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HomeMy WebLinkAbout1989 Special Provisions Project 41004COPY NO. CITY OF B~~KERSFIELD CALIFORNIA SPECIFICATIONS INFORMATION TO BIDDERS SPECIAL PROVISIONS BID PROPOSAL . FOR ~~~5~~~~~~~~~§~~~~~~~~~~~~~~~~~~~§§~~~~~~~§~~~~§~~§~~~~~§~~~~~§~~~~~~ ~ § TI~AF'FIC SIC~AL SYSTEM ON EL Pt~RTAL DRIVE AT ~ ~ MING AVENUE BID DATE APRIL 13, 1989,,2:OOPM. DEPA~'T~~E1~1T OF PUBLIC Y~ORKS CITY OF B~~KERSFIELD, CALIFORNIA 101 TRU;KTUN A~1ENtJE BAKERSFIELD, CALIFORNIA 93301 D6: 4100 GO:w~n DEPARTMENT OF PUBLIC WORKS . NOTICE TO CONTRACTORS SF~?~LED PROPOS~~I~S will be received by the City of Bakersfield at the Office of thePurchasing Officer, City Hall, 1501 Truxtun Avenue, Bakersfield, California, until 2:n0 o'clock P.M. on Aril 13, 1989 to be publicly opened and read ~diately thereafter, for the following work: INSTALLATION OF T]~'FIC SIG~~IAL SYSTEM ON EL PORTAL DRIVE AT MING ASE. . Plans and specifications, and forms of proposal, bonds, and contract, may be obtained at the office of the Purchasing Officer by posting a refundable deposit of zero dollars ~ $ 0.00 ~ for each complete set. Refund of deposit will be made provided the. plans and specifications are returned to the Purchasing Officer within ten (10~ days from date of bid opening and the documents are in reasonable good condition. No bid will be considered unless it is made on a proposal form furnished by the Purchasing Officer, which. appears herein ~diately following the sped- fications of the project, and is made in accordance with the provisions set forth under Section 2, "Proposal Requirements and Conditions" of the Standard . Specifications of the Department of Transportation, Business & Transportation Agency, State of California, under date of January, 198. Each bid must be accompanied by a proposal guarantee in accordance with the requirements Qf anti- cle 2-1.07 of the said Section 2 Qf the Standard Specifications. The. City of Bakersfield reserves the right toreject any. or all bids. Bids are required on the entire work described herein. Substitution of securities foremoneys retained to ensure performance shall be permitted pursuant to the provisions-and requirements of Gover~~nt Code 4590. The `eligible securities include interest bearing demand deposit accounts, standby letters of credit,"or any other security agreed to by the Contractor and. the -.City of Bakersfield. The request. for substitution of securities to be deposited shall be sl~bmtted on the form entitled "Escrow agreement for _Security Deposits in Lieu of Retention" included. in the :back of these special provisions. The Contractor must possessa valid.Class A or a Class.C-10 . Contractor's License at the time this contract is awarded. SPECIFICATIONS; The work embraced herein shall be done in accordance with-the .Standard pecfications of the Department of Transportation, Business and Transportation Agency, dated ~7anuary, 1988, insofar as the same may apply and in accordance with the foll~►ring provisions. D6: 41004.1 -1- GG:wrn ~+wvrwir va► mar ~swr~~ a.ar7a.r iii... v Vi♦ VViii i.liiiiiVi~• LaV{rV.►iLiVil i,ld ~.t.bLVVL~iM VV the provisions of Section. 8, 8-1.03, "Beginning of Work," Article 8-1.06, "Time of Completion" and Article 8-1.07, "Liquidated. Damages," of the Standard Specifications, and is specifically hereby made a part of these special provisions. The first paragraph of Section 8-1.03, "Beginning of Work,n 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 4~ 0 working days. Contract working. days will commence frcxn the date the Contractor begins work or the 15th calendar day from the date of the written notice to proceed, whichever comes first. The Contractor shall furnish the Engineer with a statement from . the vendor that the Qrder for the electrical materials required-for this contract has been received and accepted. by said vendor, and said statement shall be furn~ahed within fifteen ~ 15) calendar days tram the date- of the contract. Said statement shall shy 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 dime and will not b+e assessed with liquidated d~~mages or the cost of engineering and _nspection for .any portion of the delay in ~co~npletion of the work caused by manuf acturn~ time. The number of days extension shall be the working days between thedate as determined Caccording to Spscal Provisions Section 4-1,41 ar~d the date of receipt of al]. components as determined - by the Engineer. Upon receipt of alb. components, the Contractor shall notify the Engineer in writing (and. the Engineer will order start of work in wr ng. Full ccxnpensaton for conforming to the requirements ofabove paragraph shall be considered as included nthe prices paid for the various items of worl and no additional allowance will be made therefor. D6: 41004.E -2- G~:wrn CITY OF H~~,KERSFIELD, CALIFORNIA DEPARTMENT OF PUBLIC WORKS SEATION 1. PROPOSAL REQUII~~MENTS (a) G~~NE}~AL INFORMATION. .The Purchasing Officer of .the City of Bakersfield, California, will receive at her office, City Hall, in said City, until 2 o'clock P.M. on Aril 13, 1989 sealed proposals for T1~AFFIC SIC~IAL SYSTEM ON EL PORTAL DRIVE AT MING AVENUE (b} PROPOSAL FORM. All proposals must be made upon blank forms to be obtained from the Purchasing .Officer, the form of which appears herein immedi- ately following these specifications. All proposals must give the pr-ices pro- poaed, both in writing and figures, and must be signed by the bidder, with his address. If the proposal is made by an individual, his name and post office address must be shown. If made by a firm or partnership, the name and post.. office address of each member of the firm or partnership must be shown.. If made by a corporation, the proposal must show the names of the state under the laws of which the corporation was chartered and the names, titles, and busi- ness addresses of the president, secretary and .treasurer. (c) BIDDER'S GUAl~~1'I'EE. All bids shall be .presented under sealed cover and shall be acca~npanied by a certified check or bid bond made payable to the.City of Bakersfield, for an amount equal to at least ten :percent (10~ of the amount of said bid, and no bid shall be considered unless such certi-- fied check or bid bond. is enclosed therewith. ~(d} RET'URN OF BIDDER'S GU~IES. Within ,ten (10) days after the award ofthe. contract, the City of Bakersf.eld.will return the proposal guaranties accompanying such of .the proposals as are not to be considered in making the award. All other proposal guaranties will be held until-the con- tract has-been finally executed, after which they will be returned to the respective bidders whose proposals they accompany. (e) CON:I'RACT BOND6. Thee Contractor shall furnish two good and suffi- dent bonds. One of the said bonds shall guarantee the. faithful performance of the said contract by the Contractor and shall be in an amount equal to one hundred percent (1~00~) of -the contract price. The other of the said bonds shall be in an mount of fifty percent (50~) of the contract price and shah be furnished as re~u-iced. by the. terms of an .act entitled:.. "An act to secure the payment of the claims of persons employed by contractors upon public works, and the c~.aims of persons who furnish materials, supplies, teams, implements, or machinery used qr consumed by such .contractors in the performance of such works, and prescribing the duties of certain public officers with respect, .thereto," approved May 10, 1919, as amended. Forms of bonds required may be obtained at the office of the City Attorney. D6: 41004.3 -3- GG:wrn . ,Whenever any surety or sureties on any such bonds, or on an bonds • y. required by law for the protection of the claims of laborers and material men, become insufficient, or the Mayor has cause to believe that such suret or sure- Y ties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that on i- g Wally required, as is considered necessary, considering the extent of the work remaln~.ng to be done., Thereafter no payment shall be made upon. such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional-surety has been furnished. (f) RI~ECTION OF PROF~~~ALS o~~TAINING ALTI~RATIOI~S, ERASURES oR i~t~tEGULARITIES. Proposals may be rejected if they show any alterations of form, additions not called for., conditional or alternative bids, incomplete bids, era- sures or irregul..arities of any kind. Proposals in which the prices obviously. are unbalanced may be rejected. The right is reserved to reject any. and all proposals. (g } A1~~RD of CC~~CT. The award of the contract, i f i t be awarded will be to the lowest respansible bidder. .The language."responsible" refers to not only the attribute of trustworthiness, but also to the quality, fitness and capacity of the low, bidder to satisfactorily perform the work. The award of the contract will be made within forty-five (45~ da s after Y the opening of the proposals unless extension is approved by .the lowest respans lble ba.dder. {h) EXECUTION OF CAN'CRACT. The contract shall be signed by the successful bidder and returned, together with the contract bonds within ten (10~ . days., not including .Sundays., after the bidder has received notice that the contract. has been awarded. ~o proposal shall be considered bindin u n the g .City until the execution of the contract. All contracts shall be cons~.dered as being made and entered into in the City. of Bakersfield, California. Failure to execut-,e a contract and file acceptable bonds as rovided~ p herein within ten (10} days, not including Sundays, ofter the bidder has received notice that the contract has been awarded, shall. be just cause .for the cancellation of the award and the forfeiture of the proposal guaranty. (i~ ~INATIONS OF PLANS, SPECIFICATI0~1S, SPECIAL Pll~l'ISIOI~S- AND .SITE OF ARK. The-,.bidder is required to examine carefully the site. of, the . proposal,.. plans and specifications, and contract forms -for the worl~ _ . contemplated, and it will be assumed that thee.bidder has nvest ated and. is g satisfied as to the conditions to be encountered., as to the character, alit ~ Y~ and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, the special provisions, and the contract.. It smutually agreed that the submission of a proposal shall be :considered .prima facie evidence that the bidder has made., such examination. D6: 41004.4 -4- GG:wrn SECTION 2. SCOPE OF WORK (a} ARK T4 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 i~provements, as designated in the contract. (b } ALT~~RATIONS. By mutual consent in writing of the ;parties signa- tory to the contract, alterations or deviation, increases or decreases, addi-- tions or anasions, 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 order fr~n the Engineer. For such: extra. work ..the. contractor shall.,recei~e payment as pre'_ vious y 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- structon of the street or road, if and as required by the Engineer. The contractor shall remove and dispose of all trees .des%gnated by the Engineer as obstructions to the proper ccxn~aletion of the work. The removing and disposing of all obstructions to the: prosecution. of :the contract, unless~otherwse specified, shall be considered as included in the various items of contract .work and no additional compensation will be allowed therefor. (e } FINAL C]L~~Ai~IING UP. Upon completion and before making application 'for.