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HomeMy WebLinkAbout1989 Special Provisions Project 41011COPY NE). CITY OF BAKERSFIELD CALIFORNIA NOri'ICE TO CONTRACTORS SPECIAL PROVISIONS BID PROPOSAL AND CONTRACT FOR ~S TRAFFIC SIGi~TAL SYSTEM ON ALLEN ROAD AT STCK;KDALE-HIC K, ~3 ' , BID OFENINGs DP,~E Octobe~_19, 1989- ~~r TIME. 2:OQ P.M. ~5~, PRp►7EeT N0. 41011 §S o Q~pFESSIpN CITY BA~FIELD Q~~N ~ 15Q1 TRT~i AVENUE y ~Z BFIELD, CA 93301 W y (~j, 00 ~ Telepha~e: (8E}5a 326-3724 ~ " ~ J~► C IViI 9~ of c~ct~°4 ~ y ~ D11:41011 RR/lh CITY OF &~KERSFIELD DEPARTMENT OF PUBLIC WORKS NOTICE TO CONTRACTORS SF~~LED PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasing Officer, City Hall, 1501 Truxtun Avenue, Bakersfield, California, until 2:00 o'clock P.M. on October 19, 1989 to be publicly opened and read inm~ediately thereafter, for the following work: Installing traffic signal and lighting, constructing median islands, and paving roadway transition. Plans and specifications, and forms of proposal, bonds, and contract., may be obtained at the off ice of the Purchasing Officer by posting a refundable deposit of ZERO -0- ~ for each complete set. Refund of deposit will be made rovided the plans and specifications are returned to the Purchasing Officer ,p within ten (10~ days from date of bid opening and the da~m+ents are in seasonable good condition. No bid will be considered unless it is made on a proposal form furnished by the Purchasing Officer, which appears herein immediately following the SPECIAL PROVISIONS. of the project, and is made in accordance with the provisions set forth under Section 2, "Proposal Requirements and Conditions" of the Standard Specifications, Each bid must be accompanied by a proposal guarantee in accor~a~s~e with .the requirements of article 2-1.07 of the said Section 2 0~ the Standard j Specif ieations. The City of Bakersf ~~.d reserves the right to reject .any or alb.:. bids. B ids are required on the entir~rk,. described herein. ~ . Substitution of securities for moneys retained to ensure performance shall ~e rmitted pursuant to the provisions and requirements of Government Code 4590. Eligible securities include interest bearing demand deposit accents, standby letters of credit, or any other security agreed to by the Contractor and the City of Bakersfield. The .request far substitution of securities to be deposited shall ~e submitted on the form entitled "Escrow agreement for Security Deposits in Lieu c~s_ Retention".included in the back of these special provisions. The Contractor must possess a valid Class A, or combination of Class C-10, C-12, and Class C-34 Contractor's License at the tip this contract is awarded and this shall govern. over the classification shown on the plans. The work contemplated shall be done in accordance with the Standard Specifications of the Department of Transportation, Business and Transportati~~~ µ Agency, dated January, 1988, insofar as the same may apply. Pursuant to Part 7 of Division 2 of the California Labor Code ~Sec~;_ et seq. the Contractor shall not pay less than the prevailing rate of wage~~ workers on this project as determined by the Director of California Depart:,--~ Industrial F.elations. The Director's schedule of pre~aailing rates is on f open for inspection at the s~ity of Bakersfield, Depart~.ent Of Public Works Truxtun Avenue, Bakersf ie~.d, California. D11:41011.1 -1- RR/lh GI~ERAL DESCRIPTI0~1 OF WORK The work to be performed consists, in general, of installing traffic signal and li htin constructing r~edian islands and paving roadway transition. g g► CITY OF ~RSFIELD EDGAR W. scHULZ Public-Works Director ~ D11:41011.2 ~2' CITY OF ~~KERSFIELD, CALIFORNIA DEPARTMENT OF PUBLIC WORKS SPECIAL PRpVISIONS SECTION 1 - DEFINITIONS AND TERMS 1-1.01 GENERAL. This work embraced herein shall be done in accordance with the Standard Specifications entitled "State of California, Department of Transportation, Standard Specifications, January 1988," as referenced herein, insofar as the same may apply, which specifications are hereinafter referred to as the Standard Specifications, and in accordance with the following special provisions. In case of conflict between the Standard Specifications and these special provisions, the special provisions shall take precedence over and be used in lieu of such conflicting portions. 1-1.02. DEFINITIONS AND TIE~tMS~. All definitions and, terms:.. in. Section 1, "Definitions and Terms," of the Standard Specifications shall apply, except whenever the following terms or pronouns are used, the intent. and meaning shall be as follows: City - City of Bakersfield, California. Department of Transport~tien~: CALTR~IS The Eng~.neeri~~g Department of the City of Bakersf field. . } Director -City Engineer. En ineer -The Cit ~ En 1 veer, .acting . ~itk~er directly or hough properly 9 Y ..9 authorized a ents, such agents acting-within the scope of the pa-rticular duties g entrusted to them. Laboratory -The designated laboratory authorized by the City to test materials and work involved in the contract. Standard Specifications -Standard Specifications of the Department o~ Transportation, Business and Transportation Agency, dated January., 1988. State -The City of Bakersfield. State. Contract Act -Chapter 1, Division 2 of the Public Contract Code. The provisions of this act do not apply to this contract. Other terms appearing in the Standard Specifications, the general provisions, and the special provisions, shall have the intent and meaning specified in Section 1, Definition of Terms of the Standard 5pecif ications. D11:41011.3 -3- RR/lh SECTION 2. PROPOSAL REQUIRI~MENTS 2-1.01 G]~1ERAL INFORMATION. The Purchasing Officer of the City of Bakersfield, California, will receive at her off ice, City Hall, 1501 Truxtun Avenue, in said City, until 2 o'clock P.M. on October 19, 1989 sealed proposals for TRAFFIC SIGNAL SYSTEM ON ALLEN ROAD AT STOCKDALE HIGHWAY 2-1.02 APPROXIMATE ESTIMATE. The Engineer's estimate of the quantities of work to be done and materials to be furnished are approximate only, being given as a basis for the comparison of bids, and the City of Bakersfield does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease ..the. amount of any class or .portion of the work or to omit portions of the work that may be deemed necessary or expedient by the Engineer. 2--1.03 E~~AMINATION OF PL~1S, SPECIFICATIONS, SPECIAL PRwISIONS, AND SITE OF W~RR. The bidder is required to examine carefully the site of work, the proposal, plans and specifications, and contract forms. It will be assumed that the bidder has investigated, and is satisfied as to the conditions to be encountered, the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, the special provisions, and the contract. It is mutually agreed that the submission of a proposal shall be considered. prima facie evidence that the. bidder has made such examination. 2-1.04 REJECTION OF PROPOSALS Ct~1TAINING ALTERATIONS, ERASURES OR IRREGULARITIES.. PropQSals gay bea, ~±~j~ed~: if they show any alterations of form, additions.. not called for, conditional or alternative bider- incc~mplete~ bids, erasures or irregularities of any kind.L. Proposals in which the prices obviously are unbalanced. may be rejected. •r The right is reserved to rejectany and all proposals and~wai~e any irregularity. 2-1.05 PROPOSAL FORM. All proposals must be made upon blank forms to be obtained from the Purchasing officer, theform of which appears herein immediately following these special provisions. All proposals must give the prices proposed, both in writing and figures, and must be signed by the bidder, with hisaddress. If the proposal is-made by an individual, his name, telephone number and post office address must be ~ shown. If made by a f irm 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 shaathe names of the state under thelaws of which the corporationwas chartered and the names, titles, and business, addresses of the president, secretary and treasurer. D11;41011.4 -4- ~ RR/lh SECTION 3. ACRD AND ~CUTION OF C41~]~RACT 3-1.01 GENERAL, The award of the contract, if it be awarded, will be to the lowest responsible bidder, The language "responsible" refers to not only the attribute of trustworthiness, but also to the quality, fitness and capacity of low bidder to satisfactorily perform the proposed work, 3-1.02 ACRD OF CO1!17[`RACT. The award of the contract, if it be awarded, will be made within forty-five (45) days after the opening of the proposals unless extension is approved by the lowest responsible bidder. 3-1.03 CONTRACT BONDS., The Contractor shall furnish two good and sufficient bonds. One of the said bonds shall guarantee the faithful . performance of the said contract by the Contractor and shall be in an amount equal to one hundred percent (100$) of the contract price. The other of the said bonds shall be in an amount of fifty percent (50$) of the contract price and shall guarantee payment to laborers, mechanics and material workers employed on the job under the contract and shall be in the amount and satisfy the requirements specified in Section 3248 of the California Civil Ccxle. Whenever any surety or sureties on any such bonds, or on any bonds required by law for the protection of the claims of laborers and material men, beco~e insufficient, or the City has cause to believe that such surety or sureties 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 originally required, as is considered necessary, considering the extent of the work remaining to be done. Thereafter- no payment shall be made upon such contract to the Contractor or any assignee of the Contractor until-such further bond or bonds or additional surety hay been furnished. 3-1.04 EXECUTION OF C(RAC'T. The contract shall be signed by the successful bidder and returned., together with-the contract bonds within ten (l0) days, not including Sundays, after the bidder has received. notice that the contract has been awarded. No proposal shall be considered binding upon the City until the execution of the contract. All contracts shall be considered as being made and entered into in the City of Bakersfield, California. Failure to execute a contract and file acceptable .bonds as provided herein within ten (l0) days, not. including Sundays, after the bidder has received notice that the contract has been awarded, shall be just cause for thG cancellation of the award and the forfeiture of the proposal guaranty. 3-1.05 RIaTURN OF BIDDER'S GUARAI~'TEES. Within ten (10) days after the award of the contract, the City of Bakersfield will return any monies or form for deposit of m®ney that are not to be considered in making the award. All other proposal guarantees will bey held until ..the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany. D11: 4101 5 - 5- RR/lh SECTION 4 - BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED IaAMAGES 4-1.01 Gl~1ERAL. Attention is directed to the provisions of Section 8, Article 8-1.03, "Beginning of Work," Article 8-1.06, "Time of Completion" and T Article 8-1.07, "Liquidated Damages," of the Standard Specifications, and is specifically hereby made a part of these special provisions. The first paragraph of Section 8-1.03, "Beginning of Work," of the Standard Specifications, is amended to read: The Contractor shall begin work within fifteen X15) days after receiving written notice the contract has been approved by the City Council if necessary and to proceed. The . Contractor shall diligently prosecute the same to completion before the expiration of 40 working days. Contract working days will commence from the date the Contractor begins. work or the 15th calendar day from the date of the written notice to proceed, whichever come~'f-irst. The Contractor shall pay ~ to the City of Bakersfield the sum of $ 200.0__0 per day for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above. Full compensation for conforming to the requirements of ~ above parac~~~z shall be considered as included~in the prices paid for the various items of wor;~ and no additional allowance will be made therefor. The Contractor shall furnish the- Engineer with a~ statement from the vendor that the oaf .