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HomeMy WebLinkAbout1989 Special Provisions Project 41003C~"~'`~' 1`~~~ CITY FIELD I~~ENI~ SPE~I~'IC.~~"I4~S I~1~'ORr^~TI~1 '~0 BIDII~E ~P~CI~ P~',~~TI~I1S f ~lfl I~ f I i I E '~,~'FIt; ~Z~"~ ~~~FDi~'I~~TI~1 ~~3 ~ i Jl~ L;OO ~s~s ~i~ i i l t~EP~I~S' PC3~LI+~ Ir4 ~ N I'. y i ti I ~~~'I~L,D~ ~IFOENI~ 9~3~~. D4~~1©03 ~Ddv~~~ 4. Addendum No.l Sheet 1 of 2 PROJECT: Traffic Signal Modification on White Lane at Wible Road BID OPENING I~TE: February 16, 1989 2:00 PM 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. ■~rr~~r r~r.~~ I~O~~rlr~q REVISION: PLANS d_____ l~ .Sheet 2 of the plans. a7 Two conduit runs are labeled as number 18. The Easterly most run shall.~be.numbered 17._. - b) Scale is 1" = 20', North is to the top of the sheet. SPECIFICATIONS 1} Page 37, Article (o), last paragraph shall be replaced with the following: Loop detector lead-in cables shall conform to the provisions in Section 86-S.OlA (4~, "Construction Materials," of the- Standard Specifications and these special provisions. . Loop detector lead-in cables shall be ~ A as follows: - - ~T~ipe A lead-in cable shall consist of 2 No. 12 solid copper - conductars with each conductor insulated with 30 mils minimum, at any point, high molecular weight, heat-stabilized, colored.. _ _ - _ _ polyethylene, conforming to the requirements of ASTM Designa- ~ --1' tion: D 128, Type I,~: -Class B, Grade 4. -The.- conductors -shall ~ - - be twisted together with at least.. 2 turns per -foot. Non- - G hygroscopic fillers shall be used. to. form_ a f irm .compact _ _ cylindrical core. Anon-hygroscopic core tape shall be applied ~ rl spirally over the core, The cable shall be provided with an _ outer jacket consisting of extruded, black, polyvinyl chloride. ~ i 4:ADD.WHI.W1 1 i P S .1 N ,1 Sheet 2 of 2 - - . Addendum o ~onformin to ASTM Designation: D 104. The cable shall can- . g .~~~A..A -form to the International, Municipal Signal Association's Speci- f ication: 19-1. ~ , . n r ctors biddin this work shall denote in their proposal that NO'T'E . All Co t a g they have received. Addendum No. 1 and bids shall reflect these-revisions. - APPROVED BY T ~ . _ ~ - le to ' e Walker - . _ Z Purcha ' n icer Traffic Engineer _ .r 4:ADD.W~II . S2 BD: lh CITY OF B~~KERSFIELD DEPARTMENT OF PUBLIC WORKS NOTICE TO CONTRACTORS. p SE~?iLED 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 Februa 16, 1989 to be publicly opened and read immediately thereafter, for th ollowing work: - Traffic Signal Modification on ~lhite Lane at Wible Road Plans and specifications, and forms of proposal, bonds, and contract, may be obtained at the office of the Purchasing Officer by posting a refundable deposit of zero { $ 0, 00 ~ for each complete set. Refund of deposit will be made provided the plans and specifications are returned to the Purchasing Officer within ten {l0~ days from date of bid opening and the documents are in reasonable good condition. No~bid w-ill be considered unless it is made on a proposal form furnished by the Purchasing Officer, which appears herein in~nediately following the speci- f ications of the. project, and is made in accordance with the provisions set for~rh under Section 2, "Proposal Requirements and Conditions" of the Standard Specifications of the Department of Transportation, Business & Transportation Agency, State of California, under date of January, 1988. Each. bid must be accompanied by a proposal guarantee in accordance with the requirements of arti- c1e 2-1,07 of the said Section 2 of the Standard Specifications. The City of Bakersfield reserves the right to reject any or a1.1 bids. Bids are required on the entire work described herein. Substitution of securities for moneys retained to ensure performance shall be permitted pursuant to the provisions and requirements of Government Code; 4590. The ..eligible securities include interest bearing demand. deposit accounts, standby letters of credit, or any other security agreed to by the Contractor and the City of Bakersfield. The request for substitution of securities to be deposited shall be submitted on the form entitled "Escrow agreement for Security .Deposits in Lieu of Retention" included in the back of these special provisions. The Contractor must possess a valid Class A or a combination of Class C-8, C-10, C-12, and Class C-34 Contractor's License at t~~e time this con- tract is awarded. SPECIFICATIONS:. The work embraced herein s~lall be done in accordance with the Standard Specifications of the Department of Transportation, Business and Transportation Agency, dated January, 1988, insofar as the same may apply and in accordance with the following provisions. D4: 41003,1 1 ~ BD:wrn PR~3C~ESS OF THE ARK AND TIME FoR COMPLETION. Attention is directed to the provisions of Section 8, 8-1.03, "Beginning of Work," Article 8-1.06, "Time of Completion." and Article 8-1.07, "Liquidated Damages," of the Standard Specifications, and is specifically hereby made apart of these special provisions. The first paragraph of Section 8-1,03, "Beginning of Work," of the Standard Specifications, is amended to read: The Contractor shall begin work within fifteen ~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 35 working days. Contract working days will cox~nence from the date the Contractor begins work or the 15th calendar day frc~n the date of the written notice to proceed, whichever comes first. The Contractor shall furnish the Engineer with a statement from the vendor that the order for the electrical materials required for this . .contract has been received and accepted by said vendor, and said statement shall be furnished within fifteen X15) calendar days from the date of the contract. Said statement shall shave the date or dates the electrical . materials will be shipped.. No work shall begin on the project until all components necessary for operation of the signal system are on hand. The Contractor will be granted an extension of time and will not be assessed with liquidated damages or the cost of engineering and inspection for any portion of the delay in completion of the work caused by manufacturing tune., The n~u~ber of days extension shall be the working days between the date as determined according to Special Provisions Section 4-1.01 and the date of receipt of all components as determined by the Engineer. Upon receipt of all components, the Contractor shall notify the Engineer in writing and the Engineer will order start of work in writing. Full compensat-ion for conforming to the requirements of above paragraph shall be considered as included. in the prices paid for the various items of work and no additional allowance will be made therefor. k> D4:41003. -2- BD:wrn SECTION 2. SCOPE OF V~RK {a) wORK TO BE DONE. The work to be done consists of furnishing all labor, materials, methods and processes, implements, tools and machinery, except as otherwise specified, which are necessary and required to construct. the pro- posed improvements, as designated in the contract. b fib) ALTERATIONS. By mutual consent in writing of the parties sgna- tory to the contract, alterations or deviation, increases or decreases, addi- tions or omissions, in the plans and specifications, may be made and the same shall in no way affect or make void the contract. The City of Bakersfield reserves the right to increase or decrease the quantity of any .item or portion of the work, or to omit portions of the work as may be deemed necessary or expedient by the Engineer. ~c) EXTRA WORK. New and unforeseen work. will be classed as extra work when such work cannot be covered by any of the various items or combination of items for which there is a bid price. The contractor shall do no extra work except upon written ©rder frem the Engineer.. For such extra work the contractor shall receive payment as pre- viously agreed upon in writing, or he shall be paid on force account. {d) :REMOVAL OF OBSTRUCTIONS. The contractor shall. remove and dispose of .all structures, debris, or other obstructions or any character of the con- struction of the street or read, if and as required by the Engineer... The contractor shall remove and dispose of all trees designated by the Engineer ~s obstructions to the proper completion of the work. The removing and disposing of all obstructions. to the prosecution of the contract, unless otherwise specified, shall be considered as included in the various items of contract work and no additional compensation will be allowed therefor. (e) FINAL CLEANING UP. Upon completion and before making application for acceptance of the work, the contractor shall clean the street or road, bor- row pits,, and all ground occupied by him in connection with the work, of all rubbish, excess materials, temporary .structures, .and equipment; and all parts of the work shall be left in a neat and presentable condition. D4: 41003.5 BD:wrn s SECT ION 3 . CON'~L OF THE ARK ~a) AUTHORITY OF THE ENGINEER. The engineer shall decide any and all questions which may. arise as to the quality or acceptability of materials fur- Wished and work performed, and as to the manner of performance and rate of pro- gress of the work; all questions which arise as to the interpre anon of the r plans and specifications; all questions as to the acceptable fulfillment of the contract on the part of the contractor; and all questions as to claims and compensation. The Engineer's decision shall be final and he shall have executive authority to enforce and make. effective such decisions and orders as the con- tractor fails to carry out promptly. fib) PLANS. All authorized alterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made of any plan or drawing after the. same has been approved by the Engineer, except by direction of the Engineer. Working drawings or plans for any structure not included in the plans furnished, by the Engineer shall be approved by the Engineer before any work involving these plans shall be performed, unless approval is waived in writing by the Engineer. It is mutually .agreed, however,. that the approval by the Engi-near of the contractor's. working plan does not relieve the contractor of any responsibility - for accuracy of dimensions and. details, and that the contractor shall be respon- sible for agreement and conformity of his working plans with the approved .plans and specifications. ~c} CONFORMITY WITH PLANS AND ALLOW?ABLE DE~JIATION. Finished surfaces in all cases shall conform with the lines, grades, cross-sections, and dimen- signs shown on the approved plans. Deviations from the approved plans, as may be required by the exigencies of construction will be determined in all cases by the Engineer and authorized in writing. ~d) COORDINATION OF PLANS, SPECIFICATIONS, AND SPECIAL PROVISIONS. These specifications, the plans, special. provisions, and alI supplementary docu- ants. are essential parts of the contract, and a requirement. occurring in one is a binding as though occurring in all. They are intended to be cooperative, to describe, and to provide for a complete work. Plans shall govern over specifi- cations; special provisions shall govern over both specifications and plans. City specifications shall govern over State Standard Specifications. (e} INTERPRETATION OF PLANS AND SPECIFICATIONS. Should it appear that the work to be done, or any matter relative thereto, is not sufficiently detailed or explained in these specifications, plans, and the special provision, the contractor shall apply to the Engineer for such further explanations as may be necessary, and shall conform to such explanation or interpretation as - part of the contract, so far as may be consistent with the intent of the origi- nal specifications. In the event of doubt or question relative to the true meaning of the specifications, reference shall be made to the City Council, whose decision thereon shall be final. D4: 41003.6 -6- BD;wrn c In the event of any discrepancy between any draw7ings and the figures written thereon, the figures shall be taken as correct. ~f ) SUPERINTENDENCE. Whenever the contractor is not present on any part of ~~he work where it may be des~.red to give direction, orders will be given by the Engineer in writing, and shall be received and obeyed by the superintendent or foreman in charge of