-acceptance of the work, the-contractor shall clean the street or road, hor- row pits, anal all ground occupied: by him in connection with the work,, of all rubbish.'excessmaterals,...temporary structures, and equipment;-.and all parts of -the work-shall be left in a neat and presentable condition) D6: 41004.5 -5- GG:wrn sECTION 3. coNTRo~ OF TxE wow (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- niched and work performed, and as to the manner of performance and rate of pro- gress of the work.; all questions which arise as to .the interpretation of the plans and specifications; all. questions as to the acceptable fulfillment of the contract on the part of the contractor; and all questions as to claims and compensation. - The Engineer's decision shall be .final and he shall have executive authority to enforce and make effective such decisions and orders as the con- tractor fails to carry out promptly. (b~ PLAN5. All authorized alterations affecting the requirements and information given vn 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. ~lorking 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~iri writing by the Engineer. It is mutually agreed, however, that the approval by the Engineer of the contractor's working plan does nat relieve the contractor. of .any responsibility for accuracy of dimensions and detail, and that the contractor shall be respon- Bible for agreement and conformity of his working plans with-the approved plans and pecifcations. - (c~ CONFORMITY WITH PLAN$ AND ALLOWABLE DEVIATION. Finished surfaces in all cases shah. conform with the lines, grades, cross-s+ectons,~and dimen-- - sons~shown on the approved plans. Dev%ations fry the approved plans, as may be required by t~ exigencies of-construction will be determined in all cases by the Engineer and authorized in r~riting. (d~ COORDINATION OF PLANS, SPECIFICATIONS, AND SPECIAL PROVISIONS.- - These specifications, the plans,- special provisions, and all supplementary~docu- meats are-essental 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 CLANS AND SPECIFICATIONS. Should it appear than: the work to be done, or any matter relative thereto, is not sufficiently detailed or_explaned in these specifications, plans, and the special provision, the~contra~tor shall apply to the Engineer for.such.`further explanations as may be nece nary, and shall conform to such explanation or nterpretaton:.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. D6: 41004.b -b- GG:wrn In. the event of any discrepancy between any drawings and the figures written thereon, the figures shall be taken as correct. ~f} SUPERINTENDENCE. Whenever the contractor is not present on any part of the: work where it may be desired to give direction, orders will be given by the Engineer in writing, and :shall be received and obeyed by the superinten- dent or foreman in charge of the particular work in reference to which orders are. given. fig} LINES AND GRADES. All distances and measurements are given and will be made in a horizontal plane,. Grades are given from the top of stakes or nails, unless otherwise noted on the plans. T11ree consecutive points shown on the same. rate of slope must be used in common, in order to detect any variation~fr~n 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 fin~,shed work. The contractor shall give at 1,east ~4 hours notice in writing when he _ will require tie services of the Engineer for laying out any poztion of the - work. The..contractor shall .furnish the Engineer such facilities and abor, nec- essary for making and maintaining paints and lines, as he may require. Payment ...fore. laborfurnished by the Contractor. for such pur~?oses is considered as included in various items of work and: no additional compensation will be allowed therefor. The contxactor 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, A11 expenses incurred. in replacing takes that have been removed-without proper authority shall be..pad by the contractor. ~h} INSPECTION. The Engineer shall at all times have. access to the work during construction, and shall be furnished. with every reasonable facility for discertainng full knowledge respecting. the progress, workmanship and char- acter of materials used and employed in the work. Whenever, the contractor vanes the period during which work is carried - on.each day, he shall give due notice-to the Engineer, a that proper inspection may be provided: Any work. done in the. absence of the Engineer will be subject to re~ecti~n. The inspection of the work. shall not relieve the contractor o~.any of his obligations to fulfill the contract as prescribed. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding ths.fact that such defective wdrk and unsuitable materials. have been previously over- looked by the Engineer and accepted or estimated for payment. .Projects financed. in whole Qr in part with State funds hall be sukr- jest to inspection at all times by the Director of Public Works, or his agents. i } RENiovAL OF DEFECTIVE AND UNAUT~IORIZED WORK. A11 work which is defective in its construction or deficdent in any. of the requirements of these specifications shall be remedied, or removed and replaced by the contractor in an acceptable manner, and no compensation will be allowed for such correction. D6: 41004..7 GG;wrn .Any work done beyond the lines and grades, shown on the plans or estab-- lished by the:Engineer, or any extra work done without written authority, gill be considered as unauthorized and will not be paid for. . Uponfailure on the part of the contractor to comply forthwith with any order of the Engineer made under the provisions of this article, the Engineer shall have authority to cause defective work to be remedied, or removed .and replaced, and unauthorized work to be removed and to deduct the costs thereof from any monies due. or to became due the contractor... (j) FINAL INSPECTIt~1. Whenever the .work provided and contemplated by the contract shall have been satisfactorily coimpleted and the final cleaning up perf orrr~d, the Engineer will make final inspection. h SECTT~1 4. C~~L of MATERI~~LS (a} SAMPLES AND TESTS, At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before deliv- ery is started and before such material is used in the .work. Representative preliminarysa~ples of the-character .and quality prescribed shall be submitted by the contractor or producer of all materials to be used ~.n the work, for hest- ing or examination~as desired by the engineer. All- tests of materials furnished by the. contractor shall be made in accordance with corrnnonly recognized standards o~ national organizations, and such special methods-and tests as are prescribed in the specifications. ..The.. contractor shall .furnish such samples of materials as are_ requested by the~Engineer, without charge.: No material shall, be used until it has been, approved by the Engineer. Samples will beCsecured and tested whenever r+ecessa to determine the ry quality of material. (b} DEFECTIVE MATER~~S. All materials not conforming to the:. requrements:o~ these pecificatons shall be considered as defective, and all such materials, whether_n place or not, shall be rejected and shall be removed ~nedately from the site of the work unless otherwise permitted by he :.Engineer. No rejected material, the defects of which have been subsequently :corrected, hall be used until approved im writing by the Engineer. Upon -failure on the part of :..the contractor to ccxnply with any Qrder of the Engineer. made under the..provisions of tr~s article, the Engineer shall have authori y to remove and replace:- defective ~m,~te~rial and to deduct the. cost of removal and replacement from any monies due or to became due. the contractor. D6: 41004.8 -8- GG:wrn 5~►~lluv 5. L~C~AL I~;LAl'1C~1VS AND RESPUNSIBILITIES TO THE PUBLIC ~a) LAw5 TO BE OBSERVED. The contractor shall keep..himself full Y informed of .all. existing and future State and National laws .and all m~tna.cipal ordinances and regulations of the City of Bakersfield.. which in an manner .affect Y those engaged or employed in thework, or the m~aterlals used iri~the work, or which a.n any day of feet :the conduct , of the work., .and. of .all such orders and decrees of bodies or tribunals having any jurisdiction or authorit over-the Y same. ~ b~ HO~JRS OF LABOR.. The contractor shall forfeit, as penalt tb the Y City of Bakersf a.eld Ten Dollars ~ $10.00 ~ .for each .laborer, workman, or mechanic employed in the execution of the contract by him, or by an subcontractor under Y him,.. upon any of the. work .here nbef ore menta.oned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor in violation of the provisions of Section 1810- to Section 1815, inclusive, of the ..Labor Code. ~ c ~ The contractor shall ~ cc~nply with.: Section 6705 of the Labor Code whch.prowdes,.that.the contractor's responsibility shall be as follows: If the contract pr- ice- for the pr®ject . %ncludes ar~~ expenditure i.n excess of .twenty-five ,thousand dollars ~ $25-,-000) fore excavation of any trench or trenches five feet or more in depth, the .contractor or his subcontractor shall not begin any trench excavation unless a detailed plan, shawin he des n of . 9 g shor~.ng, bracing, s~.oping or other- provisions to be made for worker protection. during the;excavaton of the trench,°has been submitted.. by the contractor to the. City Engineer and: the detai~.ed plans has been approvedb the Cit En veer. Y Y g If such plan varies from the shoring system. standards established b Y the Construction Safety Orders of the Division of Industrial Safety,_the plane shall be prepared by a registered civil or structural engineer.. Nothing in this section shall. be deemed to allc~v he use of a shorin g sloping,: or protectz.ve system less effective than that required by the Construction Safety Orders of the Division of Industrial Safet Y Nothing in this section shall be construed to i.~npose tort liabilt on Y the awarding. body or any of its employees. The terms "public works" and "awarding as used in this ection, shall have the~san~.meaning,as in Labor Code Sections 1720 and 1722 respectivel Y D6: 41004.9 -9- GG:wrn td} 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 en~loyment because of race, creed, color, sex,. or national origin. The. Contractor will take affirma- five action to ensure that applicants are employed, and. that employees are treated during employment, without .regard to their race, creed, color, sex,. or national ori- gin. Such action shall. include, abut not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment .advertising; layoff , or ter- urination; rates of pay or other forms of compensation; and selection fortraining, including apprenticeship, The Contractor agrees to post in conspicuous places, available to employees and applicants for emplo~~ment, notices to be provided. setting forth the provisions of this non- discrimination .clause. (2} The Contractor will, in all solicitations or advertisements - for employees placed by or on behalf of the Contractor, state thatall qualified applicants will receive considers- tionfor:employment without regard to race, creed, color, sex, or national origin. _ . (3} The Contractor will send to-each labor .union, or repxesenta- tive of workers with v~hich he has a ..collect-ive bargaining agreement or ether contract or understanding,~a notice to . be provided advising the.Iabor union or workers' represen- tatve of the Contractor's cornmi.tments under Section 202 of Executive Order No. 11246 of September 24., 1965 and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4} The Contractor will comply with all provisions of Executive Order No. 11246 as amended b~ Executive Order 11375, and-of the rules, regulations,-and relevant orders of the Secretary of Labor. - -(e~) PREVAILING-w~GE.~~The Contractor shall, as a penalty to the City C of Bakersfield, forfe $ZSOO for each calendar dad or portion thereof, for ea~:h workman paid less than: the tipulated' prevailing rates- for such work. or crf~f t i~n which such workman ~s employed under this contract or by any subco_n- tractor under him, in violation of he provisions of Section 1770 to Section 170, inclus-ive., of the .Labor Code. The Contractor shall be responsible for its o~rn and subcontractors' compliance with the. requirement of Section 1776 of that Code. Copies of the prevai ing rate of per diem wages, for each craft, clas- sf ication or t of .workman needed to execute the contract, are on file in the office of the Director ~f Public works .and shall be made available to any nter- ested party on request. (f} APPRENTICES. All Contractors and Subcontractors shall. comply with the provisions of Labor Code Suction 1777..5 relating to the employment of apprentices. D6: 41004.10 -10- GG:wrn (g) REGISTRATION OF C0~~ITRACTORS. 