~r for the electrical materiels-}'regt~~ired~~for this contract 'has been rece~.ved and accepted by said vendor, ahd`sad statement shall be furnished within fifteen X15) calendar days from the date of the contract. Said statement shall show the date or dates the electrical materials will be shipped. No work. shall begin on the project without prior written approval of the Engineer until all components necessary for operation of the signal system are on hand. The Contractor will be granted an extension of time s~:?;y -.will not be assessed with liquidated damages or the cost of engineering inspection for any portion of the delay in completion of the work caused ~~Lr manufacturing time should approval be given to begin prior to delivery o~ all signal system components. The number of days extension shall be the working days between the ,date as determined according to Special Provisio~t~., Article 4-1.01, and the date of receipt of all components as determined the Engineer. Upon receipt of all components, the Contractor shall noti~~~~~ - the Engineer in writing and the Engineer will order start of work in writing. Dl 1:41011.6 ~-6- RR/1 SECTION 5. GENERAL 5-1.01 STATE CON'I'~ACT ACT NOT APPLICABLE, Sections 1-1.40, "State Contract Act," and 9-1.10, "Arbitration," of the Standard Specifications are deleted. This contract is not governed by the provisions of the State Contract Act. The adoption and use of the Standard Specifications in the performance of the work called for in this contract shall not be construed as an election by the City to proceed under Section 20396 of the Public Contract Code. In the event that a dispute arises between the parties, they are not obligated to submit the matter to arbitration in any form (although they may do so upon written agreement}. 5-1.02 ALTERATION IN QUANTITY OF WORK. Increases in work totaling more than ten percent (10$) of the contract amount shall be processed as a change order subject to approval by the City. 5-1.03 CON'CR~L OF WORK. Control of work shall conform to the provisions in Section 5, "CO~~TROL OF WORK," of the Standard Specifications and these special provisions. Section 5-1.02."Plans and Working Drawings", of the Standard Specifications is amended by adding the following paragraph after the fourth paragraph: Working drawings or plans for any structure not included in the plans furnished by the Engineer sha~11= be approved by the. Engineer before an~>> work involving these plans shall be performed, unless approval is waived in writing by the Engineer, Section 5-1,07 "Lines and Grades" of the Standard Specifications is amended by adding the following paragraph after the first~par~graph: Three consecutive points shown on the same rate of slope must be used in common,. in order to detect any variation from a straight grade, and in case any such discrepancy exists, it must be reported to the Engineer. If such a discrepancy is not reported to the ,Engineer, the Contractor shall be responsible for any error in the finished work. The second paragraph in Section 5-1.07, "Lines and Grades" of the Standard Specifications is amended to read: When the Contractor requires such stakes or marks, he shall no~:~.; the Engineer of his requirements in writing a reasonable length of time in advance of starting operations that require such stakes or marks. In no event, shall a notice of less than 24 hours be cons~d~~~~- a reasonable length of time. Section 5-1.08, "Inspection" of the Standard Specifications is a.~~ by adding the following paragraph after the first paragraph: Whenever t'ne Contractor varies the period during which work carried on each day, he shall give due notice to the EngineerB proper inspection may provided. Any work done in the absence Engineer will be subject to rejection. D11:41011.7 -7- RR/I` 5-1.04 PRI~TAILINO ~GE~. Pursuant to Chapter 1 of Part 7 of Division 2 of the Labor Cade (cv~encing with Section 1720.), Contractor agrees that in performing said work, by himself or through any subcontractor, eight hours' labor shall be a day's work and forty hours' labor shall be a week's work, and that Contractor shall keep an accurate record showing the name and actual hours worked for all workers employed in said work, and that said record shall be kept open at all reasonable hours for inspection pursuant to Section 1812 of the Labor Code. The Contractor and all Subcontractors shall pay not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime to all workers employed in the construction of this project. The prevailing rate for each craft, classification or type of work is determined by the Director of .the California Department of Industrial Relations, and his schedule of prevailing rates is on file and available for inspection in the Public Works .Department, The schedule is incorporated herein by this reference. The City shall have the right to inspect payroll records during normal working hours and shall have the right to question workers at any time concerning the . wages being paid, Contractor shall not interfere in any way with the City's right to investigate conformance with the wage provisions of this contract. Contractor shall forfeit to the City for each worker employed for each calendar day or portion thereof:. a. TIi~~N'TY-FIVE DOLIL~~ ($25) pursuant to Section 1775 of the Labor Code, per worker paid less. than the amount to which he is entitled under said general prevailing rate of wages; and b. TWENTY-FIVE DOL]L~~,S: (~$25.}. pursuant to Section ..1.83 of the Labor Code, per worker required to work more than eight (8} hours .per day or more than forty (40} hours per week, except as provided in Section 1815 of the Labor Code. ~ ~ ~ ~ ~ 5-1, 05 PAYROLL REC4RD6°~.. The. fourth paragraph in Sec~on~^~~~1.OlA(3) , "Payroll Records," of the Standard Specifications is deleted and shall not apply to this contract. 5-1, 06 LABOR NO~IDISCRIMINATIO~T~. Attention is directed: to Section 7-1.OlA(4), "Labor Nondiscrimination," of the Standard Specifications and these special provisions, Attention is also directed. to the requirements of the California Fair Employment and Housing Act (Government Code Sections 12900 through 12996), to t'ne regulations promulgated by the Fair Employment and Housing Ccx~unission to implement said Act, and to the nondiscrimination, affirmative action and equal employment opportunity requirements in the special provisions. 5-1.07 APPRENTICES. The Contractor's attention is directed to Artic~.fl . 7-1.OlA(5}, "Apprentices," of the Standard Specifications. All Contractors and Subcontractors shall comply with the provisions of Labor Code Sections, 1777.5, 1777.6, and 177?.7 relating to the employment of apprentices. If the Contractor does not have a union contract which provides fc~r apprentices, a valid DAS 7 shall be returned as part of the Sealed Bid. A current copy of valid DAS 7 for the Contractor and all 5ubcon~.r~r~~ shall be returned as part of the Sealed Bid. D11:41011.8 -8- RR/lh 5-1.08 TRENCH SAFETY'. The Contractor shall comply with Section 6705 of the Labor Code which provides that the Contractor's responsibility shall be as follows: If the contract price for the project includes an expenditure in excess of Ti~IEN'TY-FIVE THO~JSAND DOLIC~~RS ( $25, 000) for excavation of any trench or trenches five feet or more in depth, the Contractor or his Subcontractor shall not begin any trench excavation unless a detailed plan, showing the design of shoring, bracing, sloping or other provisions to be made for worker protection during the excavation of the trench, has been submitted by the Contractor to the City Engineer and. the detailed plans has been approved by the City Engineer. If such plan varies fr~n the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a Registered Civil or Structural Engineer. Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders of the Divis-ion.. of Industrial Safety. - Nothing in this section shall be construed to impose tort liability on the awarding body or any of its employees. The terms "Public i~orks" and "Awarding Body," as used. in this section, shall have the same meaning as in Labor Code Sections 1720 and 1722 respectively. 5-1.09 SOUND CONTROL R1rQUIREMF~JTS. Sound control shall conform to the provisions in Section 7-1.OlI, "Sound Control Requirements," of the Standard Specifications and these special provisions. - The noise level from the Contractor's operations, between the hours of 9:00 P.M. and 6:00 A.M., shall not exceed 86 dbA at a distance. of 50 feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level. Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use o~ loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract iter~s of work involved and no additional compensation will be allowed therefor. 5-1.10 PERMITS AND LICENSES. The Contractor shall procure all I~ ~F-':- and licenses, pay all charges and fees, and give all notices necessary and incidental. to the due and lawful prosecution of the work from any and all governmental organization which require such permits,. licenses or fees. The Contractor shall procure a business. license in the City of Bakersfield. D11:41011.9 -9- RR/lh 5-1.11 WGRKING HoiJRS. Contractor shall limit his field working hours from 7:00 A.M. to 4:30 P.M. Any deviations must be requested and in writing and directed to the Construction Engineer at the Pre-Job Conference. Written a royal from the Construction Engineer is required for work beyond these limits. pp Any time work proceeds beyond the time limits or on holidays or weekends, the L Contractor will be charged for all associated overtime charges and said charges may be withheld from contract retention. 5-1.12 ~~S TO BE OBSERVED. The Contractor shall keep himself fully informed of all existing and future State and National laws and all municipal ordinances and regulations of the City of Bakersfield which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. 5-1.13 C{~1TRA~I~oR' S IN5~lEaANCE.. The Contractor shall not commence work under this contract until he has obtained all insurance required under. this section and the required certificates of insurance have been filed with and approved by the City Risk Manager and the Public Works Department, nor shall the or allay an Subcontractor to commence work on his subcontract until said Contract Y n er certificates of insurance have been filed and approved by the City Risk Ma ag and the Public Works Department. Contractor shall. be responsible. for any deductibles under all required insurance policies. 5-1.13A HOLD ~~ESS. The Contractor shall save, hold harmless and indemnify the City, its of f icers~, .agents,.. employees ,and ,volunteers from all claims demands, damages, judgments, costs or expenses in law or r 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 a reement and s1~a11~ execute and return -with the executed g contract documents and bonds the "Hold Harmless Agreement," a copy of which is attached hereto. 