the particular work in reference to which orders are given. fig) LINES AND GLADES. All distances and measurements are given and will be made in a horizontal plane. Grades are given from the top of stakes or nails, unless otherwise noted on the plans. Three consecutive points shown on the same rate of slope must be used in common in order to detect any variation from a straight grade, and in case any such discrepancy exists, it must be reported to the Engineer, If such a discrepancy is not reported to the Engineer, the contractor shall be responsible for any error in the finished work. The contractor shall give at least 24 hours notice in writing when he will require the services of the Engnee-r for laying out any portion of the work.. The contractor shall furnish the Engineer such facilities and labor, necessary for making and maintaining points and lines, as he may require. Payment for labor furnished by the Contractor for such purposes is considered as included in various items of work and no additional compensation will be allowed therefor. The contractor shall preserve all stakes and .points set for lines, grades, or measurements of the work in their proper places until authorized.. to remove them by the Engineer. All expenses incurred in replacing stakes that have been removed without proper authority shall be paid by the contractor. - (h} INSPECTION. The Engineer shall at all times.. have access to the work during. construction,° and sha31 be furnished with. every rea onable facility for discertaining fell knowledge respecting the progress, workmanship, and character of materials used and en~loyed in the work.. Whenever the contractor varies the period during which work is carried on each day, he shall give due notice to the Engineer, so that proper inspection. may be provided. Any work done in the. absence of the Engineer will be subject to rejection, The inspection of the work shall not relieve the contractor of any of his obligations to fulfil]. the contract as prescribed, Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the Engineer and accepted or estimated for payment. Projects financed in whole or in part with State funds shall be subject to inspection at all times by the Director of Public Works, or his agents. ~i) REMOVAL OF DEFECTIVE AND UNAUTHORIZED tiVC~RK. All work which is defective in its construction or deficient in any of the requirements of these specifications shall be remedied, or removed and replaced by the contractor in an acceptable manner,. ,and no compensation will be allowed for such correction. D4: 41003.7 -~7- DD: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 w 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 became due the contractor, P ~ , FINAL INSPECTION, whenever the work prov~.ded and contemplated by the contract shall have been satisfactorily completed and the final cleaning up performed, the Engineer will make final inspection. SECTION 4. CQNTR®L OF MATERIALS (a7 SAMPLES AND TESTS. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before deliv-- ery is started and before such material is used in the work. Representative preliminary samples of the character and. quality prescribed shill be submitted by the contractor or producer of all materials to be used in the work,-for te~t~- ing or examination as desired by the En~ineerl All tests of materials furnished by the contractor shall be made in accordance with con~nly 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 ~y the Engineer, without charge, No material shall be used until it has been .approved by the Engineer. Samples will be secured and tested whenever necessary to determine the qual~.ty of material. (b } DEFECTIVE MATERI~~L~S , All materials not conforming to the requirements of these specifications shall be considered as defective, and all.. such materials, whether in place or not, shall be rejected and shall be removed in~nediately from the site of the work unless otherwise permitted by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used until approved in writing by the Engineer. .Upon failure on the part of the contractor to comply with any order of the Engineer made under the provisions of this article, the Engineer shall have authority to remove and replace defective material and to deduct the cost of removal and replacement from any monies due or to become due the contractor. D4: 41Q03.8 -3- SD: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 a 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, (b7 HOURS OF LABOR. The contractor shall forfeit, as penalty to the City of Bakersfield, Ten Dollara ~$~.0.00~ for each laborer, workman, or mechanic employed in the execution of the contract by him, or by any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, wor~~man, or mechanic is required or permitted to labor in violation of the provisions of Section 1810 to Section 181.5, 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 contractor or his subcontractor shall not begin any trench excavation unless a detailed flan, showing the design of shoring, bracing, sloping or other provisions to be made for worker protection during the excavation of the trench, has been su}~nitted by the contractor to the City Engineer and. the, detailed plans has been. approved by the City Engineer. If suchplan 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 cavil or structural engineer. Nothing in this section shall be deemed to allow the use of a shoring, sloping., or protective system less effective fi~han that required by the Construction Safety Orders of the Division of Industrial Safety. Nothing in this section shall be construed to impose tort liability on the awarding body or any of .its employees. The terms "public works" and "awarding body", as used in this section, shall have the same meaning as in Labor Code Sections 1720 and 1722 respectively. D4: 41008.9 ~g_ BD:wrn (d} EQUAL EMPLOYMENT OPPORTUNITY. During the performance~of this contract the Contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, sex, or national origin. The Contractor will take affirma- W tive action to ensure that applicants are employed, and that employees are treated during employn~nt, without regard to their race, creed, color, sex, or national ori- gin. Such action shall include, but not be limited to, the following: Em~lo~~ment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or ter- mination; rates of pay or other forms of compensation; and selection for training, including. apprenticeship. The Contractor agrees tQ post in conspicuous places,. available to~employees and applicants for employment, notices to be provided setting forth the provisions of this non- e discrimination clause. (2) The Contractor will, in all solicitations or advertisements. for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considera- tion for emplo~~nnent without regard to race, creed., color, sex, or national origin. (3) The Contractor will send to each labor union or representa- tiwe of workers with which he hay a collective bargaining agreement or other contract or understanding.., a notice to be'.provided advising the labor union or workers' represen- tatve of the Contractor's commitments under Section 202 of Executive .Order No. 11246 of September 24, 1965 and shall post copies of the notice ire conspicuous places available to employees and applicants for emplo~~nent. (4) The Contractor will comply with all provisions of Executive Order No, 11246 as amended by Executive Order 11375, and of the rules, regulations., and relevant orders of the Secretary of Labor, (e} PREVAILING-WAGE. The Contractor shall, as a penalty to the City of Eakersf field, forfeit $ 25.00 for each calendar day or portion thereof , for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed under this contract or by any subcon- tractor under him, in violation of the provisions of Section 1770 to Section 1780, inclusive, of the Labor Code. The Contractor shall be responsible for its own and subcontractors' compliance-with the requirement of Section 1776 of that Code. Copies of the prevailing rate of per diem wages, for each craft, clas- sification or type of workman needed to execute the contract, are on file in the office of the Director of Public Works and shall be made available to any inter- ested party on request. (f} APPRENTICES. .All Contractors and Subcontractors shall comply with the provisions of Labor Code Section 1777.5 relating to the employment of apprentices. D4: 41003.10 -10- BD:wrn {g) REGISTRATION OF CONTRACTORS, 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, {i} PATIE~JTS. The Contractor shall assume all responsibilities aris- ing from the use of patented materials, equipment, devices, or processes used on or incorporated in the work. {j) PUBLIC CONVENIENCE AND SAFETY. The Contractor shall so conduct his operations as to cause the least possible obstruction and inconvenience to public traffic. Unless other existing streets are stipulated in the special provisions to be used as detours, all traffic shall be permitted to pass through the work Residents along the road or street shall be provided passage as far as practicable. Convenient access to driveways, houses and buildings along the ...,.road or street shall be maintained and temporary crossings shall be provided and maintained in good condition. Not more than one cross or intersecting street or road shall be closed at any time without the approval of the Engineer. The Contractor shall furnish, erect, and maintain such fences, barriers, lights, and signs as are necessary go give adequate warning to the public at all times that the improvement is under the construction and of any dangerous conditions to be encountered as a result thereof, and he shall also erect and maintain such warnings and directional signs as may be furnished by the City. Full compensation for conforming to the provisions of this Section 5 {j) shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor. (k) RESPONSIBILITY FOR DAMAGE. The City of Bakersf-field, the City Council, or the Engineer shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof; or for any material. or equipment used in performing the work, or for injury or damage to any person or persons, either workmen or the public; or for damage to adjoining property caused by the negligence of Contractor or one of his subcon- tractors during the progress of the work at any time before final acceptance. The Contractor. shall indemnify and save harmless the City of Bakersfield, the City Council, and the Engineer from any suits, claims, or actions brought by any person or persons .for or on account of any injuries or damages sustained or arising in the construction of the work or in consequence thereof . D4: 41003,11 -11- BD:wrn ~1} ~ONTRACTO~'S RESPONSIBILITY FOR ~?RK. Except as provided above, .until the formal acceptance of the work by the City Engineer, the Contractor shall _ have the charge and care thereof and shall bear the risk of injury or damage to any part thereof by the action of the elen~nts or from any other cause, whether arising from the execution or from the non-execution of the work. The Contractor shall rebuild, repair, restore, and make good. all injuries or damages to any r portion of the work occasioned by and of the above causes before final accep- tance and shall bear the expense thereof, except such injuries or damages occa- sioned by acts of the Federal Government or the public enemy. gym) NO PERSONAL LIABILITY. Neither the City Council, the Engineer, nor any other officer or authorized assistance or agent shall be personally responsible for any liability arising under the contract. Vin) RESPONSIBILITY OF CITY. The City of Bakersfield shall not be held responsible for the care or protection of any material or parts of the work prior to final acceptance, except as expressly provided in these specifications. D4: 41003.12 ®12- BD:wrn SECTION b,0 PROSECUTION AND PROGRESS (a) SUBLETTING AND ASSIC~~IMENT. The Contractor shall give his per- sonal attention to the fulfillment of the contract and shall keep the work under his control, Subcontractors will not be recognized as such,- and all persons engaged in the work of construction will be considered as employees of the Contractor, and their work shall be subject to the