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_andlawful prosecution of the work. (i) PATENTS, The Contractor. shall ass~ne all responsibilities aris- ing fry the use. of patented materials, equipment, devices, or. processes used on or incorporated in the work. (j) PUBLIC C~V~lENIENCE 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 ar 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~ternporary crossings shall be pravided..and maintained in good condition. Not more t~1an-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 suchfences:, ;barriers.., lights, aid signs as are necessary-go give adequate: warning to the -public at all times that. the improvement is undo the construction and of any . dangerou conditions to be encountered as a result ~thereaf , and he shall also erect and maintain, such. warnings and directional signs as may be_furnished b~ the City. ~ . Full compensation for conforming to the provisions of this Section 5 (j)~shal~. 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 ~,GE. The City of Bakersffield, the City . Counc 1, 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 darn~ge to . adjoining property caused by thee. negligence of Contractor or one of his subcori- tractors during the progress of the work.-at ariy time bsfore 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 far or on account of any injuries or damages sustained .or arising in the construction of the,work or in consequence thereof. D6: 41004.11 -11- GG:wrn (1) CONT'RACTOR'S RESPONSIBILITY FOR WORK. Except as provided above., ,until the formal acceptance. of the work by the City. Engineer, the Contractor shall .have the charge and care thereof and shall bear the risk of injury or damage to any part .thereof by the action of the elements or from any other cause, whether ari ingfrom 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 port ion - of the v~ork occasioned by and of the :above causes- bef orc final accep- tance and shall bear. the expense thereof , except such injuries or ~damagea occa- signed by acts of the Federal Gove~nt or the public enemy. (m~~ N0 PERS~IAL LIABILITY. Neither the City Council, the. Engineer, -nor .any .other officer or authorZed.assistance or agent shall be persona]ay responsible for any liability arising under ,the cont~act.~ (n~ RESPONSIBILITY OF CITY. The City of Bakersfield shall not be held responsible for the care or protection of ..any material or parts of the work prior to final acceptance, except. as expressly provided in these specif i.catons. D6: 41004.12 ~ -12- GG:wrn . SECTION ~.0 PR~JSECUTION AND PROGRESS Via) SUBLETTING AND ASSIG~~NT, The Contractor shall give his per- sonal attention to the fulf lln~ent of the contract and shall keep the work under his controll 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 ri a manner satisfactory to the City Engineer, the subcontractor shall ~be removed immediately on the requisition of the City Engineer and. shall not again be employed on the work. . (b) The Contractor .shall diligently prosecute the work to completion before the expiration of the permitted number. of workng,.days or calendar days as specified on Page 1 of this specification. (c) CH~~RACTER OF W~RIKMEN, If any subcontractor or person employed by the Contractor shall fail or reuse 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 shah not again be employed on the work..L _ ~.d) TlEMP4R~►RY SUSPENSION: OF WORK. The .Engineer shall have the authority to suspend the .work. wholly or in part,. for such period as he may deem necessary, due-to unsuitable weather., or to such other conditions as are consid- ered unfavorable for the suitable prosecution ofthe work, or for such time as he may deem necessary, due to the failure on the part of the Contractor to carry outorders given, or to. perform any:: provisions of the work. The Contractor shall immediately obey uch order of the Engineer and shall note resume the work until ordered in writing by the. Engineer. Vie) TIME OF COMPLETION, AND LIQUIDATED D~~?1AGES, It is ...agreed. by the parties to the contract .that in case all the:. work called for under. the contract. is not completed before or upon the expiration of` the; time limit as set forth in these specifications,:damage will be sustained by the City of Bakersfield, and that it is and :will be: impracticable to determine the actual damage which the City. will sustain in the event of ahd by reason of such delay, and it i there- fore agreed that the Contractor will pay to they City of 'Bakersf ield~- he sum of Tao Hundred Dollars ($2fl000 ).:`per day fdr each and .every calendar day's delay beyond the time prescri:d-,~to complete the work; and the " Contractor agrees to pay such liquidated damages, as herein provided, and ire case the same are not paid, agrees that the City of Bakersfield m,ay deduct the amount thereof f rc~n any ~~moneydue.or than may become due ..the Contractor under the contract. D6: 41004.13 -13- GG:wrn It is further agreed that in case the work called for under the con- tract is not finished and completed in all parts and requirements within the time„specified the City Council shall have the right to extend the time for cam- pletion or not, as may seem best to serve the interest of the City; and~if it decides to extend the time limit for the co~ppletion of the contract, it shall further have the right to charge to the Contractor, his heirs, assigns or sure- ties, and to deduct from the final payment for the work,. .all or any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence.,. and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, except that the .cost of final surveys and preparation of final estimate shall not be included in such charges. The Contractor shall not be assessed with liquidated damages nor the cost of engineering and inspection during any delay in the completion of the work loused 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 from the. beginning of any such .delay, ,notify the Engineer in writing of the causes of delay, who shall ascer- tain the facts and the extent of the delay, and his findings of the facts thereon shall be final and conclusive. t f ~ SUSPENSI~1 of CONTRACT. If at .any time in the opinion of - the City Council, the Contractor has failed to supply an adequate working force, or material of proper quality, or has failed in any other respect to. prosecute the work with the diligence and force specified and intended in .and by the terms of the .contract,. notice thereof in writing will be served upon him, and should he neglect or refine to provide means for a satisfactory compliance with the c©ntract, as directed by .the Engineer, within the time specified in such notice, the City Council in any such case shall.. have the . power to suspend-the. operation of the contract.. Upon receiving notice of such .suspension, the Contractor shall ,discontinue said work, or .such parts., of it as theeCity Council may designate. Upon such suspension, the Contractor's .control shall terminate, and. thereupon the City Council, or its duly authorized representative, may take possession of all or any part of the Contractor's materials, tools,..equpm~ent, and appliances upon the premises,. and use the same for he purpose.of completing said contract, and hire-suchforce and.. buy or rent such. additional machinery, tools, appliances and equipment, and buy such . additional materials and supplies at the. Contractor's expense as may-be necessary for the proper conduct of the work and for .the completion thereof,• or may employ .other parties to carry the contract to ampletion employ the neces- sary workmen, substitute other machinery. or materials,..and purchase the mater- ads 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 wily be liable therefor. In the event of such suspension, all-:money due the Contractor or retained, under the terms. of this contract shall. be forfeited to the City; but -such forfeiture will not .release the contractor or his.suretiesfrom liability. . or failure to fulfill. the contract.. The Contractor and his sureties will. be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operations of the contract and the completion of the work by the City as above provided,. and the Contractor will be so credited with any. surplus remaining after all just claims for such completion have been paid. D6s 41004,14 ~ -14- GG:wrn In the determination of the question whether there has been, any such non-compliance with he contract as to warrant the suspension or annul.n~ent thereof, the decision of the City Council shall be binding on all parties to the contract. ~ g ~ ~IC~T 0~` WAY. The right of way for the work to be constructed will be provided by the Cityo The. :Contractor shall make his awn arrangements, and pay all expenses for additional area required by him outside of the limits of night of way unless otherwise provided in the special Provisions. D6: _41004.15 -15- GG:wrn~ SECTION 7. ~UREMENT AND PAYMENT (a } E~.CRA AND FORCE ACC(~tJNT WORK. Extra work as hereinbefore defined, when ordered and accepted, shall be paid for under a written work order in accordance with the terms therein provided. Payment for extra work will be made at the unit price or lump sum previously agreed upon by the Contractor and the Engineer, or by force account. If the work is done on force account the Contractor shall. receive the actual cost of all material furnished by him as shown by his paid vouchers, plus fifteen percent (15~}, and for all equipment and teams that are necessary~he - shall receive the current prices in the locality, which shall have been previ-~ ously determined and agreed to in writing by the Engineer and by the Contractor, plus fifteen percent (15~} and for all labor that. is necessary he shall receive the current prices in the locality, plus twenty percent (20~} provided, however, that. the City reserves the right to furnish such materials required as it deems expedient, and the Contractor shall have no claim for profit on the cost of such, materials. The price paid for labor shall include all payments imposed by State - and Federal laws for all payments made to, or on behalf of , the workmen, other than actual wages. . All extra work and force account shall be adjusted daily upon. report sheets, prepared by the~Engineer, furnished to the Contractor and signed by both parties, which daily reports shall thereafter be considered the true record of - _ extra work or force account .work .done. (b} PROGRESS PAYMENTS. The Contractor shall, once in each month, ubmt for approval, an estimate in writing to the City Engineer of the total . amount of.work done by the Contractor, to the time of such estimate, and .the value thereof . The City of Bakersfield shall retain ten percent (10~ } of such estimated value of the work donee as part security for the fulfillrrient of the . contract by the Contractor, .and shall monthly,-pay to the Contractor, while carrying on ~ the work, the balance not retained, as aforesaid, ~f ter deducting - therefrom all previous payments and all sums to be kept ©r retained under the provisions of the contract. No such estimate or payment shall be required to be made,. when in he~judgrr~nt 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 est-ima a arnounts.to less than Three Hundred Dollars ($300.00}. ~c } FINAL PAYlKENT.. The City Engineer shall, after the completion of the contract, make a final estimate of the amount of work done thereunder, and the value- of such work, and the City of Bakersfield shall pay-the .entire sum so found to be due after deducting therefrom all previous payments and. all amounts to be kept and all amounts to be retained under-the provisions of the contract. All prior' partial estimates and payments shah be subject to correct-ion.. in the final estimate and payment. The final payment shall not be due-and payable. .until: the expiration of thirty (3Q} days from the•date the "NOTICE OF _ Ct3MPLETION" is recorded at the County Recorder's off ice. . It is mutually agreed between the parties to the contract that no cer- ofcate given or payments made under the contract, except the final certificate or final payment, shall be conclusive evidence of the performance of the contract, either wholly or in part, against any claim of the party of the first part, and no paymient shall be