opening of the. proposals ,unless extension is approved by the lowest responsible bidder. (h}~ ExECUTION OF BRACT. The contract shall be si ed b the - ~ , Y successful bidder and returned,, together wa.th the contract bonds within ten (10) days, not including Sundays, after the bidder has received notice that the contract has been awarded. Na proposal shall be considereo bndin u n the _ 9 po C ~y 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 ar~d file acceptable-bonds as rovided p herein within ten ~l0} days, not .including Sundays,. after the bidder has received r~~tcethat the contract has been awarded, shall be just cause: for the cancellation of the award and the forfeiture of the proposal guaranty. - (i) E;K~~MINATIONS: OF PLANS, SPECIFICATIt~1S, .SPECIAL PRwISIQNS AND sITE OF WDRK. The bidder is required to examine carefully the site of, the proposal, plans and speca.f icatons ,and. contxact forms. for the work conteimplated, and it will be assumed that the bidder has investi atedand is g satisfied as to the conditions to be encountered, as to .the characters. quality, and quantities of work o be performed and.-materials to be furni hells and as to the..require~nts of -the specifications, the special provisions, and the: contract. It is mutually agreed that the submission of a proposal shall be considered: prima facie evic~nce that the bidder has made such examination. D6; 41001. 4 -4- GG:wrn SECTION 2. SCOPE OF 1+~RK {a) ARK T~ 8E DONE. The. work to be done consists of furnishin all g .labor, materials, methods and processes, Implements, tools and machinery, .except as otherwise specified, which are necessary and required to construct the pro- posed improvements, as designated in the contract. {b) ~ ALTI~RATIONS. By mutual consent in writing of the parties .s a- a a ~ tory to the contract, alterations or deviation, Increases or decreases, addi- Lions or {missions, in the plans and specifications, ma be made and the same y shall in no way affect or make void the contract. The City of Bakersfield reserves the right to increase. or decrease the quantity of-any item or portion of the work, or to omit portions o~ the work as may be. deemed necessary or expedient by the Engineer. { c) E;~TRA t~RK. New and ~ unf oreseen work will be classed as extra work when such work cannot be covered by any of the various items or combination. - of ..:items for which there is a bid price. The contractor shall do no extra work except upon written order from the Engineer. For such ,extra work. the .contractor shall receive .nt as re- . p viously agreed upon in writing, or he shall be paid on force account. . {d) .REMO~JAL OF OBSTRUCTIONS.-The contractor shall remove anddis se r a of all structures, debris, or:other obstruct~.ons or anycharaeter of the.con- structon of the. street or road, if and as required by the En ineer. g The contractor shall remove. and dispose of all trees designated b the y Engineer as obstruct~.ons to the proper completion of t.h~ work. The. removing a~ddisposing of all-obstructions to the. prosecution of the contact, unless otherwise specified, shall be considered as included in the various items of contract work and no additional c nsation will be allowed therefor. . {e) FINAL CIL~~ANING UP. Upon cc~npletion and .before makin a licaton g Pp for .acceptance of the work`,. the contractor shall clean the street or road, bor- . rqw pitB, and all ground occupied-by him inconnectionwth the work, of all rubbish, excess materials, temporary structures,. and equipment; and all arts of P he work shall be left in a neat and presentable conda.t~.on~ D6: 41001,5 -5- GG:wrn SECTION 3. CON'T'ROL OF THE WC?RK Via) AUTHORITY OF THE ENGINEER. The engineer shall decide any and all questions which may arise as to the quality or acceptability of .materials fur- noshed and work performed, and as to .the manner of perf or~aance 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 mutuallyagreed, however, that the approval by the Engineer of . the contractor's working plan does not relieve the. contractor of any responsibility for accuracy. of dimensions .and details, and that the contractor shall be respon- sible for agreement and confor~ity of his working plans with the approved plans and specifications. ~ c } CONFORMITY. WITH PLANS AND ALL~i~ABLE DE~JIATION. Finished surf aces in all cases. shah conform with. the lines, grades, cross-sect.-ions, ar~d dim,~en- lions shown on the approved plans Deviations from the approved plans,.as may be required by the exigencies of construction will be determined in .all cases by the Engineer and authorized in writing. -.4d} COQRDINATION~:OF~PLANS, SPECIFICATIONS, AND SPECIAL PROVISIONS. These specifications,- the plans, speoial provisions, and all; supplementary docu- n~nts are essential parts of the contract, and a requrement:.occurrng in one is a binding as.though occurring in all. They are intended to be cooperative, to describe, and o provide for a co~rplete r~ork, Plans shall governoverspecifi- catons; special provisions shall govern over both speci~i.cations and plans. city specifications shall govern over State Standard Specifications. (e} INTERPRETATION OF PLANS. AND 5PECIFI~CATIONS: Sh~ld it appear that the- w©rk to `be done, or arty :matter relative,. t~eretc~, is nod sufficiently detailed or: explained in these specifications, plans, and the special provision, the contractor shall apply to the Engineer for such further ela~atons as may be necessary, andshall conform to such explanation or interpretation as part. of :the .contract,. so far as may be consistent with.. the intent of the orgi- nal specifications. In the .event of doubt or question relative to the. true meaning of the specif icatior~s, reference shall be made, to the City Council, whose decision .thereon shall be final. D6: 41001.6. -6- GC:wrn . In-the event of any discrepancy between any drawings and the figures written thereon, the figures shall be taken as correct. ~f} SUPERINTENDENCE. Whenever the contractor is not. present on any part of the work where it may be desired to give direction, orders will be given by the Engineer in writing, and shall be received and obeyed by the superinten-~ dent or foreman in charge of the particular work in reference to which orders are - given. (g} LINES AND GI~DES. All distances and measuren~nts are given and will be made in a~ horizontal plane. Grades are given from the top of stakes or nails, unless otherwige noted on the plans. Three consecutive points shown on the same rate of slope must be used - in comumon, in order to detect any variation from a straight grads, and in case any such discrepancy exists, it must be reported_to the Engineer. If such a dis~ crepancy is not reported to the Engineer, the contractor shall be responsible f®r any. error in the finished work. - - . The contractor shall give at least 24 hours. notice. in writing .when he will require. the services of the.Engineerfor laying. out any portion ofthe work. . ~ -The contractor shall, furnish the Engineer such facilit%es and labor, necessary _ for making and maa.ntair~ing points .and .lines, as he .may require. Payment for labor furnished by the Contractor for such purposes is considered as included in various items of work .and no additional.-compensation will be allawed therefor. The contractor shall preserve all stakes and .points set fer lines, grades, or measurements of the: work in their proper places until.. authorized to ren~ve them by the Engineer. A11 expenses incurred in replacing stakesthat have been.removec without proper authority shall be paid by the contractor, ~h} INSPECTION. The Engineer shall at all times have:. access to the work-during construction, and shah be furnished with every reasonable facility. for discertainng full knowledge respecting the progress, workmanship,-and char- . aster of materials used and employed in the. work. ~lhenever~the contractor varies the. period during which work is carried on-,each day, he shall give due notice to the Engineer, so that proper inspection may be provided. Any .work done in the absence of the Engineer will be subject to rejection. . The inspection of the work. shall not relieve~the~contractor of any of his obligations to fulfill the contract as prescribed. Defective work shall be made good:, and unsuitable materials may be rejected, notwithstanding the fact. that . such. defective work and unsuitable materials have been previous y overlooked by the-Engineer and accepted or estimated for ;payment. - Projectsfinanced in whole or in part. with State funds shall be subject to`inspecton at all ties by the Director of Public Works, or his agents.. Vii) REMOVAL OF DEFECTIVE'AND...UNAUTHORIZED.WORK... Allwork 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. D6:41001.? GG:wrn Any work done beyond the lines and grades shown on the plans or estab- lished by the Engineer, or any extra work done without written authority, will be considered as unauthorized and will not be paid for. Upon failure on the part of the contractor to comply forthwith with any order of the Engineer made under the provisions of this article, the Engineer shall have authority to cause defective. work to be remedied, or removed and replaced, and unauthorized work to be removed, and to deduct the costs thereof from any monies due or to become due the contractor. ~j7 FINAL INSPECTION. Whenever the work provided and Conte lated b y the contract shall have been satisfactorily completed and the final cleaning up performed, the Engineer will make final inspection. ~ _ SECTION 4. C01~TROL OF MATERI~~LS ~ a ~ ~ SAMPLES AND TESTS. At the option of ,the ~ Engineer, the source of supply of each of the materials shall be approved by the Engineer before deliv- ery is started and before .such material s~used in the work. representative preliminary s~~mples of the character and quality prescribed shall be submitted by the contractor or produc~:r of all materials to be used in the work, for test- ing or examination as desired by the :Engineer. All tests of materials furnished by the contractor shall be made in accordance with commonly recognized standards of national organizations, and .such special methods and tests as are prescribed in the specifications. The contractor. shall furnish such samples of materials as are requested by the Engineer, without charge. No material shall be used until it has been. approvedb~ the Engineer. Steles will be securedand.tested whenever necessary, to determine the quality of material. _ fib) DEFECTIVE MATER?