provisions of the contract and specifications. where a portion of the work sublet by the Contractor is not being pro- secuted in a manner satisfactory to the City Engineer., the subcontractor shall be removed immediately on the requisition of the City Engineer and shall not again be employed on the work. (b) The Contractor shall diligently prosecute the work to completion before the expiration of the permG.tted number of working days or calendar days as specified on Pagel of this specification. (c) CF3~~RACTER OF 'G~R1:~MEN. If any subcontractor or person employed by the Contractor shall fail or refuse. to .carry out the directions of the Engineer or shall appear to the Engineer to be incompetent or to act in a disorderly or improper manner, he shall be discharged .immediately on the requisition of the Engineer, and-such person shall not again be employed on the work. (d) TEMPORARY SUSPENSION OF wORK. The Engineer shall have .the authority to suspend the work wholly or in part, for such period as he may deem: necessary, due to unsuitable weather,. or to such other conditions as are cons-id-~ eyed unfavorable for the suitable prosecution of the work, or for such tune as he may deem necessary,.due to the failure on the part of the Contractor to carry out orders given, or to perform any provisions of the work. The Contractor shall imrn~diately obey such order of the Engineer and shall not resume the-work until ordered in writing by the Engineer. (e) TIME OF .COMPLETION- AND LIQUIDATED D~'~NIAGES. It is agreed by tie 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 tine limit as set forth in these specifications, damage will be sustained by the City of Bakersfield, and that it is and will. be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay, and it is there- , fort: agreed that the Contractor .will pay to the City of ~akersf field the sum of Two Hundred Dollars..($200.00) per day for each and every calendar day's delay beyond the time prescribed to complete the work; and the Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that the City of Bakersfield may deduct the amount thereof from any money due or that may become due the Contractor under the contract. D4: 41003.13 °13-° BD: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 com- pletion or not, as may seem best to serve the interest of the City; and if it decides to extend the tiny limit for the completion of the contract, it shall further have the right to charge to the Contractor, his heirs, assigns or sure- . ties, and to deduct fr~n the final payn~nt for the work, all or any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, except that the cost of final .surveys and preparation of final estimate shall not be included in such charges. The Contractor shall not be assessed with liquidated damages nor the cost of engineering. and inspection during any delay in the completion of the work Gauged 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 X10) days fr~n the beginning of any such delay, notify the Engineer in writing of the causes of delay, who shall ascer- tain the facts and the extent of the delay, and his findings of the facts thereon shall be final and conclusive. ~ f } SUSPENSION OF CON'T'RACT. If at any time in the opinion of the City Council, the Contractor has failed to supply an adequate working force, or material of proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing will be served upon him, andshould 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 V ~ power to suspend the operation of the contract. Upon receiving notice of such suspension, the Contractor shall discontinue said work, or such parts of it as the City Council may designate. Upon such suspension, the Contractor's control shall terminate, and thereupon the City Council, or its duly authorized representative,. may take possession of a1.1 or any part of the Contractor's materials, tools, equipment, and. appliances upon the premises, and use the same for the purpose of completing said contract, and hire .such force and buy or rent such additional machfinery, tools;, appliances and equipment, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the work and for the completion thereof; or may .employ other parties to carry the contract to completion, employ the neces- sary workmen, substitute other machinery or materials, and purchase the materi- als contracted for, in such manner as the City Council may deem proper; or the City Council may annul and cancel the contract and re-let the work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and his sureties, who will be liable therefor. In the event of such suspension, all money due the Contractor or retained under the terms of this contract shah. 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 n~ney so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operations of the .contract and the completion of the work by .the City as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid. D4: 41003.14 -14- BD;wrn In the determination of the question whether there has. been any such non-compliance with the contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the contract. ~g~ RIGHT OF WAY. The r~.ght of way for the work to be constructed will be provided by the City. The Contractor-shall make his own arrangements, and pay all expenses for additional area required by him outside of the limits of right of way unless otherwise provided in the Special Provisions. D4; 41003.15 -~15- BD;wrn SECTION 7 , Ml ASUREMENT AND PAYMENT ~a} EX'I'KA AND FORCE ACCOUNT WORK. Extra work as hereinbefore defined, when. ordered and accepted, shall be paid for under a written work order in accordance with the .terms therein provided, Payment for extra work will be made at the unit price or lump sum previously agreed upon by the Contractor and tr the Engineer, or by force account. If the. work is done on force account the Contractor shall receive the actual cost of all material furnished by him as shown by his paid vouchers, plus fifteen percent ~15~}, and for all equipment and teams that are necessary he shall receive the current prices in the locality, which shall have been previ- ously determined and agreed to in writing by the Engineer and by the Contractor, plus fifteen percent ~15~) and for all labor that is necessary he shall receive the current prices in the locality, plus twenty percent (20~) provided, however, thatthe City reserves the right to furnish such materials required as it deems expedient, and the Contractor shall, have no claim far profit on the cost of such materials. The price paid for labor shall include all payments imposed by State and Federal laws for all payments made to, or an behalf of, the workmen, other than actual wages. All extra work and force account shall be adjusted daily upon report sheets, prepared by the Engineer, furnished to the Contractor and signed by both parties, which daily reports shall thereafter be considered the true record of extra work ar force account work done. fib) PRcx~tESS PAYMENTS. The Contractor shall, once. in each month, submit for approval, an estimate in writing to the City Engineer of the total amount of work done by .the Contractor, to the time of such estimate, and the value thereof . The City of Bakersfield shall retain ten percent ~ l0~ } of such e ~imated 'value of the work done as part security for the fulfillment of the contract by the Contractor, and shall. monthly pay: to the Contractor, while carrying on the work, the balance not retained, as aforesaid, after deducting therefrom a3.1 previous payments and all. sums to be kept or retained under the provisions of the contract, Na such estimate or payment shall be required to be made,, .when in the judgment of the City Engineer the work is not proceeding in accordance with the provisions of the contract, or when in his judgment the total value of the work done since the last estimate amounts to less than Three .Hundred Dollars x$300,00). (c) FINAL PAYMENT. The City Engineer shall,-after the completion of the contract,, make a finalestimate of the amount of work done thereunder, and the value of such work, and the City of Bakersfield shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the . final estimate and payment.. The final payment shall not be due and payable until the expiration of thirty X30) days from the date the "NOTICE OF COMPLETION" is recorded at the County Recorder's .Office. It is mutually agreed between the partiEa to the contract that no cer- of icate given or payments made under the contract, except the final certificate or final payn~nt, shall be conclusive evidence of the performance of the contract, either wholly or in part, against any claim of the party of the first part, and no payment shall be construed to be an acceptance of any defective work or improper materials. D4: 41003,1 -16~- BD:wrn And the Contractor further agrees that the payment of the final amount due under the contract, and the adjustment and payment for ar~y 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 $E~TIE$. Whenever herein provision is made for withholding or retention of moneys to ensure performance, substitution of an equivalent amount (valued of securities shall be permitted in accordance with the provisions and requirements of Gove~nt Code Section 4590. SECTION 8. PROVISIONS OF STANDARD SPECIFICATIONS This work embraced herein shall be done in accordance with the appropriate provisions of Specifications entitled "State of California, .Department of Transportation, Standard Specifications, January, 1988," insofar as the same may apply, which specifications are hereinafter referred to as the Standard Specifications,-and in accordance with the following special provisions. Whenever in the Standard Specifications the following terms are used, they shall be understood to mean and refer to the following: Department of Transportation, CALTl~1S -The Engineering Department of the City of Bakersfield. Director of Public Works -City Engineer, City of Bakersfield. Engineer -The City Engineer,. acting either directly or through properly r authorized agents, such agents acting within the scope of the particular duties entrusted to them. Laboratory -The designated laboratory authorized by the. City of Bakersfield to test materials and work involved in the contract. .State. -The City of Bakersfield. .Other terms appearing in the Standard.. Specifications, the general provi- sions, and the special provisions, shall have the intent and meaning specified in Section 1, Definition of Terms of the. Standard Specifications, In the. event that any portion of the. Standard Specifications incorporated herein shall conflict with any of the provisions delineated in the special provisions section herein set forth, the provisions so delineated shall take precedence over and shall be used in lieu of such conflicting portions of the Standard Specifications. D4: 41003,17 ~17® BD:wrn SECTION 9. INS~7RANCE The Contractor shall save, hold harmless and indemnify the City, its officers, agents, employees and volunteers frc~n all claims, demands, damages, judgments, costs or expenses in law or equity that may at any time arise from or related to any work performed by the Contractor, his agents, employees or subcontractors under the terms of this agreen~nt. . In addition to any other form of insurance or bond required under the terms of this agreement and specifications, the Contractor shall procure and maintain for the duration of this agreement the following types and limits of e ~.nsurance: Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million ~~1,000,000} per occurrence; .and General liability insurance, providing coverage on an accurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million x$1,000,000) per occurrence. Workers' compensation with statutory limits and employer's liability insurance with limits of not less than one- million x$1,00.0,000} per accident. All policies required. of the Contractor hereunder shall be primary insurance as respects the City, its mayor, council, officers, agents,., en~loyees and volunteers and any insurance or self-insurance maintained by the City, its mayor, council, officers, agents, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. The automobile liability policies shall provide