construed to be an acceptance of any defective work or improper materials. D6: 41004.16 -16- GG:wrn And the Contractor further agrees that the payment of the final amount due under, the contract, and the adjustment and payment for any work done in - accordance with any alterations of the same, shall release the City of Bakersfield, the City Council, and the Engineer from any and all claims or lia- bility on account of work performed under the contractor any alteration thereof. Cd} SIJS5TITUTION OF SECURITIES. Whenever herein provision is made for withholding or retention of moneys to ensure performance, substitution of~an equivalent amount tvalue) of~securities shall be permitted in accordance with the provisions and requirements of Cover~unent 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,: saner may apply, wh~.ch specifications .are hereinafter. referred to as the Standard Specifications, and in .accordance with the following special . provisions. Whenever-in the Standard.Specfications the following terme are-used, they shall be understood to mean and refer to the follov+ring: . Department of Transportation, CALTI~ANS -The Engne+erng,Department of .......the City of Bakersffield. Director of Public Works -City Engineer, -City -of Bakersfield. - Engineer -The City Engineer, acting either directly or through properly authorized agents., such agents acting ~rithn the scope of theparticular duties entrusted to them.. Laboratory The designated laboratory authorized by the .City of Bakersfield to-test materials and work involved in the contract. - State -The City of Bakersfield. .Other terms appearing in the Standard Specifications, the general provi-~.; signs, and the special provisions, shall have the - intent and meaning specified in Section 1, Def ini ion of Terms of he. Standard Specifications. In the.. event that any :portion o~ 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 shah. be used in lieu of such :conflicting portions of the Standard Specifications. . D6: 41004.17 -17- GG:wrn 5~L11U1V y. 11V5UKHl~i(:~ In addition to any other form of insurance or bonds required under the terms of the contract and specifications, the Contractor will be required to carry insurance of the following kinds and amounts: contractor's public liabil- ty insurance policy for property d~~age, personal injury and automobile liabil- ity (with an insurance ccxnpany licensed to do business in he State of ,California } in an amount not lese than FIVE HUNDRED THOUSAND DOLIG~~ZS ($500,,000) , combined single-limit coverage with a Z'W~ MILLION DQLLAR {$2,000,040,00) timbre la policy ~ (containing a drop dc~vri provision } or, in lieu thereof , a 2.5 MILLION DOL]~AR combined. single-limit policy. -The City of. Bakersfield, ~ its mayor, council, officers, agents and employees shall be reed as additional insureds under the policy which shall operate as pr-unary insurance. If any part of the work is sublet, similar nsurance_shah be provided by or in behalf of the subcontractors to-cover their operations. The insurance hereinbefore specified shall be carried until .all .work required to be performed under the terms. of the contract is satisfactoril corn- y pleted as evidenced by the formal acceptance by the Clty. The Contractor shall furnish the Finance :Department with one ~l} certif- icate copy of each of the executed policies or a certified Certificate of Insurance. The certification on such.pokes-shall guarantee that the polcy.wll not be amended, altered, modified, ar canceled in so far as thacoverage contem- plated hereunder is concerned, without-at least five (5} days' notice mailed by registered nail to the Finance' Department., City of 8akersf field, Bakersfield, California. The insurance herein required shall. be obtained by .thee successful bidder .and the certified copy of the policies or Certificate of Insurance furnished as herein provided, within the time ffixed herein for his execution of the contract. Full compensation for all premiums which the Contractor and the subcon- _ tractors are required to pay on all. the insurance described above shall beacon- . sdered as included in the,. prices paid for the various teas of work to be performed under the contract, and no additional allowance will be made therefor or for additional premiums which may be required by extension of the polices of insurance. D6: 41004.18 -18- CG:wrn SECTION 9. INSURANCE The Contractor shall save,. hold h~~rml.ess and indemnify the City, its officers, agents, employees and volunteers from all claims,. demands, damages, judgments, costs or expenses in law or equity that may at any time arise from or related to any work performed by the Contractor, his agents, employees or. subcontractors under the terms of this agreement. In addition to any other form of insurance or bond required under the terms of this agreement and specifications, the Contractor shall procure and maintain for the duration of this agreement the. following types and limits of insurance: Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property .damage and personal injury, with limits of not less than one million ~$1,000,000~ per occurrence; and General liability .insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not~less than one million ($1,000,000} per occurrence. workers' compensation with statutory limits and employer's liability insurance with limits of nod less than one million x$1,000,000} per accident. All policies required of the Contractor. hereunder shall. be primary insurance as respects the City, its mayor,. council, officers, agents.,- employees and volunteers :and any insurance or self-insurance 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 hred.autos. The liability policies shall provide contractual liability coverage for the terms of this agreen~nt. The liability policies shall contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, a to ees and ~ y ,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. D6: 41004.19 -19- GG:wrn All policies shall contain the following, endorsements: An endorsement providing the City with ten ~10~ days written notice of cancellation or material change in policy language or terms. 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 ali work required to be performed under the terms of this agreement is satisfactorily completed as evidenced by formal acceptance by the City. The Contractor shall furnish the City Risk Manager and the Public -Works Department with a certificate of insurance signed by an agent of the insurer evidencing the insurance required under this agreement. All. costs o~ insurance required under this agreement shall~be included i~ the Contractor's bid, and no additional allowance will be made for additional costs which may be required by extension of the insurance policies. D6: 41004.20 -20- GG:wrn SECTION 10. QUANTITIES The following preliminary estimate of the quantities of work to be done and materials to be furnished are approximate only, being given as a basis. for the comparison of,bids, and the City of Bakersfield does-not expressly or by implication agree that the actual amount of work wi11 correspond therewith, ~,it reserves the right to increase or .decrease the amount of any class or portion of ,the work or to omit portions of the work that may be deemed necessary or expedi- ent by the Engineer. ENGINEER'S ESTIMATE . ITEM QUANTITY UNIT DESCRIPTION 1. Lwmp Sum Traffic Signal and. Lighting System 2. 370 S.F. Remove Pavement Markings D6: 41004.21 -21- GG:wrn SECTION 11. MATERI~~LS The Contractor shall furnish, for use under these special provisions, all materials required to complete the attached c®ntract, except those materials provided by the City where specified in hese special provisions. SECTION 12. DESCRIPTION OF WORK The general description of work is as followse INSTALLATION OF TJl~1FFIC SIGNAL SYSTEM Said work is shaven and detailed on a plan entitled: ~FIC SIGNAL SYSTEM ON EL PO~:CAL DRIVE. AT MING AVIEfi~UE D6: 41Q04.22 -22- W ~~LLi SECTION 13. GENERAL PROVISIONS. ~a) PUBLiC SAFETY AND PRESERVATION OF PROPERTY. Attention is directed to Section 7 of the Standard Specifications. .The Contractor shall c 1 with the provisions of this section, except as otherw~.se directed by the Eng~,neer. Such provisions for public safety shall meet the minimum requirements and shall be subject to the approval of the City Engineer. Full compensation for complying with the requirements of this section shall be considered as included in the contract prices. paid for the various items of work and no additional compensation will be allowed therefor. fib) OBSTRUCTIONS. .Attention is directed to Section 8-1:,10, "Utility and Non-Highway. Facilities," of the Standard Specifications, the plans, and the special pr©visions. 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 impravemen~s that are to remain in place within the construction area or that~are to be relocated and .relocation operations have not been c leted. o In .accordance with the provisions of Section 7-1.11, "Preservation of Property," and 7-1.12, "Re ponsibility for Damage,." of the Standard Specifications, the Contractor will be liable to owners ~f 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 tho Contractor before. using equipr~ent that may damage :such facilities or interfere with the services. Other forces may be engaged in moving or removing utility acil ies 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: o the Contactor due~to utility relocation whither or not the utility is shown or correctly .located on the plans will not be compensated for as idle time. However, additional contract time co~nensurate with such delays- may be allowed. At locations where irrigation systems exist, the Engineer will direct the :Contractor as-to what steps :will be required to protect the irrigation s s- y 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 full rotected YP ..from damage or displacement and they shall .not be disturbed .unless directed by the Engineer. Attention is directed: to the fact. that nuisance water ma be resent at Y p all times:alongthe 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 conformin to • ~ ~ ~ g, „the requirements of tha.s.article shall be considered as Included In the prices paid for the various items of work and no additional c nsation will be made therefor, . ~ D6: 41004.23 -23- GG:wrn (c) O~MISSZONS IN SPECIFICP~TIONS AND. DR~idINGS.. Any materials or work mentioned in the specifications and not shown on the drawings or sham on the drawings and not mentioned in the specifications shall be of the s~: effect as if shown or mentioned in both.. Omissions fra~m the drawings or the specifications of the materials or details of work which are manifestly or obviously necessary to carryout 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 Knitted materials or performing such omitted work; }mot shall be furnished or performed as if fully shown or described in the drawings or specifications. (d } M~~TE~I~~LS. t~henever any material is specified by ,name and rnamber thereof, Such specifications shall be deemed to be used -for the purpose of faci- litating description of the materials and establishing quality, and shall be .deemed and construed to be followed by,the words "or approved equal". No sub- stituton will be permitted other t~lan as described herein unless authorized by the Engineer before the bids are opened. All materials shall be new and the best oftheir class and.. kind. {e } AlD~7UST1!+~NT OF C~V'ERAEAD COSTS. The prov ions. of Section 9~-1.08 of . the.Standard Specifications shall not apply to final cost of this contract and no final adjustment for overhead costs will be made, (f~ DUST CONI~OL. It-shall be the Contractor's responsibilit to re- . y p vent a dust nuisance fret orlglnatng from the. site of the work as a result of his operations-durngthe effective period.. of this contract. Preventative mess_ uses to be taken by the Contractor shall include but shall not be limited to the . following: 1. Water shall; be applied to all unpaved areas as required to prevent the surface from .becoming,-dry enough. to permit dust formation. 