5-1.13B INSURANCE. In addition to any other form of insurance or bond re fired under the terms of this agreement and specifications, the Contractor shall procure and maintain for the duration of this a reement the following types and limits of insurance: g Automobile liability insurance., providing coverage ~on an occurrence basis far bodily injury, including death, of one or more persons, .property damage and personal injury, with limits of not less than or~G million ($1,000,000} per occurrence; and The automobile liability policies shall provide coverage for owned, non-awned and hired autos. General liabilit insurance, providing coverage on an occurrence ba:~~~~ for bodily injury, including death, of one or more persons, proper~.y . damage and personal injury, with limits of not less than one milli~.~r~ ($1,000,000) per occurrence. The liability policies shall provide contractual liability cover~~~_:~ the terms of this agreement. The liability policies shall contain an additional insured endor~~~~.~. D11:41011.10 ~ -10- RR/lh in favor of the City, its mayor, council, officers, agents, employees and volunteers; ~lvrkers' c nsation with statuto limits and e l er's liabilit insurance with limits of ,not less than one million ~ 1,000,000,) per accident. The workers' compensation policy shall contain a waiver of subrogation endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. All policies 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. 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 subcontractc~s to cover their operations. , The insurance required under this agreement shall be maintained until all work required to be performed under the terms of this agreement is satisfactorily completed as evidenced by f a~mal acceptance by the City. All costs of insurance required under this agreement shall be included in the Contractor's bid, and no additional allowance will be made for additional costs which may be required by extension the insurance policies. 5-1.14. CON'IrRAC'POR'S AUTHORITY. At the preconstruction meeting, the Contractor shall provide the City with the foreman's or superintendent's nave ,r~~ will be in charge of this project. 5-1.15 DAMAGE BY STORM, FLOOD, TIDAL WAVE OR F~~RTHQUAKE. Section 7-1.165, "Damage by Storm, Flood, Tidal Wave or Earthquake," of the Standard Specifications is deleted and shall not apply to this contract. 5-1.16 WORK IN CITY STREETS, All of the work shown on the plans included in these specifications that is located in the. public streets in of Bakersfield shall be done in accordance with City Ordinance regulating Of public streets with.n the City, except as otherwise provided herein. The Contractor shall inform himself as to a:~l regulations and requirements of the C~.ty Engineer and Superintendent of Streets of the C~v~~ Bakersfield and shall conduct his operations in compliance therewith, Dl 1:41011,11 -11- RR/1~~: 5-1.17 RIC~TT OF ~Y. The right of way for the work to be constructed will be provided by the City. The Contractor shall make his cam arrangements, and pay all expenses for additional area required by him outside of the limits of right of way unless otherwise provided in the special provisions. . 5-1.18 SUSPENSION OF CONTRACT. If at any time in the opinion of the _ City Council, the Contractor has violated any terms of this contract, failed to supply an adequate working force, or material of proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing will be served upon him, and should he neglect or refuse to provide means for a satisfactory compliance with the contract, as directed by the Engineer, within the time specified in such notice, the City Council in any such case shall have the power to suspend the operation of the contract. Upon receiving notice of such suspension, the Contractor shall discontinue said work, or such parts of it as the City Council may designate. Upon such suspension, the Contractor's control shall terminate, and thereupon the City Council, or its duly authorized representative; may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials, and purchase the materials contracted for, in such manner as the Engineer. 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 therefr~n over and above the contract price will be charged against the Contractor and his sureties, who will be liable therefor. In the event of such suspension, all money due the Contractor or retained under the terms of this contract .shall be forfeited to City; but such forefeiture will not release the contractor or his ;.sureties fro~~ 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 ceS!~ 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, anti the Contractor will be so credited with any surplus remaining after{,all just claims for such completion as determined by the Engineer have been paid. In~the determination of the question whether there has been any such non-compliance with the contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to th~~ contract. 5-1.19 TEMPORARY SUSPENSION OF WORK. The Engineer shall have the authority to suspend the work wholly or in part, for such period as he may de~~~ necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such t ~ ~ r as he may deem necessary, due to the failure on the part of the Contractor to carry out orders given, or to perform any provisions of the work. The Contra~~~~~ shall immediately obey such order of the Engineer and shall not resume the wo~~' until ordered in. writing by the Engineer. 5-1.20 PAYMENTS. Attention is directed to Sections 9-1.06, "Par~::° Payments," and 9-1.07, "Payment After Acceptance," of the Standard Specific~'- and these special provisions. No partial payment wi~.l be made for any materials on hand which furnished but not incorporated in the work. 5-1.21 FINAD PAYMENT. Tn addition to the conditions, provision: requirements of Article 9-1.07B, `°Final Payment and Claims, of the Stand~.i D11:41011.12 -12- RR/l~ Specifications, the following shall apply: The City may withhold funds, or because of subsequently discovered facts, nullify the whole or any part of any certificate for payment, to such extent as may be necessary to protect the City from loss due to causes including but not limited to the following: a. Defective work not remedied; b. Claims filed or information reasonably indicating probable filing of claims; c. Failure of Contractor to make payment due far materials and/or labor; d, Information causing reasonable doubt. that:. the.::,c~ntract can be completed for any unpaid balance; e. Damages to another Contractor; and f. Breach of any terms of this contract. When any and all such causes are removed, certificates shall be issued for amount withheld. The fifth paragraph. in .Section 9-1.07B, "Final Paymen~~nd Claims," of the Standard Specifications is amended to read: The Director will make the final determination of any claims which remain in dispute after completion of claim review. Aboard or person designated by said Director will review such claims and.:make,written recommendation thereon. 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 shall pay the entire sum so found to be due after deducting therefrom .all previous payments and all amounts to be .kept and all am~nts to be retained under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and paymeent. The final payment shall-not be due and payable until the expiration of thirty X30) days from the date the "NOTICE OF COMPLETI0~1" is recorded at the County Recorder's Office and after execution and return by the Contractor of the attached CtJAlR~~1TEE when applicable. It is mutually agreed between the parties to the contract that no certificate given or payments made under the contract except the final certificate or final payment, shall be conclusive evidence of the performance of the contract, either wholly or in part, against any claim of the party of the first part, and no payment shall be construed to be an acceptance of any defective work or improper materials. And the Contractor further agrees that the payment of the f ina~. ~ due under the contract, and the adjustment and payment far any work done in accordance with any alterations of the same, shall release the City, the C:~~:~~~ Councils and the Engineer from any and all claims or liability on account ,:j:- performed under the contract or any alteration thereof. D11:41011.13 -13- RR/lh 5-1.22 INCIf~~ASED OR DE(~E~~ASED Q~JANTITIES. The word "cvns~ation" in the following paragraphs of the Standard Specifications is replaced with the words "unit price": Third paragraph of Section 18-1.05, "PAYMENT". Third paragraph of Section 24-1.08, "PAYMENT". Second paragraph of Section 36-1.07, "PAYMENT". J Tenth paragraph of Section 39-8.02, "PAYMENT". 5-1.23 HAZ~S~ 1~~'ERIALS. The Contractor shall be held responsible for his workers and subcontractor's well-being and their education of ' ~ ~ ~ e handling hazardous materials when hazardous materials are encountered during this project. SECTI01~ 6. C;C~",TRGL OF MATERIALS 6-1.01 GENERAL. Control of materials shall conform to the provisions in Section 6, "Control of Materials," of the Standard Specifications and these special provisions. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before delivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribe shall be submitted by the..cor~tractor or roducer of all materials to be used in the work, for testing or examination as p desired by the Engineer. w Alh tests of materials furnished by the., contractor ehall be .made in accordance with commonly recognized standards of national orga~~tiations, and such special methods and tests as are prescribed in the specifications. Fy 6-1.02. BORKaW, DISF~~6AL AND M~~TERIAL SITES. The operation of any borrow or disposalsites used by the Contractor to produce ordispose of material for this project shall comply with the requirements in the Standard Specifications and these special provisions. Allprovisions forwater pollution, andsound control that apply within the limits of the contract shall apply to all borrow or disposal sites utilized by the Contractor. Upon completion of thework, all such sites and haul roads shall be . graded and treated so that, at the time of final inspection of the contract, they will drain, will blend with surrounding terrain, and will have a potential as a source of blowing dust or other pollution which is no greater than when in their original condition. If the Contractor obtains necessary permits for borrow, disposal or material sites from the authorityhaving jurisdiction or from the appropriate llution control boards and such permits contain requirements which conflict p° with the requirements In the first and second paragraphs of this section, to requirements of the permits shall govern over the conf l.tcting requirements this section provided the permit requirements have been approved by the Engineer. Full c~npensation for complying with the requirements for borro~, disposal and material sites in this section shall be considered as include~~ D11:41011.14 -14- RR/lh the contract rices paid for the items of work which require the use of the p sites and no additional compensation will be allowed therefor, 6-1.43 CERTIFICATES OF COMPLIANCE. In accordance with Section 6-1.07, "Certificates of Compliance," of the Standard Specifications, the Engineer may permit the use of certain materials or assemblies, prior to sampling and testing, if accompanied by a Certificate of Compliance. SECTION 7. CON~a'RIJCTION DETAILS SECTION 7-1 Cl~1ERAL 7-1.O1 ORDER OF WC?RK. Order of work shall conform to the provisions in Section 5-1.05, "Order of work," of the Standard 5pecif ications and these special provisions. All stri in removal-shall be completed a mini. of 2 days prior p g to signal being placed into operation. Pavement delineation shall be replaced . b to ra delineation before opening the traveled way to public traffic. y ~ ~ ~ ~ ff is line to -a lied in Temporary delineation shall consist of reflective tra p~ pp feces not less than 4 inches long nor less than 4 inches wide spaced no more p than l0 feet apart on curve nor more than 20 feet apart on tangents. Reflective traffic line tape shall be applied in accordance with the manufacturer's instructions. Temporary delineation shall be the same color as the permanent delineation. Full compensation for temporary delineation shall be considered as included in the prices paid for the contract items of work that obliterated the existing delineation and no separate payment will=~ be made therefor.