coverage for owned, non-owned and hired. autos. The liability policies shall prow.ide .contractual liability coverage for the .terms of thin. agreement. The liability policies shall contain an additional insured endorsement . in favor of the-City, its. mayor, council,; officers, agents, employees and .volunteers; - The workers' compensation policy shall contain a waiver of subrogation endorsement in favor of the City, its mayor, council, officers,- agents, employees and volunteers. D4: 41003.18 ~18~ E~:wrn Page 2 of Section 9 Insurance All policies shall contain the following endorsements: An endorsement providing the City with ten ~10~ days written notice of cancellation or r~aterial 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 operations. The insurance required under this agreement ,shall be maintained until all work required to be performed under the terms ®f this agreement is satisfactorily completed as evidenced by formal acceptance by the City. The Contractor shall furnish the City Risk Manager and the Public Works Department with a certificate of insurance signed by an agent of the insurer evidencing the insurance required under this agreement. All costs of insurance required under this agreement shall be included in the Contractor's bid, and no additional allowance will be made for additional costs which may be required by extension of the insurance policies. D4: 41003.19 ~19m BD:wrn SECTION 10. QUANTITIES The following preliminary estimate of the quantities of work to be . done and materials to be furnished are approximate anly, being given as a basis for the comparison of bids, and the City of Bakersfield does not expressly or by implication agree that the actual amount of work will correspond therewith, but z. reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that may be deed necessary or expedi- ent by the Engineer. ENGINEER°S ESTIMATE ITEM QUANTITY UNIT DESCRIPTION l L.S. L.S. Install Traffic Signal and Lighting System 2 2925 5.F. Remove Striping and Pavement Markings, 3 19.35 L.F. Median Curb, ~ M-1 or M-2 4 135 Ton. Asphalt Concrete, ~~pe B 5 1~5 Tin Aggregate Base, Class 2 G 400(F) C.X. ..Roadway Excavation 7 13 EA. Regulatory Signs and Posts . Doe 41003.20 -20-- ~ ED:wrn SECTION 11. MATERIALS. The Contractor shall furnish, for use under these .special provisions, all materials required to complete the attaehed~contract, except those materials provided by the City where specified in these special provisions. C SECTION 12. DESCRIPTION OF i~RK The general description of work is as follows: Installation of Traffic Signal and Lighting~System and Median Modifications Said work. is shown and detailed on a plan entitled: Traffic Signal modification on White Lane at Bible Road, D4.: 41003.21 ~21-~ DD:wrn SECTION 13. GENERAL PROVISIONS. ~a) PUBLIC SAFETY AND PRESERVATION OF PROPERTY. Attention is directed to Section 7 of the Standard Specifications. The Contractor shall comply with the provisions of this section, except as otherwise directed by the Engineer. Such provisions for public ,safety shall meet the mini.~r~um requirements and shall be subject to the approval of the City Engineer, Full compensation for complying with the requirements of this section shall be considered as included in the contract prices paid for the various items of work and no additional compensation will be allowed therefor, fib} OBSTRUCTIONS. Attention is directed to Section 8-1,10, "Utility and Non-Highway Facilities,'t 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~ of these specifications, The .Contractor will be required to work around public utility facilities and other improvements that are to remain in place within the construction area or that are to be relocated and relocation operations have not been completed, In accordance with the provisions of Section 7-1.11, "Preservation of Property," and ?-1.12, "Responsibility for Damage, of the Standard Specifications, the Contractor will be liable to owners of such facilities and improvements for any damage or interference with service resulting from conducting his operations, The exact location of underground facilities and improvements within the con- struction area shall be ascertained by the Contractor before using equipment that may damage such facilities or interfere -with the services, Other forces may be engaged in moving or removing utility facilities or other improvements or maintaining services or utilities. The. Contractor shall cooperate with such forces and conduct his operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by other such forces. Any delay to the Contractor due to utility. relocation whether or not the utility is shown or correctly located on the plans will not be compensated for as-.idle time. However, additional contract time commensurate with such delays may. be .allowed,. P5 At locations where irrigation systems exist, the Engineer will direct the Contractor as to what steps will be required to protect the irrigation sys- tem and the area it serves. The Contractor shall replace the irrigation system as directed by the Engineer. Existing land subdivision monuments and stakes shall be fully protected from damage or displacement and they shall not be disturbed unless directed by the Engineer. Attention is directed to the fact that nuisance water may be present at all times along the project. It will be the responsibility of the Contractor to provide for handling of said water and any expense involved shall be considered as included in the prices paid for the various items of work and no additional allowance-will be made therefor, Except in the case of .extra work, full compensation for conforming to the requirements of thin article shall be considered as included in the prices paid for the various items of work and no additional compensation will be made therefor. D4: 41003.22 -22- BD:wrn ~c) OMISSIONS IN SPECIFICATIONS AND DINGS. 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 shown or n~ntioned in both. Omissions from the drawings or the specifications of the materials or details of work which are manifestly or obviously necessary to carry out the ~ intent of the drawings and specifications or which are customarily furnished or . performed, shall not relieve the Contractor of his responsibility for furnishing. such omitted materials or performing such omitted work; but shall be furnished or performed as if fully shown or described in the drawings or specifications. ~d} MATERIALS, Whenever any material is specified by n~~rne and number thereof, such specifications shall be deed to be used for the purpose of faci- litating description. of the materials and establishing quality, and shall be deemed and construed to be followed by the words "or approved equal". No sub- stitution will be permitted other than as described herein unless authorized by the Engineer before the bids are opened. All materials shall be new and the best of their class and kind. ~ e) A~Dk7t~STMENT OF OVERHEAD COSTS . The provisions of Sect ion 9-1.0 8 of the Standard Specifications shall not apply to final cost of this contract and no final adjustment for overhead costs will be made, ~f} DUST CON'.CROL. It shall be the Contractor's responsibility to pre- vent a dust nuisance frc~n originating from the site of the work as a result of his operations during the effective period of this contract. Preventative mess- uses to be taken by the Contractor shall include but shall not be limited to the following: s 1. Water shall be applied to all unpaved areas as required to prevent the surface from becoming dry enough to permit dust formation. 2. Faxed surfaces over which vehicular traffic is permitted to travel shall be kept free of dirt. _ Temporary suspension of the work, either as a result of order by the .Engineer, or as a result of conditions beyond the control of the Contractor -shall not relieve the Contractor from his responsibility for dust control as set forth herein, Full compensation for conforming to the requirements of this article shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor. fig) WATERING. Furnishing and applying water shall conform to the prc~°- visions of Section 17 of the Standard Specifications, except that full compensa- tion therefor shall be considered as included in the. prices paid for the- various contract items and no separate payment will be made therefor. ~h) LABOR CLASSIFICATION. No contractor employee shall be allowed to perform work outside his or her prevailing wage trade classification as defined by the California Department of Industrial Relations. D4: 41003.23 -23~° BD:wrn ~i) ALTERATIONS IN QUANTITY OF WnRK. The provisions of Section 4-1.038, 4~-1.03B~1), and 4-1.03B(2), of the Standard Specifications relative to increases or decreases in the quantity of contract item of work when no change in the character of the work is involved shall not apply to any contract item of r work in this proposal and the City reserves the right. to increase or decrease the quantity of any item or portion of work as may be deemed necessary or in the best interest of .the City. ~j) WORK IN CITY STREETS. All of the work shown on the plans and included in these specifications that is located in the public streets in the City of Bakersfield shall be done in accordance with City Ordinances regulating the use of public streets within the City, except as otherwise provided herein. The Contractor shall inform himself as to all regulations and require- ments of the City Engineer and Superintendent of Streets of the City of Bakersfield and shall conduct his operations in compliance therewith. ~k) PERMITS AND LICENSES. The Contractor shall procure all permits and licenses, pay all charges and fees and give all notices necessary and inci- dental to the due and lawful prosecution of the work. ~1} MAINTAINING T]~AFFIC. 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 ' provis~.ons, 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 hghwa~*. Signs, lights, flags and other. warning and safety devices. and their use shall conform to the requirements. set forth in the current "Manual of Traffic Controls - warning Signs, Lights, and Devices for Use in Performance of Work Upon Highways.," published by the State of California, Department of Transportation.. Application and use of devices shall be as specified and as directed by the Engineer, The Contractor shall keep the Bakersfield Fire Department informed at all times as to the .exact. location and progress of the work and shall notify them immediately of any streets impassable for fire fighting equipment. The full width of the traveled way shall be open for use by public traffic on Saturdays, Sundays and designated legal holidays, before 8:30 A.M. and after 4:00 P.M. on weekdays, and when construction operations are not acti- vely in progress. The signal shall remain in full operation at all times except on week- days between 8:30 A.M. and 11:30 A.M., and between 1:30 P.M. and 4:00 P.M., at which time signal may be placed in flashing mode. Designated legal holidays .are: January 1st, the third Monday in February, the last Monday in May, July 4th, the first Monday in September, November 11th, Thanksgiving Day, and. December 25th. When a designated legal holiday falls on a Sunday, the following Monday shall be a designated legal holiday. f~hen November 11th falls c1n a Saturday, the preceding Friday shall be a designated legal. holiday. D4: 41003.24 m24- BD: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, publictraffic, the Contractor's equipment, whether empty or loaded,. shall in all cases yield. to public .traffic. The provisions in this section may be modified or altered if, in the opinion of the Engineer, public traffic will be better served and work exile- diced. Said modifications or alterations shall not be adopted until approved in writing by the Engineer. The ,prices paid for fhe 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. Vim) ORDER OF V~RK. Order of work shall conform to the provisions in Section 5°1.05, "Order of Work," of the Standard Speoifications and these spe-° vial provisions. Ali. striping removal shall be completed a minimum of 2 days prior to signal being placed into operation. When initially installed, all vehicle and pedestrian signal faces shall be aimed