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1989 Special Provisions Project 41012
COPY N0, CITY OF B~~I~ERSFIELD CALIFORNIA SPECIFICATIONS INFORMATION TO BIDDERS SPECjAL PROVISIONS BID PROPOSAL FOR T~~AF'FIC SIGNAL. SYSTEM 0~ AUBURN STREET . ~ § A?' FAIR~`'AX ROAD ~ S ~9 _ 9~ BTD DATE: J.A~iUARY 19, 1989 ~~~~~~~~5~~~~§~~~~~5~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~9~~~5~~ D~PART~T of P~$Lic Res CITY OF B~~KERSFIELD, CALIFORNIA 1501. TRU~'TIJN AV~~NtJE F~~KERSr""TEED, CALIFORNIA 93301 D3:1:41012 CITY OF B,~KERSFIELD DEPARTMENT OF PUBLIC ~~4RK5 NOTICE To C4NTRACT4RS SEALED PROPOSALS will. be received by the City of Bakersfield at the Off ice of the Pu~~chas-ing Officer, City Hall, 151 Truxtun Avenue, Bakersfield, California, until 2:fl0 o'clock P.~~~. on Janua 19, 189 to be publicly opened and read immediately thereafter, for thelowing work Traffic Signal System on Auburn Street at Fairfax Road. P~.ans and specifications, and forms of proposal, bonds, and contract, may be obtained at the off ice of the Purchasing off ices by posting a refundable deposit of No Dolls.rs ~ ~0. ~0) for each complete set.. Refund of deposit will be rude provided the plans-and specifications are returned to the Purchasing 4f f ice~.~ within ten ~ 1~) days from date of bide opening and the docu~ents are in reasonable good condition. ~o bid will be considered unless it is .de on a proposa? for~~n furnished by th.e Purchasing Officer, which appears herein irrnnediately fo~.lc~►'ing the sped- ficatinns of axe project, and is made. in accordance ~vith the provisions set forth under section 2~ ":Proposal Requirements and Conditions." oz the Standard Sp~ca.f~;a~.ions cf the I~partnt of Transportation usiness & Transpor~ation Agency., Statc of Calif ornia, under dale of July, , 198 Each b~.d mint be a~;cc~~n- par~i ~d by a proposal guarantee in accordance withJ~..t ~ re rsments ~f attic ze 2-1, of the said Section 2 of the.. Standard Spec~f catiora~. The City of Bakersfield rzserves the right to re jest any or all ~?.ds. Bids are required bn t~'~e entire work described herein. Subs~itu~io~n of securities for moneys retained to ensue perforrnce shall be permitted pursuant to the provisions and requirements of vover~~ment Code ~~90. The eligible secl~rities include interest bearing demand deposit accounts.., standby letters of credit, or any other security agreed-to by the Contractor and the City of Bakersf field.. The request for substitution of securit~.es to be deposited shall be submitted on the form entitled "Eecrow agreer~en~ for: Security. Depasits in Lieu of Retention" included in the back of these special provisions. 'The C~ntr~ctor nest possess a valid ~~.~s~..A or Mass C~-14 Contractor's License at the tir~~e this contract is awarded, ~~E'CIFICATI4~1S: The work er~araced herein shall be done in accordance with the Standard S~ecif ications of tine partr~ent of Transportation, Business . and Transportation Agency, .dated July, ,,,~:~9 8 4 ; ~ ir~sof ar as the same may apply and in accordance .with the following provisions D3:1:411.2.1 1 GG:wrn PRc~C~ESS of THE t~RK AND TIME FOR COMPLET~oN, Attention is directed to the px°ovisiens of Section 8, 8-1.03, "Beginning of ~~~ork, " Article 8-1.0~, "Time of Completion'' and. Article- 8--1.07, "Liquidated Damages,'' ~=~=;Standard , , Spec~.~~.cazlons, and is specif~.cally Hereby made a part of these ~ pedal provis~.ons. ti.:N..~ The first paragraph of Section 8-1..03, "Beginning of r+~ork, " of the Standard Specifications, is amended to read: The Contractoz~ .shall begin work within f if ~~een ~ 15) days after. receiving written notice the contract has been approved by the City Council and to proceed. The Contractor shall diligent~,y prosecute the. same to completion before the expiration of 30 working days, Contract working days will con~nence from tiZe date the contractor begins work or the 15th calendar day from. the date of the written notice to proceed, whichever comes first. .The Contractor shall furnish the Engineer with a statement from. the .vendor ..that the cyder for the electrical materials required for: this contract has been received and accepted by .said .vendor, and said statement shall be furnished within fifteen ~15~ calendar days-from the dale of the contract. Said-statement shall show: the date or dates the el~ctr~.cal materials will be shipped. No ~vork shall begin on the project unril all components necessary for apezation of the signal system are on 'nand 'line Contractor will be granted an extension of .:time and will not be assessed with liquidated damages or the cost of engineering and inspection for=any portion of the delay in cdmp~lztion ~f the work caused by manufacturing tune. 1'he n~unl~r of days extension shall be e ~vorking days between ~~n.e date as dete~.~rnined` according to Special Provisions Section 4-1.01 and -the date of~ ~°eceipt Uf .all components a~ determined by the Engineer. Upon receipt of all components, the Contractor s'na1.l notify ~~~.e Engineer in ~vriting and the engineer will order start of work in writing. Ful compensation for conf o~nng to the re~u cements of abotiTe paragraph ..shall.: be considered as included in the :prices paid for the carious iter~~s of work ar~d no additional allowance w i l 1 be made t~'~e re f or , D3 :1:41012.2 -~2- CG:wrn CITY OF HAKERSFIELD, CALIFORNIA . DEPARTMENT OF ~PUBLIC_ ~~10RKs sECTION 1. PROPOSAL REQUI~Er~IENTS ~a} GENERAL TNFORMATION, The Purchasing Officer o~ the City of Bakersfield, California, will receive at her, office, City Hall, ~n said City, until 2 o'clock P.~~. on January. 19, 189 ~ sealed proposals .for '~3AFFIC SIGNAL sY~TEM ON AUBURN ~TRFET AT FATRFA~ ROAD fib) °ROROSAL FOR~~I. All .proposals must be made upon blank-forms to be obtained from the.. Purchasing Officer, the .form of which appears herein i~unedi- ately following these specifications. All proposals mustgive tine prices pro- .posed, both in writing and figures, and must be signed by the bidder, with his address. If the proposal is made. by an individual, his name and post office address must be Shawn. If made by a firm or partnership, the name and post office address of each member of t~'~e firm or partnership must be shown.. If made by a corporation, the proposal must show the names of the state under the laws of which the corporation has chartered. and the names,,' titles, .and busi- ness addresses. of the president, secreta~.y and treasurer.. c) ~3IDDER' s GU~i~ANTEE . All bids shall be ,presented under sealed. cover-and shall be acCC~mpaned by a certified check or bid bcnd made, payable _ to the City o~ Bakersfield, for an amount equal to at least ten percent (loo o~ the a~~oun~ of said bid, and no bid shall be considered unless such cent- fled check or bid bond is enclosed ~ t:herewth. d } RETU~~ OF BTDDER' S GL~A]~~ITIES . Z~thin ten ~ 10 } days of tear the awdrd o~ t~~e contract, tie City of Bakersfield gill return the proposal gu~rantwies acoo~panyinr~ such of the ;proposals as are nat to considered in f making the award. All other proposal guaranties ~~ill h~:id u~itil the con- tract has begin f inaily executed, after. ~ahch they will be returned to the reepoctive bidders whoee proposals they....accoany. - Vie) CONTRAC'~ BANDS. The Contractor shall furnish two good and:suffi~ c i e n 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 ~1Q0o) of the contract price. "The other of the said ..bonds shall be in anamount o~ fifty percent ~ 50 0 } of the contract price and shall be furnished as required by the.te~ of an act entitled: "An act to secure the payment of the. claims of persons employed by contractors upon public works and the claims. of persons who furnish materials, supplies, tea~~s, ir~plements, or machinery used. or consumed by such contractors in the perforr~ance of such works, and prescribing the duties of certain public. officers with respect thereto, approved ti~ay 119, as amended. F or~ns ©f fonds required may be obtained at the office of the City Attorney. D3a1:41012.3 -3- ~ GG;wrn G~henever any surety or sureties o~~ any such bonds, or on any bonds required by law for the protection of the claims of laborers and material men, become insufficient, or the Mayor has cause to believe that such surety or sure- ties have becor~e insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that origi- nally required, as is considered necessary, considering the extent of the wore remaining to be done. Thereafter no payzrtent shall be made upon such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished. ~ f ~ EJECTION of PROPOSALS CoI~TA.