~~I,S. All materials not conforming to the require~ents of these specifications shall be.consdered as defective, .and all such materials, whe her in place or not, shall be rejetted..and shall be removed immediately from the::site of. the work unless otherwise permitted: by the Engineer. No rejected. _material, the defects Qf which have :.been- subsequent y ..corrected, shall: be used until approved in writing by the Engineer. Upon failure on he_part of the contractor, to comply with an order of Y the Er~,gineer 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. i D6: 41001.8 -8-- GG:wrn SECTION 5. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC ~a) LAWS TO BE OBSERVED, The contractor shall keep himself fully informed of all existing and future State and National laws and all 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~ HO~JRS OF LABOR. The contractor shall forfeit, as penalty to the City of Bakersfield, Ten Dollars ~ $10.00 ~ for. each laborer, work~rtian, or mechanic employed in the execution of the contract by him, or by any subcontractor under him, upon :any of the work hereinbefore mentioned, for each calendar day. during which said laborer, worl~nan, or mechanic is required or permitted to labor in violation. of the provisions of Section 1810 to Section 1815, inclusive, of .the Labor Code, _ ~c) The contractor .shall comply. with. Section 6705 of the Labor Code which provides that the contractor's responsibility shall be as follows: If the contract price for the project includes an expenditure in excess of twenty-five thousand dollars ~ $ 25, 000 ~ for excavation of any trench or trenches five feet or more in depth, the contractox° or his subcontractor shall not begin any trench excavation unless a detailed plan,. showing the design of shoring, bracing, sloping or other provisions t® be ..made for .worker protection during the excavation of the tench, has been: submitted by the contractor to the City. Engineer and the detailed .plans hae been approved by the City Engineer, If such plan varies from the shoring system standards established by the construction Safety .orders of the Division of Industrial Safety:, the plan shall be prepared by a registered civl~~o~ structural engineer. Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less. effective than that required by the Construction Safety. orders of the Division of Industrial Safety. Nothing in this section shall be construed to impose tort liabi ity on the awarding body or any of its .employees. The... terms"public works" and "awarding body", as used~in this sections. shall have the same meaning as in Labor Code Sectons.1720 and 1?22 respectively. D6: 41001.9 -9- GG:wrn ~~g) REGISTRATION OF CO~V7^RACT~RS. Prior. to award, Contractors shall be licensed in accordance with the provisions of .Section ?055 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. Vii) PATENTS. The Contractor .shall assume all responsibilities aris- ing fran the use of patented materials, equipment, deices, or processes used on or incorporated in the work. ~j) PUBLIC CwvENIENCE AND ..SAFETY.. The Contractor shall so conduct .his: operations as to cause the... least possible obstruction-_and inconvenience to public traffic. Unless other existing streets are stipulated in the special _ , provisions to be used as detours, all traffic shall be perm3ated to_pass through the-work. Res-idents 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 moret~lan one cross or intersecting street o~° road shall be closed at any time without the approval of the Engineer. The Contractor shall furnish, erect, and maintain such fences, barriers, lights, and .signs as are necessary. go give.:adequate warning to .the public at all times. that the improvement is uhder the constructifln and of .any dangerous conditions to be encountered as a result thereof, and-he shall also erect and maintain such warnings and directional signs as may be furnished by ..the City. k'ull ~cx~pensation for conforming to the provisions of this Section 5 a {j) hall be considered as included in the prices paid for the various contract items ofwork and ne additional compensation will be allowed therefor. ~k) RESPONSIBILITX FOR L~~MAGE The City of Bakersfield, the Ci y Council, or the Engineer shall. not be answerable or accountable in any manner for any loss or damage hat may happen to the w©rk 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 pf the work at any. time before ffinal.:acceptance. The Contractor shall indemnify and save har~.PSS the City of Bakersfield, the City Council, and the Engineer from any sui s, ,claims, or actions brau~ht by any .person. or persons for or on account of any injuries or damages sustained. or arising in the construction of the work or in consequence thereof D6: 41001.11 -11- GG:wrn ~1~ CO~~7CRACTOR'S RESPONSIBILITY FOR-WORK. Except as rovided above p .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 d~~ma a to an g Y ..part thereof by the action of -the elements or from any other cause, whether arising from the execution or from the non-execution of the Work. The Contractor shall rebuild, repair, restore,-and make good all .injuries or dama es to an o 9 Y portion of the work occasioned by and of the above. causes before ~f final accep-~ tance and shall bear the expense thereof, except such injuries or damages occa- sinned by acts of the Federal Gover~~ent or the public enemy. ~m~ N0 PERSO~JAL LIA~3ILITY. 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 OE-CITY. The City. of Bakersfield shall not. be held ..responsible for the care or protection of any material or pests of the ,work. prior to final acceptance, except as expressly..provided in these specifications. y :i - D6: 41001,12 -12- GGewrn SECTION 6.0 PRC?SECUTION AND PRI~C~ESS (a) SUBL~~7fiING 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 specif icat-ions. there a portion of the work sublet by the Contractor is not being pro- secuted in a manner satisfactory to the City Engineer, the subcontractor shall be removed.~im~nedately 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 ~ Q~tACTER OF WgRI~iEN. If any subcontractor ar person employed by the Contractor sha13. fail or refuse to ca~~ry 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 lately on the requisition of thee- Engineer, and such person shall not again be employed on the work,. (d) TIENiPORARY SUSPENSION OF ~R~. The Engineer shall have the authority to suspend the work wholly or in part, for such period as he gay deem... necessary, due to unsuitable weather, or to such other conditions as-are consid- erect- unfavorable for _ the suitable prosecution of the work., or for such time.- as he may deem necessary, due o thefailure on the part of he Contractor to carry aut orders given, or to perform any provi ions of the ~ work. The Contractor sha~.l immediately obey such order of the Engineer and shall not res~~ine the., work until ordered in writing by the Engineer. TYME OF ~?MPLETION AND LIQUIDATED l~'~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 -t3.rae limit as set forth: in these . pecif icatons, damage will be sustained by the City of Bakersf ield_ 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 he City of Bakersf eld~ the sum Of Two Hundred Dollars ~$20Q.00~ per day for each and every calendar day's delay.. peycnd the' tune prescribed to complete ;thee work, and the Contractor agrees to - pay such liquidated d~~mages as herein provided, and in case the same are not pair, agrees that the City of Bakersfield may deduct the amount thereof from any money due or that may, become :due the Contractor under he contract. D~: 41001.13 -13- GG:wrn It is further agreed that in case the work called for under the con- tract is not finished and completed in all parts and requirements within the time specified the .City Council shall have the right to extend the time for co9m- pletion or~not, as may seem best to serve the interest of the City; and if it decides to extend the time limit for the completion of the contract, it shall - further have the right to charge to the Contractor, his heirs, assigns or sure- ties, and to deduct from the final payment for the. work, ail 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,-a-nd which accrue during the period of such extension, except that the cost of final surveys and preparation of final estimate shall not be included in such charges. The Contractor shall not be assessed with liquidated damages nor the cost of ..engineering and_-inspection during any delay in the completion.