and covered with cardboard or other material with an observation hole Amax. 1" dia.) in front of each signal .indication. The covers shall remain in place until all signal operations have been checked and signal is placed into- operation. Prior to comn~ncement of the traffic signal functional tests., all items of work related to .the. signal control. shall be completed and all signs shall be in place. fin} COOPERATIONS.:. The Contractors shall cooperate fully with the other Contractors performing work on the site. It is not anticipated that the work to be done by others will serf- ously delayg the Contractor's completion of the work. However, if such work does result in extraordinary delay, the Contractor may seek relief from liqu%dated damages as set forth in the fourth paragraph of Article 6 ~e ~ of these Special Provisions. Full compensation for complying with the requirements of this Article ~13(m) shall be~considered-as included in the prices paid-for the various con- tract items of work and no additional allowance will be made therefor. D4: 41003.25 ®25- ED:wrn SECTION 14. SPECIAL PROVISIONS (a} EXISTING HIC~~TAY FACILITIES. The work performed in connection n with various existing. facilities shall conform to the provisions in Section 15, "Existing Highway Facilities," of the Standard Specifications and these special . provisions. Pull boxes and conduits shown on the plan to be abandoned shall have conductors removed and shall be abandoned in place. Existing City. highway signs and street markers shall remain the prop- erty of the City of Bakersfield. Such signs and street markers shall be relo- sated and maintained during construction so as to convey the same intent that existed prior to construction. Existing City highway signs and street markers shall be placed in their permanent position by the Contractor's forces prior to completion of construction. Signs removed from the project area-shall be delivered to the City Corporation Yard at 4101 Truxtun Avenue. Full c~;pensation for conforming to the requirements of the two pre- seeding paragraphs .shall be considered as included in the prices paid for the various .items of work and no additional allowance will be made therefor, (b} RELATIONS WITH THE STATE OF CALIFORNIA. The City will be issued a permit for work within the State Highway right of way. However, prior, to beginning work, the Contractor shall obtain a permit in the Contractor's name. The Contractor shall comply with all the provisions of said permit.. Furl compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various items of work and no additional compensation will. be allowed therefor. ~c~ R~~MOVE CONCRETE. Removing concrete shall conform to the provi- sians in Sections 15, "Existing Highway Facilities," 16, "Clearing and Grubbing," and 19-1.04, "Removal and Disposal. of Buried Man-Made Objects," of the.-Standard. Specifications and these special provisions. Concrete removed shall be disposed of in accordance with the provi- sions in Section 7-1.13, "Disposal of Material Outside the Highwa. Ri ht of . o y Way, of the Standard Specifications, _ . . Fu11 ~o~npEnsation for removing concrete shall be considered included in contract price paid per cubic yard of roadway excavation and additional compensation will be allowed therefor, D4: 41003.26 -26- DD:wrn (d) CLIEARING AND GRUBBING. Clearing and grubbing shall conform to the provisions in Section 16, "Clearing and Grubbing," of the Standard Specifications and these special provisions. c Clearing and grubbing shall be limited to concrete gutters, those areas to receive-asphalt concrete and other areas actually affected by the planned construction as directed by the Engineer. Dirt and loose material shall be removed fr~n all areas to be cleared and .grubbed, including "chuckholes"..The Contractor may use any n~thod, approved by the Engineer, that does not create a dust problem, to clean the areas to be cleared and grubbed. However, in residential areas aself- contained, pick-up type., power broom with water distribution system shall be used to clean the areas to be cleared and grubbed. The seventh paragraph of Section 1G-1.03, "Construction," of the Standard Specifications is deleted. D4: 41003.2? ®27- BD:wrn ~e~ EARTHWnRK. Earthwork shall conform to the provisions in Section 19, "Earthwork," of the Standard Specifications and these special provisions. Section 4-1.05. "Use of Materials Found on the Work," of the Standard ` Specifications shall be amended to read as follows: . Unless designated as selected material as provided in Section 19-2.07, "Selected Material," the Contractor, with the approval of the Engineer, may use in the proposed construction such stone, gravel, sand or other material suitable in the opinion of the Engineer as may be found in excavation. The Contractor will be paid for the excava- tion of such materials at the contract price for such excavation, but he shall replace at his expense with other suitable material all of that portion of the material so removed and used which was contem- plated for use in the work. The Contractor shall not excavate or remove any material from within the highway location that is not within the excavation, as indicated by the slope and grade lines, without written authorization from the Engineer. It is anticipated that there will be 180 cubic yards of surplus material which shall become the property of the Contractor and shall be disposed of outside of the highway right of way in accordance with the provisions of Section 7-1.13, "Disposal of Material Outside the Highway Right of Way," of the Standard Specifications. When asphalt concrete is to be placed. on the grading plane, the grad- ing plane at any .point shall not vary by more than 0.05-foot above or below the grade established by the Engineer, Section 19-3.062, "Slurry-.Cement ~ackfill," of the Standard Specifications is deleted and shall not apply to this contract. The relative compaction limits specified in the second paragraph. of Section 19-5..03 "Relative Compaction ~ 95 Percents " of the Standard Specifications are amended to the limits shown on the plans and typical cross- sections and hall be determined by: ASTM D1557-70, Method "c" Standard Test Method for Moisture-Density Relations of Soils using l0 lb. (4.5 ~ ~ ra~rnner -and l8" (457n~n7 drop, Calif. Test Methods 216. or 231. The subgrade mast be smooth, uniform and .true to .the required grade,. Driveways and private road approaches shall be constructed as directed by the- Engineer. . Rounding of cut. slopes will not be required. In areas where existing bituminous surfacing is to be placed in embar~~nents .more than 2.0 feet below finished grade or where. embar~~nent is to placed over existing bituminous surfacing more than 2.0 feet below finished grade, the surfacing shall be broken up and mixed with the underlying or embank- . n~nt material to produce a dense, compact embankn~nt. In areas where existing bituminous surfacing is to be placed in embankments within 2.0 feet of the finished grade or where embankrn~nt is to be .placed .over existing bituminous surfacing within 2.0 feet of finished grade, the surfacing shall be broken that no lumps greater than 3" in maximum dimension remain. D4: 41003.28 -28- BD:wrn {f) AGc~EGATE BASE. Aggregate base shall be Class 2 and shall con- form to the provisions in Section 26, "Aggregate Bases," of the Standard Specifications and these special provisions. 4 Aggregate for Class 2 aggregate base shall be clean and free from veg- etable matter and other deleterious substances. G Compact the aggregate base to 95~ relative compaction. Compaction is determined by the following test methods: California No. 216, California No. 231, or ASTM D155?-70, Method C. For verification purposes, the tonnage of compactedaggregate base will be calculated from the dimensions shown on the plans, adjusted by the amount of any change ordered by the Engineer. ASUR] MENT AND PAYMENT : Subm1. t a ~1e ighmaster ° s su~~nary sheet, show-- ing the .tonnage of aggregate base delivered to the jobeach day, tothe inspec- for on the following workday. No allowance will be made for aggregate base placed in excess Qfthedirnensions shown on the plans unless directed by the Engineer. Aggregate base. shall. be paid for at the contract unit price per ton. .Said price includes full compensation for furnishing all labor, materials, tools., and equipment and for doing all work involved in constructing the aggre-- gate base complete in place, as shown on the plans and specified herein. {g) ASPHALT CONCRETE. Asphalt concrete shall be T~~pe B and shall conform to the provisions in Section 39, "Asphalt Concrete," of the Standard Specifications and these special provisions. - Aggregate for -the top layer of T!~pe B :asphalt concrete shall conform to the requirements for 1~2 inch maximum, medium grading and aggregate for any lower layers of Type B asphalt concrete shall conform to the requirements-for 3/4 inch maximum,. medium grading, both as specified in Section 39-2.02, "Aggregate", of the. Standard Specifications. - When directed by the Engineer, aggregate conform%ng to any of the grading~requirernents in Section 39-2.02, "Aggregate," of the Standard Specifications shall be used to surface intersections, tapers, and other areas where thin layers of asphalt concrete are being constructed. If the finished surface of the asphalt concrete does not .meet-.the spe- cfed surface tolerances, it shall be brought within tolerance by either {1) abrasive grinding with equipment utilizing diamond blades {with fog seal coat an the areas which-have been. ground), {2) removal and replacen~nt, or {3) placing an overlay of asphalt concrete. The method will be selected by the Engineer. e corrective work shall be at the Contractor's expense. If used, the Fog Seal Coat shall be either Asphalt Rejuvenating Agent or Asphaltic Emulsion as directed by the Engineer. D4: 41003.29 ~ ~ ~ ~29® BDawrn If abrasive grinding is used to bring the finished surface to speci- fied surface tolerances, additional grinding shall be performed as necessary to extend the area ground in each lateral direction so that the .lateral limits of d grinding are at a constant offset from, and parallel to the nearest lane line or pavement edge, and in each longitudinal: direction so that the grinding begins and ends at lines normal to the pavement centerline, within any ground area. All ground areas shall be neat rectangular areas of uniform surface appearance. Abrasive grinding shall conform to the requirements in the first paragraph and the last 4 paragraphs in Section 42-2.02., "Construction," of the Standard Specif ications. Where the compacted thickness is 0.15 foot or less, halfwidth surfac- ing operations shall be conducted in such a manner that, at the end of each day's work, the distance between the ends of adjacent surfaced lanes shall not be greater than can be completed in the following day of normal surfacing opera- . Lions. Additional asphalt concrete shall be placed along the transverse edge at the ends of each lane, hand raked, and compacted to form temporary conforms. Kraft paper, or other approved bond breaker, may be placed under the conforms to facilitate the removal of the conforms when. paving operations resume. where the compacted thickness is more than 0.15 foot, the Contractor .shall schedule his paving operations such that each layer of asphalt concrete is placed on all contiguous lanes of a traveled way each work shift.. At the end of each work shift, the distance between the ends of the layers of asphalt concrete on adjacent lanes shall not be greater than 10 feet. Additional asphalt con- Crete shall be placed along, the transverse edge at the ends of each lane and along the exposed longitudinal edges between adjacent lanes, hand raked, and .t compacted to form. temporary .,conforms.. Kraft paper, or other approved bond breaker, may be placed under the conform f eath~rs to f ac i 1 hate the . ren~val of the feathers when paving. operations resume. The area to which paint binder has been applied shall be closed to public traffic. Care shall be taken to avoid tracking binder maternal onto existing pavement surfaces beyond the limits of construction. A primp coat will not be required on subgrade prior to