- ° When initially installed, all vehicle and pedestrian signal-~faces shall be aimed and covered with cardboard or other material with an observation hole (max. 1" dia.) in front of each signal indication. The covers shall remain in lace until all signal operations have been checked and signal is placed into p . operation. Prior to commencement of the traffic signal functional tests, all items of work related to the signal control shall be completed and all signs shall be in place. 7-1.02 RELATIONS WITH KERN COt~~'TY. The City has been issued a rmit for work within the County right of way. However, prior to beginning work, the Contractor shall obtain a permit in the Contractor's name. The Contractor shall comply with all the provisions of said permit. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various items of w~Y~' and no additional compensation will be allowed therefor. 7-l, 03 OBSTRUCTIONS. Attention is directed to Section x-°1.10, "Utility and Non-Highway Facilit~.es," of the Standard Specifications, the; ~.f~...~ . and the special pravisie~ns. The Contractor will be required to work around public utility fac~.~. and other improvements that are to remain in place within the construction D11:41011,15 -15- ~/1~ or that are to be relocated and relocation operations have not been completed.. In accordance with the provisions of Article 7-1,11, "Preservation of Property," and 7-1.12, "Responsibility for Damage," of the Standard Specifications, the Contractor will be liable to owners of such 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 construction area shall be ascertained by the Contractor before using equipment r that may damage such facilities or interfere with the services. Other forces may be engaged in moving or removing utility facilities or other improvements or maintaining services or utilities. The Contractor shall cooperate with such forces and conduct his operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by other such forces. Any delay to the Contractor due to utility relocation whether or not the ' utility is shown or correctly located on the plans will not be compensated for as idle time. However, additional contract time commensurate with such delays may be allowed. At locations where irrigation systems exist, the Engineer will direct the Contractor as to what steps will be required to protect the irrigation s stem and the area it serves. The Contractor shall replace the irrigation Y system as directed by the Engineer, Existing land subdivision monun~nts and stakes shall be .fully protected from damage or displacement and they shall not be disturbed unless directed by the Engineer. Attention is directed, ta~ .the fact thatnuisance water may~~k~~ ,present a~ all times along the project. It will be the responsibility ,of the Contractor to a provide for dandling 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 theref or ~ Except in the case of extra work, full compensation for conforming to the requirements of this article shall be considered. as included in the prices paid for the carious items of work and no additional compensation will be made therefor. 7-1.04 MAINTAINING TRAFFIC. The Contractor shall furnish, insta~~. and maintain signs, lights, flags and other warning and safety devices when performing work which interferes with or endangers the safe movement of trarf is on any street or highway. Signs, lights, flags and other warning and safety devices and their shall conform to the requirements set forth in the current "Manual of Traffic Controls - Warning Signs, Lights, and Devices for Use in Performance of Wor'~ Highways," published by the State of California, Department of Transportatio~~ Application and use of devices shall be as specified and as directed by the Engineer. The .Contractor shall keep the Bakersfield Fire Department inform all tins as to the exact location and progress of ~.he ~~ork and shall nota_:.. them immediately of any streets impassable for fire f~.ghting equipment. D11:41011.16 -16- ~/1" The sixteenth and nineteenth paragraphs of Section 7-1.08, "Public Convenience," of the Standard Specifications, shall be amended to read as follows: Construction operations shall be actively in progress only between the . hours of *[8:30 AM-4:00 PMT, Monday through Friday except legal holi- days. There construction operations are actively in progress, a mini- mum of one traffic lane, not less than twelve feet in width, shall be open for use by public traffic. Where construction operations are not actively in progress, all lanes shall be open for use by public traffic. Public traffic may be permitted to use the shoulders and, if half~vidth 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 accon~nodation of public traffic thereon during paving operations.. In order to expedite the passage of public traffic through or around the work and where ordered by the Engineer, the .Contractor shall, at his own expense, furnish, nstall~and maintain construction area signs, lights, .flares, temporary railing ~T~~pe K), barricades, and other facilities for the sole convenience and direction of public traffic. Also, where:.. d~.rected_:. by the Engineer, the Contractor shall furnish competent flagmen whose sole duties shall consist of directing the movement of public traffic through or around the work. When deemed necessary by :the:~Ciay,:the signs "Road Construction Ahead," y No, C-18, and "End Construction," No. C-13, shall be furnished, installed and maintained by the Contractor at locations as directed ~~-1~ the Engineer at least- 48 hours in advance of any... construction. The Contractor shall report all accidents to the Engineer. PAY~!+SENT. Full compensation for conforming to the requirements of this article shall be considered as included in the prices paid for various items of work and no additional allowance will be made therefor. 7-1.05 EXISTING HIY FACILITIES. The work performed in connection with various existing facilities shall conform to the provisions in Section 15, "Existing Highway Facilities," of-the Standard Specifications and these special provisions. Existing City highway signs and street markers shall remain the property of the City. Such signs and street markers shall be relocated and maintained during construction so as to convey the same intent that existed prior to construction. Existing City highway signs and street markers shall be placed in their permanent position by the Contractor's forces prior to completion of construction. Signs removed from the project area shall be delivered to th~~ City Corporation Yard at 4101 Truxtun Avenue, PA'~MMEtv'T. Ful l C~n~~ation for conforming to the requirements ~ two preceeding paragraphs shall ~ considered as included in the prices pa the various items of work and no additional allowance gill be made theref~~~ ti. D11:41011.17 -17- RR/lh 7-1.06 SAWC;(1T ASPHALT CONa~FrTE PAVIENIENT. Where dew asphalt concrete is to conform to existing asphalt concrete, the existing asphalt concrete shall be saw cut to a neat line. The depth of cut shall be sufficient so that damage to adjacent asphalt concrete, which is to remain in place, will not occur during excavation operations. n The Contractor shall conduct his operations so as not to damage the integrity of the edge of the saw cut pavement. Any damage to the saw cut edge will be corrected by the Contractor by additional-cutting prior to the start of paving operations. Full compensation for conforming to the requirements of this article shall be considered as included in various items of work and no~additional allowance will be made therefore. 7-1.07 R]~+iOVE TRAFFIC ~CRIPES AND PA ~IENT M~ARKI~~CS. Traffic stripes and .pavement markings to be r~n~oved will be as shown ~on ~ plaris~ ° and as designated by the Engineer. Traf f`c stripes and pavement markings shall be~~~em~ve~~~o tie fullest extent possible from the p~vem~ent~by any method that does not materially damage the surface or texture of the pavement or surfacing. Where blast cleaning is used for the removal of painted traffic stripes and pavement markings, the area shall be shielded so that no material from the blasting operation, is allowed to enter the area that is open to public traffic. Sand or othez material-deposited on the pavement as a result of removing traffic stripes and markings shall be removed as the work progresses. Acc~lations of sand or other material which might interfere with drainage ~or might constitute a hazar~`~Fto traff will not be permitted, ~ : ~ ti. .Traffic stripes shall be removed before any change is made in the traffic. pattern.. ~ ~ ~ ~ ~ ~ ' ~ ~ Blast cleaning for removal of traffic stripes shall be feathered out to irregular and varying widths.~Pavement markings shall be removed by blast cleaning a rectangular area, rather than just lettering or markings, so the old message. cannot be identified. After removal of traffic stripes and pavement markings, a f og seal coat shall be applied in conformance with the provisions in Section 37, "Bituminous Seals," of the Standard Specifications and the following: In traffic stripe removal areas, the fog seal coat shall be applied over the traffic stripe removal area and to irregular and varying widths with are average width of 2 feet on each side of the blast cleanedtraffic stripe remove. area. In pavement marking removal areas, the fog seal coat shall be applied to the blast cleaned rectangular area. Full ccx~pensation for furnishing and applying fog seal coat as spe~~ fied herein shall be considered as included in the contract price paid per square foot for removal of traffic stripe and pavement marking and no sepa~:~:::t payment will be made therefor. Nothing in these special provisions shall relieve the Contractor f~~ D11:41411,18 -18- RR/lh his responsibilities as provided in Section 7-1.09, "Public Safety," of the Standard Specifications. M1aASUJ~'sMENT AND PAY~!~ENT. Quantities of traffic stripe removed will be determined by the width of the stripe plus 0.67-foot multiplied by the length of the stripe. The space between double traffic stripes will be measured as painted traffic stripe. Quantities of pavement markings removed will be determined 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 as remove traffic striping and .marking-shall include full compensation for furnishing all labor, materials, tools, equipment, signs and for doing all work necessary for removing existing striping as shown on plan and as directed by the Engineer. 7-1.08.. AD~TUST PULL BoX. Existing pull boxes shall be adjusted to grade in accordance with the provisions of Section 15-2.05, "Reconstruction," of the Standard Specifications, the details shown on the plans, and these special provisions. Fu11 compensation for raising pull boxes shall be considered. as in- cluded in various items of work and no additional allowance will be made there- fore. 7-1.09 CLIE,ARING AND GRUBBING. Clearing and grubbing shall conform µ to the provisions in Section 16, "Clearing and Grubbing," of the Standard Specifications and these special provisions. •a'~ Clearing and grubbing shall be~limited to those areas actually affected-. by the planned construction as directed. by the Engineer. 