-of-the work caused by acts of God or of the public enemy, acts of the City, fire,. floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unu- sually.severe weather or delays of subcontractors-due to such causes; provided that the Contractor shall within ten ~10~ days from the beginning of .any such- . delay, notify the Engineer in writing of the causes of~delay, who shall aster- fain the facts and the extent of the delay, and his findings of the facts thereon shall be final and conclusive. • ~ f a SUSPENSION OF CONTRACT. If at any tine in the opinion of the City Council, the Contractor has failed to supply an adequate working force, or.materal of proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the ~--terms of the contract, notice thereof in writing will be. served upon him, and should he neglect or refuse to provide means for: a -satisfactory compliance with the contract, as directed by the Engineer, within the time specified in such notice, the ,City Council in any. such case shall have the pc,~aer 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, he Contractor's control _ shall terminate, and thereupon the City. Council, or its duly authorised , .representative, may take possession of all or any part of the Contractor's materials, tools, equipment, and appliances upon the premises, and use the ,same.. for the, ,purpose Qf _ ccx~npletng said. contract., and hire _ uch force ,and .buy or rent: , . uch ad~itonalmach--finery, tools, appliances and equipment,-and buy such additional materials and supplies at the Contractors expense as may be necessary:.for the `proper conduct of the work and for the completion thereof; or may employ other parties to carry the contract to completion, employ the neces- sary workmsn substitute other, machinery or materials, and purchase the materi-- als contracted for, in such manner as the City Council nay deem proper; or the City Council may annul and canal the dontract and re~let the work or any part thereof. Any excess of cost. arising therefrom over and above:.the contract price . will be charged against the.:Contractor,and his sureties, who will be liable therefor.. In the event of_such suspension, all money due the Contractor or retained under the terms of this contract shall:.be forfeited to the City.but such forfeiture will not release the;. contractor or his. sureties from liability . or failure to fulfill the contract.. The Contractor and his sureties will be . credited with-the amount of money so .forfeited toward any excess of cost over and above the contract price, arising from the suspension of the 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.afterall dust claims .for such completion have been paid. D6: 41001.14 -14- ~:wrn In the determination of the question whether here has been any such .non-compliance with the contract. as to warrant the suspension or annu]].m,ent thereof, the decision of the city Council shall be binding on-all parties to-the .contract. tg) RIGHT QF ~Y. The right of way for the work to be constructed will be provided by the City.. The Contractor shall make his,awrl arrangements, and pay all expenses for additional area required by him outside of the limits of right of way unless otherwise :provided-in the: Special.Provisions. d D6: 41001.15 -15- GG:wrn SECTION 7. M1~A,5UlE~MENT AND PAY~!~~NT (a) EXTRA AND FORCE ACO~tJNT WnRK. Extra work as hereinbef ore ..defined, when ordered and accepted, shall be paid for under a written work order in accordance with the terms therein provided. Payment-for .extra work will be - made at the unit price or lump sum previously agreed upon by the Contractor and the Engineer, or by force account. J~ ~ if the work is done on force account the.Contxactor shall receive the actual cost of all material-furnished by him as shown by his paid vouchers, plus fifteen percent (15~}, and for all equipment and teams that are necessary he shall receive the current prices in the locality, which shall have been previ-~ ously determined and agreed to in writing by the Engineer and by the Contractor, plus fifteen percent..(15~} and for alllabor that is necessary he shall receive - the current pr-ices in the .locality, plus twenty .percent (20~} provided, however, that the City reserves the right to furnish such materials required as it deems . expedient, and the Contractor shall have no claim for profit on the cost of such = - materials.-The price-paid fore. labor. shall include all payments impoeed 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..r~port sheets, prepared by the Engineer, furnished to the Contractor and signed by both parties, which daily reports. shall thereafter be considered the true record of extra. work or force account work done. (b) PR~x~ESS PAYMENTS. The Contractorshall,-once in each month, submit for approval, an estimate in writing to the City~Engineer of the total amount o~ 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 f as part security for the fulf ilJ~ent of the :contract by the Contractor, and shall mthly pay to the"Contractor, while carrying on the work, thebalance not retained.,: as aforesaid.,;. .after deducting the~ef rcxn all previous payments and all sums . to be kept or retained- under the provisions of the contract. No ouch estimate or payment shall be required o be made,.. when in the judgment of the City engineer the work is not proceeding in accordance with the provisions of the con. tract, or when in his judgment the total :value. of the work done since .the. last est.m~ate amounts to less than Three Hundred Dollars ($300.00}. (c) FINAL.PAYMENT:.. The City Engineer shall, after the completion of the contract,~make-a final estimate of the amount of :work done thereunder., and the value of such work, and the City of :Bakersfield shall pay the entire sum so-- found to be due after deducting theref rc~n all pre~~ous payments and a1~1. amounts t~o be kept; and all amounts to be regained under the provisions of the contract.: All.: prior ..partial.. estimates and payments shall be subject to correction in the final estimate and pay~rent. The final payment ,shall not be due and payable until the expiration of thirty (30~ days from the date the "NOTICE OF COMPLETTOAI" is recorded at the County Recorder's Office. It is mutually agreed between. the parties to the contract that no cer- tif icate given or payments made under the contract, .except the final certificate or final payment, shall be conclusive evidence of the performance o~ 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. D6: 41001.16 -16- GG:wrn And the Contractor further agrees that the payment, of the final amount. due under-the contract, and the adjustment and payn~nt 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 pex~iated in accordance with ..the provisions and requirements of Gove~nt Code ~ Section 4590. . SECTION 8, PROVISIONS OF 5TANI~ARD SPECIFICATIONS . This work embraced herein shall be done in accordance with the. appropriate provisio~is of Specifications ,entitled "State of California, Department of Transportation, Standard-Specifications, July, 19S4,n insofar as thesame may apply, which specifications are hereinafter referred to as :the Standard Specifications, and in accordance with the follo~ri~q special . o. provisions. Whenever in the. Standard Specifications thefollawing terms are used, . they shall be understood to mean and refer to the following: . Department of Transportation, CA~TJ~ANS -The Engineering .Depart~ent of the City of Bakersfield. Director of Public Works -City Engineer, City of Bakersfield. Engineer ° The City Engineer, acting ether 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 Bakersffield. Otherlterms appearing in the Standard. Specifications, the ge~eralprovi- sions, and the special. provisions, shall have the intent and meaning specified in Section -1, Definition of Terms 'of the Standard Specifications. In he event that ar~y portion of ~.ne Standard Speeif cations . incorporated.heren:,shah conflict with any of the provisions delineated, in the special `.provisions section herein set forth, the provisions so delineated shah. take precedence over and shall be used in lieu of such conflicting portions of the Standard Specifications, D6: 41001.17 -17- GG:wrn SECTION 9. INSUR~~NCE The Contractor shall save, hold harmless and indemnify the City, its officers, agents, employees and volunteers from all claims, demands, d~~ages, judgments, costs or expenses in law or equity that may at any time arise frcxn or related to any work performed by the Contractor, his agents,. employees or -subcontractors under the terms of this agreement. In addition to any other form of insurance or bond required under the terms of thsagree~nt and specifications, the Contractor shall-procure and maintain for the duration of this agreement the following types and limits of insurance: Automobile liability .insurance, providing coverage. on an occurrence basis for bodily injury; including death, of one.or more persons, property . . damage and personal injury, with limits of not. i.ess .than one- million ($1,000,000} per occurrence; and General lablty:insurance, providing coverage on an ocairrence basis for bodily injury, including death, ofone or more persons,. property d~~nage and personal. injury, ..with limits of not less than..-one mlillon t~$1,000,000} per occurrence. . Workers. compensation with statutory limits and employer's liability insurance with. limits of note less than one million ($1,000,000} per accident. Ali policies required of the Contractor hereunder shall be primary insurance as respects the City,. its mayor, council, officers, agents,., employees and volunteers and any insurance or se f-insurance maintained by the City, its mayor, council, officers, agents, empl®yees and volunteers shall be excess of the Contractor's ::insurance .and hall .not contribute with. it. The auta~ble liability policies shall provide coverage for owned, ndn-owned and hired autos. The liabilty.policies,shall provide contractual liability coverage for the terms of this agreement. The liability pol~cesshall contain an additional. insured endorsement. in favor. of the City, its mayor,. council, officers, agents, .employees and volunteers i The worl~ers ~ ec~ensation policy shall contain a waiver of subrogation ......:endorsement,.. in .favor of :the City, its mayor, council, officers, agents, employees and volunteers. D6: 41001.18 X18- GG:wrn All policies shall contain the following endorsements: An endorsement providing the City with ten X10) days written notice of cancellation or material change in policy language or terms. If any part. of the ,work. under this agreement. is sublet .similar insurance shall be provided by or on behalf of-.the subcontractors to cover their ©perations. The insurance required under this agreement shall be maintained until all work required to be performed under the terms of this agreement ,is satisfactorily completed as evidenced b~ formal acceptance by the City.. . The Contractor: shall furnish the City Risk Manager .and the Public Works; ..Department with a certif mate of insurance signed by an agent of the insurer evidencing the insurance required under this agreement, .All ..costs: of insurance requi-red.