~NTNG ALTEPATI©N5, EPAS~P~S OR IPREGUI~~RtTIE5. Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids., era- sores or irregularities of-any kind. Proposals in which the prices. obviously are unbalanced may be rejected. The right is reserved to reject any and all proposals. {g ~ A~WARJ OF CONTRACT.. T'ne ward of the .contract, if it awarded, °~ill be to tl'~e lowest responsible bider. The language "responsible" refers to not only the attribute of trustworthiness, but also to the quality, fitness and capacity of the Iow bidder to satisfactorily perform the work. ..:.The ward of the contract will be ~~ade witn~.n forty-f ivy t 4~ ~ ,days - after the oper~.inc~ of the proposals unless extension is approved ~y the lowest responsib e bidder. { h ~ E~~ECU"I'ION - Off' CON'~RACT. The contract shat I be signed by the successful bidder and rsturned, together with t~~ contract bons tr..in ten {1~4 days, not including Sundays,. of ter. the bidd`L has ~ received net~.Ce that the contract-has been awarded. Nd proposal. shall be donsidered binding upon the . City untl~~the sXecuten ~f the contract. All contracts. shall be considered as bei.~g made and entered into in the City of Bakersfield, California. Failure to execute a contract and file acceptable bonds as provided .herein within ten {10) days,. nat inc~.udng .Sundays., .after t~~.e bidder has received notice that the. contract has been awarded, shall. be just cause -for the cancellation of ti~~ a~►~ard and the forfeiture of the proposal guaranty . {i} E~~AMINATIONS OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF ~~K, The. bidder is required to examine carefully trle site of, the proposal, plans and specif icationS, and contract forms for the work :contemplated, anc~ it will be assumed that the bidder has investigated and is satisfied as to the conditions to ~e erlcounter~d,: as to the-character, quality, and quantities of work to be performed and materials to be furnished, and as to the require~ents of :the specifications, the special provisions, .and the contract... zt is .mutually agreed that the submission of a proposal shah. be considered. prima facie evidence that the bidder .has made such examination. D~:1:4101.2.4 -4- GG:wrn SECTION 2. sC~PE oF' ~1~RK (a} ~;~K TO BE DONE. ~e work to be done consists of turnishin all g labor, materials, methods and processes, im~lerr~nts, tools and machine , exce t rY p as otherwise specified, which are necessary and required to construct the pro posed Improvements, as designated in the contract. (b} ALTERATIONS. By mutual consent in writing of the artier si na- p g Cory to the contract, alterations ar devlatlon, Increases or decreases, adds- tions or omissions, in the plans and specifications, may be made and the-same shall in no way affect ar make void the contract. The City o~ Bakersf ie~d reserves e night to increase or decr`ase the quantity of any item or .port ion of .the. work , or to omit port ions of the work as may be deemed. necessary or expedient by the Engineer. (c} EX'yC~A wORK. New .and unfc~res~en work will be classed as extra work when such work cannot. be .covered by any of tho various. items ar combination of items f car which there is a bid price. . The contractor shall co no extra work except upon written order from the Engineer. I'or.such extra wore the contractor shall receive payment as r~° p viously agreed upon in writing, or he shall be paid on force account. (d} REMOVAL OF OB~TR~JCTIONS. The contr~ctor.:.shall remove. and dis are p of all structures; debris, or other obstructions ~ o~ any character of the core struction of the street ar road, if and as required b the. En inee~. y g The- contractor shall. remove and dis~pos~ of all trees designated b r tine Engineer as obstructions to the proper completion of the work.: _ The rcmo~ing and di~posin~ of all obstructions to the rosecution Of p the ~~ntract- unless otherwise sp~cif led, shall be considered as included in ~,~-~o va~ic~us items of aont~act work and no addition. al co nsaton wi1.1 be al~.o~~ed the re f ar. (e } FIh1AL CL~~NING UPS Upon completion and before znakir~ a licaton pp for acceptance of the .work, the contractor shall clean the street or. road, bor- row fits, and a1.1 ground occupied by him yin connection with the word of all 0 rubbish, excess materials, temporar~r structures, and e inert; and all Darts. of , ~ p tie work shall be left In a neat and presentab~.e cond~.tlon D3 :1: 4101. 5 -5- wry In the. event of any discrepancy between any drawings and the figures written thereon, the figures shall be taken as correct. (f ~ SUPERINTENDENCE. ~.enever the. contractor is not present on any part of t1 work where it maybe desired to give direction, orders wLll be given by the Engineer in writing, and shall be received and obeyed by the superintendent or foreman in charge of the particular work in reference to which orders are given. ~g7 LINES AIVD GRADES. All distances and measurements are given and will be made in a horizontal plane. Grades are given from the top of stakes or nails, unless otherwise noted on the-plans. Three consecutive-points shown on the same rate of slope must be used in coi~tto, in order to detect any variation from. a straight grade, and incase any such discrepancy exists, it must be reported to the Engineer. If such a discrepancy is-not reported to t' Engineer, the contractor shall b~ responsible for any. error in the finished work. 