7-1.10. DUST C01V'TROL. It shall be the Contractor's responsibility to prevent a dust nuisance from originating from the site of the work as a result of his operations, or the traveling public, during the effective period of this contract. Preventative measures 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 J~~,~~~~ forth herein. PAXMENT. ~ ~ 11 compensation for conforming to the requirements Q~ r~ article shall be considered as included in the prices paid for the various contract items of pork and no addit~.onal compensat~.on will be allowed the~e:~~:~~ 7-1.1I E~'I~C~RK. Earthwork shall conform to the provisions ~ Section i9, "Earthwork,°' of the Standard Specifications and these special provisions. D11;41011.19 -19- RR/lh Section 4-1.05. "Use of Materials Found on the Work," of the Standard Specifications shall be amended to read as follows: Unless designated as selected material as provided in Section 19-2.07, "Selected Material," the Contractor, with the approval of the Engineer, may use in the proposed construction such stone, gravel, sand or other material suitable in the opinion of the Engineer as may be found in excavation. The Contractor will be paid for. the excava- 1 tion of such materials at the contract price for such excavation, }gut he shall replace at his expense with other suitable material all of that portion of the material so removed and used which was contem- plated for use in the work. The Contractor shall not excavate or remove any material from within the highway location that is not within the excavation, as indicated by the slope and grade lines, without written authorization from the Engineer. It is anticipated that there will. be 785 cubic yards of surplus material which shall become the property of the Contractor and shall be disposed of outside of the highway right of way in accordance with the provisions, of Section 7-1.13, "Disposal of Material Outside the Highway Right of Way," of the Standard Specifications. When asphalt concrete is to be placed on the grading plane, the grad- ing plane at any point shall not vary by more than 0.05-foot above ar below the grade established by the Engineer. Section 19-3.062, "Slurry Cement Backfill," of the Standard Specifications is deleted and shall not apply to this contract. The relative compaction limits specified in the second paragraph of Section 19-5.03 "Relative Compaction (95 Percent)," of the Standard Specifications are amended to the limits shown on the plans and typical cross- sections and shall be determined by: ASTM D1557-70, Method "C" Standard Test Method for Moisture-Density Relations of Soils ,using 10 lb. (4.5 Kg~ yammer and 18" (457mm) drop, Calif. Test Methods 216 ar 231. The subgrade must be smooth, uniform and true to the required grade, The estimated quantity of roadway excavation * [and imported borrow) shall be a final pay quantity in conformance with Section 9-1.015 "FINAL PAY QUANTITIES" of the standard specifications. 7-1,12 FINISHING ROAD~Y. Finishing roadway shall conform to the provisions in Section 22, "Finishing Roadway," of the Standard Specifications and. these special provisions, In addition to the conditions, provisions and requirements of Sectiorx 22-1.01, "Description," of the Standard Specifications, the following shall apply: The Contractor shall remove, from all affected areas, whether insi~~ ~r, outside. the project l~.~nits, all excess and/or objectionable material originating within the pr©j~ct limits and transported by public tr~~}.=~~~ or~by the Contractor's operations. The Contractor may ~ase any ~ thod, approved by the Engineer, that ;wa~:~:: not create a dust problem to .remove the excess and/or objectionable materia~'_ D11:41411.20 -20- RR/lh from the affected areas. However, in residential areas, when a broom is used, a self-contained, pick-up type, power broom with water distribution system shall be used. PA~!~1T. The first paragraph in Section 22-1.03, "Payment, " of the Standard Specifications, is amended to read: Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in finishing the entire project, including all ramps, connecting roads and streets, frontage roads, road approaches, and channelized intersections, whether inside or outside the highway right of way, and all other areas, whether inside or outside the project limits, affected by public traffic or by the Contractor's operations, all as shown on the plans, and as specified in the Standard 5pecif ications and these special provisions, and as directed by the Engineer, shall be considered as included in various items- of work and no additional compensation will be made therefor. 7-1.13 AGGREGATE BASE. Aggregate base shall be Class 2 and shall conform to the pprovisions in Section 26, "Aggregate Bases," of the Standard Specifications and these special provisions. Aggregate base shall be compacted to 95~ relative compaction. Compaction will be determined by the following test methods: California N®, J. California No. 231, or ASTM D1.55~7-70~, Method C. , . For verification purposes, the tonnage of compacted aggregate basQ be calculated from the dimensions shown on the plans, adjusted by the amount of any change ordered by the Engineer. 7-1.14 ASPHALT Co~JaR~~TE. Asphalt concrete shall be Type Band shall conform to the provisions in Section 39, "Asphalt Concrete," of the Standard Specifications and these special provisions. .Asphalt concrete shall be produced from commercial quality asphalt a aggregates. The spreading and compacting requirements in Sections 39-6.02, "Spreading,",and 39-6.03, "Compacting," of the Standard Specifications will nod apply. The asphalt concrete shall conform to the following requirements; 1. Asphalt concrete shall be produced at a central mixing plant. 2. Aggregate shall conform to the 1/2 inch maximum medium grad L ~ ~c. specified in Section 39-2.02, "Aggregate," of the Standard Specifications. 3. The amount of asphalt binder to be mixed with the aggregate be between 5.0 percent and 6.5 percent by weight of the dr~y;~ aggregate as determined by the Engineer. The fourth thra~;r~', seventh paragraphs in Section 39-3.03, "Proportioning," o Standard Specif icat? ons shah not app.l~r•e D11:41011.21 -21- Rl~,,'~:~`. 4. Asphalt concrete shall be spread in one operation with a self-propelled spreader ready for compaction without further shaping. 5. Compaction shall be performed with a tandom roller weighing not . less than 8 tons, J 6. The finished surface shall meet the straightedge requirements of Section 39-6.03, "Compacting," of the Standard Specifications. Where new asphalt concrete pavement is to conform to existing paved surfaces, the existing pavement shall be saw cut. The quantity of asphalt concrete to be paid for will be that quantity computed by using the dimensions of the actual area surfaced multiplied by the thickness specified on the plans for that area and by a weight of.145 ponds per cubic foot, of the actual quantity placed, whichever is the lesser. 7-1.15 Rc~AD6IDE 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. PAYMENT. Miscellaneous roadside signs shall be paid for:.:at the contract unit price for installing roadside signs (GSP Post). ?-1.16 STREET N~4ME SIC~IS. Street name signs shall conform to ~.he provisions in Section 56-2, "Roadside Signs," of .the Standard Specifications an{ these special provisions. Sign panels will be furnished and installed by the City. Mast-arm hangers will be. furnished ,and installed by the City. Street name signs will be installed by mast-arm hanger methods such as Hawkins M10J Series swinging sign bracket, with return spring removed, or acceptable equal. 7-1:17 MISCELI~iNEOUS CONCIE~~TE CONSTRUCTION. Portland cement concrete curbs, sidewalks, wheelchair ramps, cross drains, drive approaches, driveways and miscellaneous construction shall conform to the provisions in Section 73, "Concrete Curbs and Sidewalk," of the Standard Specifications ar~~:~ these special provisions. MEASUREMENT AND PAYMENT. . Quantities of minor concrete (median curb, 'Ripe "M" or "M-1" ~ s~~~~~. paid far at' the contract price per linear foot. Construction of concrete at end of median island shall be considered as inc~:uded in the price pai~~ 1 inear foot of minor concrete (mediae curb, 'pipe '°M" or "M-1" ~ arad no add compensation will allowed therefor. Quantities of minor concrete (wheelchair ramps shall be paid f~~_ the contract price per each wheelchair ramp. ti. D11:41011.22 -22- RR/lY. ?-1.18 TRAFFIC DELINEATION. Immediately after resurfacing operations or when directed by the Engineer, replace all obliterated pavement delineation with temporary delineation during the same work period, and in no case later t~~an 7:34 a. mi, following such work period. Temporary delineation consists of reflective traffic line tape applied in pieces not less than 4 inches long nor less than 4 inches wide, spaced no more than 20 feet apart on tangents and. no more than 10 feet apart on curves. Apply reflective traffic line tape in accordance with the manufacturer's instructions. Temporary delineation must be the samie color as the permanent delineation. Remove temporary delineation applied to asphalt concrete patches immediately prior to applying asphaltic emulsion tackcoat for asphalt concrete overlay. A striping plan will be made available to the Contractor when traffic delineation~is to be modified by the City. PAY~!'T. Full compensation for. traffic delineation shall be considered as included in the prices paid for the various items of work, and no separate payment will be made therefor.. SECTION 7-2 TRAFFIC SIGNALS, LIGHTING, SICCING, AND STRSPING 7-2.01 FOUNIaATIONS. Foundations shall conform,:to the provisions in Section 86-2.03, "Foundations," of the~Standard Specifications and :these special provisions. . The Contractor shall furnish the anchor bolts, nuts an~.-~~as~iers to be used for new foundations and shall furnish the appropriate nuts and washers for existing foundations to be reused. Portland cement concrete shall conform to Section 90-10, "Minor Concrete," of the Standard Specifications and shall contain not less than 470 pounds of cement per cubic yard, except for pile foundations shall contain not less than 564 pounds of cement per cubic yard. ?-2.02 CONDUIT. Conduit shall conform to the provisions in Section 86-2.05, "Conduit," of the Standard Specifications and these special provisions. Insulated bonding bushings will be required on metal conduit. Conduit shall be bored under existing street pavement unless open trenching is allowed by the Engineer due to poor soil conditions or other circumstances. 7-2.03 ,PULL BOXES. Pull boxes shall conform to the provisions in Section 86-2.06, "Pull Boxes," of the Standard Specifications and these- speci~i provisions. . Recesses for suspension of ballasts will not be required. '~-2.04 CONDUCTORS AND WIRING. Conductors and wiring shall can~:~.- the provisions in Section. 86-2.08, "Conductors," and Section 86-2.09, "Wir~.~~;~ of the Standard Specifications and these special provisions. D11:41011.23 -23- RR/lh CONDUCTORS -The Contractor shall use multi-conductor electrical cables for all circuits except between the service switch and controller cabinet. Only multi-conductor cable conforming to the following shall be used: 5 Conductor cable consisting of 5 No. 14 conductors colored 1 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 black stripe and white black stripe. 28 Conductor cable consisting of 1 No. 10 conductor colored white and 27 No. 14 conductors colored as indicated in the following conductor table for a single ring operation. i COND~JChOR TA►BI~ - _ . Insulation Colors Signal Phase Circuit or Function Base Stripe 2 & 6 Red, Yellow., Brown Black Vehicle 4 & 8 Red, .Yellow, Brown - Orange Signals 1 & 5 Red, Yellow, Brown Silver 3 & 7 ~ Red, Yellow, .B~~awn . ~ Purple _.r...