- under this agreement. shall- be included in the.Contract~r's bid, and no additional allaaance will be..madefor additional costs.. which. may be required. b~ extension of the insurance policies. D6: 41001.19.. -19- GG:wrn SECTION 10. QUANTITIES The follcx~ng prelimina estimate of the ' done .rY quantities of work to be and materials to be furnished are approximate onl , be.in iven as ' .for the c arison of bid Y fi g a basis s, and the City of Bakersffield does not expressl or b licatlon agree that the actual amount of w • Y y ork well correspond therewith, but reserves the right_to increase. or decrease the amount of ' .the work or any class or portion of to om~.t portions of the work that may be deemed necessa ore di- ent by the Engineer. ~ ENGINEER'S ESTIMATE ~ QUANTITY UNIT DESCRIPTION l • Lump Sum Traf f is Si ' final and Light~.ng system... 2. I306 SF Remove Treaffi ' c stra.pes and Pavement Markings. s D6: 41001.20 _20_ GG.wrn .SECTION 11. MATERIALS The Contractor-shall furnish, for use under theses cial ' all materials re iced i~ proulsions, qu to complete the attached contract., except those materials. provided by the .City .where specified in these special provisions. SECTION 12. DESCRIPTION OF 'WORK. The general description of work is as~follows: Installation of traffic signal system. Said work. is shown and detailed on a lan entitled: p Traffic signal system on Akers Road at Planz P,oad D6: 41,441.2.1. .21_ , GG.wrn SECTION 13, GENERAL PROVISIONS, (a) PUBLIC SAFETY AND PRESERVATION OF PROPERTY. Attention is directed to Section 7 of the Standard Specifications, The Contractor shall com~aly with the provisions of this section, except as otherwise directed by the Engineer. Such provisions. for public safety shall meet the minimum requirements and .shall be subject to the approval of the City Engineer. Fu11 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}- OBSTRUCTI~IS. Attention is directed to Section 3~1s10, "Utility and Non-Highway Facilities," of the Standard Specifications, the plans, and the. special provisions. where extra work is required by said section it shall be paid for as provided in Section 7. (a) ®f 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, "Preservatipn of Property," and ?~-1.12.,. "Responsibility for Damage," of the Standard Specifications, the Contractor will be liable to owners of such facilities and improvements for any d~~m~age or interference with service resulting from conducting. hi. operations. The exact location of underground facilities and improvements within the con- struction area shall be ascertained by the Contractor before using equent that may d~~r~age such. facilities or interfere with the services. Other forces may.,.., be engaged in wing or removing utility facilities or other improvements or maintaining services or utilities. The Contractor shall cooperate. with such forces and conduct his operations in such a manner as to avoid any unnecessary delay pr hindrance to the work being performed by other such forces. Any. delay to the Contractor due to utility relocation whether, or not the utility is shown or correctly located on the plans will not be compensated for as ~.dle time., Haaever, additional contract time ccxrn~ensurate with such delays may be al owed. - At locations where irrigation systems exist, the Engineer will direct thee..::Contractor as to what steps will be required to protect the irrigation sys- temand the area it serves. The Contractor shall replace the irrigation system as .directed by the Engineer. Existing land subdivision monuments and stakes. shall be fully protected from .damage or displacement. and they ,shall not be disturbed unless directed by the Engineer. .Attention-is directed to-the fact that nu~sa~~ce water maybe present at all times along the project...It will be the responsibility of the Contractor to provide for handling of said. water and any expense involved shall be considered as included in the prices paid for. the various items of work and no additional allowance will be made therefor. Except in the case of extra work, full ccx~npensation for .conforming to the requirements of this article shall be considered. as included in the prices paid for the various items of work and no additional ccxnpensation gill be made therefor. D6: 41001.22 -22-- GG:wrn ~ c } ~iISSI~IS IN SPECIFICATIONS AND DIR~~WINGS. ,Any materials or work mentioned in the specifications and not shown; on the drawings or shown on the drawings and not mentioned in .the specifications shall be of the same effect as if sho~►m or mentioned in both, Omiss-ionsfrom the drawings or the specifications of the materials or details of work which are manifestly or obviously necessary to car out the • ~ ~ intent of the drawings and specifications or which are customarily furnished or performed, shall not relieve the Contractor of his responsibility for furnishin g 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} MATERI~~LS. Whenever any material is specified. by name and nw~ber thereof , -such specifications shall be deemed to be used. for the purpose of f aci-- litating description of the materials and establishing quality, and shall be deemed and construed to be followed by the words "or approved equal", No sub- , stitution will be permitted other. than as described herein unless authorized by the Engineer before the bids~are opened. A11 materials shall be new. and the best of their class and kind. - ~e } A~3ST1!~NT OF OvER1=~EAD Cc~'TS. The provisions. of Section 91.08 of the Standard Specifications shall not apply to final cost of this contract and no final adjustment for overhead costs will be made, DUST CONTROL. It shall be the Contractor's responsibility-to re- . p vent a dust nuisance from originating -from, the site of the work as a result of his operations during the effective period of this contract. Preventative meal-~ ores to be taken by the Contractor shall include but shall not be limited to the f o]aowing ; 1. Water shall be ..applied to all unpaved areas as required to present the surf ace f r~ becoming dry :enough to permit-dust formation. - 2. Payed surfaces over which vehicular traffic is permitted to trauel shall be kept free of .dirt. Temporary suspension of the work, either as a result of order by the _ Engineer, or as a result o~ conditions beyond the control of the Contractor _ shall not relieve the Contractor from his responsbility~.for dust control as set forth herein. _ Full compensation for conforming to the requirements..of this article shall be considered as included in the prices paid for the various contract items of work and no additional cc~npensaton will be allowed. therefor, 4g} ~TERING. Furnishing and-appl~ring water shall conform to-the ro- . p visions of Section l7 0~ the Standard S~ecif icat~:ons, except that full compensa~- tion therefor.shall be considered as nclyded ~.nthe prices id for the various contractltems 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. D6: 41J01.23 -23- ~wrn (i} ALTERATIONS IN QUANTITY OF WORK. The provisions of Section 4~-1.038,.4-1.038(1), and 4-1.038(2}, of the Standard Specifications relative to increases or decreases in the quantity of contract item of work when no change in the character of the work is involved shall not apply to any contract item of work in this proposal and the City reserves the right to increase or decrease the quantity of any item or portion of work as may be deemed. necessary. or in the best interest of the City. (j) WORK IN CITY STREETS. All of the work shaven 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 half as to all regulations and require-~ meats of,the.City Engineer and Superintendent of Streets of .the. City of Bakersfield and shall conduct his operations in compliance therewith. (k) PERMITS AND LICENSES: The Contractor shall procure all permits and licenses, pay all charges and fees and give all notices necessary and-inci- dental to the- due and lawful prosecution of the work. (1 } MAIN'rAINTNG TIRAFFIC. Attention is directed to Sections 7~-1.08, "Public Convenience," and 7-1.09 "Public Safety," of the Standard Specifications. The Contractor shall comply with the provisions of these sections and these special . provisions. The Contractor shall furnish, install and maintain signs, lights, flags and other warning and safety devices when performing work-which interferes with or endangers the: safe movement of traffic on any street or highway. Signs, lghts...,flags andother warning-and safety devices and. their use shall confo~n to the requirements set forth...in the current "Manual of _ . . Traffic Controls Warning Signs, Lights, and Devices for Use in Perf o~rnance of Work Upon Highways," published by the State of California, Department of . Transportation. Application and. use of devices shall be as specified and as directed by the Engineer. The Contractor sha~.l keep ~ the .Bakersfield .Fire Department .informed at ~ . all times as to.the exact. location and progress of the.work and shall notify theme imr~edately -of any streets impassable for fire fighting equipment. The, full width of ~~he traveledway 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 ~n progress. Designated legal hc~l idays are : ~ar~uary .1st, the third i~onday in February, the last. Monday in_May., July 4th, the first Monday in September, November llth Thanksgiving Day, and December 25th. 'When a designated Iegal holiday fal s{on a Sunday, the following Monday shall be a designated legal holiday. When November lath falls on a Saturday, the preceding Friday shall be a designated legal holiday, D6: 41001.24 -24- ~ GG:wrn Personal vehicles of the Contractor's employees shall not be parked on -the roadway at any time, including any section closed to public traffic.. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. The provisions in this section may be modified or altered if, in the - opinion of the Engineer, public traffic will be better served and work expe- dited. Said modifications or alterations shall not be adopted until approved ih writing by the Engineer. The prices paid for the various contract items of work shall be con- sidered as full compensation for complying with the provisions of -this Section 13(k) Maintaining Traffic, and no additional .payment will be made therefor. -(m) ORDER OF 'G~ORK. Order of work shall conform to .the provisions in Section 5~1.05,~ "Order of Work," of the Standard Specifications and these spe- - vial provisions. All striping removal shall be completed a mni~rn~m of 2~days - - prior to signal .being placed ir~to operation. When initially installed,. ali vehicle and pedestrian signal faces shall be aimed and covered with cardboard or other material with an observation hale (max, l" dia.~ in front of each signal indication. The covers shall remain - in place until all signal operations have been checked and signal is placed into - operation. Prior to ca~mmencen~nt of the traffic signal functTOnal tests, all ..items of work. related to the signal control shall be completed and all igns shall be in place. (n) - CC~PERATIONS ~ The, Contractors shall cooperate. fully with the , _ - other Contractors performing work on the site. It is not anticipated that the work to be done by others. will ser- ausly delay the Contractor's completion of the work. Hawewer, if such work does result ~,n extraordinary delay, the Contractor may seek relief from liquidated damages asset forth in the. fourth paragraph of Article 6(e) of these S cial Provlsbons. - - Full compensation for complying with the. requirements of .this Article . 13~m~ shall be considered as ~ncluded~in the prices paid for the various con- - - -tract items of.•work and no additional allowance will be made therefor. D6: 41~d1.25 -~25- GG:wrn SECTI01~1 14. SPECIAL PROVISIONS EXISTING HI~Y FACILITIES. The work performed in connection with various existing facilities shall conform to the provisions in Section 15, "Existing ~iighway Facilities," of the Standard Specifications and these special provisions. - Existing highway signs and str-eet markers - shal-1 remain the ro rt of - p 1~ Y .the City of Bakersfield. Such signs-and. street ~arke~s shall be relocated and - maintained during construction so as to convey the same intent that existed prior to construction. Existing City highway signs and s-treet markers shall. be placed in - their permanent position. by the Contractor's forces prior to completion of construction. Signs removed Pram the project area shall be delivered. to the City Corporation Yard at 4101 Truxtun Avenue. C Full compensation for conforn~,ng to the requirements of the two receedin . - ~ ,p g .paragraphs shall be-considered as included in the prices pad,for the various items of work. and no additional allo~rance will be made. therefor. D6: 41001.26 -26-~ G%:wrn ~ c) ~ PARTICIPATION BY FOREIGN CO~CTORS AND .SUBCON'T'RACTORS. The Departn~nt will not consider for award any bid proposals subm-fitted an by Y Contractor, and will not .consent to subletting. any portions of the contract to any Subcontractor of a foreign Country during any period in which such forei .country is listed by the United States. Trade. Representative as discriminating against U.S. firms in conducting procuren~nt for public works projects.: In addition, no product of any such listed country shall .be permanently incorporated into the project. This special provision applies to the partici ation of Contractors p ~ Subcontractors and products of the following-countries which have-been listed by the United States Trade Representative: JAPAN For the pur~~ose of this Special Provision: 1. Any Contractor or Subcontractor who is a citizen or~national of a- _ foreign country or is controlled .directly or a,ndrectl . Y by citizens or nationals of a foreign country, shall be considered to be a Contractor or Subcontractor o~ such foreign country. The terms "Contractor" and "Subcontractor" also include any partner in a joint venture, 2 • Any product, of which fifty percent (50~) or more of its cost is attributable. to production or manufacturing in a fore count , ~ rY shall be considered to be a product of such foreign country.. D6: 41001.2? -27- GG:wrn SECTION 15. SPECIAL PROVISIONS - T]~A~'FIC SIC~V~~LS AND STREET LIC~ITING (a) DESCRIPTION. Furnishing, installing and modif in traffic si - Y g g pals and. highway l~.ghtng and payment therefor shall conform to the provisions. in Section 86, "Signals and Lighting", of the Standard S cifications and th I~ ese special provisions. c Traffic signal work is to be performed at the following locations INTERSECTION OF AKERS RaAD AND PLANZ.ROAD ~ b) R~rMUVING AND REPLACING IMPROVJEMENTS. R~rmoving and replacing improvements shall conform to the.provisions in Section 86-2.02, "Ren~ovn and g Replacing Improvements," of the Standard Specifications and these special .provisions. ~c) FOU~JI~ATIONS. Foundations shall conform to the rovisions in Section 86 2.03,. Foundations, of the Standard Specifications and these pedal provisions. . The Contractor shall furnish the anchor bolts, nuts and washers to be used for new foundations and shall furnish the .appropriate nuts and v~ashers for existing foundations to be reused. - Portland cement concre a shall conform to Section 9010, "Minor concrete," ~o~ the Standard Specifications .and shall contain not less .than 470 ds of cement per. cubic yard, except for pile fdations shall contain not less fi~~an :564 pc6unds of (cemeent per cubic. yard.: ~d) CONDUIT. Conduit shall conform to the.. rovisions in Section p 86-2.05, "Conduit," of the Standard Specifications and these special provisions.. - Insulated bonding bushings will be :required on metal conduit. Conduit shall.. be bored at ,crossings under. existin street ven~nt g , unless open-trencha.ng is allowed by the Engineer due to poor soilcondl~ions or . other circ~arnstances, ~e~ PULL .BOXES, Pull boxes shall conform to the rovisions in p Secta.on 862.46, "Pulp Boxes," of the Standard 5pecif icati.ons and. theses vial . 1~' provisions. - Recesses for suspension of-ballasts will not be required.. D6: 41001.28 -28- GG;wrn f) o~~JCTQRS AND WIRING. Conductors and whin .shall conform to the g provisions a.n Section 86-2.08, "Conductors," and Section 86-2.09, "Wiring," of the Standard Specifications and these special provisions. CCNDUCT~ORS -The Contractor shalluse multi-conductor electrical cables ~T~~pe IMSA l9-l~ for alI circuits: except .between the service switch. and ..controller cabinet. 0 . Only multi-conductor cable conforming to the follc~winq shall be used: 5 Conductor cable consisting of S No. 14 conductors colored l each red, yellow, brc~m, white .and black. 9 Conductor cable consisting of 1 No. 12 conductor colored white and . 8 No. 14 conductors colored 1 each red, yellow,. brown,. black, _ red black stripe yellow/black stripe,. brown black stripe and white black stripe. 28 ~ Conductor cable consisting of l~ No. 10 conductor colored white and 27 No. 14 conductors colored as indicated in the following conductor table for a single ring operation. o~NDTJCT4R TABLE Insulation Colors . Signal Phase Circuit _ or.Functan _ - ~ Base ~ Str 2 & 6 Red, Yellc~, Brc~m Black ~Iehicle 4 & 8 R+ed, ~ Yellow, Brc~m arsn e g Signals 1 ~ 5 R+ed, Yellow, Brawn ~ilve~ * 3 & ~ Red, Yellow, Brim Pu le 2p & 6p Red.,: Brown 2 Black Pedestrian 4p & 8p Red, Brown ~ 2 oran e g Signals lp & 5p R,ed, gown 2 Silver.. 3 & 7 Red, Brown 2 Pu 1.e 2p & dp Blue- Black Pedestrian 4p & 8p 81ue Oran e g _ Push Buttons p & 5p Blue Silver 3: & ? Blue Pu le Pedestrian- . Push Buttons _ White ~ Black Ccnon S i al white None Railroad Pre-e pion Black Red S are Black - None Tne cable sheath. shall ~e polyethylene and the conductor insulation shall be ~ polyvinyl chloride. Subparagraphs 1, 2, 4 and 5 of the first paragraph of Section 86-2.09D "Splicing," of the Standard Specifications are deleted. - D6: 41001.29 -29- GG:wrn Conductors shall be spliced by the use of "C" spa d c cession ~ ~ .,connectors as shown on Standard Plan ES 13, Splices shall be insulated by "Method B." (g) BIDING AND GROUNDING. Bonding and oundin shall conform to . " g the.provis~.ons ~n section 86-2.10 Bonds.ng and Grounding," of the Standard n Specifications .and these special provisions. (h) SERVICE. Service shall conform to the rovisions in Section • p 86 2.11, service, of the Standard Speclficata.ons and these special provisions. The Engineer will arrange with the sewn utili to c fete service • g tY .connections to service points.shown on .the plans and wild. pay all required costs and fees required by the utility. _ - _ (i) TESTING. Testing .shall conform to the rovisions in Section p - 86-2.14, "Testing," of the Standard Spedificationsand these special provisions.: . The signal shall not be placed in flashin mode, with si al faces g gn uncovered, .prior to the Functional Test.. (j) SIGNAL. FACES. AND SIGNAL HEADS. Signal faces, si al heads and auxila ~ ry equipment, as spawn on the plans, and the installation thereof, shall conform to the provisions in Section 86-4.01, "vehicle .Signal Faces," 86-4,02 r "Directional Louvers," 86-4..03, "Backplatesn and 8G-4,0.6, "Signal Mounting.. - Resembles," of the Standard Specifications and theses vial revisions. Ae p Housing, visors, directional louvers and back fates shall not be • - p structural. plastic. All lamps :for traffic signal units:. shall be furnished b the Y Contractor. All signal faces shall be previded with 12-nch`sections. ~k } PEDES~ SZC~~~IS. Pedestrian si als shall conform to the provisions in~Section 86-4.05,:"Pede~stran Signal Faces.," of: the Standard. Specifications and these special previsions. . Pedestrian signals shall be~'~~pe C, and hall have ener efficient heads gY equivalent to Indicator Controls Corporation Model 4094. (1) LUMINAIRES, Luminaires shall conform to the. revisions in p Section 86-~.O1 "High, Intensity-D~.scharge Luminaires," of the Standard Specifications and these special provisions, - I Luminaires shall be furnished with 200-watt hi h ressure-sodium l s g p amp and ,integral :ballasts. (m) PHOTOELECTRIC COL~TROLS. Photoelectric. controls shall- conform to ..the. provisions in Section 8d--6.07, "Photoelectric.Controls" of the Standard .Specifications and: these.. special provisions. Each luminaire shall be provided with`a IV hotoelectrical T~~pe p .control. D6: 41001.30 -30- GG:wrn (n} COILLERS, CABINETS AND AUXIL?.ARY EQUIPMENT. The Cit will Y ..furnish the controller and cabinet assembly for each location.. (o) DETECTORS. Detectors shall conform to-the provisions in Section 8~-5, "Detectors," of the Standard Specifications and these special provisions. Location and layout of detector loo s shall be as directed b the En ineer. p Y g INSTALLATION DE'.