placement of asphalt. concrete. Intersections and tapered shoulders shall be surfaced as directed by the. Engineer. At road connections and private drives,. shown on the plans and as directed by-the Engineer, additional asphalt concrete surfacing material shall be placed and hand raked, if necessary, and compacted to form sn~oth,~tapered connections. . . where new. asphalt concrete pavement is to conform to existing paved surfaces, the existing pavement shall be saw cut. The subgrade beneath surfacing .for median islands shall be chemically treated for weed control. The chemical applied shall be 2, 6-dichlorobenzonitrile and shall be applied in accordance with the manufac- turer's recommendations and these special provisions. The rate of application shall be 4 ounces of active chemical per 100 square yards. Asphalt concrete ,shall be placed over the treated subgrade within 2 hours of chemical application when air temperature is higher than 50° F. At air temperatures lower than 50° F., asphalt concrete shall be placed on treated subgrade within 10 hours of che- D4: 41003.30 ®30- SD:wrn mical application. Should "wettable powder" type chemical be used, a suitable fugitive dye shall be incorporated in the mixture so that coverage and spread rate may be verified. y Full compensation for chemically treating soil as specified in this section will. be considered as included in the contract price paid per square yard for place asphalt concrete (miscellaneous area). MlrAS~NT AND PAYMENT. Submit a ~leighmaster's summary sheet, showing the tonnage of asphalt concrete delivered to the job each day, to the inspector on the following work .day. No allowance will be made for asphalt concrete placed in excess of the dimensions shown on the plans unless directed by the Engineer. Asphalt concrete shall be paid for at the contract unit price per ton. Said price includes full compensation for furnishing all labor, materials, tools, and equipment and for doing all work involved in constructing the asphalt concrete complete in place, as shov~m on the plans and specified herein. {h) SAW ASPHALT CONCRSTE PAVIEM~NT. Where new asphalt concrete is to conform to existing asphalt conorete, the existing asphalt concrete shall be saw cut to a meat line. The depth of cut shall be sufficient so that damage to adjacent asphalt concrete, which is to remain in place, will nod occur during excavation .operations. The Contractor shall conduct his operations sous not to damage the integrity of the edge of-the saw cut paven~nt. Any damage to the saw cut edge will be corrected by the Contractor by additional cutting prior to the start of paving operations. s Full compensation for ren~ving concrete-shall be considered included in the contract price paid per cubic yard of roadway excavation and no additional compensation will be allowed therefor. (i) MISCEL]~ANEOUS CONCRETE CONSTRUCTION. Portland cement concrete curbs, sidewalks,. wheelchair ramps, cross drains, drive approaches, driveways and miscellaneous construction -shall conform. to the provisions in Section 73, "Concrete Curbs and Sidewalk;" of the Standard Specifications and these special provisions. D4: 41003.31 ~31~ HD:wrn j ) PARTICIPATION ~Y FOREIC~1 C01V7~RACTORS AND SUBCONTRACTORS. The Department will not consider for award any bid proposals submitted by any Contractor, .and will not consent to subletting any portions of the contract to any Subcontractor of a foreign country during any period in which such foreign country is listed by the United States Trade Representative as discriminating against U.S, firms in conducting procurement for public works projects. In addition, no product of any such listed country shall be permanently incorporated into the project. This special provision applies to the participation of Contractors, Subcontractors and products of the following countries which have been listed by the United States Trade Representative: JAPAN For the purpose of this Special Provision: 1. Any Contractor or .Subcontractor who is a citizen or national of a foregncountry or is controlled directly or indirectly by citizens or nationals of a foreign country, shall be considered to b~ a Contractor or Subcontractor of such .foreign country. The terms"Contractor" and "Subcontractor" also include any partner in a joint venture. 2. Any product.,. of which fifty percent ~ 50~) or ire of its cost is attributable. to production or manufacturing in a foreign country, shall... be considered to be a product..of such foreign country.. D4: 41003.32 ®32~ BD:wrn SECTION 15. SPECIAL PROVISIONS - TI~AF'FIC SIC~~~LS AND STREET LIGHTING (a} DESCRIPTION. Furnishing, installing and modifying traffic sig- nals and highway lighting and payment therefor shall conform to the provisions in Section. 86, "Signals and Lighting", of the Standard Specifications and these r special provisions. Traffic signal work is to be performed at the following locations: WHITE L~~NE AND WIBLE ROAD (b} REMOVING AND REPLACING IMPROVI~iENTS. Removing and replacing improven~nts shall conform to the provisions in Section 86-2.02, "Removing and Replacing Improven~nts," of the Standard Specifications and these special o, provisions. (c} FOUNDATIONS. Foundat-ions shall conform to the provisions in Section 86-2.03, "Foundations," of the Standard Specifications and these special e ~ pro~islons. The Contractor shall furnish the anchor bolts, nuts and washers to be used for new foundations and shall furnish the appropriate .nuts and washers for existing foundations to be reused., Portland cement concrete shall conform to Section. 90-1.0, "Minor Concrete," of the Standard Specifications and shall contain not~less than 470 pounds of cement per cubic hard, except for pile foundations shall contain not N less than:-5~4 pounds. of cement .per. cubic yard, (d} CONDUIT. Conduit shall conform to the provisions in Section 86-2,05, "Conduit," of the Standard.Specifications-and these special provisions. Insulated bonding bushings will be required on metal conduit. Conduit shall be bored at crossings under existing street paven~nt .-unless opern trenching is allowed by the Engineer due to poor soil conditions or other crc~~mstances. (e} PULL BOXES. Pull boxes shall conform to the provisions in Section 862.06, "Pull Boxes," of the Standard Specifications and these special o. provisions. Recesses for suspension of ballasts will not be required. e 4: 41003.33 ~33-~ BD:wrn (f) CONDUCTORS AND WIRING. Conductors and wiring shall conform to the provisions in Section 86-2.08, "Conductors," and Section 86-2.09, "wiring," of the Standard Specifications and these special provisions. CONDUCTORS -The Contractor shall use multi-conductor electrical cables (T~ipe IMSA 19-1~ for all circuits except between the service switch and controller cabinet. only multi-conductor cable conforming to the following shall be used: 5 Conductor cable consisting of 5 No. 14 conductors colored 1 each red, yellow, brown, white and black. _ 9 Conductor cable consistin of 1 No. 12 conductor colored white and g 8 No. 14 conductors colored 1 each red, yellow, brown,. black, red black stripe yellow black stripe, brown black stripe and white black stripe. t.~r~, d ~b ~ ~ 28 Conductor cable consisting of 1 No. l0 conductor colored white and 27 No. 14 conductors colored as indicated in the following conductor table for a single ring operation. CONDUCTOR TABLE Insulation Colors Signal Phase Circuit or Function Base Stri 2 & 6 Red, Yellow,-Brown Black vehicle 4 & 8 Reds Yellow, Brown Orange Signals 1 & 5 Red, Yellow, Brown Si ver 3 & 7 Red, .Yellow, Brown Pu le 2p & 6p Red, Brown 2 Blaok Pedestrian 4p & 8p Red, Brown 2 orange Signals lp & 5p Red, Brown 2 Silver 3 & 7 Red, Brown. 2 Pu le 2p & 6p Blue ~ Black .Pedestrian 4p & 8p ~ Blue Orange Push Buttons lp ~ 5p Blue Silver 3 & 7 Blue ~ Pu le Pedestrian Push Buttons white Black Co~non Si al white None Railroad Pre-t Lion Black Red S are Black None The cable sheath shall be polyethylene and the conductor insulation shall be Z~ipe 'B~1 polyvinyl chl~~ride. Subparagraphs 1, 2, 4 and 5 of the-first paragraph of Section 86-2.09D, "Splicing," of the Standard Specifications are. deleted. . D4; 41003..34 -34- BD:wrn Conductors shall be spliced by the use of "C" shaped compression connectors as shown on Standard Plan ES ].3. Splices shall be insulated by "Method B." (g) BONDING-AND GR~JNDING. Bonding and grounding shall conform to r the provisions in section 86-2.10 "Bonding and Grounding," of the Standard Specifications and these special provisions. (h) SERVICE. Service shall conform to the provisions in Section 86-2.11, "service," of .the Standard Specifications and these special provisions. The Engineer will arrange with the serving utility to complete service connections to service points shown on the plans .and will pay all required costs and fees required by the utility. (i) TESTING. Testing shall conform to the provisions in Section a 86-2..14, "Testing," of the Standard Specifications and these special provisions. (j) SIC~~L FACES AND SIC~~AL HEAD. Signal. faces, signal heads and auxiliary equipment, as shown on the plans, and ,the installation thereof, shall conform to the provisions %n Section 86-4.01, "Vehicle Signal Faces," 864.02, "Directional Louvers," 86-4.03, "Backplates" and 8~-4.06, "Signal M®unting Assemblies," of the Standard.Specifications and these special provisionsa Housing, visors, directional louvers and:backplates shall not be - structural plastic.. All lamps for traffic signal units shall be furnished by the Contractor. - All signal faces shall be provided with 12-inch sections.. (k) PEDESTRIAN. SIGNALS. Pedestrian signals shall conform. to the provisions in Section 86-4.05, "Pedestrian Signal Faces.," of the Standard Specifications and these special provisions. Pedestrian signals shall be '~~pe C, and shall have. energy efficient heads .,equivalent to Indicator Controls Corporation Model 4094. (1) L~JMINAIRES. - ,Luminaires shall conform to the .provisions in Section 86-G.01, "High Intensity-Discharge Luminaires," of the Standard Specifications and these special provisions. Luminaires shall be furnished with 200-watt high pressure sodium lamps and integral ballasts. (m) PHOTOELEC'~RIC CONTROLS. Photoelectric. controls. shall conform to the provisions in Section 86-6.07, "Photoelectric Controls", of the Standard Specifications and these special provisions. Each luminaire shall be provided with a '~~pe IV photoelectrical control. D4: 41Ofl3.35 ~ -35- BD:wrn fin) CONTROLLERS, CABINETS AND AUXILIARY EQUIPMENT, The City will furnish the controller and cabinet assembly for each location. to) DETECTORS, Detectors shall conform to the provisions in Section ~6-5, "Detectors," of the Standard Specifications and these special provisions. Location and layout of detector loops shall be as directed by the Engineer. INSTALLATION DETAILS: Installation and tests shall conform to the details and notes shown on the plans. Slots cut in the pavement shall be blown out and dried before installing inductive loop detectors. After conductors are installed in .slots cut in the pavement, the sl®ts shall be filled with epoxy sealant conforming to the requirements in Section 95-2,09, "Epoxy Sealant for Inductive Loops," to within 1/8 inch of the pavement surface. The sealant shall be at least 1/2 inch thick above the top conductor in the saw cut. Before setting, surplus sealant shall be removed from the adjacent road surfaces without the use of solvents, In lieu of the epoxy sealant specified above, slots may be filled with either of the following materials: 1. An elastomeric sealant conforming to the following: - The sealant shall be a~polyurethane material of a composition that- will, within its stated shelf life, cure only in the presence of moisture, Sealant shall be suitable for use in both asphalt concrete and Portland cement concrote. The cured sealant shall have the following performance characteristics: Measuring Standard Propert and .Results And Conditions Hardness indentation} - 65-°85 ASTM D 2240 Res, Type A, Model 1700 77° F. X25° C~) 50~ relative humidity.. Tensile strength - 500 psi, min. ASTM D 412 Die C, pulled at 20 IPM. .Elongation - 400, minimum ASTM D 412 Die C, pulled at 20 IPMI Flex at - 40° F. - no cracks 25 mil Free Film Bend X180°) over 1/2" - Mandrel. leathering Resistance _ Slight ASTM D 822 Weatherometer 350 Hrs. Chalking Cured 7 days at 77° F. X25° C.) 50~ relative humidity. D4: 41003.36 ~3~® BD:wrn Salt Spray Resistance - 500 psi, ASTM B 117 28 days at 100° F. (38° C.) minimum Tensile; 400, minimum 5~ NaCl, Die C, pulled at 24 IPM. elongation ^ Dielectric. Constant - Less than ASTM D 150. 