~..._~ 2p & 6p- Red, Brown 2 B 1 ack Pedestrian 4p & 8p R,ed, Brown 2 Orange Signals lp & 5p Reds Brown - 2 Silver 3p & 7p Red, Brown 2 Purple 2p & 6p Blue ~ Black Pedestrian 4p & 8p Blue Orange Push Buttons lp & 5p Blue Silver 3p & 7p Blue Purple Pedestrian Push Buttons White B1aC'~ Common signal White Nor:; Railroad Pre-e tion Black Red Spare Black None u.w wow The cable sheath shall be polyethylene and the conductor insulation ~ ~.l be T~~pe T~~1N polyvinyl chloride. Subparagraphs 1, 2, 4 and 5 of the first paragraph of Section 8~-2 . ~ °'Splicing," of the Standard Specifications are deleted. Conductors shall be spliced by the use of "C°' shaped compression cannectors as shown on Standard Plan FS 13. Splices shall be ins'alated by "Method B." D11:41011.24 -24- RR/lh 7-2.05 SERVICE. Service shall conform to the provisions in Section 86-2,11, "service," of the Standard Specifications and these special provisions. Unless otherwise noted, service shall be as shown on the plans and shall be furnished with 100 amp, 240 volt, 3 pole main breaker and the following branch circuit breakers: No. Amps. Phase Volts Branch Metered 1 60 1 110 Traffic Signal Yes 2 30 1 110 Lighting No *3 30 1 110 Flashing Beacons Yes * Provided where flashin beacon is included with the traffic si al. g ~ The Engineer will arrange with the serving utility to complete service connections to service points shown on the plans and will pay all required costs and fees required by the utility. 7-2,06 TESTING. Testing shall conform to the provisions in Section 86-2.14, "Testing," of the Standard Specifications and these special provisions. The signal shall not b~ placed in flashing mode, with signal faces uncovered, prior to Functional Testing. FUNCTIONAL TESTING. All functional testing shall conform to the provisions is Section 86-2,14C "Functional Testing," of the Standard Specifications and the following paragraph: Functional test period is included in the number of working days to complete the project" as described in SECTION 4, "BEGINNING OF WaRK, TIME OF COMPLETION AND LIQUIDATED DAMAGES" of these special provisions, 7-2.07 SIGNAL FACES AND SIGNAL HIEADS. Signal faces, signal heads and auxiliary equipment, as shown on the plans, and the installation thereof, shall conform to the provisions in Section 86-4.01, "Vehicle Signal'Faces," 86-4.02, "Directional Louvers," 86-4.03, "Backplates" and 86-4,06, "Signal Mounting Assemblies,." of the Standard Specifications and these special provisions. Housing, visors, directional louvers and Backplates shall not be structural plastic. All lamps for traffic signal units shall be furnished by the Contractor. A11 signal faces shall be provided with. l2-inch sections. The. third sentence of the first paragraph of Section 86-4.06, °'Si~;~;: Mounting Assemblies," of the Standard Specif ic:ations, .shall be amended tU follows: Slip-fitters and terminal compartments shall be cast bronze or hot-dip galvanized ductile iron. t D11:41011,25 -25- RR/1'n 7-2.08 PEDESTRIAN SIC~~~LS. Pedestrian signals shall conform to the provisions in Section 86-4.05, "Pedestrian Signal Faces," of ,the Standard Specifications and these special provisions. . Pedestrian signals shall be Type C, and shall have energy efficient heads equivalent to Indicator Controls Corporation Model 4094B. a 7-2,09 LUMINAIRES. Luminaires shall conform to the provisions in Section 86-6,01, "High Intensity-Discharge Luminaires," of the Standard Specifications and these special provisions. Luminaires shall be furnished with 200-watt high pressure sodium lamps and integral ballasts, An in-line fuse shall be located in the pull box. 7-2.10 PHOTOELECTRIC CONTROLS. Photoelectric controls shall conform r 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 photoelectr~.cal control. 7-2.11 CONTROLLERS, CABINETS AND AUXILIARY EQUIPMENT. The Contractor will furnish the controller and cabinet assembly for each location. The Controller and associated ..components shall be: de 1 ivered .for to s t ~ ~A~J u to the Signal Maintenance office at the City Corporation Yard, 4101 Truxtun Avenue. y A11 equipment shall be in conformance w~.th the.Traffic Signal Control Equipment Specifications of the State of California, Department of Transportation, and all addendums thereto current at the time of the bid. Each item to be supplied ,shall have been included on the latest State of California,, Department of Transportation, Qualified Products List. Proof of such listing shall be included with the delivery of the controller for testing, The manufacturer's name and model number of each item shall also be included. The controller shall be a Type 170 Traffic Signal Controller equippe~~ with a 412-C ..Prom Module and Bi Tron Systems No. 200 Traffic Signal Control Program. Cabinet shall be Model 332 cabinet with Model 210 Conflict Monito~~, Model 204 flasher units and flash transfer relays. Isolation modules shall be Model 242, switchpacks shall be Model 2~~ and hp detectors shall be indicator controls Corp. Model 222 2-Channel dig~t:~ loop ref lector with serial part. The manufacturer's representative for the controller shall be pre~~ at the time of signal turn on. 7-2. ~.2 ~ DE~'EC°TOI~. Detectors shall conf®r~n to the provisicns Section 86-5, "Detectors,'g of the Standard SpeCi f ica~.ians and these specie provisions. Location and layout of detector loops s~~all be as directed ~~y Engineer. D11:41011.26 -26- RR/1~~ INSTALLATION DETAILS: Installation and tests shall conform to the details and notes shown on the plans. Unless shown otherwise each loop shall consist of 3 turns of conductor as specified in Section 86-5.OlA(4}, "Construction Materials." Slots cut in~the paven~nt shall be blown out and dried before installing inductive loop detectors. After conductors are installed in slots cut in the pavement, the slots shall be filled with epoxy sealant conforming to the requirements in Section 95-2.09, "Epoxy Sealant for Inductive Loops," to within 1/8 inch of the pavement surface. The sealant shall be at least 1/2 inch thick above the top conductor in the saw cut. Before setting, surplus sealant shall be removed from the adjacent road surfaces without the use of solvents. In lieu of the epoxy sealant specified above, slots may be filled with either of the following materials: _ 1. An elastomeric sealant conforming to the follawing:- The sealant shall be a polyurethane material. of a composition that will, within its stated shelf life, cure only in the presence of moisture. Seal~r~t shall be suitable for use in both asphalt concrete and Portland cement concrete, The cured seal.nt shah have the following performa~oe characteristics: Measuring Standard Property and Results And Conditions Hardness (indentation} - 65-85 ASTM D 2240 Res. Type A, Model 174E 77° F. (25° C, } 50~ relative hum~~-~ ~ ty. Tensile strength - 500~psi, rnin. ASTM D 412 Die C, pulled at 20 IPM, Elongation - 400, minimum ASTM D 412 Die C, pulled at 20 IP~1~ Flex at - 40° F. - no cracks 25 mil Free Film Bend (180°} over Mandrel. Weathering~Resistance -Slight ASTM D 822 weatherometer 350 Hrs, Chalking Cured 7 days at 77° F. (25° C.~ relative humidity. Salt Spray Resistance.- 500 psi, ASTM B 117 28 days at 100° F. (3~; minimum Tensile; 400, minimum 5~ NaCl, Die C, pulled at 20 elongation Dielectric Constant - Less than ASTM D 150. 25°~ change over a temperature range of -30 ° C. to 50 ° C. 2. Asphaltic Emulsion Inductive Loop Sealant shall conform tc California Specification 8040-O1A-~.5. D11:41011.27 -27- RR/1'~, Loop conductors shall be installed without splices and shall terminate in the nearest pull box. The loops shall be joined in the pull box in combination of series and parallel so that optimum sensitivity is obtained at the sensor unit. Final splices between loops and lead-in cable shall not be made until the operation of the loops under actual traffic conditions is approved by the Engineer. All loop conductors for each direction of travel for the same phase of a traffic signal system, in the same pull box, shall be spliced to a cable which shall be run from the pull box adjacent to the loop detector to a sensor unit mounted in the controller cabinet. Splices to the cable shall be made in pull boxes only. All loop conductors for traffic counters shall terminate in a pull box or terminal strip in the traffic count station cabinet when such a cabinet is installed. Conductors for inductive loop traffic signal and traffic counting installations shall be identified and banded, in pairs, by lane, in the pull box adjacent to~the loops and near the termination of the conductors~n the controller or traffic count station cabinet. Bands shall conform to the provisions in Section 86-2.09, nwiring." Identification of each conductor pair shall consist of labeling the phase and detector slot number (e.g. - 6J2L, 8J8U, 3I5U, etc.) in permanent ink on a tag suitable far such purposes (Stuart Electric Ty Rap, Catalog No. TY5532 or approved equal). If asphalt concrete surfacing is to be placed, the loop detector conductors shall be installed prior to placing the uppermost layer of asphalt concrete. The conductors shall be installed, as shown on~th~ plar~s,~~in the compacted layer of asphalt concrete i.m~ediately below the uppermost layer. Lnstallation 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 steal-i be sealed'v~ith epoxy sealant. , Lead cables shall be 'hype A lead-ins and shall conform to the provisions in Section 86-S.OlA(4), "Construction Materials," of .the Standard specifications and these special provisions. 7-2.13 GUARANTEE. The Contractor shall furnish a writtenguarantee to the City on the form attached, guaranteeing all systems, except traffic signal lamps, installed under this contract for a period of one (1) year from the date of acceptance of the work. The guarantee, properly executed, shall be filed with the City before notice of completion and final acceptance is made by the City of the work described on the plans and these special provisions. 7-2.14 PAYMENT. Payment for signals and lighting shall conform to the provisions in Section 86-8, "Payment", of the Standard Provisions and these special provisions. Full compensation for cast-in-drilled hole concrete pile foundation shall be considered as included in the contract lump sum price paid for the requiring foundations and no separate payment will be made therefor. D11:41011.28 -28- RR/lh 8040-41A-15 STATE OF CALIFORNIA Specification Asphaltic Emoulsion Inductive Loop Sealant 1, o scoPE This specification covers a one component, pourable sand filled, asphaltic emulsion for use in sealing inductive wire loops and leads imbedded in asphalt and Portland cement concrete. This sealant is suitable for use in freeze-thaw environments. 2.0 APPLICABLE SPECIFICATIONS The following specifications, test methods and standards in effect on the opening date of the Invitation to Bid form a part of this specification where referenced: American Society for Testing and Materials D2939, D2523 California Test Method No. 434 California Department of Transportation Standard Specifications 1981 State of California Specification 8010-X~~X-99 Inspection, Testing and other Requirements for Protective Coatings Code of Federal Regulations, Hazardous Materials and .Regulations Board, Ref. 49CFR. 3.0 REQUIREMIE~ITS 3.1 Composition The composition of the loop sealant shall be a sand filled, pourable, water emulsified bitumen. It will be the manufacturers responsibilltt~ to produce a one-component product to meet the properties specified herein. 