~ILS: Installation and tests shah conform to the details and notes shown on the plans. - Slots-cut in the pavement shall be blow out and dried before installin 9 inductive loop detectors. • After conductors are installed in slats cut in the pavement, the slots shall befilled -r~iah ...epoxy sealant conforming to -.the requirements - in Section 95-2.09, "Epoxy Sealant for Inductive -Loops," to within 1/8 inch of the avem~nt p .surface. The sealant shall be at least 1/2 inch. thick above the top conductor in the sa~r cut. Bef ore ~ setting, surplus sealant shall be removed fret the ad ' scent road surf ~ ~ ..aces without the. use of solvents. In lieu of the epoxy sealant specified above, slots ma be filled with y either of the follawing materials: 1. An elastom+~ric sealant conforming to the followin : 9 -The sealant shall be a polyuret~lane material of a co~aosi ion that will, w~.thin its .stated. shelf life, cure on1.y in the presence. of moisture. Sealant shall be suitable for use in both asphalt concrete and Portland cement conorete. ti The. cured sealant shall have the following performance-, characteristics: i a Measuring Standard Property and Results And Conditions Hardness (indentation) - 65-85 - ASTNi D 2240 Res. A, Model 17:00 . 7?° F._(25° C.} 5Q~ relative hum%dity. Tensile strength - 500 psi, min. ASTM D 412~De C lied at 20 IPM. pu Elgngation - 40Q~, mi.nimurn ~ ASTM D 412 Die C, ulled ~at 20 IPM. p Flex at - 40° F. - no cracks 25 mil Free Film Bend (180°) over 1 2" .Mandrel. atherng Resistance -Slight ASTM D 82~ Weatherameter 350 Hrs, Chalking - Cured ? da s at ~77 F. 25 C) 50~ y ° ~ ° relative humidity. D6: 41001.31 -31- GG:wrn 5a1t Spray Resistance - 500 psi, ASTM B 11728 da s at 100° F. 38° C . Y' ~ • 7 minimum Tensile; 400, min~num 5~ NaCl, Die C, pulled at 20 IPM.- elongation . ..Dielectric Constant -Less than ASTM D 150. 25~ change over.a temperature -range of -30° C, to 50° C. 2. Asphaltic Emuulsion Inductive Loop Sealant shall conform to State of California Specification 8040-4.1A-15 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 optin~,un sensitivit . is obtained at the sen ' y soy unit. Final splices between loops and lead-in cable shall not be made until the, operation. of the loops under actual. traffic conditions s~approved by the Engineer. All .loop conductors for each direction of travel for the same base of a traffic si al s ste p • gn y m, a.n the same-pull boxy .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 contpoller cabinet. Splices to the-cable shall be made in pull. boxes onl Y A11..loop conductors for traffic counters shall terminate in a ull box or p terminal ship in the traffic count station .cabinet when such a cabinet is installed. Conductors for inductive loop traffic signal and traffic countin g ,installations shall be identified and banded in airs.. lane in • ~ p r by , .,....the .pull box ad~~cent to the loops and near. the term~natlon of the conductors ~n:the controller or traffic count station cabinet. Bands shall conform to the rovisons in Sec i g..2 ~ ~ ~ p ton ...6....09., Wiring. Identification of ,.each conductor pair shall consist of labelin the hase..arid detectors • 9 • p lot ..:number {e.g. - GJ2L, $JBU, 3I5U, etc.) in permanent ink on a tag suitable for such purposes Stuart Electric Ra Catal No. X5532 p~ og or approved equal. If .asphalt. concrete surf acing is to be laced, the loo detector • p p conductors hall be installed prior to placing the uppermost ayer:of asphalt concrete. The conductors shall be installed, as shown on the plans, in the compacted layer- of asphalt concrete i~unedately :below he uppermostlayer. Installation details shall be as shown on the plans, exce t the a sealant shall fi p poxy 11 the slat -lush to the surface:. Detector loops in concrete pads shall be sealed with ep~ xy sea ant: - ~ Loop-: detector dead in cables shall conform. to the rov-isons in Section p 86--5OlA (:4~, nConstructon Materials," of the Standard Spe~fcatons-and these special provi ion. Loop detector lead-•n cables shall be ~ A as follows: T~~pe ~ lead-in cable shall consist of 2 No. 12 solid co r conductors p~ with each conductor insulated .with 30 .mils minimum, at any point, hi h molecular wei ht heat-stabiliz g. g , ed,.colored polyethylene, conforming to the requirements of D6: 41001.32 --32- ~.wrn ASTM Designation: D 1248., T!~rpe I, Class 8, Grade 4. The conductors shall be .twisted together with at least 2 turns per foot. Nonhygroscopic fillers shall. be used to form a firm compact cylindrical core., Anon-hygroscopic core tape shall be applied spirally over the core. The cable shall be pr®vided with an outer jacket consisting of extruded, black, polyvinyl chloride conforming to ASTM Designation: D 1047. The cable shall conform to the International Municipal Signal Association's. Specification: 19-1, {p) PAS. 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 shill be .considered as included in ,the contract lip sum puce pa~.d for the item requiring.foundationsand no separate:paym~ent will. be-made therefor. { q ~ FtINC'TION ~7~T~ s All function. test shall be according to Section 86s2.14 C of Standard Specification and following paragraph: "Functional test period is included in the number of working days to complete: the project" as .described in PR~~GRESS 0~' -.THE WORK AND TIME FAR C'LETION of this specification. - SECTION 16. SPECIAL PROVISIONS - SIC~IS { a a CREST N~~ME SIC~IS: Street - name signs shall conform to the pro~-isons in Section 56-2, "Roadside Signs,n of the Standard. Specifications and these special provisipns. Sign pansls-.will be furnished and installed by the City. -Mast-arm hangers will be furnished and installed by the City. f ~ Street Name,Signs will be instal~.ed by mast-arm hanger methods such.- as Hawkins.-M10J Series swinging .sign. bracket, with return spring removed,-or acceptable equal.. b ~ RcIDE aIC~11S. Roadside signs shall conform to the provisions in Section 5~-2, "Roadside Signs," of tie Standard Specifications andthese special provisions. Miscellaneous Roadside, Signs shall confor~ to City Standard TS-4. .SECTION 1?. ~ SPECIAL ` PROVISIONS .~UAI~AN'TEE FOR TRAFFIC SIGNAL AND..STREET LIGHTING SYSTEMS. {:a) GtJAI~~NTEE. The Contractor shall furnish a written guarantee to the City on the form-attached guaranteeing all systems, except traffic signal lamps, installed under this contract for a period of one { 1) year frar~ the date of acceptance. of the work. The-guarantee, properly executed, shall be filed D6:41401.33 -33- GG:wrn SECTION 1$, SPECIAL PROVISIONS -Remove Traffic Stripes and Pavement Markings a) R~~MOVE ~FIC STRIPES AND PAVEMENT SINGS, Traffic stripes and pavement markings to be removed. will be as shown on plans and as designated by the Engineer. Traffio stripes and pavement markings shall be removed to the fullest - ~ extent possible from the pavement by any method that does not materially damage the surface or :texture of the pavement or surfacing. there 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 ar other material deposited on the paven~nt,as a result of removing traffic stripes and markings shall be removed as the work progresses. Acc~am~ulations 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 - .traff is pattern. -Plant cleaning for removal of traffic stripes shall be feathered out to irregular and varying widths. Pavement markings shall be removed by blast cleaning-a rectangular area, rathe~° than just lettering or markings, so the old message cannot be identified, After removal of traffic.. stripes and pavement markings, a fog seal coat shall be applied in oQnforman~e with the provisions in Section 37, . "Bitumi.rious Seals," of the Standard: Specifications and the following: In traff-c stripe removal areas, the :.fog: seal coat shall.ba applied over the. traffic stripe removal area and to irregular and va~,rng widths w h an a average ~rdth of 2 feet on each .side of the blast cleaned traffic stripe removal area. In pavement marking removal areas, the fog seal. coat shall be applied to the blast cleaned rectangular area. Full compensation for furnishing and applying fog seal. coat as speci- fied herein shall be considered-as included in the contract price:.pad per square foot for removal of traffic stripe aa~d pavement marking and no separate ~ - . payment will be made therefor. Nothing in these special provisions shall relieve the Contractor from his responsibilities as provided in :;Section 7-1.09,."Piublic Safety," of the Standard Specifications. - b) ORDER OF 1~P~K, Order of work hall .conform to the provisions in Section 5--1.05,E "order of Work," of the. Standard Specifications :and these spe- - ~cal provisions. Db: 41001.34 -34- GG:wrn Paven~nt delineation shall be replaced by temporary delineation before .opening the traveled way to public traffic, Temporary delineation shall consist of reflective traffic line gape applied in .pieces not less t~lan 4 inches lon g nor less t~lan 4 inches wide spaced no more ~ t~lan 10 feet apart on curve nor more t~1an 20 feet apart on tangents Reflective traffic line tape shall be a lied Pp in accordance with the manufa:cturer's instructions. Temporary delineation shall be the same color as the permanent delineation. Fu11 coensation for to ra rY :delineation shall be considered as included in the prices paid for the contract items of work that obliterated the existin