'The contractor shall give at least 24 hours notice in writing when he will require the services of t~'~e Engineer for laying out any portion of t~'~e fork. The contractor shall furnish the Engineer such facilities and labor, necessary for m~~king an maintaining points and lines, as he may require. Payment for labor furnished by the Contractor for such purposes is considered as included in various items of work and no additional compensation will be allowed therefor. The contractor. shall preserve all stakes and points .set for l-fines, .grades., or measure:nts of the work in their proper places until authorized:. to removerthe~ by tn~ Engineer. All expenses .incurred in replacing .stakes that have been removed without proper authority sha11 be paid by t'ne contractor. ~h~ ~~3SFEC3`~oN The Engineer shall at all times have access to the word ~~ri construction, and shall be furnished with every reasonable facility for,discertainng fu knowledge respecting the progress-, workmanship, and character of r~aterials .used and employed in the ~ror}~. ~~henever the contractor varies the period during which ~rork is carried on each day, h~,sh~ll give`due notice to the Engineer, so t+hat..properinspecton may ~ provided. Any work done in the absence of the Engineer will gee subject to rejection. The inspection of the work shall not relieve the contractor o~ any of his obligations to fulfill the contract as _prescribed. Dsfect~.ve :word- shall be fade goad., unsuitable materials may be rejected, notwithstanding :the .fact that such defective work I and unsuitable materials have`be~en previously overlooked by the Engineer and accepted or estimated for payment. Projects financed in whole or in part with State funds shall- be subject to inspection at all times by the .Director of PublicWorks, or :his agent. i) RENioV~L OF DEFECTIVE AND C?NAUTHORIZED WORK. All work ~ which is defective in its construction or .deficient in _ any of the requirements of these specifications -shall be -~erned.ied ar ren~c~ved and replaced by the contractor in an acceptable manner, and no compensation will be-;allowed for such correction. D3 :1:41012.7 °~7~ GG:~rn Any work dons.beyond the lines-and grades shown on the plans or estab- lished by the Engineer, or any extra work done without written authority, will be considered as unauthorized and will not be paid for. Upon failure on the part of the contractor to comply forthwith with any. order of the. Engineer made under the provisions of this article, the Engineer shall nave authority to cause defective work to be remedied, or removed and replaced, and unauthorized work to be removed, and to deduct the costs thereof-from any. monies due or to become due the contractor. (j} F]:NAL INSPECTION. whenever the work provided and contemplated by the contract shall have. been satisfactorily completed and the. final cleaning up performed, the Engineer will make final inspection.. SECTION 4. CONTROL OF r~TER:IALS ~ a } SAT1~PLES AND TESTS. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer befQ~e ~eliv- ery is started. and before such material is used in the-work. Representative preliminary samples of the character and quality prescribed shall be submitted by the contractor or producer o~ all materials to be.used in the work, for test- ing or Axamination as desbred by the Engineer. A1.1 tests of materials furnished by the contractor shah. be made in ..accordance with co~monly recognized standards of national organizations, ar~d such special methods and tests as are prescribed in the speci.~ications. '~.e contractor shall furnish suci~ samples of materials as are requested by the Engineer, without charge. No material shrill be used until it has begin approved by the Engineer. Samples .will be secured and tested whenever t: nec~s~a~.~y ' to determine tie quality of material. fib} DE~'ECTITJE l1~TERIvALS. Ali. materials not conforming to the re~uireraents of these specifications s .hall be considered as defective, ar~d all such materials, whether- in place or not, shall ~be :rejected and shall be -remo~~ed: i~~nediately from the site of the ~rork .unless ..otherwise permitted by the Engineer. rejected material, the defects of which have been subsequently corrected, shall be used until approved in writing by the Engineer. ~~Upon failure on the part of t~~e contractor to comply- with any order of the Engineer made under, the provisions of this article, the Engineer shall have authority to remove .and replace defective .material and to ded~;ct the cost of removal. and..-replacement from any monies due or ~o become due the contractor. U3:1:41012.8 -8- OG:wrn . SECTI(~1 LEGAL ~,ELATIONS ~1~1DRESPONSIBILITIES TD TAE ~'UBLIC (a~ LA~r~S TO BE oBSERVE~, The contractor shall keep himself fully - informed of all existing and future State and National laws and all munici al p ordinances and regulations of the Clty of Bakersfield which In any manner affect those Qngaged or employed in the work,. or the materials used in .the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority-over the same. (b ~ BOURS OF L,~~3oR. The contractor shall forfeit, as penalty to the City of Bakersf field, Tin Dollars ($10.00) far each laborer, workman, or mechanic employed in the execution of the contract by him, or by any.~ubcontractor under him, upon any of the work nereinbefore mentioned, for. each .calendar day during wk~ich said laborer, workman, or .mechanic is required or permitted to lar~or in violation of the. provisions of Section 114 t~ Section 181, inclusive, of the Labor Code. (c) The contractor sha~.l comply with Section 6705 of the Labor Code. which provides thatthe contractor's r~sponsibil.ity shall. be as follows. If the contract .price for ~s project .includes an expenditure in excLss of twenty-five thousand dollars 25, .000 ~ for excavation cf any trench or trsnches five feet or more in depth, the contractor or his subcontractor shall not i~egn any trench exca~ratior~ unless a detailed plan, showing the design of shoring, bracing, alo~ing or other provisions to be made-for worker protection during~.he ~xc~vatic~n of the trench, has boon submitted by the contractor to the City Engineez and tie Beta-filed plans has been approved by the pity Engineer. If suoh plan varies from the shoring system standards established by the Construction Sa~~ty Orders of the Division of .Industrial Safety, the .plan shall be prepared by a registered civil or structUrsl engineer. _ nothing in this section s~.all bs dee~ed to allow the use of a ~s~~orng, sloping, or protective system less ef~ecti.ve than than required by the Construction Safety orders of the Division of Industrial Safety, j ~ ~ ~ L~1otn~ng In tr~is section shall be .construed to ~.r~pose -tort ll~.b~.l~.ty can the 'awarding body or any , of its employees. - - - _ .The terms "public words"_ :and _"a~r~rding body", as used in this section, shall have the same meaning as in Labor Code Sections 1720 and 1722 respectively. D3:1:~1012.9 -°9- GG:wrn k (d) EQUAL E~~IPLOY~~ENT oPPO:~TUN I TY . During the performance of th i s contract the Contractor agrees as follows: (1) The contractorwill not discriminate against any employee or applicant for employrr~nt because of race, ,creed, color, sex, or national origin..The Contractor will take affirma- five action to ensure that applicants are employed, and t~'~at employees are treated during employr~ent, without regard to their race, creed, color, sex., or national ori- g~.n. such action shall include, but .not be limited. to, the following; Employment, upgrading, devotion, or transfer; recruitment or recruitn~nt advertising ~ layof f or ter- urination; rates of pay or other forms of compensation; and ..selection .for training, including appre~.ticeship. The. Contractor agrees to .post in conspicuous places, available. to employees and applicants for employment., notices to be provided setting forth the provisions of this non- discrimination clause. (2) The Contractor will, in all solicitations or advertisements f or employees placed by or on behalf of the Contractor, stake that all qualified applicants gill receive considera- tion for empla~,nnent without regard to race, creed, Dolor, sex, or patonal origin. (3) The Contractor will send to each la~or union or r~presenta- tide of workers with which he has a collective bargaining dgreement or other contract or understanding, a notice to be provided advising the labor union or workers' represen~- tative of the Contractor's