2. Paved surfaces: over which .vehicular traffic is permitted to travel shall be -kept .free of dirt. Temporary suspension of the work, either as a result of order by the Engineer, or as a result of conditions beyond the control of the Contractor. . shall not relieve the Contractor from his responsibility for dust control as set . forth herein. Full compensation for ,conforming to the requirements of. this.. article shall be considered as included in theprices paid for the various contract items of work and no additional compensation will be allowed therefor. (9:} ~tATERIII~IG. Furnishing and applying water shall conform to the ro-- . p 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. D6: 41004.24 -24- GG:wrn Vii) ALTERATIONS IN QUANTITY OF WnRK. The provisions of Section 4-1.03B, 4-1.03B~1), and 4-1.03B~2), of the Standard Specifications relative to increases or decreases in the quantity of contract item of work when no change in the character of the work is involved shall not apply to ,any contract item of work in this proposal and the City reserves the right to increase or decrease the quantity of any item or portion of work as may be deemed necessary or in the best interest of the City.. tj) WORK IN CITY STREETS. All of the work shown on the plans and included in these specifications that is located in the public streets ire-the City of Bakersfield shall be done in accordance with City Ordinances re Latin 0 9u g the use of public streets within the City, except as otherwise provided herein. The Contractor shall inform half as to all regulations and require- meets of the City-Engineer-and Superintendent of Streets-of the City of Bakersfield and shall conduct his operations in compliance therewith. ~k) PERMITS.AND LICENSES. The Contractor shall procure all permits and licenses, pay all charges and fees and give all notices necessary and inci- dental to the due and lawful prosecution of the :work. ~ 1 } MAIN'T'AINING T]EtAF'FIC. Attention is directed to ;Sections 7-1.08, "Public Convenience," and 7-1.09 "Public Safety," of the Standard. Specifications. The Contractor shall comply with the-provisions of these sections and these special provisions. . The Contractor shall furnish, install and maintain signs,-lights, flags and other warning and safety devices when performing work which interferes with or endangers,. the safe movement of traffic on any street or highway. Signs lights, flags and other warning and safety devices and their use shall conform.. to the requirements set forth 1n the current "Manual of Traffic Controls -Warning Signs, Lights, and Devices fore Jse in Perfo~n~ance 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. Thee Contractor shall keep thee.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 8:3:0 A.M. and offer 4:00 P.M. on weekdays, and when construction operations are not acti- vely in progress. Designated legal. holidays are: January lst, 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 adesignated-legal holiday falls on a Sunday., the following Monday shall be .a designated legal holiday:. When November 11th falls on a Saturday, the preceding-.Friday shall be a designated legal holiday. D6: 41004.25 -25- GG:wrn .Personal vehicles`of the Contractor's employees shall not be parked on the roadway at-any time, including any section closed to public traffic. . 'When entering or leaving roadways carrying public traffic, the Contractor's equipment, :whether empty or loaded, shall in all-cases yield to public traffic. The provisions in this section may, be modified or altered if, in the opinion of the Engineer, public traffic will be better sewed and work.exile- dited. Said modifications or alterations shall not be adopted until approved in writing by the Engineer, The prices paid for the various contract items of work shall be con- sidered as full cc~npensation for complying with the provisions of this Section 13(k) Maintaining Traffic, and no additional payment will be made therefor. (m) ORDER OF i~RK. order of work shall conform to the provisions in .Section 5~1.Q5, "order of Work," of the Standard Specifications and these spe- cial provisions. All striping removal shall be completed a minimum of 2.days prior to signal being placed into operation. When initially installed,: all vehicle and pedestrian signal faces shall be aided and covered with cardboard or other material with an observation hole (max. 1" dia.) in front of each signal. indication. The covers shall remain in place until all signal operations have been checked ..and si al is laced into ~ p operation.. . Prior -to corrn~encement of the. traf f is signal functional ,tests.., all items of work related to the signal control shall be-completed and all si s 9~ s 11 be i~ place. gin} COaPERATIQNS. The contractors shall cooperate fully with the ,other Contractors performing work on the site. It is not anticipated that the work to be done by others will serf- . ously delay he Contractor's c~npletion of the work. However, if such work does result in extraordinary delay, the. Contractor may eek relief from liquidated- damages as set forth in the fourth paragraph of Article ~ Vie) of these Special Provsions._ Full compensation, for complying with; the requirements of thi Article 13 (m} shall be considered as~included in the prices paid for thevarioc,~s con tract items of work and no additional alhwance will be made therefor. D6: 41004.26 -26- GG:wrn .SECTION 14. SPECIAL PROViSIONS~ (a} MAINTAINING TRAFFIC. Attention is .directed to Sections 7-1.08, "Public Convenience," 7-1.09, "Public Safety," and 12, "Construction Area Traffic Control Devices," of the Standard Specifications and these special pro- visions. Nothing in these special.. provisions shall be construed as relieving the Contractor from his responsibility as provided in said Section 7-~I.09. The-sixteenth and nineteenth paragraphs of. Section.?-1.08, "Public Convenience," of ,the Standard Specifications, shall be amended to read as follows: Construction operations shall, be actively in .progress only, between the hour of 8:30 a.m.-and 4:00 p.m.,.Monday through Friday. Where construction operations are actively in progress, a mininau~ of one traffs lane, not less than twelve ,feet in width, shall be open for - use, by public traffic. .Where construction operations are not actively in progress,. not less thane two such lanes shall..be open for use by public traffic; Public traffic may b~ permitted. to use- the shoulders and, if half-width construction methods are used, may. also be permitted to use: the side of the roadbed opposite to the. one under construction. No additional compensation will be allowed for any shaping of shoulders necessary for the acca~n~dation of public traff is thereon during paving operations, In order to expedite the passage of public traffic through or around the work. and where ordered the engineer, the contractor shall, at his own expense, furnish,.. install and maintain construction area .signs, lights, flares, temporary railing E~ K}, barricades, and other facilities for the sole convenience and direction of public traffic., Also, where.. directed by the; Engineer,: the Contractor shall a furbish competent if lagmen whose sole duties shall consist of d%recting fhe 'movement of public traffic through or around the work.: When deemed necessary by the City, the signs "Road Constructon.Ahead," No. C-18, and."end Canstructio~" No. C-13, shall be furnished,: installed and maintained by the-Contractor at locations as directed by -the Engineer at least 48 .hours in advance.. of any construction. Whenever traffic lanes are to be closed.. to public traffic, thee. Contractor shall close lanes as shown in the current Manual-of Traffic Controls and as directed by the Engineer. The first paragraph in section 12-2.02, "Flagging Costs," of .the Standard, Specifications, is amended to read: . _ The post of furnishing all flagmen, including- tra~spQrting flagmen, to provide for passage of public traffic through the work under the pro-- visions in Section 7-1.08, "Public Conwenience," and 7-1.09, "Public Safety," will be borne by the Contractor. The costs. of placing and moving flagging signs and the cast of providing: stands or towers for use of f laden. shall. be considered as part of the cost of furnishing .flagmen. D6:, 41004.27 -27- GG:wrn The fourth paragraph in Section 12-3.04, "Portable Delineators," of the Standard Specifications is amended to read: A minimum of two reflective bands.,. each not. leas than 3 inches wide, shall be mounted at least 1-1/2 inches apart and at a height on the post so that one reflective band will be between 2.5 feet and 3 f eet .above the roadway surface.. The second paragraph in. Section 12-3.06, "Construction Area Signs, of the Standard Specifications, is amended to read: Construction area signs shall be .installed as designated in the spe- dial.provis-ionsas directed by the Engineer. At locations where :public traffic is being routed over a surface upon which a seal coat is to be applied, the seal coat shall not be applied to more than one-half the width of the traveled way at a time, and the remaining width shall be kept free of obstructions- and open for use by :.public traf f is until. the seal coat first applied- is ready for user by traffic. At the direction of the Engineer, or at Contractor's option, sand-:may be spread over newly applied seal coat surfaces.. The Contractor shall keep the Bakersfield- Fire ~ Department informed at all times•as to he exact location and progress::.of the :work and shall notify . them ~dately of any streets impassable for faire fighting equipment. -The full width of the traveled way shall be open for use by public traffic on Saturdays, Sundays;and.desi~nated legal holidays, before 83~ A.M. and after 4fl0 P.M. on weekdays, and when construction operations are not act- vely in progress. Designated .legal holidays are: January lst, the third Monday ire February, the last Monday in May, July 4th, the first Monday in September, November l~lth, Thanksgiving Day, and December 5th. When a designated legal holdayfalls on a Sunday, the following Monday shall be a designated legal holiday.- - . .When November 11th falls. on a Saturday, the preceding Friday shall be a designated -legal holiday. ,Personal vehicles of the Contractor's. employees shall not be parked on the roadway:: at any time, including any section closed to public traffic. When entering or leaving roadways carrying public raffc, the: Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. The provisions in t~11S section nay be modified or altered if, in the -opinion of the Engineer,. public traffic will be better served and work :exile- dted. Said modifications o~ alterations shall not be adopted until approved in writing by the Engineer. D6: 41004,28 -28- GG:wrn 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 traffic cohtrol as set forth hereih. Full. compensation for conforming to the requirements of this article shall be considered as included in the pries paid for various items of work. and no additional allowance will be made therefor. (b} EXISTING HIGHU~Y FACILITIES. The work performed in connection with various existing ..facilities shall conform ~to the provisions in Section 15, "Existing Highway Facilities," of the Standard-Specifications and these especial provisions.... Existing City .highway signs and .street markers shall re:r~ain the prop- erty of the. City of Bakersfield. Such signs and street markers shall. be relo° rated aid maintained during construction so as to convey the same intent that existed prior to construction. Existing City highway sighs and. street markers shal-1 be placed ih - their permanent position. by the Contractor's forces prior to co9m~aletion of - construction. Signs removed..fram the: project area shall be delfivered o the city Corporation Yard at, 4101 Truxtun Avenue. Full compensation for. conforming to the requirements of the two pre- - ceeding paragraphs-shal be cons%dered as included in he prices paid for the various items of work ar~d no additional allowance will be made therefor. D6: 410.04.29 -29- GG:wrn {c) PARTaCIPA~I0~1 B~ FOREIGN OoN'PRAC"~O~S AND SUBC'o~i'RACT~QRS.. The Department will not consider for award any; bid proposals. submitted by any . Contractor,. ar~d will not consent to subletting any portions of the contract to any Subcontractor of a f ore ign country during ar~y .period in which such foreign country is listed by the United: States Trade Representative as discriminating against US. 