delineation and no se arate n g p ~Y~ t will be made therefor, Pavement delineation removal shall be coordinated with to ra delin- ~ rY eation so that lane lines are provided at all times on traveled gays open to public traffic.. c ~ ~UIR~ ~MENT AND PAYMENT. Quantities of traffic stri removed will be determined by ,the width of the stripe plus 0.6.7-foot multiplied by the length of the stripe. The spare between double traffic stri swill be measured as • ~ , painted traffic stripe. Quantities of pavement markings. removed will be deter- mined by the actual size of the rectangle measured in are feet. Removing of traffic stripes will be paid: for at the contract unit rice p .per square foot fer the actual. area. of authorized stripe removal.. The contract. unit price per square foot shall include full comDeneation for furnishing all labor, materials, tools, equipment, signs and for doing all w©rk necessary for removing existing striping as Shawn on plan and as directed by the Engineer. R t D6: 41001.35 -35- GG:wrn PROPOSAL FOR T]FFIC ..SIGNAL SYSTEM ON A~K~ ROAD AT PLANZ ROAD To the City , Clerk of the city ~f Bakersfield: ,The undersigned, as .bidder, declares than the only persons or parties interested in this: prc~osa~ as principals are those n~~rned herein, that this .pro-~~ posal is made. without collusion with any other. person, firm or corporation, than he~ has. darefully ex~~ri.ned the location of the proposed w©rk, the annexed pro- Wised form of cantragt and; the plans therein referred ta, and he proposes and agrees if this proposal: is accepted, that: he will contract .with 9the Ci y of BakersfeldF in the prescribed form. of contract hereto annexed: to pro~ride all necessary machinery, tools, apparatus and..ather means of construction and tondo _ . all.. the work:.. and furnish .all the., materials in accordance with the, :.plans aid spe- cif ieatons far the. above filed in the off ice of the Finance Director of the _ pity of Bakersfield and as specified in .thee contract, in the manner and time therein prescribed, and according to the,. requirements of the...Engneer as therein. . ~ set forth, and that. he~ wi~a_ take in full. payment therefor the unit pr~ees or lump. sums set fa~th~ in thee. follawi.nq schedule.: i . In case of~a discrepancy between wards and figures, the words shall prevails and in case. of discrepancies between unit prices and totals,.. the- ,unit prices shell prevail.. The undersigned. furtheragrees that. in case of default in executing the. required contract,. with necessary bonds, within ten t 10 } days, not ir~cludinq Sunday,: of ter.. havn~q received notice that. the a~tract is ready for signature, the; proceeds of the check or bid bond acccanyinq his bid hall becc~ne the pro- petty of the:.. City ~f Bakersfield Bidder ackncxaledges receipt of the f oll~awinq addendum ITEM. APPRQX. ITEM. WITH LL1N~° SUM PRICE:. UNIT . N0 QUANTITY t~iRITTEN IN ~R~ PRICE T0~'AL 1 Lump Sum Traffic Signal and. lighting system _ ~ 2 1306 SF Remove traffic sari s ave- merit markings PER S, F. TOTAL SIC~VED Bidder Page 1 of 1 D6: 41001.3 PROPOSAL FOR TIRAF'FIC SIGNAL SYSTEM ON AKERS ROAD AT PLANZ ROAD. T© the. City Clerk of the City of Bakersfield: The undersigned, as bidder, declares that:. the. only persons ©r parties interested in this proposal as principals are- those named: herein; that this pro- , posal is made without collusion_wth any other persons film ar corporation; that he has: carefully., ex~~mined the location of the proposed ` wank, the anrxexe~ pra- p~~~ed form:.: ©f contract-..and:. the plans. therein referred to and he pr~~~ses and agrees :if this prc~~osal is accepted, that he will contract with: the City of Bakersf eld~, ih .the.:, prescribed f©rm o~ contract hereto a~~nexed, to provide, all necessary mach~~r~ :tools, apparatus and other n~a~ns~ of construction ahd~ to do a:Il `thy work and furnish all (the rnaterial~ in accordance~~aith the p1ar and` spe- cif:catiohs for - the- 'above, f ~ ed in the.. office of the Finance Director.. ©f~ the City of Bakersfield and as speef ed in the contract.,; in the manner.: and tide _ ~her~in prescribed, and according to the requirements of the Engineer as therein- s~et: forth, and that he will take in fulll payment therefor: the un%t prices cr Ium~ s~~s set l~,fvrth ri the follc~ving schedule s In case of a discrepancy between words and figures, the words: shah.:: 1 prevail; and in case o~:discrepancies bet~~een unit. prices. and totals,. the unit. prices shall prevail. The undersigned: further agrees that in case of default inlexecuting the required contract, with necessary. bonds, within-ten- t10) days, not.:includnq ~~nday, after having.. received notice. that the contract is ready for signatures the proceeds of :the check or bid band accc~yng his hid shall become:. the pro- perty of the. City of Bakersfield. _ Bidder acknc~aledges receipt. of .the follt~vinq addendum: ITEM... APPROX. ITEM WITH L~3MP S'UM PRICE. UNIT NO. QUANTITX WRITTEN IN t~RDS PRICE TOTAL 1 Lump Sum Traffic Signal and lighting _ system ~ 13:06 SF Remove traffic stripes pave- ment markings PER S.F. TOTAL SIGNED Bidder Page 1 ©f 1 D6: 41001.36 LIST:. 0~~. SONT~AC'~4RS T1~AF'FIC 5IC~1AL SYS~ 0~ AKER~ RpAD A`~ FLAi~Z RQAD A11 persons or parties. submitting a bid proposal.. on the project. shall ccm~plete: the fo~lc~nq form,.., setting firth 'the ~ and the location of the mill, shop:.. . or office of each subcontractor whc~ gill perform work or labor or render service. to the Contractor in ©r about tie construction of the work:.~r a~ro~e~ent in excess of one-half of ©ne ~ 1~ ~ percent of rime Contractor's ,P total bid, or TES '~HQUSAND Dom 4 $~i0 ~:~00 whichever is greater, and the portion of the. work.~vhch`will be doge by each. subcontractor,..This List is to be ccleted~ and, sr~b~ated with said bid proposal. . DIVISION ~F NAB. QF` SEJ&",O1~C3~~ .P~DDRESS~ ~1DRK I~~IOLVED D6: 41001,37 • Accompan~•~ng t h 2 s p ro p o s a I r s......... 1lTOTICE : I~lsert. the v~~oids "cash "cashier's check," clcerti- fled check'' or "bidder's hood," as the case may be), in amount equal to at least ten percent of the total of ~tbe bdo , rson~ interested iu the foregoing propos~,I as p~n• The natilc,s of all pe cipals a~°e as f ollo~~e : . If bidder or other interested person. is a cor• . Ins artcmt Not~~e poration, state legal ,.name of corporat o , also. names of the resident, secretary, treasurer, and manager thereof ; if a P copartnership, state true name, of firm, also names of all. ~ndtvidual copart~ . Hers com osin firm, if bidder or other interested person is an individual, . p g state f lrst and last names ~n f ull. ' ................................e•...e.....e..•o..............••.................................•.......o... ...•.....••.....•..•........•......e......•a.o.a..io•..e.•.►....~..•.•......•...... e....e.o......w.e....ee •..........►e.•.•....••... e•.......•e.►.......•. e.....•••o.....•e..•..........es..o.....'.....e•.....o ...........•...•e.....r ....................•..e..•....••..e.............•.e•..........~..•..........••...••... ••..o.e..-•... used in accordance with an act providing for: the rQgstration of Lice Contractor's Lioense No SIGN -HERE - o.. • ............o.~..oe..........e...~a.~.......i••.e...•~• Signature of Bidder NOTE-1! bidder 1s a corporation, the legal naa►e of the .corporatioa shall be yet forth abuse together with the sigaat~te o! the ottfcer or aitieers authorised to :iqa: coatract~ ~ oa behal! st the corporation; it bidder- is a -copartaer~hiP, the true name of tlse tirret tbt=11 be yet .forth above together with the slgaature o! the partner or partaer~ authorised to Nqa cantracle itt behalf of tha copartner:hip; and it bidder. is as fadi~idual, his ilgaature `hall be Placed .above. I! :igaature by: as agent. other ihatt an o!!lcer of a corporatioa or a member. o! a partaenhiP. a Porter of Attora~Y must be` oa file vrlth the C1ty Cietk of ,the .City of baker:tield Prior to opedtaq bids.. of subauittedwith the bld; otherwise, the bid will be disregarded as irr~quiar and unauthorised. 8usu~ess address Place of residence.. Dated ...................................19........... MAI IZ A Annoi ~PANY ~'R~P~~~l B~ ~JD~~ ~ Baf~ ~ ~C~ .~C~ - .(No! necessary if cash or certified check is with bid) KNOW ALL MEN IiY THESE PRESENTS a • _ That we • o . _ ss pr'rLCapnl,: ~ and as surety, are held and firrnl bound unto t~Ce City o~ Bakersfield, a body politic gad corporate. o~ the State o Y Calif oiena in tlae earn of ~ ~ ~ dollars $ ~ , to be ..paid to said City, for v~►hich payment, well asad truly to be made; ~we ~ ~ bind ourselves, our Izeirs, executors and administrators, successors or assigns, jointly and Severally by t~~o.5~i preSCratS. THE CC?NDITIC3N OF THIS OBLIGATION IS SUCH o ~ • That sf the certain proposal, hereunto arx~exed, to c®na~ru+~t cextaar~ work grad ianprovenlents 'est.. the `Ci o~ Ba~:~rsficld as referred to ira tlse hlotice to Contractors attached .hereto, is accepted b the Council of said City and if tlae zb®v~ bounden .principal, hears., e~cecutora;° administrators, suco Y . . ceasors .and assigns,, alzall~ duly eaten into and execute a contract, to, construct sand ~srtpro~ements aforementioned, sad shall :execute sad .deliver the. two. bonds required by Iaw, within ten days (not • iacludin Sunda Pram the date of a notice to the above bounden pria~cpal, that_said contract is ready ~ Y~ for execution,, then this obligation shall become null and doid, otherXisa it 61za11 bo and remaizi in full force and effect. IN WITNESS WHEREOF, we Isave hereunto sot our hands and seals ,this ,~1e,_„,,,~,_day of , A.D.19 ..(Seal} ~ Seal ~ (Seal } (Seal} (Seal) HOLD I~ARMT.