cor~nitrnents under section 202 of Executive Order r~o. 1124 of Septom~er 24.1965 and shall. post. ,copies.;. of the notice inconspicuous places available to employees. and applicants for employment. (4} The Oontractor will comply with all provisions of Executive - - - ~ Order No* 11246 as amended by Executive order x.137:5, and of the rules, regulations, acid relevant orders of he Secretary of. Labor. (e) .PREVAILING. ~~AG~. The contractor stall, as a penalty to the City of Bakersfield, forfeit $25.0 for each. calendar day or portion thereof ~ for .each workman paid less than ,the stipulated prevail-ing rates: for such work or craft in which such workman is employed under this contract or. by any subcon- tractor under him, in violation of the provisions of Section 17'0 to Sention 17.80, inclusive, of the Labor Colo. The Contractor shall be responsible far i~~s o~n and subcontractors' compliance wits. the requirement of S~cti~n 1776 of that Code. Copies of the prevailing rate of per diem wages, for each craft, c1asM sif ccton or type of workman. needed to execute the contract, are on file in the office of: the Dhector of Public. works and shall be made avai~.able to any inter- ested party on request. (f } APPREI~ITICES. A~11 Contractors and Subcontractors shall comply with :the. provisions of Labor Code sect -ion 17 ~ 7.5 relating to the er~iployrr~nt of apprentices. D3;1:4:1012.10 -10- GG:wrn ~1} CONTRACTOR'S RESPONSIBILITY FOR G~ORK. Except as provided..above, until the formal acceptance of the work by the-City Engineer, the Contractor shall have the charge and care; thereof and.shah. bear the risk of injury. or damage to any part thereof by the .action of. the elements or from any other. cause, whether arising from the exeeut~.on or from non-execution of the work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages. to any port ion of the work occasioned by and of the move causes before f ina1. accep- tance and shall bear the expense t~zereof, except such injuries or damages occa- sioned by acts of the Federal~overnment or the public enemy. ern) NO PERSONAL LI~IBILITY. Neither the City Council, the Engineer, nor. any other officer or authorized assistance or agent shall be personally responsible for any liability arising under the contract. Vin} RESPONSI$I~ITY of CITY, The City of Bakersfield shall not be held responsible for the care or protection of any matzrial or party of the worl~ prior to fnal~acceptance, except as expressly provided in these I specifications. ~3 : l : 4112.12 -~12-~ CG:wrh SECTION ~.0 PROSECUTION AND PROGRESS ~a}SUBLETTING AND ASSIC~IMENT. The Contractor shall give his per- sanal atf.ention to the fulfillment of the contract and shall keep the vaork under his control. Subcontractors will not be recognized as such, and all persons engaged in the work of construction will be considered as employees of the Contractor, -and their work shall be subject to the provisions of the contract and specifications, " Where a portion of the ~►•ork sublet by the Contractor is not being pro- secutcd in a manner satisfactory to the City Engineer, the subcontractor shall be removed immediately on tine requisition of the. City Engineer and shall not again be employed on the work, fib) The Contractor shall diligently prosecute the wort to completion before the expiration of the permitted nu~~nber of working days or calendar days as specified on Page 1 of this specification. ~c) CH~ACTER O~'~~R~MEN. If ,any subcontractor or person employed by the.~ontractor shall fail or refuse to carry out the directions of the Engineer or shall appear to the Engineer to be incorr~aet~nt or to act in a disorderly or improper manner., 'he shall be discharged immediately on the requisition of the Engineer,..and such person-shall not again b~ employed on the~~vork. td) TE1~~POT~ARY SUSPENSION ~F b~RK, The Engineer shall have the aut~~.or;~.ty to suspend the work ~vhol.ly or in part, for such period as he may deem necessary, due to unsuitable ~aeather, or to such other conditions as are consid°° ersd unfavorable for the suitable prosecution of the word, or for such t as he may deem necessary, due to the failure an the..part of the Contractor to carry out orders ~iver~ or to perform any p~ovisa.ons of the work. The Contractor.. shall ~diately .obey such order of the Engineer and shall. nQt resume the work until ordored in vrraang by the Engineer. fie} TIME.O~ C~MPLETZON AND LIQ~JIDATED DAMAGES. It is agreed by the parties to the contract that in case all. the work called -for under~the.contrac is not completed before or upon the expiration of the time limit as yet forth in these speoi~icat~.ons, damage will be sustained by the City of Bakersfield, and ....:that it is and will be impracticable to determine the actual damage which the . City will sustain in the event of and by reason of such, delay, and it is there- -fore agreed that the Contractor will pay to the ,City of Bakersfield .the sum of Two Hundred Do11a~s ~$2Q0~0} per day for each and every calendar day's delay beyond the t~.me prescribed to con~pl.ete the work; and the:. Contractor agreee to pay such liquidated damages as herein provided, and in case the ~ are not paid, agrees that the City of ~a~ersf field may deduct ~.he amount thereof from any honey duo or that may become dui the Contractor under' the contract. W D:~ :1 ~ ~ 12.13 -1:~- GG ~wrn It is further agreed that in case the work called for under the con- . tract is not finished and completed in all parts and requirements within the 4 time; specified the City Council shall have the right to extend the time for com- pletion or not, as .may-..:seem best to serve .the interest of the City; and if it decides; to extend. the time .>-lir►~t ..for the cor~pletion of the contract, it shall - further have. the right to charge to tine Contractor., his heirs, assigns or sure- ties, and to deduct from the .final payz~nt for the work., all or any part, as it .may deem prover, of the actual cost of engineering, inspection, superintendence, and other overhead expenses which; ,are directly chargeable to the contract, and which accrue during the period of such extension, except that the cost of final surveys and preparation of final estimate shall not be included in such charges. The Contractor shall not be assessed with liquidated damages nor the oust of engineering and inspection during any delay in t~~e completion of the work caused by acts of God or of ~ the .public enemy, ,acts of fih~ City, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unu- sually severe weather or delays of subcontractors due to such causes; provided that the Contractor shall within ten (l0y days from the beginning of any such delay, notify the Engineer in writing of the causes of de~,ay, who shall ricer- tain the facts and the extent of the delay, .and his findings of the facts thereon shall be final and conclusive. ~ f) SIJSPEN~ION OF CONTRACT. If at any time in the opinion of the City Council, the Contractor has failed tc supply an adequate working force, or material of proper quality, or has f ailed in any other respect to n-rosecute the work with the diligence and force specifiAd and intended in and by the terms of `the contract, notice t~ler~of in writing will be servod upon him, and should he neglect or refuse. to pro~~r~.de means. for a satisfactory compliance with. the contract, as directed by the Engineer, within the.. time specified iri such notice, the City Council in any such cash shall have the pc~~ver to suspend tie operation of the contract. Upon receiving: nonce of such suspension, the Contractor shall discontinue .said work, or such parts. of it as the City Council may designate. Upon uch suspension, the Contractor's control shall terminate, and thereupon tie pity Council, or its du1.y authorized representative, may t.e possession of all or any part of the Contractor's r~aterals, tools, equ.ipmcnt, and appliances upon the premises, and-use the .same for the purpose of cor~npleting said contract, and hire such force and buy er rent ..such additional r~achinery, tools, appliances and equipment, and buy.such additional materials .and supplies at the contractor's expense as may be necessary for the proper conduct of the work and forthe completion thereof; er may employ other parties to car~.