25~ change over a temperature range of -30° C. to 50° C. 2. Asphaltic Emulsion Inductive Loop Sealant shall conform to State of California Specification 8040-41A-15. Loop conductors shall be installed without splices and shall terminate in the nearest pull box. The loops shall be joined in the pull box in combination of series and parallel so that optimum sensitivity is obtained at the sensor unit. Final splices between loops and lead-~in cable shall not be made until the operation of-the loops under actual traffic conditions is approved by the Engineer. . A11 loop conductors for each direction of travel.. f or the same phase of a traffic signal ,system, in the same pull box, shall be spliced to a cable which shall be'run from the pull box adjacent to the loop detector to a sensor unit mounted in ,the controller cabinet. Splices to the cable shall be made in pull boxes only. All loop conductors for traffic counters shall. terminate in a pull box or terminal strip in the traffic count station cabinet when such a cabinet is installed. Conductors for inductive loop traffic signal and traffic counting installations shall be identified and banded, in pairs, by lane, in the pull box adjacent to the loops and near-the termination of the conductors in the controller or traffic count station cabinet. Bans shall conform to the provisions in Section 86-2.09, "wiring." Identification of each conductor pair shall consist of labeling the phase nor and detector slot n~~ber (e.ge"6~2L, 8J8U, 3I5U, etc.), in permanent ink on a plastic tag suitable for-such purposes (Stuart Electric Ty Rag, catalog No. TY5532 or approved equal), If asphalt concrete surfacing is to be placed, the loop detector. conductors shall be installed prior to placing the uppermost layer of asphalt concrete. The conductors shall be installed, as shown on the plans, in the contacted layer of asphalt concrete in~ediately below-the uppermost layer. Installation details shall be as shown on the plans., except the epoxy sealant shall fill the slot flush to the surface. Detector loops in concrete pads shall be sealed with epoxy sealant. Lead cables shall be T~~pe A lead-ins and shall conform to the provisions in Section 86-S.OlA(4), "Construction Materials," of the Standard specifications and these special provisions. (p) PA'YNIENT. Payment for signals and lighting shall conform to the provisions in Section 86-8, "Payment", of the Standard Specifications and these special provisions. Full compensation for cast-in-drilled hole concrete pile foundations shall be considered as included in the contract lump sum price paid for the item requiring foundations and no separate payment will be made therefor. D4: 41003.37 -37- ~ BD:wrn SECTION 16. SPECIAL PROVISIONS L SIGNS ~ a) STREET N~~ME SIGNS. Street name signs shall conform to the provi-° - sions in Section 56-2, "Roadside Signs," of the Standard Specifications and these Special Provisions. Sign panels will be furnished and installed by the City. Mast-arm. hangers will be furnished and installed by the City. Street Name Signs will be installed by mast-arm hanger methods such as Hawkins M10J Series swing~.ng sign bracket, with return spring removed, or acceptable equal. fib) ROADSIDE SIGNS. Roadside-signs shall conform to the provisions in Section 56-2, "Roadside Signs," of the Standard Specifications and: these Special Provisions. Miscellaneous Roadside Signs shall conform to City Standard TS-4. ~c) MAST ARM SIGN. R73-5 sign to be mounted on mast arm at Pole Location "L" shall conform to the provisions in Sect-ion 56-2, "Roadside Signs", of the Standard Specifications, the plans and these special provisions.. Full compensation for the mast arm sign shall be considered included in the lump sum price for .installation of traffic signal and lighting-system and no additional compensation will be allowed therefor. SECTION 17. SPECIAL PROVISIONS.- GUARANTEE FOR ~FIC SI(~1AL AND STREET LIGHTING SYSTEMS. ~a) .GUARANTEE. The Contractor. shall furnish a written guarantee to .the City on the form attached, guaranteeing all systems, except gaff io signal lamps, installed under this contract for a period of one C1) year from the date of acceptance of the wor}~. The guarantee, properly executed, shall be filed with the City before notice of completion and final acceptance is .made by the City of the work described on the plans and these special provisions. fib) PAYMENT. The lump sum prices paid for installation of traffic signal and street lighting systems shall include full compensation for furnish- . ing the guarantee as required in this section. D4: 41003.38 ®38- HD:wrn SECTION 18. SPECIAL PROVISIONS -Remove Traffic Stripes and Pavement Markings a) REMOVE T~~AFFIC STRIPES AND PAVEMENT N~~:RKINGS . Traffic stripes and .pavement markings to be removed will be as shown on plans and as designated by the Engineer. Traf f is 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, Where blast cleaning is used for the removal. of painted. traffic stripes and pavement. markings, the area shall be shielded so that no material from the blasting operation is allowed to enter the area that is open to public-traffic, Sand or other material deposited on the pavement as a result of removing traffic stripes and markings shall be removed as the work progresses.. Acc~~mulatons of sand or other material which might interfere with drainage or might constitute a hazard to traffic will not be permitted. Traffic stripes shall be removed before any change is made in the traffic pattern. Blast .cleaning for removal of traffic stripes shall be feathered out to irregular and .varying widths.. Paven~nt markings shall be removed by blast cleaning a rectangular area, rather than just lettering or markings, so the old message cannot be identified. Af ter removal. of traffic stripes and paven~nt markings, a fog seal coat shall be applied in conformance with .the provisions in Section 37, "Bituminous Seals," of the Standard specifications and the following: In traffic stripe removal areas,. the fog .seal coat shall be applied over the traffic stripe removal area and to irregular and varying widths with an average width 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- f-ied herein shall be considered as included in the contract price paid per square foot for removal of traffic stripe and pavement marking and ~no separate. payment will be made therefor. Nothing in these special provisions shall relieve the Contractor frc~n his responsibilities as provided in Section 7-1.09, "Public Safety," of the Standard Specifications. b) ORDER OF WORK. Order of work shall conform to the provisions in Section 5-1.05, "order of Work," of the Standard Specifications and these spe- cial provisions. D4: 41003.39 -39- BD: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 tape applied in pieces not less than 4 anches ion g nor less than 4 inches wide spaced no more than 10 feet apart on curve nor more than 20 feet apart on tangents. Reflective traffic line tape shall be a lied in accordance with the man ' °pp ufacturer s instructions. Temporary delineation shall be the same color as the permanent delineation. Full. compensation for to ra rY delineation shall be considered as included. in the prices paid for. the contract items of work that obliterated the existing delineation and no se agate a nt p p~ will be made therefor. Pavement delineation removal shall be coordinated with temporary Jelin-° eation so that lane lanes are provided at all tunes on traveled wa s y open to public traffic. c ~ MI~ASt~~~MENT AND PAYMENT. Quantities of traffic stri remov ' pe ed will be determined by the. width of the stripe plus 0.67-foot nroultiplied by the len th g of•the stripe. The space between double traffic stripes will. be measured as painted traffic stripe, Quantities of pavement markings removed will be deter- mined- by the actual size of the rectan le measured ins are feet.. g qu Removing of traffic stripes will be paid for at the contract unit rice p per square foot for the actual area of authorized stripe removal.. The contract unit price per square foot shall include full co nsataon for furnashin all g labor, materials, tools, equipment, signs and for doing all work necessary for removing existing striping as shown on lan and as directed p by the Engineer. D4: 41003.40 ®40~ BD:wrn ~ A u ALTERNATE LOCATION TO SE ~ TYPE 8° ° S S. ,USED WHEN THE SIDEWALK Y 2~' GALVAN iZED Pi PE EXTENDS FROM THE CURE ~ AS PER AMERICAN FENCE Ca. TO THE PROPERTY LINE, a . AR A ~ P T iCULARLY IN COMMERCi L w AREAS...,.,.,, e 1 J ~ ~ ~ i ~ tI U tl ~ s 9 ~ ~ ,2 O ' •e.:. ° ~ !i! o . ~I ~ ~ ~ ~ 1 i ~ ° o~ ~ ' It S MIN. - I ~ Ia . .CLASS S PC.C° r~ ~ S CELLQNE~US SIGN DETAIL RECORDEC~.~~~.1 ~ ! I 6~ E R~ ~ ~ ~ ~~TE 0~~~.5~C~~ 1 N !lOOk..e.,~AT rAG "L®...,~ C~~~~ R N 1 o~frc~~ R~coR®s o~ ®RAwN G°~ KERN C®1JN~°Yo CALil~oRNl~1 ElV~INEERiNG D►~P~►R'TIVI~N`T c~~c~~~ ~o Loe PROPOSAL FOR Traffic Signal Modification on white Lane at Wible Road To the City Clerk of the City of Bakersfield: The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals .:are those named .herein; that this pro- posal is made without collusion with any other person, firm or corporation,• that he has carefully examined the location of the proposed work, the annexed pro- posed form of contract and. the plans therein referred to; and he proposes and agrees if this proposal is accepted, that he will contract with tie City of Bakersfield, in the prescribed form of contract hereto. annexed, to provide all necessary machinery, tools,, apparatus and other means of construction and to do all the work and furnish all the materials in accordance with the plans and spe- cif ications for the above, filed in the off ice. of the Finance Director of the City of Bakersfield and as specified in the contract., in the manner .and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefor the unit prides or .lump sums set forth in .the following schedule: Ih case of a discrepancy between. words and figures,-the words shall prevail; and in case of discrepancies between unit prices and totals, the unit prices shall prevail. The undersigned further agrees that in case of default. in executing the:.required contract,.v~th necessary bonds, within ten X10}.days, not including Sunday, after having received notice that the .contract is ready for signature, the proceeds of the check. or bid bond accompanying .his, bide shall become. the pro-° perty of the City of Bakersfield. Bidder acknowledges receipt of the following addendum: ITEM APPROX. ~ITE1~ WITH LUMP SUM PRICE UNIT NO.: QUANTITY WRITTEN IN 1~RDS PRICE TOTAL 1 LUMP SUM Install traffic signal: and I lighting system _ Lump Sum 2 2925 Remove. Striping SeF• SIC.~NED Bidder _ Page 1 ®f 2 D4: 41003.41 PROPOSAL FOR: Traffic 5i~nal Modification on White Lane at Wib~.e Roads ITEM APPROX. ITEM WITH LUMP SUNI PRICE UNIT N0. QUANTITY WRIT:I'EN TN WORDS PRICE TOTAL 3 1935 Median curb, M-1 or M~2 L.F. 4 135 Asphalt concrete, ~ B TONS 5 165.. A e ate Base, Class 2 TONS. 6 4~0 (f ~ Road~aa excavation C.Y. ~ 13 Re lato si sand sts E~. i~OTP.~L SIGNED Mader Pale 2 of ~ pages. D4: 4103.42 PROPOSAL FOR: Traffic Signal Modification on White Lane at Wible Road. ITEM APPROX. ITEM WITH LUMP SUM PRICE UNIT N0. .QUANTITY. WRITTEN IN WARDS PRICE TOTAL 3 1935 Median curb, T!~ M--1 or M-2 L.F. 4 135 Asphalt concrete, Type B .TONS 5 165 Aggregate Basel Class 2 TONS. 6 400(f~ Roadway excavation C.Y. 7 13 Rec~alator~sic~ns and -posts EA. TOTAL SLED Bidder Page 2 of 2 ~age~, D4 : 41003 , 42 LIST OF SU]Bt:ONTRACTORS Ti~AF'FIC slGlvAL MODIFICATION. ON WHITE AT WIBLE ROAD All rsons or parties submitting a bid proposal` on tie project shall complete l~ the following form, setting forth the name and the location of the mill, shop or office of each .subcontractor who will. perform work or labor. or render service to the Contractor in or about the construction of the .work or ' roven~ent in excess of one-half of one (1~ ~ percent of prime ,Contractor's ~p .total bid, or TEN THOUSAND DOLlG~~S ($10, 000 wha.chever is greater, and the rtion of the work which will be done by each subcontractor. This list is to be completed ar~d submitted with said bid proposal. DIVISION OF N~~ME OF SUBCON~CRACTOR ADDRESS _ WORK. IN~IOLVED D4:41003.43 -~43- ED:~ A~eoinpaz;~•in~ t i s proposal i s.. } r~ ec 1 ~ , » ec ?