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 follcxving 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 foreign country: or is controlled directly or indirectly. by citizens or nationals of a foreign country, shall be considered to be a Contractor or Subcontractor of such foreign country.. The . terms "Contractor" and "Subcor~tradtor~" also include any partner: in a joint venture. - 2. Any product, of which fifty percent ~ 50$ } or more of its cost is attr i~table to production or manufacturing in a f ors ign county-y, shall be considered o be a product of such foreign country. D6: 41004.30 ~ -30- GG;wrn SECTIQN 15. SPECIAL PRoVISI0N5 - TJ~AFFIC SIQV~~LS AND STREET LIC~iTING Via} DESCRIPTION, Furnshing,•.installing and modifying traffic sig- nals and highway lighting-and payment therefor shall conform.. to the. previsions in Section 86, "Signals and. Lighting", of the Standard Specifications and :these special provisions. . - Traffic signal work is to be performed at the following locations: EL PORTAL DRIVE AT MING AVJENUE fib} R]VING AND REPLACING IMPROVEMENTS. Removing and replaying ..improvements shall. conform to the provisions in~Section 86-2.Q2, "Removing and Replacing Improvements, " of _ the Standard. Specif cations and these special _ provlslons, tc) FOUNI~TIONS. ~ Foundations shall conform to the provisions in .Section 86-2.03, "Foundations," of the Standard-Specfications and these special - provisions. The Contractor shall furnish the anchor bolts, nuts and washers to be used for -new foundations and shall :furnish the appropriate. nuts and washers for existing- f~ndatons to ~be reused....... Portland Cement concrete.. shall conform to Section g0-10, "Minor Concrete,," of the Standard Specifications and shall contain not less ttlan 470 - pounds. of cement per cubic yard, except fQr pile-foundations. hall contain not .less t~~an 564 pounds ~ of cement per cubic yard. ' (d) CONDUIT.. Conduaa shall..eonforM to the provisions in Section: 86-2.05, "Conduit," of the Standard Specifications and these .special provisions. Insulated bonding bushings will Ue required on petal conduit. (e~ PULL BOXES. Pull boxes shall conform to the provisions in Section 86-2,.06, "Pull Boxes,," of the Standard Specifications and: these: special provisions. Recesses for suspension of~ballasts.wll not be required. D6 41004.31 -31- GG:wrn C~x~DUCTORS ~1D 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. CONDUC'1bRS -The Contractor shall use multi-conductor electrical cables Type IMSA 19-1} for all circuits except between the service switch and controller cabinet. .only moulti-conductor cable conforming to the follo~ring shall be used: 5 Conductor cable consisting of 5 No. 14 conductors colored l each red, yellow, brown,-white and black. 9 Conductor cable consisting of 1 No. 12 conductor colored white. and 8 No. 14 conductors colored 1 each..red, yellow, brown, black, red black stripe yellow black stripe, brown/blacl~ stripe and white black stripe. 28 Conductor cable consisting of 1 Na. 14 conductor colored white and 2?_No. 14 conductors colored as .,indicated in the following conductor table for a single ring operation. - CI~~tJCTOR TABLE Insulation Colors Signal Phase Circuit or Function Base Sari 2 & 6 Reed, Ye law, Browne Black Vehicle 4 & 8 ~,ed, Yellow, Brown _ orange Signals 1 & 5 Red, Yella~w► Brown Silver: 3 & 7 Red; Yella~w, Brc~vn le ~p & 6p Red, Brown 2 Black Pedestrian 4p & 8p Red, Brown 2 Orange .Signals lp & 5p _ ~,ed, Brown 2 Silver 3 & 7 Red, Brown 2 le 2p & 6p .Blue - - ~ Black Pedestrian 4p & 8p Blue.. Orange Push Buttons lp ~ 5p Blue Silver 3 & 7 :Blue - le Pedestrian Push Buttons White . Mack Canon Si al White None Railroad Pre-e ton Black Red S are Black None The cable sheath shall. be polyethylene and the conductor. insulation shall be ~~pe T~~+VN polyvinyl chloride. Subparagraphs 1, 2, 4 and 5 of the first paragraph of Section 86-2,09D, "Splicing," of the Standard Specifications are deleted. D6: 41Q04.32 -32- GG:wrn Conductors. shall be spliced by the .use. of "C" shaped compression connectors as shown on Standard Plan ES 13. Splices shall be insulated by "Method B." , fig) BONDING-AND Gll1D~N~. Bonding. and grounding shall conform to the provisions in section 86-2.10."Bonding and Grounding," of the Standard Specifications and these special provisions. shy 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 con~alete service connections to service points shown on the plans and will-pay all. required costs and fees-.required by the utility. O TESTING. Testing shallconform to the provisions in .Section 86-2.14, "Testing," of the Standard Specifications and these special provisions. The si nal shall note be laced in flashin mode with si al faces g P g , gn uncovered, prior to the Functional Test... . E j ~ SIGNAL .FACES AND ~IGt~AL Ham. Signal faces, -signal -heads and auxiliary equipment, as shown on .the. plans., and the installation thereof,. shall.. conform to the provisions in Section 86-4.41, "Vehicle Signal Faces,." 86-4.02,. "Directional Louvers," 86-4.43, "Backplates":and 86-4.06, "Signal Mounting Assemblies," of the Standard Specifications and these special provisions. Housing, visors, directional lowers and backplates shall not be structural plastic. Al.l lamps for tra~f is .signal units .shall be furnished by the Contractor. :.All signal faces shall be provided with. l2-inch sections. (k} PEDESTRaAN $IC~vALS. Pedestrian ignals shall conform to the provisions in Section 86-4.05, "Pedestrian Signal Faces," of the Standard Specifications and these special provisions. Pedestrian signals shah. be '~~pe C, and shall have-energy efficient heads equivalent to Indicator Controls...Corporation Model 4094. t1) LUMINAIRES. Luminaires shall conform to the provisions in Section 86-d.01, "High Intensity--Discharge Luminaires," of the Standard Specifications and these special provisions: Luminaires shall be furnished with 240-watt high pressure sodium lamps and integral ballasts, gym) PHO'POELEC'I'RIC CON'OLS: Photoelectric controls shall conform to the,. provisions in Section 86-6.07, "Photoelectric Controls", of the Standard Specifications and these special provisions. .Each luminaire shall be provided with a T~~pe IV photoelectrical . control. D6: 4104.33 -33- GG:wrn fin) COILLERS, CABINI~'S AND AUXILIARY EQUIP~!~ENT~ The City will furnish the .controller and cabinet assembly for each location. ~o) DETECTbRS, Detectors shall conform to the provisions in `Section 86-5., "Detectors," of the Standard Specifications and. these. special provisions. Location and layout of detector-loops shall be as directed b~ the.Engineer. INSTALLATION DETAILS: Installation and tests shall conform to the details and notes sho~vn on the plans. Slots cut. in the pavement. shall be blow out and dried before installing inductive loop detectors. After conductors-are installed in slots:. cut in_the pavement, the slots shall be flledwith 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 f rant the adjacent road surfaces without the use of solvents. . In lieu of the epoxy sealant specified above, slots may be ffilledwth either of the following materials:... . 1. An elastomerc sealant conforming to the. followings The .sealant shall be a polyurethane, .material of a ccn~poston that- wll,. within its stated shelf life, cure only in the presence of moisture.. Sealant shall be suitable for use in both asphalt concrete and Portland cement concrete..: The cured .sealant shall have the following performance characteristics: ~9 :Measuring Standard... Pro- rt and Results _ And Conditions Hardness ~indentat-ion) - 65-85 ASTM D 2244 Res. ~ A, Model 1,700 77° F. X25°'C.) 50~ relative humidity. Tensile strength--- 500 psi, min. ASTM D. 412 Die C pulled at 20 IPM. Elongation - 4~0~, mnimu~n ASTM D 412 Die C pulled at 20 IPM. Flex at 40° F - r~o cracks 25 mil Free Film. Bend. 4180°) .over 1/~" . Mandrel. Weathering Resistance Slight ASTM D 822lWeatherometer 350 Hrs. Chalking :Cured 7 days at 77° F. (25° C.) 50~ relative humidity. D6: 41004.34 -34- GG:wrn Salt Spray Resistance - 500 psi, ASTM B 11.7.28 da~rs at 100° F, {38° C.~ mni~aum Tensile; 400, minimum , 5$ NaCl, Die C, pulled at 20 IPNI. elongation Dielectric Constant -Less than ASTM D 150. 25~ changer 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 purl box in combinat-ion of series and parallel so that optinnum sensitivity is obtained at the sensor unit. Final splices between loops and lead-in cable. shall not be made until the operation of the loops under ,actual traffic conditions is approved by the..Engineer,. All loop .conductors for each direction of travel, foz the same phase of a traffic signal:.system, in the same pulp 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 contpoller cabinet. Splices to the: cable shall be made in pull boxes only... All loop .conductors. far gaffs counters shall terminate in a pulp 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 ~dentifed and banded, in pairs, by lane, i~n the pull box adjacent to the. loops and near the termination of the conductors in the controller ` or traffic count station cabinet. Bands shall conform to the provisions in Section 86-2.09, "Wiring..." Identification of each: conductor ..pair; shall ,consist of labs ng the phase:.-and detector slot number {e,g. - 6J2L.( 8J8U, 3L5U etc. in permanent ink on a tag suitable for such purposes {Stuart Electric Ty Rap, Catalog No TY5532 or approved equal. If asphalt -concrete urf acing is to be placed, the loop detector :conductors (shall be ;installed prior to placing the uppermost layer of asphalt compacted concrete. The conductors shall be Instal-led, as shown on the Tans, in the p .layer-of asphalt concrete immediately beldw`the upperm©st 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,` Loop detector lead in cables shall conform to the provisions in Section 86-51O1A {4~,:"Constructon Materials," of the Standard specifications and these . :special provision. Loop detector lead-in cables shall be T!;rpe A as follows: ~ A lead-in cable shall consist of 2 loo. 12 solid copper conductors with each conductor insulated ,with 30 mils minimum, at any point, .high molecular weight, heat-stabilized, colored polyethylene, conforming to the requirements of D6;.41004.35 -35- GG;wrn ASTM Designation: D 1248, T!~pe I, Class B,,Grade...4. The conductors shall be twisted together with at least 2 turns per foot. Nonhygroscopic fi lers shall be used to form a f irm~ compact cylindrical core, Anon-hygroscopic core tape shill be applied spirally over the core. The cable shall be provided with an outer jacket consisting o~ extruded, black, polyvinyl chloride conforming to ASTM Designation. D 1047. Thecable shall conform to the International Municipal Signal Association's Specification: 19-1. t p) PAY~!~,NT. 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. tq) FCJNNG'TION Tl ~STi~TG: All function. test shall. be according to Section 86-2.14 C of Standard Specification and following paragraph: nFunctional test. period is included in the number of working days to complete the project" as described in PROGRESS OF'THE W~RR AND TIME FOR COMPLETION-of this specification. . .SECTION 16. SPECIAL PROVISIONS -SIGNS a) STIE~ET SIG~T~. Street name signs shall conform to the provisions in Section 56-2, "Roadside Signs," of the Standard Specifications and these special provisions. Sign panels will be furnished and installed by the pity. Malt--arm hangers-.will be furnished and installed by he city. Street Nave Signs will be installed by mast-arm (hanger .methods;. such as Hawkins M10J Series~swnging sign bracket, with return spring removed, or acceptable;..equal. fib) RoAD6IDE SIG~1S -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, . SECTION 17. SPECIAL PROVISTUNS - GU1~~~NTEE F`OR TI~AFFC SIG~~AL AND STREST LIGHTING SYSTEMS, (a) GU~IRANTEE. The Contractor shall furnish a written guarantee to the City on the form attached, ,guaranteeing all systems, except traffic sa.gnal lamps,. installed 'under this contract for a period of one ~ 1) year from the date of .acceptance of the work.. The guarantee, properly executed, shall be filed D6: 41004.36 --36- GGwrn with the City before. notice of completion and. f final acceptance is made by the City of the .work. described on the plans and these special provisions. Q b ~ PAYI!