~y the. contract to completion, employ. the neces~- sari workmen,, substitute other machinery or materials, and purchase the materi- al:s contracted for, in such ~'~nner as the -City Council may .deem proper; or t-.he City council ..may annul and cancel the contract and re~let the work or any ..pant thereof. Any excess of cost arising therefrom over and above, the contract. price will be charged against the Contractor and his sureties, who will be liable therefor, ~n the event of such suspension, -a1.1 ~.oney due t~.e Contractor or retained under the terms of this contract shall be forfeited to the City; but .such forfeiture will not release the contractor or his sureties from liability ar failure to fulfill the contract. The Contractor -and his sureties will be credited with the amount of money so forfeited toward any excees of -cost over and above the contract price, arising from the suspension of the operations of the contract and the completion of the work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion have .been paid. D3:1:4112.14 -I4- GC:wrn In the determination of the quest~:on whether there has. ,been any such non--cGmpliance-with the contract as t~ warrant the suspension or annulment hereof , the decision of the City: Council s~lall be binding on all .parties to the contracts . ~ g } ~.T~HT OF ~~AY. The- right of way for the work to be constructed ~vill be provided by ~1e City. The Contractor, shall mak~.his own arrang~ments► and-pay all expenses for additional urea required by him outside of the limits of right of way unless otherwise provided in the Special Provisions. D3:1:41012.15 -15- GG:wrn SECTION 7. ~1E~A5UREl~NT A'~D PAY~~NT {a)..EXTRA AND FORCE ACCOUNT ~~RK. Extra work. as ~ereinbefore defined, when ordered aid accepted, shall be paid for under a written work order in accordance with the terns therein provided. Payment for extra work will be C made at the unit price or lump sum previously agreed upon by the Contractor and the Engineer, or by farce account. If tl'~e work is done on force account the Contractor shall receive the actual cost of all material furnished by him as sho~m by 'His paid vouchers, plus fifteen percent {loo), and for all equipment and teams that .are necessary he shall receive the current prices in the locality, which shall have been previ- ously determined and agreed to in writ~.ng by ti~.e .Engineer and by tlhe Contractor, plus fifteen percent { 15 0) and. for .all labor .that is necessary 'ne shall receive the current prices in the locality, plus twenty percent {20~) provided, however, that the City reserves the right to furnish such materials required as it deems expedient ~ and .the Contractor .shall have no claim for profit on thee. cost of such materials. The price paid far labor shall include all payments imposed by State and Federal laws for all payments. made to, or on behalf of, -the workmen, other than actual wages. All extra work and force account shall be adjusted daily upon report sheets, prepared ~y the Engineer, furnished to the Contractor and signed by both parties, which daily reports .shall thereafter be considered the true re~;ord of extra work or force. account work... done. {b) -PROGRESS PAYMENTS. The Contractor shall,, once In each month, submit for approval, ~n estimate in writing to the City Engineer of the total -amount of ~aork Gone by e Contractor, to the time of such eetimatc, and t+~e p value thereof . ` 'the City of Bakersf field, shall retain ten percent { 1~ o) of such estimated .value of the work done as part security for .the fulfillment of the contract. by the Contractor, and. shall monthly pay to the Contractflr~ while carrying on the word, the balance not retained, as aforesaid, after deducting therefrom all previous payments and all sums to be kept or retained udder . the. provisions: of the contract. No such estimate or payment.- shall. be. required to be n~ad~e , whe r~ i n the judgment of the City Engineer the .work i s .not pzoceed ng in accordance with the provisions of the contract, or whin in his judgr~nt the total value of the-work done since the last estimate amounts~to less than Three Hundred Dollars {$3Ot~.00). { c) FINAL► PAY~~1T. The City . Engne~;r shall, after the completion o~ the contract, make a ffinal estimate o~ the amount of work doneet:r~ereunder, and the value df such. work., and the City of Bakersfield shall pay. the entire sum. so found to be due after deducting theref~ .all previous payments and all amounts- to be kept and all amounts to be retained under the provisions of the contract. All prior partial estimates and payn~nts -shall be subject to correction in the final estimate and: pay~c~nt. The final payment shall not be -due and .payable unt i 1 the expiration of thirty { 3 a) days from the date the "i~OTICE OF COI~~,ETTON" is recorded at the bounty Recorder'. s office. It is mutually agreed between the parties to the contract that no cer- tif %cate given or na~nts made under the contract, except the final certificate or f 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 materia~.s. D3 : l : 41012. l O -~1~- GG:wrn And the Contractor further agrees that the payment of the final amount due under the contract, and the adjustment-and payment for any work lone in accordance with any alterations of the same, shall release the City of Bakersfield, the City council, and the Engineer from-any and all claims or Zia- blity on account of work performed under the contract or any alteration thereof ~d} SUBSTITUTION CAF SECURITIES..~~henever herein provision is made for withholding or retention of moneys to ensure performance, substitution of an equivalent amount ;value } of securities shall be permitted in accordance with the provisions and requirements of Goverr~~nent Code Section ~59U. SEC'IIOi~ S. PROV'ISIOI~S 0~' ST~NDA~D SPECIFICATIO~~S This work embraced herein shall be done in accordance with the appropriate provisions of Specifications entitled "State of California, department of Transportation, Standard Specifications, July, 1984," insofar as the same may apply.,. v~h~.ch specifications are .hereinafter. referred to as the Standard Specifications, and in accordance with the-following special provls~.ons. ~~henever in the Standard Specifications the following terms are- used, they sha11. be understood to mean and refer to the following: Department, of Transportation, C~.LTI~ANS -The Engineering Department oL the pity of Bakersfield. Director Qf Public works -City Engineer, City of Bakersfield. Engineer -The City Engineer, acting either .directly or through properly authorized agents; 'such -agents acting within the scope of the particular duties entrusted