3.2 Characteristics of the Sealant 3.2.1 Residue by evaporation, weight percent ?0 Mininun .Use ASTM D2939 3.2.2 Ash content, weight percent 50 to Use ASTM D2939 D11:41011.29 -29- RR/lip Asphaltic Er~ulsion Inductive Loop Sealant 8040-41A-15 3.2.3 Firm set time, hours, 4 maximum test at one hour intervals, use ASTM D2939 a 3.2,4 Brookfield viscosity, Poise 50 to 125 RVT Spindle #3, 10 RPM at 75 + 2°F. 3.3 Properties of the Dried Film 3.3.1 Flexibility, No full depth Use ASTM D2939, except air dry specimens to cracks constant weight at 75 ± 5°F. and 50 + 10~ relative humidity. Condition mandrel and specimens 2 hours at 75 + 2°F before test. Use aluminum panels, 0.03 inches thick (Q panel or equal. 3.3.2 Tensile Strength, psi, 20 minimum cast sheets 0.25 inches thick and air dry at . 75 + 5°F, 50 + 10~ relative humidity for minimum of 16 hours. Load rate 0.05 inches/minute, use A5TM D2523. 3.3.3 Elongation, ~ 2.0 minim~~n Sane conditions ae - 3~.~3.2 use ~ASTi~ D2523 3.3.4 Slant-shear strength to concrete, psi,; 150 minimum, Use California Test Method No. 434, Part VIII. Space with no loss damp blocks with 0.25 inches between slant faces, seal of adhesion to sides and bottom with tape and f ill with the well stirred-~~-=~ t~~ancrete sample, strike off the excess: Dry in 140°F oven ~o constant weight and condition l day at 75 ± 2°F before testing. Load rate to be 5040 lbs/minute.. 3.3.5 Resistance to water No blistering, Use ASTM D2939, Alternative B re-emulsification or loss of adhesion 3.4 Workmanship 3.4.1 The sealant shall be properly dispersed and any settling shall be easily redispersed with minimum resistance to the sideways manual motion of a paddle across the bottom of the container. It shall f_orm.. L~ smooth uniform product of the proper consistency. If the material cannot be easily redispersed due to excessive settlement as descrz'~~ above or due to any other cause, the sealant shall be considered u~f. for use. D11:41011.30 -30- RR/l~ I Asphaltic Emulsion Inductive Loop Sealant 8040-41A-15 3.4.2 The sealant shall retain all specified properties under normal storage conditions for 12 months after acceptance and delivery. The vendor _ shall be responsible for all costs and transportation charges incurred in replacing material that is unfit for use. The properties of any replacement material, as specified in Paragraph 3.0, shall remain satisfactory for 12 months from date of acceptance and delivery. 3.4.3 The sealant shall comply with all air pollution control rules and regulations within the State of California in effect at the time the . sealant is manufactured. 4.0 QUALITY ASSU]~ANCE PRaVISIONS 4.1 Inspection This material shall be inspected and tested in accordance with State of California Specification 8010-XXX-99, or as otherwise deemed necessary. 4.2 Sampling and Testing Unless otherwise permitted by the Engineer, the material shall be sampled at the place of manufacture and application will not be permitted until the material has been approved by the Engineer.. 5.0 PREPARATION FOR DELIVERY 5.1 Packaging The sealant shall be prepared in a one package system ready for application. The material shall be furnished in container size as specified in the purchase order or contract. If ordered in 5 gallon size the containers shall be new, round standard full open head with bails, shall be nonreactive with. the contents, and shall have compatible gaskets.. The containers shall comply with the U.S. Department of Transportation or the Interstate Commerce Commission regulations, as applicable. 5.2 Marking All containers of material shall be labeled showing State specification number manufacturers name, date of manufacture and manufacturers batch number. The manufacturer shall be responsible for proper shipping labels outlined in Code of Federal Regulations, Hazardous Materials and Regulations Board, Reference 49 CFR. D11:41011.31 -31- RR/~ ~ Asphaltic Er~ulsion Inductive Loop Sealant 8040-41A-15 6.0 NC7TES 6.1 Directions for Use Saw cuts shall be blown clean with compressed air to remove excess water and debris. The sealant moust be thoroughly stirred before use and hand poured into the slots.. Due to the sand content of this material, pumping is not recommended. Any clean up of road surface or tools can be done with water, before the sealant sets. 6.2 Patents The. Contractor shall assume all costs arising from the use-of patented materials, equipment, devices, or processes used on or incorporated in the work, and agrees to indemnify and save harmless the State of California, and its duly authorized representatives, from all suits at law or act ion of .every nature for, or on account of , the use of any patented materials, equipment, devices or processes. 6.3 Certificate of Compliance The manufacturer shaal furnish a Certificate of Ccx~pliance ~ with each batch of sealant, in accordance with the provision of Section 6-1.07 California Department ofTransportation Standard Specificat-ions, January 1981. t' D11:41011.32 -32- RR~1 PROPOSAL FOR TJ~AFFIC SIGNAL SYSTEM ON ALLEN ROAD AT STOCKIDALE HIGHWAY To the Cit Clerk of the City of Bakersfield: Y The undersi ned, as bidder, declares that the only persons or parties g ' crested in this roposal as principals are those named herein; that this pro- int p is made without collusion with any other person, firm or corporation; that posal h has carefull examined the location of the proposed work, the annexed pro- e Y form of contract and the plans therein referred to; and he proposes and posed s if this ro sal is accepted, that he will contract with the City of -agree p po f field in the rescribed form of contract hereto annexed, to,provlde all Bakers , p .machine tools, apparatus. and other means of construction and to do necessary rY~ ~ rdance with the plans and spe- all the work and furnish all the materials in acco ' ions for the above, filed in the off ice of the Finance Director of ,the cif scat it of Bakersfield and as specified in the contract, in the manner and time , C Y to the re irements of the Engineer as therein therein prescribed, and according Qu , set forth, and that he will take in full payment therefor the unit prices or lump sums set forth in the following schedule: ' rther a rees that in case of default in executing-~~ The undersigned fu g ludin the re fired contract, with necessary bonds, within ten,{10} days, not fine g Sunda after having received notice that the contract is ready for signature, y~ nd ace n in his bid shall become the pro- the proceeds of the check or bid bo ova Y g perty of the City of Bakersfield. . Bidder acknowledges receipt of the following addendum: ITIIK UNIT PRICE E;~TENSION IT~I ESTIMATED UNIT of N0. ANTITY N~~ASURE { in figures) PRICE 4~ {in fi res} 1 1 LS Traffic Signal and Lighting. System 2 360 LF Minor Concrete . (Median Curb, Type "M' or M-1} . 3 295 TON Asphalt Concrete, Tripe B . SIGNED Bidder Page 1 of 2 11.33 -33- RR/lh D11.410 ITEM ESTIMATED UNIT OF ITEM UNIT PRICE E;KTEI~ISION N0. QUANTITY MEASURE (in figures PRICE (in fi res} 4 580 TON Aggregate Base, Class II 5 1 LS Wheelchair Ramp 6 1 LS Install Flashing Beacon. 7 16 EA Install Roadside Signs (GSP Post) 8 1030 CY Roadway Excavation 9 1150 S~' Remove Traffic Striping and Marking TOTAL SIGNED Bidder Page 2 of 2 D11:41011.34 -34- RR/lh The Extension Price has been calculated by multiplying the Estimated Quantity by the Unit Price, In the case of lump sum items, the Estimated Quantity shall be unity. The Bid Total is the sum of all Extension Prices. Bidder agrees that in case of any discrepancy between the Unit Price(s) and the respective Extension Price(s) and/or the Bid Total, the Unit Price(s) shall prevail, and the bid su}~nitted shall be the correctly computed sum of all correctly computed Extension Prices, provided, however, if the amount set forth as a Unit~Price is unintelligible or omitted, then the amount set forth in the Extension Price column for the item shall be used to determine the correct Unit Price in accordance with the following: (1) As to lump sum items, the amount set forth in the Extension Price column shall be the Unit Price. (2) As to unit basis items, the amount set forth in the Extension Price column shall be divided by the estimated quantity for the item and the price thus obtained shall be the Unit Price. LIST OF SUBCONTRACTORS All persons or parties submitting a bid proposal on the project shall complete the following form, setting forth the name and the location of the mill, shop or office of each subcontractor who will perform work or labor or render service- to the Contractor in or about the construction of the work or improvement in excess of one-half of one ~1$) percent of prime Contractor's total bid, or TEN THOUSAND DOL]L~~RS ($10,000}, whichever is greater, and the portion of the work which will be done by each subcontractor. This list is to be completed and submitted with said bid proposal. Subcontractor's Name Description of portion and Street Address. (City, State, Zip) .of work subcontracted (attach additional sheets if needed) If this proposal is accepted and the undersigned fails to execute the aforesaid contract and to provide surety bonds and evidence of insurance acceptable to the City as is required within eight (8) days, not including Saturdays, Sundays and legal holidays, after the bidder receives notice from the City that the contract is ready for signature, the City may, at its option, determine that the bidder has abandoned the bid proposal and the bidder's security shall be forfeited and shall become the property of the City.. City shall then be free to accept the bid of another bidder. SP.LOSC [This form shall be canpleted b'Y all Bidders and submitted w___th the Bid] ~FIC SIC~VAL SYSTEM ON ~ ROAD AT STOCKIaALE HIC~Y NONCOL~LUSION AFFII~A~vIT TO BE EXE~D BY BIDDER AND SUBMITTED WITH BID State of California ) ss: County of ) _ , being first duly .sworn, deposes and Nacre says that he or she is of Title COY 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; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly., sought by agreement, co~nunication, or conference with anyone.to fix the bid price of the bidder or any other bidder,. or to fix any overhead, profit, or cost element of the bid price, or of .that of any other bidder, or to secure any advantage against the public body .awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price. or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or ,paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, on to any member or agent thereof to effectuate a collusive or sham bid." Signature of Bidder Business Address Place of Residence Subscribed and sworn to before me this day of , 19`. Dll:SP.NCATR Accompanying this proposal is (NOTICE: Insert the, words "cash "cashier's check," "certified check," or "bidder's bond," as the case may be), in amount equal to at least ten percent. of the total of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: INIP4~~~NT NOTICE If bidder or their interested person is a corporation, state legal 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 copartners composing firm; if bidder or other interested person is an individual, state first and last names in full. • • • • . • • • • • • • • • • 0 • • • • . • • • • • • • • • • . • • • • • • . • • . • • • • • , • . • • • . • • . • • • • • • • • • • • . • • . • • Licensed in accordance with an act providing for the registration of Contractor's License No. SIGN HERE Signature of Bidder NOTE--If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a copartnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the copartnership; and if bidder is an .individual, his signature shall be placed above. If signature is by an agent, other than an officer of a corporation or a member of a tnership, a Po~ver of Attorney must be on file with