~SS AGREF~~1T CITY OF ~RSFIELD 'IT IS HEREBY AG~tEED that ,agrees to indemnify and hold harmless the City of Bakersfield., its agents, e 1 ees or mP oY' any ether persons against loss or expense including attorneys fees, by reason of the liability imposed by law upon the City, except in cases of the City's sole negligence, for damage because of bodilyinjury, ~ includingdeath--at any -time resulting therefrom, sustained by any person or persons, or on account of dama e g to property arising out of ©r in consequence of . agreement name) IT IS F(JRTHER UNDERSTOOD AND ABED that the-Contractor shall {at the option of the, City) , defend the -City of Bakersfield with appropriate counsel and shall further bear all costs and expenses, including the expense of counsel, in the defense of any suit arising hereunto. DATED Contractor's Name Authorized Signature D6; 41001.38 (This form shall be completed by all Bidders and submitted with the bids NONCOLLUSION AFFII~A~IIT TO BE EXECiJTED BY BIDDER AND SUBMITTED-WITH BID State of California ~ 1 ss: County of ) ~ . ,being first duly sworn, deposes and says that. he or she is of the party making the foregoing bid .that the bid...is not made in the interest of, or on behalf of , any undisclosed person, partnership, company, association, organization, or corporation; that the bid is gemsine~ and not collusive or shin; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly ©r -indirectly - colluded, conspired, connived, ~r agreed with any bidder or anyone else to put in a sham bid, or that anyone shall. ref rain from bidding; that the bidder has nc~t in any. manner, directly or indirectly, ;,sought by agreement, ccx~unic~tion, or conference with anyone to fix the bid price of the bidder or nay other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, cr to .secure any advantage against the. public body awarding the contract of anyone interested in the pr©posed contract; that all statements contained in the bid.:are true; and, further, .that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents th~rebf , or divulged information or data relati~~e the~°eto, or paid, and will not pay, any fee t~ any Corporation, partnership, cC~gany, association, ©rganization, bid deposi ory, or t© any. member or agent rr~mber or agent thereof to effectuate a collusive or sham bid." Signature of Bidder Business Address Place of Residence D6: 41001.39 [To be completed by the Contractor, if he elects to substitute securities in lieu of retention 1. ESC~ZOW AGREEMENT' FOR SECURITY DEPC~ITS IN LIEU OF RETENTION . THIS ES~HT AGREEI!~1T 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 Omer, Contractor, and ,Escrow Agent.. agree as foflaws.: 1. Pursuant to Section 4590..of Chapter 13 of Division 5 of Title 1 of the Goveraent Cede of the State 4~_Calfornia, Contractor has the ~~~ion to deposit ecuritieswith Escrow Agent as a substitute for retention earni.n s g. requited to be withheld by Owner pursuant to the Construction Contract.. entered into between the Owner a~.d Contractor for TI~AF'FIC SIGNAL .SYSTEM ON AKERS ROAD AT PLANZ.ROAD in the amount of dated hereinafter referred to as the "Contract"). When. Contractor depos s-the securities as a substitute for Contact earnings, the Escrow Agent shall notify the Owner within-ten 10 da s ~ ) y . of the deposit. The market ~ value of the securities at the ti,~e o~ the substitution shall be at least equal to the cash amount then re fired to be wthh elc~ asretention:under...the. terms of the. Contract between the Owner and Contractor. Securities shall be held in.the nave of and shall designate the Contractor as the beneficial owner. 2. The Owner shall make progress paymen~S to he ~~r~tractor for such. funds which otherwise would be withheld from progress payments `~rsuant to the A Contract provisions, provided that.. the Escrow Agent hold securities in the farm and amount specified above., 3. Alternatively, the Owner nay make payments directl to Escrow A ent in the Y g a~nour~t of re ent ion for the benefit of the .Owner until such time as the escrow created hereunder. is terminated. D6: 41001.40 1 GG:wrn 4. Contractor shall be responsible for paying all fees for the expenses incurred. by Escrow Agent in administering the escrc~v account.. These expenses and. payment terms shall be detezmi.ned 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 nn that. interest shall be for-the sole account. of Contractor and shall be subject to withdrawal by Contractor at an tine Y and from time to _t~e without notice to the Oc~rier. ~ . 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 acc~ied by.written authorization from Owner to the Escrc~a A entthat.owner 9 .consents to the withdrawal of the amount sought to be withdrawn by Contractor, 7. The Owner, shall have a ri t to draw u n the securities in the. 9h I~ . event of default by the Contractor.. Upon seven ~7) days' written notice-to the Escrc~+v Agent from ahe owner ~of the def cult, the Escrow Agent shall ~.mmediatel ~ . Y convert the securities to cash and shall distribute the cash as instructed by the Owner. 8. Upon receipt of written notification from the Owner certf in _ Y 9 that the Contract is final and complete,. and that the Contractor has cclied with all requirements and procedures applicable to the Contract, Escrc~a A ent shall 9 release to ..Contractor all securities and interest o~ deposit less escrc,~ fees and charges of the Escrow Account. The escrow shall be closed ~diately upon disbursement of all moneys and: securities on deposit and-payments. of fees and charges. 9. Escrow Agent. shall rely on the written hoof ications from the Omer and the. Cc~htractor pursuant to Seotions C4~ to ~6~, inclusive of this agreement and the Owner and Contractor.. shall hold Escrc~a Agent harmless from Escrow Agents release. and .disbursement of the securities and interest as set forth above. 10 The names of the persons wh© are authorized to ve written notice g or o recea.ve written notice on behalf of the Omer and on behalf of Contractor in connection with the foreg©ng, and exemplars of their res dive si atures gn r are as follows: . On behalf of O~mer:~ ~ ~ On behalf of Con~~.racter:. ~ ~ Title Title -Name Nang Signature _Signature _ _ Address Address D6: 41001.41 2 GG:wrn GUARANTEE EQtJIPN~~1'T City of Bakersfield Department of .Public Works Bakersf field, California In accordance with the terms of .Contract- No. - ,for -the Project: TJZAF'FIC SIGNAL sYSTEM ON AKERS ROAD AT~ PLANZ -ROAD ~ , . awarded on , .between the City of Bakersfield (here inaf .ter . referred to as the City), and the undersigned, which contract provides for the install~tion~ of - ,and under which contract. the undersigned has furnished .and .installed .such .system, the following .guarantee of the said system is hereby. made. . Should any of the .equipment installed pursuant to said contract prove defective or should -the system as a whole prove defective., due to faulty wdrk-- 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 year after. date an which said contract is accepted by the City, the undersigned agrees to reimburse the City,-upon. demand, for its . expenses incurred in restoring said systems to the condition contemplated in said contract, .including. the.-cost. of any equipment or materials replaced, or, upon demand by the City, to replace any such equipment and repair said systems ..completely without cost to the City, so that they .will operate successfully as originally contemplated. The City shall have the option to make any: needed repairs or replace- meats itself or to have such. replacements or repairs done by~_the undersigned. :Prior to such replacement or repair work. being done. by the City, the undersigned shall have the option to fake any needed repairs or replacements.. In the event the City elects to have-said work performed by the undersigned, the undersigned agrees-that the,.repairs shall ccx~mence to be made and such materials as are nec- essary shall-eo~~ence to be furnished and .installed within Twenty-Four (24) hours of the date. specified in the CitF's written notification. Contractor .shall prosecute with due diligence to complete the work within a reasonable `period of time, as specified in the City's written notification. Saida system will be deemed defective within- the n~aning of this guar- antee_in the event. that they fail to operate as originally intended by the.manu- - facturers thereof and in accordance with the plans and specifications included ri said contract. ..Date ~or~tractor's Signature . _ .Firm Address D6:GUA~RANTEE On .behalf of Escrow Agent.: Title Name Signature .Address ~ _ At the time. the Escrc~r Account is opened, the Owner and Contractor shall. deliver to the Escrow. Agent,afully executed counterpart of this A eem~nt. - IN ~TIT~TESS ~~~REOF, the parties have executed this Agreement by their.. proper officers on the date first set forth above.. . t~wner Contractor . . ,7 Tile Title Name Name Sgna ure - Signature D6: 41001.42 3 GG:wrn .SAMPLE .~AMpLE CO~~CT No, DESCRIPTION OF WORK TO BE PERFORMED -CITY OF B~FIELD THIS A~~EEI, made and .entered into this da of y 1989, by and between the CITY 4~ ~~~sFIELD, a municipal co rata.on, rpo erei~after called nCity," and ,hereinafter called. "Contractor"; . WITNESSETH: '~iF~EAS, City has duly advertised for sealed proposals for _ , within .the City of Bakersfield. on the da of 1989 the contract was awarded to Contractor upon his properly executed bid; and WAEl~aAS, one of the conditions of ~ said award required a f ormal contract. to be executed by~and between City and Contractor., NO'S, T13EREFORE, it is - moutually agreed by and between the arties hereto as f p ollows ARTICLE I Contractor. agrees to .furnish supplies,~equipment, labor and.material.s for e within the City of Bakersfield. ARTICLE IL The following shall. be deemed to be rt of this contract as if full I~ y set forth- herein: 1. Information to Bidders 2 Special Provisions 3. Bid Proposal 4. Bidder's Bond 5. Performance Bond 6 Material and Labor Bond 7. Letters of tranttal, if any 8 All provisions required by law. to be inserted in this contract whether actually ~.nserted or hot. -1- ~ CO~~CT1 A . ~~WITNESS ~~IERECF, the .parties. hereto have caused this. Agreement to be `the day and year first-above written. F. CITY OF ~RSFIELD Mayor :~PPRDVED AS TD FARM: By - - City Attorney. COtJ~1T~SIC~IED: By Finance Director : (N~~ME OF COI~I¢RACTOR) Contractor -2° co~:rRACT2 r: 7 a