to there. . Laboratory -The designated laboratory. authorized by the pity of Bakersf ie~.d to test materials and work involved in the contract. ..State -The City of Bakersfield. Other terms ~ eparing in the Standard Specifications, .thee general provi-- sloes, and the special provisions, shall have the intent and meaning specified in ~ect~.on 1, Definition, of Terms of the Standard Specifications. In the event teat any portion of the Standard ~~ecificatons - incorporated.herein shall conflict with any of the prove.si~ns delineated in the special provisions section herein set forth, the provisions so delineated shall - take precedence over- and shall be used in Lieu of such conflicting portions of the Standard Spec~ic~atione. D3 :1; 41t~12. l7 -1~~- GC:w~p~~°~ SECTION 9, INSURP~ICE ~r The Contractor shall save.hold harmless and indemnify the C,ity,its of f icers, agents, employees and volunteers from -all claims, demands, damages, judgments, costs or expenses in law orequity that may at any time arise from or related. to any worl~ performed byth~ Contractor, his agents, ~employe~es or subcontractors under .the terms of this agreement. In addition to any other form of insurance or bond required under the terms of this. agreement and. specifications, the ~Lontractor shall .procure and maintain for .the. duration of ti~is agree~;nt the following typea and limits of ~.nsurance: Professional liability Insurance, providing .coverage on an occurrence basis for bodily injury, including death., of one or more persons, property damage and personal injury, with limits of not less than one million ~~1,fl00,000) per occurrence; and ~utemobile liability insurance, providing coverage on an occurrerl~e basis far bodily injury, including depth, of one or more persons, property ~.~amage and personal injury., :with limits of .not; ~.ess than one million ~ $l:, 000, fl00 } per occurrence, and .General liability insurance, providing coverage ors an occurrence basis :for bodily injury, _ including .death, of one or more persons, property dar~age and personal .injury, with li~r~ts of not less than one million ~,~1, 000', 000) ,~:r occurrence:. workers' compensation with statutory lr~its and er~plo~rer' ~ liability insurance with lr~its of not- less than one million { $l,~}00,OO0 7 per accident» A11 policies required of tl~e Contractor ~ hereunder shall be ~~mar insurance as respects tie City, its mayor, cauncil~ officers, ~.ger~ts, em~loyee~ :and volunteers and any insurance. or self -insurance maintained by the. City', t. r~a~ror, council, officers, agents, e~,plQyees and volunteers shall be e~~cess of f the _Con~,r~ctor's insurance and s~.all not contrihu~te pith it, The autaz~bile liability policies.shall provide coverage for o~~nsd non-~o~ncd and hired autos The 1iab~.lity policies shall provide.contract~al liability coverage for the terms of this a~ree~nt. Thee liability policies shall contain an additional insured endorsement i±~ favor of the C~.ty, its r~ayor, council, officers, agents, employees and volunteers; . The workers' compensation policy sn.all contain a waiver of subrogat~.on endorser~:nt in favor of the City, its mayor, council, officers, agents, e~loye~s and vo~.arlteers. ~3 a J.:41012, l8 ~-18- GG:wrn gage 2 of Section ~ -Insurance All policies shall contain the follawing endorsements: An endorsement providing the City with ten X10) days written notice of cancellation or material change in policy language or terms. If any part of the worx under this agreement is sublet .similar insurance shall be provided by or on behalf of the subcontractors to cover their operations. -The insurance. required under this agreement shall be maintained until all work. required to be perforated finder the terms of this agreement is satisfactorily completed as evidenced by formal acceptance by the City. The .Contractor-shall furnish the City ~is~ _~anager and tie Public works Lepartment pith a certificate d~ insurance signed by an agent of the .insurer evidencing the insurance required under-this agreement.. ill costs of insurance required under this agreement steall be included in t~.e Contractor's bid, and. no additional allowance. will be made for additional costs. which ray be required by extension of the insurance policies. D3 : l :41012.19 GG:wrn s~CTInN 10. 4UANT~TIES The following preliminary est~nats of .the quantities of word to be done and materials to be furnished are approxima~:~ only, being-given as a-basis - for the co~parisoh ~ of bids, ar~d the City of Bakersf ie~.d dogs not e~pr~ssly or by implication agree ~~.at the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any... class or port~.~n of the work or to omit portions of t~'~e y~ork that may be deemed necessary or expedi- ent by the Engineer. ENGINEER' s ES'~Ii SATE ITEM QUI~NTITY UNIT 1~ESC~IPTION 1 Lump Sum Traffic signal .and lighting .system 2 19 ~ ~ S . F , Remove paven~e nt markings F D3:1:~1012.20 -20-~ ~G:wrn SP11 SE CT I ~1 11. 1~1ATE R~LS '`'he Contractor shall furnish, for use under theses vial rovisions ~ p 1 all materials required to complete the attached contract, except-those materials provided by the City whs~e specified in theses vial rovisons. ~ p S~~TIC~ 1 ~ . DESC~IPTIO~J CF ~uo~ The general description of wor1~ is as follows: ~:nstalling traffic signal. and lighting system. Said wore is shown and detailed on ~ plan entitled: Traffic S final system on ~a~urn Street at Fairfax -Road D3 :1:4101,2.21. °~21-~ GG:w rn SECTION 13. GENERAL PPOVISIONS. ~a) PUBLIC SAFET'Y' AND PRESERVATION of PROPERTY, Attention is directed to Section 7 of the Standard Specifications. The Contractor shall co 1 with ~,Y the provisions of this section, except as ot~~er~vise directed b the En ineer. Y g Such provisions for public safety shall meet the minimum re irements and shall be subject to the approval of the City Engineer. Full compensation for complying with the requirements of this section .:shall be considered as included in the contract prices paid for the various ite~~s of work and no additional compensation will be allowed therefor. fib) OBS:TRUCTIO~~1S. Attention is directed to Section 8-1.14, "Utility and ~~on-~igh~vay Facilities, " of the. Standard Specif icatlons, tie plans, and the special provisions. ~~~.ere extra work is required by said section it shall be paid for as provided in Section 7.~~) of these specifications. The Contractor will be req~~ired to ~vork around public unlit facilities and other i rovemen 4 , Y mp is that are to rema~.n In placti wlGhln the constructa.on area or that are to be relocated and relocation operations have not been com feted. p Iz~ accordance with the provisions of Section 7-1.11,; "Preservation of Property," ...and 7~-1..12,. "Responsibility for I~arr~age," of the Standard Specifications, Contractor jaill ~e liable to owners of such facilities and roven~ents for an ~ Y damage or nt~r~erence wit~'~ service resulting from coriductin his o eratons. g p The exact location of underground facilities and im~rover~er~ts within the con- . struction area ~hal1: be ascertained by the Contractor before using equipment th~:t msy doge such facilities or interfere with. the servie~s, other forces may- be engaged in rr~ovir~g or removing utility f a:cil it es or other roves. hts or maintaining sereices or utilities. 