~'UTI~f*J : lil~ei~t the «rords "c~asli cast/ er s checl~, eerti- aleck'' or "bidder's hood," as the case may be), in amount equal to at fled , least ten percent of the total of ~thP hid. f • .ll ~ersans int~~rested iii the foresuiv~ l~ropoee~l as prin• Tli~. naill~s o a l cipals are as follows ' If bidder oi• other interested person is a cor- ortct ~otaC~ anon le al name of cor or , poratlon, state g P also. names of the president, secretary, treasurer, and manager thereof ; if a copartnership, state true name of firm, also names of all indlvldual copart~ ners composing firm; if bidder or other interested person is an individual, state f first and last names in f ull. . ~,icensed in accordance with an act providing for the registration of Contractor's License No. SIGN HERE Signature of Bidder NOTE-I! bidder is a corporation, the legal name o! the corporation shall be se! lortb above together with tb~: signature of the oilicer or o!licers authori:ed to sign toatracts oa bebalt ei the corporation: i! blddes is R cops:taership, the true name of the firm shall he set torttt above together artth the signature o! the partner or partners authorised to sign contracts t ~!b Ignature ~ copartnership; and ii blddes. is as tadl~idual, his signature shat! be placed above. by an agent, other than as olticer c! a corporation or a member o! a partnership, c Poerer o! Attorney mu:t be. oa lile with the City Ciark o! the City o! Dakerslteld prior to opening bids or submitted w~itb the bid; otbcrv►ise, the bid wlil be disregarded as irregwlar aad uaauthori:ed. Business address......... Place of residence..... dated .................................19........... 01 At G/11fit ll ~ PRaPOS~L DER S BOf~ D `TO ~CCOM PANY BID (Not necessary if cash or certified check is with bid? KNOW ALL MEN BY THESE PRESENTS: That we as principal. and ~ as aurcty, h ld and firml bound unto thce City a~ Bakers{ field, a -body politic and corporate of the State of are e Y ilornia in the Bum o~ ~ ~ ~ dollars Cal to be paid to said .City, for which payment, well and truly to be made; we _ ' elves our heirs, cxecutoTS and administrators, successors or assigns, jointly and severally by bind ours , these presents. THE CONDITION OF THIS OBLIGATION IS SUCH: the certain. roposal, hereunto annexed, to construct certain work and improvements in That i P • e~erred to in the Notice to Contractors attached hereto, is accepted the Cety of Bal:ersf icld as r . b the Council of said City and if the above bounden principal, heirs, executors;• administrators, sue- Y and assi ns, shall duly enter into and execute a contract, to construct said improvements censors ~ a{orementioned, and shall execute .and deliver the two bonds required by la~v, within ten days (not ' nda from the date of a notice to the above bounden principal, that said contract is ready including Su y} ' li ation shall become null and void, otherwise it shall be and remain in f utl {or execution, then tlzls ob ~ force and ef~ect~ N V~ITNESS V~HEREOF, we Nava hereunto sot our hands and seals this _____day I o f ~ , A.D.19 (Seal } (Scat} (Sear) (Seal} (Scat) This form shall be completed by all Bidders and submitted with the bid} TRAFFIC SIC~IAL MODIFICATION ON WHITE LANE AT WIBLE ROAD NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) } ss: County of ) being first duly sworn, deposes and ~ name } says that he or she is of ~~itle} company) the party mal~ing 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 genuine and not collusive or sham; 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 or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham bid, or that anyone. shall.- ref rain f turn bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, com~unicaton, 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. ®ther bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed 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 thereof, or divulged information or data relative thereto, or paid., and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent member or agent. thereof to effectuate a collusive or sham. bid." ..v. Signature of Bidder Business Address Place of Residence D4: 41003®44 HOLD HA1~ML~ESS AGREEMENT CITY OF BA~KERSFIELD IT IS HEREBY AGREED that ,agrees to indemnify and hold harmless the City of Bakersfield, its agents, employees or any other 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 bodily injury, including death at any time resulting therefrom, sustained by any person or persons, or on account of damage to property arising out of or in consequence of Traffic Signal modification on agreement name} White Lane at ~Tible Road . IT IS FURTHER UNDERSTOOD AND AGREED that the Contractor sha3.1 fat the option of the City}, defend the City of Bakersfield with appropriate counsel and shall further bear all costs and expenses, inc:~uding the expense of counsel, in the defense of -any. suit arising hereunto. DATED Contractor's Name Authorized.5ignature D4:41003.45 SAMPLE SAMPLE rs~~ w~*r~~~~m ~a~a~a'aio~ao~~r~~~ [To be completed by the Contractor, if he elects to substitute securities in lieu of retention, . ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION THIS ESQ AGREF~KENT is :Wade and entered into by and between whose address is ► hereinafter cal led "Owner" , j whose address is hereinafter called "Contractor" and ~ , whose address is hereinafter called "Escrow Agent". For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: 1, Pursuant to Section -4590 of Chapter 13 of Division 5 of Title 1 of the Gove~~ment Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for in the amount of ~ dated ~hereinaf ter referred to as the "Contract"~. then Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within ten (10~ days ®f the deposit. The market value of the securities at the time of the substitution shall be at-least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of , and shall designate the Contractor as the beneficial owner. 2. The Owner shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent hold securities in the-form and amount specified above. 3. Alternatively, the Owner may make payments directly to Escrow Agent in the amount of retention for the benefit of the Owner until such time as the escrow created hereunder is terminated. 1 A~EA~"SD.1 4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in ac~ninistering the escrow account. These expenses and payment terms shall be determined by the Contractor and Escrow Agent. y 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the owner. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization frc~n Owner to the Escraw Agent that owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. The owner shall have a right to draw upon the securities in the event of default by the Contractor.. Upon seven ~7} days' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately con~rert the securities to cash and shall distribute the cash as instructed by the owner. 8. Upon receipt of written notification from the owner certifying that the Contract. is final and complete, and~that the Contractor has complied with all requirements and procedures applicable to the .Contract, Escrow Agent sha1.1 release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement, of all moneys and securities on deposit and payments of fees and .charges. 9. Escrow Agent .shall rely on the written notifications from the Owner and the Contractor pursuant to Sections ~4} to ~5}, inc usve, of this agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.. 10. -The names of the persons who are authorized to give written :notice or to receive written notice on behalf of the Owner and on .behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures, are as follows: on behalf . of Owner: On behalf of Contractor: Title Title Name Name Signature Signature Address Address 2 A-EAFSD.2 t un ~enalr or escrow tigenz: Title Name Signature Address At the tune the Escrow Account is opened, the Owner and Contractor shall deliver to the-Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS ~4~'~, the parties have executed this Agreement by their proper officers on the date first set. forth above. Owner _ ~ Contractor Title Title Name Name Signature Signature 3 A-~EAFS~ ® 3 ~A1"lYL~; 5t'~MYL~; .we.~r.~nrw a`~a~ior..ee~..~ coNT~AcT No. DESCRIPTION OF WI~RK TO BE PERFORMED -CITY OF BAKERSFIELD THIS AGREEMIENT, made and entered into this ~ day of , 1:989, by and, between the CITY OF ~RSFIELD, a municipal corporation, hh einafter called."City," and ,hereinafter called "Contractor"; wITNESSETH: ~IERI~AS, City has duly advertised for eealed proposals for r within the City of Bak~rsf field. 4n the ..day of , 19$9, the contract was awarded to Contractor upon-his properly executed bid; and WHE~~IAS, one of the conditions of said award required a formal contract to be executed by and between City and Contractor.. N(3~1, THEREFORE, it is mutually agreed by and between the parties hereto as follows : ARTICLE I Contractor agrees to furnish supplies, equipment, labor and~materials fora / within the City of Bakersfield. .ARTICLE II The fol~.owng shall be deemed to be part of this contract as if fully set forth herein: 1. Information to Bidders 2. Special Provisions 3. Bid Proposal. 4. Bidder's Bond. . 5. Performance Bond Material and Labor Bond 7. Letters of transmittal, if any 8. All provisions required by law to be inserted in this contract whether actually inserted or not. 1 -1- CONTRALTI IN WITNESS ~IEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written, CITY OF B~~KERSFIELD By Mayor APPROVED AS To FORM: By City Attorney COU'N`TERS I~1ED: By Finance Director OF CONTRACTOR} Contractor ®2® CONTRACT2 GUARANTEE EQUIPMENT City of Bakersfield Department of Public works Bakersfield, California In accordance with the terms of Contract No. ,for the Project: TRAFFIC SIGNAL MODIFICATION ON WHITE LANE AT WIBLE ROAD , awarded on ,between the City of Bakersfield thereinafter referred to as the City}, and the undersigned, which contract.,, provides for the iristallata.on of ,and under which contract the undersigned has Turnished 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 work manship, material furnished, or method of installation, or should said system or any part thereof fail to operate properly, as planned, due to ar~y of the above causes, all within year after date on which said contract is accepted by the. City, the undersigned agrees to reimburse the City, upon demand, for its expenses incurred .in restoring said systems to the condition contemplated in said contract, including the cost of any equipment or materials replaced, or, upon de~and by the City, to replace any.. such equipment andxepair said systems completely without cost to the City,~so that they wall operate suc~ess~ully as originally contemplated, The City shall have the option to n~~ke-any needed repairs or replace- menu itself or to have such replace~ents or repairs done by the undersigned. Prior to such replacement or repair work: being done by the City, the undersigned shall have. the option to make any needed repairs or replacements. In the event the City elects to have said work performed by the undersigned, the undersigned - agrees that the repairs shall commence to be made and such materials as are nec® essary shall commence to be furnished and installed within Twenty-°Four ~24~ hours of the date ~specif ed in the City's written notification. Contractor - shall prosecute with due diligence to complete the work within a reasonable period of time, as. specified in the City's written notification. Said system will be deemed defective within the meaning of this guar- antes in the event that they fail~to operate as .originally intended by the mane-~ facturers thereof and in accordance with the plans and specificationsincluded - in said contract. Date Contractor's Signature Firm - Address D4: 41003.46 .v 1