~ENT. The. lump sum prices .paid for installation. of traffic signal and street lighting systems shall include full cc~rpensation for furnish-~ ng the guarantee as required in this section. SECTION, 18. SPECIAL PROVISIONS -Remove Traffic Stripes and Pavement Markings ~ . a) REMOVE TJ~AF'FIC STRIPES AND PAVIEMENT I~~RKINGS. Traffic stripes and paven~nt markings to be removed will be as shown on plans and as designated by . the Engineer. ' Traffic stripes and pavement markings shall be removed to the fullest extent possible from the pavement by any method that does not materially damage the surf ace - or texture of the pavement or surf acing.. Where blast cleaning is used for the removal of painted traffis stapes and pavement markings, the area -shall be shielded so that no material from he 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 gaff is stripes and markings shall be removed as the work progresses. Accumulations of sand or other. material. which might interfere with. drainage or might constitute a hazard to traffic will not be perorated. - ;Traffic stripes shall be removed before any change is made in the- traf f is pattern. Blast cleaning for. removal of traffic stripes shall be feathered out to irregular and varying widths. Pavement markings shall be removed by blast .cleaning a rectangular area.,- rather than just lettering or markings, 'so the old 5 message cannot be identified. . After removal of traffic stripes and pavement markings, a f og seal coat shall be applied in conformance with the provisions in Section 37, "Bituminous Seals," of the Standard Specifications and theefollowng.: _ In traffic strperemoval areas, the fog seal coat shall be applied over the traffic stripe removal area :and-to irregular and .varying widths wth.an average width of 2 feet on each side of the blast cleaned traf f i.c stripe removal area. In pavement :marking removal areas the .fog seal coat shall•be applied to the :blast cleaned rectangular area. Full compensation far. furnishing and applying fog seal coat as spec- fled 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 Contractorfro~n his responsibilities as provided in Section,?-1.09, nPublic.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. D6: 41004.37 -37- GG:wrn Pavement delineation shall be replaced by ten~parary delineation before opening, the traveled way to public traffic. Temporary delineation shall consist of reflective traffic line tape applied in pieces -not less t~~an 4 inches Tong nor less tzlan 4 inches wide spaced no more t~ian 10 feet .apart on c~~rve nor more than 20 feet apart on tangents. Reflective traffic line tape, shall;hee applied in accordance wthlthe manufacturers instructions. Temporary delineation shall be the same color as the permanent delineation. Full compenaation.for temporary de ineation•shall be considered as inc uded in the prices paid for the contract items of work that obliterated the existing delineation and no separate payment will be ~ made therefor. Pavement delineation removal shall be coordinated with. temporary Jelin- eation so that lane lines are provided. at all times .on traveled ways open to . public traffic. c) MhASt~I~~MENT AND PAY~!~LENT. Quantities of traffic stripe removed will be determined by .the :width of the stripe plus 0. ~7-foot multiplied by the length of the stripe. T'he 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. rectangle measured in square feet.. Removing of traffic stripes will be paid for at the contract unit price per: square foot for the actual :.area of authorized stripe removal. The contract unit price per square foot shall. include full compensation for furnishing all labor, materials, tools, equipment, signs and for doing all - work necessary.:for removing.:exsting striping a~ shown on plan and, as directed by the Engineer. D6: 41004.38 -38- GG:wrn ~ ?vcvr~ship f SeC fio~ f a lroac~ or Property. Line . . ~1 1 eves - h'ighf of Way Cirrc Wall . _ Pro'ee~ Cen~`erline f - 9 qe o f Pa yemcr~f ` ~le~ e 9 x---x x-----x Fence ~ safe De~duou5 Trtc . - Guard /fai/ ~verq~een Tree l~dn u~e~f future W - Wa~`cr L 1~e 5erv ce F'o% G - - Cas Line : Pocuer ~b~c d Oi / Lire 0 W. M. ln/dter ~lefcr' 8 T _ ~ Bury e~! Telepha~e Cable ~ -111I. V. 1►✓ater /awe . 8 p....._ _ ~8ur~~a' /°ocver Cale ~ F H, ~ arc N a~ran~` y S Sewer L ire D G. M. Gas ~e to r 0 4 Aerial ~ Wire t9 G. V. Ga 5 I /~/~e ~ ` A~:ral Cable _ ~ ~ M. H. ylanho% C~'xisr~>'~ ) - - - ~ Pole ,4nehor ~ 0 M. H. ~Iar~ho% ~Fu~ure Ufili f ~/e Te/e hone fore p ~ ~'Ioncrrrren~` ~~x~s fi' t S Free t C i ht n9 ~ q RECORDED 13~..._. ~ ~ 1 I V i~' . 8 ~1 ~ ~ ~ ~`G OAT'E ~l~/ „8o r IN 800K______._.J1T PAGR,_...... CALL F'ORNiA DRJIWN ~ L. /t• OFFICIAL RECORDS O}~ ~ ~r.,...... FN[;INF~RINf: 1"~e'!~N e+rur_ wrr •-07 .....'Moo .w I CHECKED ALTERNATE. LOCATION TO BE TYPE B.S.S. USED WMEN THE SlDEiNALK ~ 2" GAI.VANiZED PIPE. EXTENDS FROM THE CURB AS PER AMERICAN FENCE CO. TO THE PROPERTY LINE, PARTICULARLY !N COMMERCIAL w AREAS.. t~ ~ M® ~r o o 1 i~ ~ 2 ~a,~ ~ _ ~a . • ••a . • ~ c~ 1 ~ O ~ ~ ~ i - ~ ~ III ° ; 8 . "MIN. ii,l L~.~ CLASS "8'' P C.C. • • si M~S~ELLANEOUS ~N TA DE 1L RECORDED 10---- FIELD DATE I~l~~~~.7 C1TY~ CAF" ~3AKERS IN 800K_~...-.AT ~AG~ ~✓AL~ ~ORN I ~ ORAWN G.~= . G. OFFICIAL RECDRD~ OF KeRN couNr~r; c~~.~FORNi~ ENGINEERING DEPARTMENT cHErKEC,S. L.. PROPOSAL- FQR . ( TI~AFFIC~ SIC~~L: SYSTEM CST EL PORTAL DRIVE` AT MINE AV!E~zUE To the Gty Clerk of the City af: Bakersf field The undersigned,: as bdderf declares:..that.the only psrsons or ~rties Ynterested In this proposal. as principals , are ~ those. named .herein; that this pro-- - pawl is rude without collusion with .any other person, ~ f ire- or corporation, that. he has carefully. examined the lacatian of the proposed.. word, the annexed. pro-- posed form of contract and the plans thew in ref erred to ~ and: he~ p~opases:.:and agrees. if this- proposal is accepted that he will contract with, the City of Bakersfield, i~n the = prescribed fora of con tact hereto. annexed, to provide al necessary machinery,. tQOls,~ apparatus and. Qther means- of construction and ~o do all the work and furnzsh a3.1 the r~aterials in accordance with the: plans and s~pe- cif catons fore the above, filed in the off ice of the Finance Director:.: of - they . City of Bakersfield and as spe~if ied in the contract,... i~ the manner and tine therein prescribed,...and.-according to the requirements...of the Engineer es therein se forth, and that he will take in, full payment,.. therefor the unit prices or lump .sums et forth: in the following schedule ~ . . In case of a discrepancy between wards and figures, .the wards shall prevail; and in case- of discrepancies between unit prices and totals the unit prices shall prevail. The undersigned further agrees. that. in case of default in executing .the required contract, with necessary bonds, within ten X10} days., not. including Sunday, after haunt received notice that the contract is ready for signature, the proceeds of the check or bid bond::acc~ying his bid shallbecame the prcr- perty of the City a~ Bakersfield. Bidder acknowledges 'receipt of the:.. following addendum:::.. LTEM APP~Ox:,~ ITEM WITH Lt~+iF SUM PRICE . UNIT N4. QUANTITY T'.t'E1~1 IN ~RD6 PRICE TOTAL 1. Lump Sum Traffic si al and li htin . systemi Lump Sum 2. 370 Remove traffic stri sand Vement markin s Per S.F. 'TOTAL SIC~IED ,Bidder Page 1 of 1 41004.3.9 PR~P45AL . ~r . FAR - ~FICn SIC~~ SYS'C`~ ON ~I~ PQRTAL DRIVE AT N~ING AVJENUE '~o the City ~ Clerk. of the~~ ~~ty of. Bakersf iel.d~ 'the undersigned,- as b%dder, declares that tha- only persons or; pasties interested in this p~oposaZ as principals are .those nat~ed herein; that this pr~r posal is made without collusion with and other persons firm o~° c©rporation; .that: . he has- carefully examined the location of _ the ~ .proposed.:: work, the annexed-,pro- M posed. fora ::of car~tract and` :the plans therein referred to;- and he proposes and° :agrees if: hi ~~roposal is accepted► that he wi l contract v~ith~. the pity ~f Bake~sf field, in the prescribed form: of cant~act heretoannexed, to provide, all' - . . ~ecessa ~ machinery r Dols,: apparatus and other means of canstxuction and to do . all the work and ~u~~n~,sh,-all the ~a e~a~a in accardan~e with the plans ~ and spe- . ci~liication's for-the above,. f i~led. in the- a~f ice of the "Finance Director of the- pity of Bakersf ield.~ and asp specified: in thee.: contract, in the n~anne~ and time therein prescribed and~~~ according to the requirements of the Engneer~~ ~as therein set ferth and that: he will take in full pay~ent therefor the unit prides nr~ lump- s~~s sit forth. in- the: ~ollawng:,.. schedule:. 5 In, case of a decrepancy bet~veen words. and: f iguxes~ the fiords shall - prevail; and in case of ~ dscxepancies between unit pr~.ces and totals, the unit . p~ces~ shah , prevail: - Thee: undersigned further agrees that in case- of default in executing the required contract; ...with.. necessary bonds, within ten ~ l0 ~ days, not includnq Sundays.,- :after having xeceived n~pt-ice ~-that the cm~ntract is ready for: signature, - .the proceeds of thee-check... or did bond accompanying his bid shall becc~e the.- pro- rt of the cit of Bakersf fie d. Y Y - Bidder~ acknowledges :receipt of the.- following addendun~~: ITEM ,APP~?~. - ITEM WITH L~JMP SUM PRICE ~ UNIT.- NQ. Q~3AN'rITY ~iI'~CEN IN WDRDS : , PRICE T~'.rAL 1 ~ Lump Sump ~ `Traffic s i aZ and l i ht in ystem . Lump-Sum, 2.- 37Q Remove traffic stripes .and pavement markings Per S.F. TOTAL SIGNED Bidder Page 1 of 1 D6: 41004.39 This form shall be cc~npleted by all Bidders and submitted with the bid} TJ~AFFIC SIGNAL SYSTEM oN EL PO~:CAL DRIVE AT MING AVIENUE NONCOLLUSION AFFIIaAVIT TO BE E~~ECIJTED BY BIDDER AND SUBMITTED WITH.BID State of California } } ss: County- of } ,being first duly sworn, deposes. and says that he or she is of the party. making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person,. partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; than. the bidder has not directly. or indirectly induced or solicited any other bidder to put in a false or shambd, 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 refrain from bidding, that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or ..conference with anyone to fix the bi.d .,price of the bidder or nay other bidden, or to fix any. overhead,, profit, or cost el~n~nt of .the bid price, or ~f that.:of any other. bidder, or to .secure. any advantage against the public body awarding. the contract.:. of anyone interested i.n the prop®sed contract; that. all statements contained in the bid are true; and:, further, that the bidder has not, directly or indiredly, su~xn~.tted his or her bid price or any breakdo~vn thereof, or the contents thereof, or divulged information or data relative .thereto, or ..paid, and wi11 not pay, any fee to any corporation, partnership, c an , y association, organization, bid depository, or to any member.: or agent .member or agent thereof to effectuate a collusive or sham bid..." Signature of ~idde~° Busine s Address Place of Residence D6: 41004.40 L~L~7~ ~t~t~~7~wLA11 t`L"1~47 TJ~AF~I~ sled AT E~ F4~~AL DRIVE AT MINA :AV1E~Jt~JE Ala- persons or parties - s~~bnu.tting a bid proposal ~on the ro 'ect shall ~ lete. p ~ e~ following.. forms setting: forth the name ar~d the location of the mill, slap or off ice of each sul~cor~tractor who will perfar~t work: or lair ar ruder - service to the ~~~tract~or ~ ~ or about the construction of :the- work or~~ improvement in excess one-ha3f ~ of one ~ 1~) percent. of prime e4ntractar ~ .total.: bid, or THO~ISAI~D DOLIG~~RS~ ~ $10, 0:44) , whichever is greater, and the . - pardon of the work which will be doge- b~ each subcontractcars This Iist is to- be- ccxnpleted and. submitted faith said bid proposal. DIV`I~IQN OF ~ o~ sUB~"AN'rRR ADDRESS WORK INVQLVED - - D6: 41004.42 -42- ~:wrn .