'she Contractor shall cooperate with such forces and conduct 'ns operations in such a runner as to avoid any unnecessa delay or hindrance tb the work being performed. by ogler such forces. Any delay to .the Contractor due to ut i l it~7 re lo;ation ~rhether or not the utility is shown or correctly. located on the laps ~vll not be co nsated far as Idle -t~.l~e. HoweveL , add~:tlonal contract time comr~ensurate wTith such delays may be alloyed. At locations where irrigation systems exist, the. En veer will direct.. g the Contractor as to what steps will be required to protect the irri anon s s-- g Y tem and the area it eerves. The Contractor shall replace the irrigation s stun as directed by the Engineer. Ex1.s~ing land subdivision monuments and sakes sha11. be fill ~otected Yp from .damage or displacement end they shall not be disturbed unless directed b y the Engineer. Attention is directed to the fact that nuisance water ma be resent at Y p all times: along the project, It will be the responsibility of the Contractor to provide for handling of said water and any expense invol~~ed.shall be considered . as included in the prices paid for the- various items of work and no additional al lowanc~ w i 1 l be made therefor . Except in the case of extra work , full coz~ensat ior~ for conformin to g ..the requirements of this. article shall be considered as included in the prices paid for the va.~ious items of work and no additional com nsation will be made the ref or. D3:1:41012.22 -22- GG:wrn {c} MISSIONS IN SPECIFICATIONS AND DRA~rINGS. tiny materials or work mentioned in the specifications and not shown on the drawin s or shown on the g drawings and not mentioned in the specifications sha11 be of t..he same effect as if shown or mentioned in both. Omissions ..from tl'~e drawings or the .specifications of the materials or details of work which are manifestly or obviously necessary to car out the rY intent of the drawings and specifications or which are customarily furnished or performed, shall not relieve the. Contractor of his responsibility for furnisher g such orc~itted materials or perforr~ing such omitted word.; but shall be fug~ni.sh~d or performed as if fully shown or described in the drawin s er s cifications. g {d7 MATER:T~~I~S. G~henAver any material is s cif ied b name and n pe y u~~nber thereof , such specifications shah. be deemed to be used for the ourpose of f aci- litating description. of the materials and establishin alit and g qu y, shall be deemed and construed to be followed by the words "or approved equal". i~o sub- sttution.will be permitted other than as described herein unless authoriz E ed by the nglneer before the bids are opened. All materials shall be new and the bust of them class and kind. ~e ~ A~JSTi'~NT OF OVERHEAD COSTS. The orovisons of Section ~-1, 0$ L of the Standard Speclflcatlons shall not apply to final cost of thzs contract and no final adjustment for overhead costs will be rude, ~ f) ~JST CO1~►TROL. It shall be the. Contractor's res onsi~ilt to re- p Y p vent a dust. nuisance from originating from the site of the work as a -result cif his operations during the offective period of this contract, Preventativ ~ - e yeas uses to be, taken by the Contractor shall include but .shall note be limited to t~1e following,. a . water shall be applied to al1'un aved areas as re fired p to preventthe surface from becoming dry enough to perr~t .dust formation. 2. Paved surfaces overwhich vehicular traffic is rrnitted to travel-- shall be kept free- of dirt. Temporary suspension of the work, either as aresult of ardor b the y engineer, or as a result of conditions beyond the control of the Contractor sha11 not'-relieve the Contractor from 'pis responsblit for dust control as set forth herein. Full compensation for confor~ng to the re uiren~nts of this article q shall be considered as included in the prices paid for the various contract items of work and no additional c ensation will be allowed 'the of ~ r or fig} TEEING. Furnishing and ap in water shall conform. to th - p I ~ e Oro L visions of Section l7 of the Standard Specifications, except that full co near ton therefor shall be considered as included in the prices ~ aid for the , A various contract items and no separate payment will be made therefor. ~h) LABOR C]:aASSIFICATION. No contractor em to ee shall be al p y lowed to a perform work outside his or her prevailing wage trade classification as dLffined by the ~a~.ifornia I~:partment of Industrial Relations. D3:1:41012,23 -23- • GG. yarn ~ i) ALTE~TIC~~1S IN ~UA~NTITY OF ~~0~. -The. provisions of Section 1.03B, ~-1.0s~3 (1) , .and 4-1.03B (2 } , of the Standard Specifications relat-five to increases. or decreases in the quantity of contact item of work when no change in the character of the word is involved shall not apply to-any contract item of ~vork in thin proposal and. the ~it~ reserves the right to increase or decrease the quantity of any item or portion of work as nay be .deemed necessary or in tl~e best interest of the City. ~ j) wORK IN CITY STr~EETS. A11 of the work shown on the plans and included in these specifications that is located irl the public streets in the dity of Bakersfield shall be done in accordance with City Ordinances regulating .the use of public streets within the City, except as otherwise provided herein. The Contractor shall inforr~ himself as to all regulations and require- menu of the City Engineer and Superintendent of Streets of the City of Dakersfield and shall conduct..his operat-ions in compliance-therewith. ~k ~ PER~~IITS r~ND LICENSES. The Contractor shall procure all permits and licenses, pay all charges and fees and give alb. notices necessary and inci- dental to the due and lawful prosecution o~ the work. ~ l) N~A:INTAINING TI,FIC. Attention is directed to Sections 7-1. "Pudic Convenience, " and 1-l .Oy "Publ~.c Safety," of the. Standard Specifications. The Contractor shall comply wish-the.-provisions of t~'~ese sections and these special prov~slons. - - The Contractor shall furnish, install and intain signs, lights, f lags and ot~~er warning and saf qty devices :when p~rf ~rmi~g ~vork Which ~:nterferes with.: cr endangers the safe movement of traffic on any street or Highway, Signs, lights, f Gags and .other warning and. safety devices and their use shall conform to the requirements set forth in the current "Manual of I Traf ~ is controls -Warning S ~.gns`, Lgn:ts, and Devices for Use. in Performance of work Upon. highways," published by the State. of California, Department of Transportation. Application and use of devices shall be as speci.f ied and: as directed . by_ the Engineer. Thee Contractor shall. keep t~~e Bakersfield Fire Department inf armed at al.l times as to the exact location and progress of t~1e work and shall notify .them iira~~ediatel~ of any streets mpassa~le for fire fighting Pquipment. The full width of the trade led way shall be open for use by p~ab~. is traffic on Saturdays, Sundays and designated legal holidays, before $30 Ai~I. and-after 4:00 P.M. on weekdays, and when construction operations are not acti- vely. in progress. Designated legal holidays are : January lst, the third Monday in - _ . F ~bruary, the last it~lo~day in ~Iay, July: 4th, the first ~~Ionday in September, :November 11th, Thanksgiving Day, and cember 25th..