the City Clerl~ of the City of 8akersf field prior to opening bids or submitted with the bid.; otherwise, the bid will be disregarded as irregular and unauthorized. Business Address Telephone No. Place of Residence Dated 19..... SP.BIDNOTC BIDDER'S BOND TO ACCAMPANY P~P~aSAL (Not necessary if cash or certified check is with bid) KNOW ALL MEN BY THESE PRESE~~'T'S That we as principal, and as surety, are held and firmly bound unto the City of Bakersfield, a body politic and corporate of the State of California, in the sum of dollars to be paid to said City, for which payments, well .and truly to be made; we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH: That, if the certain proposal, hereunto annexed, to construct TI~AF'FIC SIGNAL SYSTEM ON ALLEN ROAD AT STOCKIaALE HIGHWAY in the City of Bakersfield as referred to in the NOTICE TO CI~~TRACTORS attached hereto, is accepted by the Council of said City and if the above bounden principal,, heirs, executors, administrators, successors and assigns, shall duly enter into and execute a contract, to construct said improvements aforementioned, and shall execute and deliver the two bonds required by law, within ten days (not including Sunday) from the date of a notice to the above bounden principal, that said contract is ready for execution, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. r IN WITNESS WHEREOF, we have hereunto set our hands and seals this ~ day . of ~ , 19 o (Seal) (Seal) (Seal) n~ ~ • RT n _ Pane 1 of 2 A.O.J6 J6 a J..T.A. A.F W &-ff %WFJ6 16 Aff M. A. STATE OF CALIFORNIA ) ) ss. CO1J~ITY OF ) On this day of 19......, before me, a notary public in and for the County of State of California, personally appeared % / personally known to me / /proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument as the Attorney in Fact of and acknowledged to me that he subscribed the name of ..........................................thereto as surety, and his awn name as Attorney in Fact. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public in and for said County and State BID.BONDl Page 2 of 2 BBU/lh GUARANTEE TRAFFIC SIC~IAL EQUIPMENT 4 CITY OF BAKERSFIELD Department of Public works 1501 Truxtun Avenue, Annex Building Bakersfield, California 93301 In accordance with the terms of Contract No. , for: T]~AFF IC SIGNAL SYSTEM ON ALLEN ROAD AT STOCK]~ALE HIGHWAY , awarded on , between the City of Bakersfield {hereinafter referred to as the City), and the undersigned, which contract provides for the installation of lighting and/or traffic signal system , and under which contract the undersigned has furnished and installed such system, the following guarantee of the said system is hereby made. Should any of the equipment installed pursuant to said contract., except lighting elen~nts, prove defective or should the system as a whole prove defective, due to faulty workmanship, material furnished, or method of installa- tion, or should said system or any part thereof fail to operate properly, as planned, due to any of the. above causes, all within Oyear after date on wh.i~, said contract is accepted by the City, the undersigned agrees to reimburse the City, upon demand, for its expenses incurred in restoring said systems to the condition contemplated in said contract, including the cost of any equipment e;,~ materials replaced, or, upon demand by the City; to replace any such equipment and r-epair said systems con~letely-without cost to the City, so that. they will operato successfully as originally conte~lated. The City shall have the option to make any needed repairs or replace- ments itself or to have such replacements or repairs done by the undersigned, Prior to such replacement or repair work being done by the City, the undersigned shall have the option to make any needed repairs or replacements. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall comu~ence to be made and such materials as are neC-- essary shall co~nence to be furnished and installed within Twenty°Four {24) hours. of the date specified in the City's written notification. Contractor shall prosecute with due diligence to complete the work within a reasonable period. of time, as specified in the City's written notification. Said system will be deemed defective within the moaning of this gu{~~-- antee in the event that they fail to operate as originally intended by the ~~.r - facturers thereof and in accordance with the plans and specifications includ~uc in said contract. Date Contractor's Signature Firm Address 4 D11:G.TSETR GUARANTEE MATER[AL AND WnRIf~ANSHIP CITY OF BAKERSFIELD Department of Public Works 1501 Truxtun Avenue, Annex Building Bakersfield, CA 93301 In accordance with the terms of the Contract for: TRAFFIC SIC~~IAL SYSTEM ON ALLEN ROAD AT STOCKIDALE HIGHWAY , awarded on , between the City of Bakersfield (,hereinafter referred to as "Cityn), and the undersigned, which contract provides for the installation. of and other facilities and under which contract the undersigned has installed such facilities, ,the following guarantee of the said facilities is here~i made: When the project is completed and accepted, we guarantee the same to be free from imperfect workmanship and/or materials, and we~ agree to repair and/or replace at our own cost and expense, any and all such work, and/or materials which may prove defective in workmanship or materials within a period of one (1) year from the date of acceptance of the above named construction project, ordinary wear and tear or neglect excepted. We also agree to repair and/or replace, at our awn .cost and expense, any work and/or materials that~we~may disturb or displace in making good such defects. Within twenty-four (24) hours- after being not~f ~ie~ = ~n~ writing by the City or~ they City's representative, or the ager~~ of either of them, of any defects= in sand -work or maters-ls~, we~~ acme to commence and prosecute with dui diligence, all work necessar~~~t~~~~ .fulfill the terms of this guarantee and to complete the work within a reasonable period of time,. and in the event of our failure to so comply, we collectively and expressly do hereby authorize the City and/or the City's representative, or the agent of either of them, to proceed to have such work done at our expense and we will honor and pay the cost and charges therefor upon demand, This guarantee is made expressly for and runs to the benefit of bot?~ the City of the above mentioned construction project and the City's representative, and shall be enforceable by either of them., DATED Contractor's Name Authorized Signature Dl1~G°WKMSHPTR CONTRACT N0. TRAFFIC SIC~IAL SYSTEM ON ALLEN ROAD AT STOCKIaALE HIGHWAY -CITY OF BAKERSFIELD THIS AGREEMENT, made and entered into this day of , 1989, by and between the CITY OF BAKERSFIELD, a municipal corporation, hereinafter called "City," and ,hereinafter called "Contractor"; WITNESSETH: WHER]AS, City has duly advertised for sealed proposals far within the City of Bakersfield. On the day, of , 1989, the contract was awarded to Contractor upon his properly executed bid; and ~kiEREAS, one of the conditions of said .award required a formal contract to be executed by and between City and Contractor, Nt7W, THEREFORE, it is mutually agreed by and between the parties hereto as follows: ARTICLE I Contractor agrees to furnish supplies, equipment, labor. and materials for ~ , within the City of Bakersfield. . ARTICLE II _ _ , The following shall be deemed to be part of this contract as if fully set forth herein.: 1. Notice to Contractors 2. Special Provisions 3. Bid Proposal 4. Bidder's Bond 5. Performance ,Bond 6. Material and Labor Bond 7. Letters of transmittal, if any 8. All provisions required by law to be inserted in this contract whether actually inserted or not. 9. Hold Harmless Agreement 10 Current DAS 7 (if required by Specifications) D11: C0NTR.ITR -1- CONTRA~''~ IN WITS WIE~~REOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. CITY OF BAKERSFIELD BY Mayor (N~~ME OF CON:CRACTOR~ By Contractor APPItwED AS TO .FORM: . By City~Attorney COIU~ITERSIGNED: BY Finance Director D11: CONTR. 2TR2 -2- CON'~y~~_~ ' ~u~~4. xo~ x~~LESS AGREEr~ENT CITY OF BAKERSFIELD IT IS x]EREBY AGREED that ,agrees to indemnify and hold harmless the City of Bakersfield, its agents, employees or any other persons against loss or expense including attorneys fees, by reason of the liability imposed by law upon the City, except in cases of the City's sole negligence, for damage because of bodily injury, including death at any time resulting therefrom, sustained by any person or persons, or on account of damage to property arising out of or in consequence of agreement name) IT IS FURTHER UNDERSTOOD AND AGREED that the Contractor shall fat the option of the City), defend the City of Bakersfield with appropriate counsel any shall further bear all costs and expenses, including the expense of counsel, the defense of any suit arising hereunto. . ~ ; a, IaATED ~ 4 Contractor's Name Authorized Signature ti. ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION THIS ESCl~1 AGREE~!9EN'T is made and entered into by and between CITY OF ~RSFIELD, a municipal corporation, hereinafter called "Owner," whose address is , and hereinafter called "Contractor", whose address is and hereinafter called "Escrow Agent" , whose address is~ For the consideration hereinafter set forth, the Owner, Contractor, Escrt~v Agent agree as follows: 1. Pursuant to Section 4590 of Chapter 13 of Division 5 of Title l the Government Code of the State of California, Contractor has the option to . o deposit securities with Escro~! Agent as a substitute for retention earnings required to be withheld by Owner pursuant to-the Construction Contract entered into between the Owner and Contractor f©r~ in the amount of ~ dated (hereinafter referred to as the "Contract"). When Contractor deposits the securities as a substitute Contract earnings, the Escrow Agent shall notify the Owner within ten (10} dais of the deposit. The market value of the securities at the tines of .the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor, Securities shall be held in the name of and shall designate the Contractor as the beneficial owner. 2, The Owner shall make progress payments to the Contractor for funds which otherwise would be .withheld from progress payments pursuant to t~,. Contract provisions, provided that the Escrow Agent hold securities in the f:_~- and amount specified above. 3. Alternatively, the Owner may make payments directly to Escrr:~~~,~ in the amount of retention for the benefit of the Owner until such time as escrow ~reat~d hereunder is terminated. -1- 4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the escrow account. These expenses and payment terms shall be determined by the Contractor and Escrow Agent. ^ 5. The interest earned on the securities or the money market accounts held in escr~a and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization, from Owner to the Escrow Agent that owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The (xmer shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. 8. Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.. 9. Escrow Agent shall rely on the written notifications frog the Owner ~ and ~ the~~ Contractor pursuant to Sections (4) ? to ~ 6) , inclusive, of thins agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities-and interest as set forth above. . 14. The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures,. are as follows: on behalf of Owner: On behalf of Contractor: Title Title Name Name Signature ~ Signature Address Address . On behalf of Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. Owner Contractor Title ~ Title Name Name Signature Signature -3- A-EAFSD