~ecomPa,i~~•ing t tl i s p r o A o s a 1 i s............................... ......................................•....e » cc » ct ~~TUTIC~ a Insert the ~~rot~is "cash cashier's check, certl- fied cilec~,'' or "bidder's bovd," as the case may bej, in amount equal ~ to at . least .ten lei°ct;nt of the total of ~thp bid. The naui~s of ~a.ll persons interested iu the foreeoiug proposal ae prise 1 cipals a~°e a$ f ollo~s : ' ' If bidder or other interested person is a corm Trr ortcrnt No#~ce • p poration, ,state ~egai name of corporation, also names of the president, secretary, treasurer, and manager thereof ; if a • copartnership, .state true name of firm, also -names of all individual copart® Hers composing f irm ~ if bidder or other interested person is an individual, state first and last names in full. ..••....•.......••.••...oe.•.I.a.•.♦.ea.•o.•..1.~.........e.s.•.•.•..~......•e1..•..•..•..•~•.~•1••a.1.....• .............•..N.M.0e ...•o.e•.ee...•..•...e....1•••...•.0...1•►•.e.....1.....•1.0......•.~~...•.••.•../.....•.•••1........1.......'....• .............M..O ......••....1..e.•O,.O.ef.......•...e..••.....I.••.•1O.•01.~.....•...'•••....e....•....•...•..1•..•.• ....................•O..1....1..O1. ..•..........I.e..••....•..11..0.....1•....•....•........1.1•...•.•....1.....•....••... •.1..•.......•.•......•.•......00 Licensed in accordance. with an act providing-for the registration of Contractor's License No ................................................1..........•.. . ~ ......e•..1.a...•.a...•1.....1.•...•....••.....I....a.....•.......•...I. r.1.. •.11.~•~..I....IMe0. • SIGN .•....•e.......1.....•....1e.e.•./~../~..e.~~~........~~..~~......1~.0•1.•.•.1..•...11•...I..e...e. HERE •.•s........,.o......•.•.•ee./....•./r././1.1..~....r.•.•~e..e.••.s..•.•I...u~1~•..0...1...1...1• Signature of Bidder. NO?E--li bidder u a eorporatfoo. the legal ,name of tb* corpvtatio® shati be yet lorth aboee , together with the sigpature of the ottlcet of attleert authorized to tlgts contractt~ on bebalt et 4be .corporation; i! blddar h a eopattaenhtp. the true aae:s* of the tisnt than br iet tott~ above together +atth tie, rigaature of the pottnet or partners autisorl:ed to alga coaitatt~ !n~ behai! o! ttae copartaershfp; sad bidder U as yadietdual. hir rlgaaturs shall,. bb piaeed aboee. I2 iignature . is by ®cgent, other. thaa an otttcer o! a corporatioa or a member at a partaenbip, a Porter of AttoroeY mint bs oa tiie vrith thh CltY Cleric of the C1tY o! Eakeriti~id prior to oprnlaq bids of ~ubmtt4ed with the bid; otbervrlee. the bid ~Ui be dt~r~gat0ed ,aa trtegula: sad uaauthorl~ed. Bunn _ ..............................................,........................................e.,... ' ess address. . . Place of resldence........ .....e......................... Dated ..................................................1..,19......... "IFIF ~~1~~ER'~ TC~ A~~~MP~NY PR~P~~L ~~ot necessary if ash or certified check is with bid) KNOV6~ ALL MEN BY THESE PRESENTS: _ . _ ; .That ~e-__ _ o _ ° _ a as rincY alo and _ _ _ _ .:.__P _ _P....._....... _ . as auretya . are held and i'irinly bound unto tie City. o~ ~akera~ield, a body: politic and corporate o~ the State o~ _ _ California, in tke surd o~ ~ ~ ~ ~ dollars. _ to be paid to said City, for-which payment., well and.. truly to be anode; we bind ouraewe9, our heirs, executors sad administrators, succe6sors or asai~ns. jointly .and severally by _ _ these presents. -THE C~NI~ITION OF 1'HI~ OBLIGATION IS SUCH: ~ . . That il' the certain proposal, hcreuRto annPs~ed a to cot~atruct certain work and impa~o~eanents in . the City o~ Bai:ers~icld as referred, to in- the Nance to Contraetora attached heretoe is accepted . by the Council of said City end if the abova bounden principal a heirs, execut~ors;• adra~ini~trators, aucm censors and assi~tas, $hau duly enter into and e~eecute a contract, to construct said improvements aforementioned, and 6ha11 oxeeute and dclivez° the two bonds requircd~by law, within ten days (not. including 5urrd~y} from the date. o~ z notaee to the above bounden principal, .that said contract is .ready:.: for execution, -then this obligation .shall beconse null znd void,, otber~viae it shall be and remain ~ full: force and eYiect. - IN WITNESS WHEREt~F, we have hereunto sat our hands and seals this day of . A.D.19 (Seal} (Seal (Seal} (Seal} (Seal) HOLD I~~il~+~L' ESS AGREE~KENT CITY OF BAKERSFIELD IT IS HEREBY AGREED that ,agrees to indemnify and hold harmless the City of BakQrsfi~l~, 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 d~~nage because of bodily injury, including death at any time resulting therefrom, sustained by any person or persons, or on account of d~~rnage to property arising out of or in consequence of . {agreement name} IT IS F~J~~iER UNDERSTOOD AND AGREED.that the Contractor shall tat .thee option of the City7, defend the City of Bakersfield with appropriate counsel and shall further bear-all casts and. expenses, including the expense of counsel, in the defense of any suit arising .hereunto. t DIATED Contractor's Name Authorized Signature D6: 41004.41. [To be completed by the Contractor, if he elects to substitute securi , ties in lieu of retention] . ESQ AGREE FOR SE~TY DEPOSITS IN LIEU OF RETENTION TBIS ESQ AGREEI!+iENT is made and entered into by.and between whose address is hereinafter called "Owner.", whose address is .hereinafter called "Contractor" and whose address is hereinafter .called "Escrow.Agent". For the consideration hereinafter set forth, the Owner, Contractor and 1 Escrow Agent agree as follows: 1. Pursuant to Section 4590 of Cha ter 13 of Division ~ of.Title 1 of p the Gover~~ent Code,. of the State of Californ~.a, .Contractor has .the option to deposit; securities with Escrow Agent as a substitute for :retention earnin s g required to be wihheld by owner pursuant to the Construction Contract. entered into between the Owner and Contractor for Traffic si al s stem on E1 Portal v Drive at Min Avenue. - n the amount of dated hereinaf er .ref t t erred to as the "Contract"}. When Contractor depos-.its the. securities as a substitute for Contract. earnings,:. the Escrow Agent shall ngtify the Owner within ten X10) da s Y of -the deposit. The market value of the securlta.es at the t1.n~e of the substitution shall be at least equal to the cash. amount then re fired to be withheld as retention under the terms of the Contract between the Owner and Contractor, Securities shah be head..in the :Hams .of and shall designate the Contractor as the beneficial owned 2. The Owner shall make progress payments to the Contractor .for such funds which otherwise would.be withheld from progress. a nts ursuant to-the p Y~ p Contract provisions, provided that~the Esc~°ow Agent hold securities in he form and amount specified above. 3 Alternatively, the Owner-may make a nts directl to Escrow A ent ° A y g in the amount of retention for the benefit of the Owner until such time as the .escrow. created hereunder is terminated. D6: 41004.43 1 GG:wrn 4. Contractor shall be responsible for paying all fees for the expenses incurred by EsEraw Agent in admin~.stering the escrc~a account. These expenses and payment terms shall be determined by the Contractor and Eecrtxv . Agent. . 5. The interest .earned on the securities or the money market accents held_in escrow and all interest earned on that interest shall. be for the sole account of Contractor and shall be subject to withdrawal. by Contractor at an time Y and from t to t~ without notice to the Owner. - 6. Contractor shall have the right to withdraw all or any part of the . principal in the Escrow Account only by written notice to Escrow Agent accompanied by written. authorization from owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. '7. The Owner shall have a right to draw upon the securities in the -event of default by the Contractor. Upon-seven ~7} days' written notice to the Escrow Agent .from .the Owner of the default, the Escrow Agent shall. i~~mediatel Y convert the securlt~.es to cash and shall distribute the .cash as instructed by the, Owner. 8. Upon receipt of written notification from the Owner certif. in Y g that the Contract is final and complete, and that the Contractor nas complied - with all requirements and procedures applicable to the Contract, Esero~w A ent shall g release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed inanedately upcm disbursement of all moneysand securities on ..deposit and payments of fees and charges. 9. Escrow Agent shall. rely on the written notifications from the Owner and: the. Contractor. pursuant. to Sections ~4}~to (6}, inclusive, of this agree~ent ar~d the owner and Contractor shall hold.Escraw Agent harmless. from Escrow Agent' release and disbursement of the. securities and interest as set forth above. 10. The r~~es of the persdns who are authorised to ve written notice o g or-- to rece~.ve written not~.ce on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their res dive s attires ~ ~ r are as follows: On behalf of Owner: ~ On behalf of Contractor: .Title Title Name Name . Signature Signature Address Address D6: 41004.44.. 2 Ors behalf of Escrc~v Agent: Title Name Signature Address At the tip the Escrcxa Account is opened, the Owner and Contractor shall deliver to-the EscraW Agent a fully executed counterpart of phis Agreement, IN WITNESS W13ERE4F~ the. parties have executed this Agreement by.their ..proper officers orb the date first set forth above, owner Contractor Title Title Name _ Nam; Signature Signature D6: 41004.45 3 GUARANTEE TJ~AFFIC SIGNAL EQUIPMENT CITY OF B~~KERSFIELD . Department of Public Work s - 1501 Truxtun Avenue Bakersfield, California In accordance with the terms of Contract No. for th ' e Project; T]~AF'FIC SIGNAL SYSTEM ON EL PO~:CA,L DRtvE AT MI1VG ASE awarded on , .between. the City of Bakersfield ~hereinaftsr referred to as the City, and the undersigned, which contract rovides for the installation of 1' ~ ~ p a. htin and or traffic si al s stem ,and under which contract the undersigned has furnished and installed such s stem the follc~win grantee of th Y ' g gu a said system is hereby made.. Should any of the equipment installed ursuant to said con P tract, except lighting elements, prove defective or should the system as a whole rove defective, due to (cult wor p y k~n~~nship, material. furnished, or method of installa- tion, or should said system or any part thereof fail too rate 1 pe property,' as p armed, due to any of the above causes,. all witha;n.c ~ year after date.~n which said contract is accepted by the .City, the undersigned agrees to re~rse the City, upon demand, for its expenses incurred in restorin sa'd g i systems to the condition ;contemplated in said contract, includin the cost of an a g y qu~pment or. materals.replaced, or, upon demand by the Cit , to re dace an such ~n Y P. Y . equ p t and repair said systems. completely without cost to the Cityt so that the will operate..successfull as on i Y y g. Wally contemplated. The City shall, have` he option to make an needed re airs Y p or replace menu Itself or to have such..replacemients or repairs .done the undersi ed. by gn Prior to~~uch replacement or repair work being done by-the City, the undersi ed shwa .have the option. to make any. needed rep~.rs or replacements. In the event the City elects to have said wozk rformed b the unders° ~ Y ~.gned, the undersigned agrees that the repars..shall com~ence to be made and: such Materials as are nec- essary shall conce to be furnished and installed within Twent -FOUr 24 h Y ~ 7 ours of the (date , spec~,f ied in the City's written notif icatio~. contractor shall prosecute with due. diligence to complete the work within a reasonable :.period of time, as specified: in the Cit 's written notifi Y cation.... Said system will be deemed defective within the mean' - ing of this :guar . antee in the event that they fail to operate. as on mall intended the man - fa g ~ ~ u cturers thereof and in accordance with the plans and specifications included in said contract. Contractor's Signature. Firm Date Address D6; 41004.46..