~en a-designated legal - holiday falls on a Sunaay, the following Monday.. shall be a designated legal holiday. ~~~~en Nover~~ber 11th falls on a Saturday, the pireceding Fr_ iday shall be - a designated legal. holiday. D3:1:4.012.24 -24- GG:wrn ~ . personal vehicles of the Contractor's employees shall not be parked on the roadway at any tire, including any section closed to public traff~.c. When entering or leaving roadways carrying public tra~f c, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. The provisions in this section may be modified or altered if, in the opi~.ion of the Engineer, public traffic will be better served and work exile- dited. Said modifications or alterations shall not be adopted u:~til appro~red in writing by t~1e Engineer. 'The prices paid for. the various contract items of work shall be con-- sidered as full compensation for complying with. the provisions of th~.s Section 13~k) f~aintainng Traffic, and no additional payment will be made therefor... 4m) ORDER OF ~r~RK. order of work shall conform to the provisions in Section 5-1.45, "Order of work.,:" of the Standard Specifications and these spe- vial provisions. X11 striping removal shall be completed a minimum of 2 days prior to signal being placed into operation. When initially installed, all vehicle end pedestrian signal faces shall b~ aimed and covered pith cardboard or other material with an observation hole {max. 1" dia.) in front of each signal. ind~.cation. The coy~rs sha11 remain. in place until all signal operations have. .been checl~ed-end signal is placed into operation. Prior t~ commencement of tie traffic signal functional tests, ali -items of work rslated to the signal control. shall b~ completed ar~d all, signs shall be in pls.ce. (n} COUP~~TI~~1s. The contractors shall cooperate fully with the. - other Contractors perfdrmng wor'~:on the site. It is not anticipated that the work to be dine by ~ ~ther~ wi~.i se.r~- - ously -delay the Contractor's cor~pletion of the work. However, if such work does . result in extraordinary delay, the Contractor may seek belief froml.iquidated damages as set forth in the fourth paragraph of Article 6~e) of these_Special Provisions Full compensation for complying with the require~ents of this Article l~~m) hall be considered as included in the prices paid for the various con- -tract items cf worl~~ and no additional allowance will be ..rude. therefor. ~~~1:4101~.25 -25°~ ~ GGdwrn lt~.l. SECTIQN 14. SPEC: PROVISIONS ExISTING HIC~~dA~ FACILITIES. ~e warp 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 prov~.s~.ons. Existing highway signs and street mar.~ers .shall rer~ain the property of the City of 3akersf field. Such signs and street marl~,ers shall ~ relocated- and maintained during construction so as to convey t,l'~e same .intent that existed p~' lOr to CoClStruCt Ion. Existing Cit~r ..highway signs and street mara~ers shall ~ placed in their permanent position by the Contractor's (ores prior to completion caf constructi~rs. Signs rer~oved front the .project area shall ~ del.~rered to .the City Corporation Yard at 401 Truxtun Avenue. Full com~~ensat ion for conforming to the requirements of the two preceedng paragraphs.. shall be cons~ere~ as included in the ...pries paid for the- v~r~:ous item of , work .and no additional ' allowance will ~e made therefor . ~~.1:~~.O12.2~ -2~-- OG:wrn SECTION 15, SPECIAL PROVISIONS - '~~`FIC SIG~~S AND STREET LIGHTING ~a) DESCRIPTION, Furnishing, installing and modifying traffic sg- nals and highway .lighting and payment therefor shall conform to the. provisions in Section 8~, "Signals and Lighting",~of the Standard Specifications and these special provisions. Traffic signal work is to be pe-rf ormed at t~~e following locations .fit intersection of auburn Street and Fairfax Road.. } RE~~OVING AND REPLACTI~G Tr~PRO~ENT.S. Removing and replacing improvements shall conform to the provisions in Section 8~-2,~2, "Removing and Replacing Iriprove~ents, " of tie Standard Specifications and these special provisions. ~c) F~UNDA'TIONS. Foundations shall conform to the provisions in Section 8~-2. U3, "Foundations, " of ,the Standard Specifications and these special. provisions. The Contractor shall furnish the anchor dolts, nuts and washers to be .used for new foundations dnd shall furnish: the appropridtenuts and washers for existing foundations to be reused. Portland cement concrete shall conform to Section 90-10, "~~inor Coindrete," of the Standard Specifications and -shall contain not. less than 470 pounds of cement per cubic yardl, except for pile foundations shall 'contain not less than 5~4 - founds of cement ~r cubic yard. (d } CONI~IT. Conduit shall conform.. to the. provisions in Section 8b-2.05, "Conduit," of the Standard Specifications-and these. special provisions. Insulated bonding bushings will ee requ`ired- on me al conduit, Vie) PC~~►L BOXES, Poll boxes shall conform to the provisions in section 86-X2.06, "Pull Boxes,," of the Standard. Spec~.f ications and these special provisions. recesses for suspension of ballasts w .ill not be required.. D3 01:41012, 28 -28- GG:yarn ~f} CONDUCTURS AND ~rTIRING. Conductors and wiring shall conform to the provisions in Section ~b-2.08, "Conductors," and Section 8G--2.09, "wiring," of the. Standard Specifications and these .special provisions. CONDUCTORS -The Contractor shall use multi conductor electrical cables Type I'~SA 19-1} for all circuits except between the service switch and controller cabinet. Only multi conductor cable conforming to the following. shall be used 5 Conductor cable consisting of 5 No, 14 conductors colored 1 each red, yellow, brown, white and black, 9 Conductor cable consisting of 1 No. 12 conductor colored wh~.te and 8 No. 14 conductors colored 1 each red, yello~v, brown, black, red/black stripe yellow/black. stripe, brawn/black stripe and v~hite/black stripe. 2~ Conductar cable consisting of 1 No. 10 conductor colored .white and 2~ No. 14 conductors. colored as indicated in the following conductor table for asingle. ring operation.. CONDUC'~'oR TABLE Insulation Colors Signal Phase Circuit or Function Base Str°~ & b Red, Yellow, Brown B~,ack ehcle ~ & 8 Red, Yellow, Brown Orange: Signals l & 5 Red, Yellow, Brown Silver 3 & 7 Recd, Yellow; Brown ~ Pu le 2p & 6p Red, Brown Z Black Pedestrian 4p & 8p- Rid, Brown 2 Orange Si nals g lp & 5p Red, Brown 2 Silver 3 & 7 Red, Brown 2: Pu le 2p & Abp Blue Black Pedestrian 4p & $p Blue Orange Push Buttons _ lp & 5p Blue Silver 3 & 7 B lug ~ Pu le Pedestrian Push..Buttons smite Black Con~non Si nal Tr~,ite None... . Railroad ire-emption - ~ B1.ack Red S .are Black None The cable sheath shall be polyethylene and the conductor insulation shall be 'ape Z'r~~N polyvinyl chloride. Subparagraphs 1, 2, 4 and 5 of the first paragraph of Section ~~-2,09D, "Splicing," of the. Standard.Bpecifications are deleted. B3.1: 41012.29 GG:wrn Conductors. shall be spliced by t'~e use of "C" shaped compression connectors as shown on Standard .Plan ES 13. Spl-ices shall b~ insulated by "NSethod B. " (g} BONDING AND GROUNDING. Bonding and grounding shall conform to tine provisions in section 8~-2.10 "Bonding and Grounding, " of the S~candard Specifications and these special provisions. (h) SERVICE. Service shall conform to the provisions in Section 8~-2.11, "service," of t'~e Standard Specifications and these special provisions. The Engineer .will arrange with the serving utility to complete ser~~ice connections to service points. shown on the plans and will pay all required costs andfees required by the utility, (i) TESTING.-,Testing shall. conform. to the provisions in Section 8G-2.14, "Testing.," of the .Standard Specifications and these special provisions.. (j) SIGh1AL FACES AND ~IG~~AL .HEADS. Signal faces, signal heads and auxiliary equipment, as shun on .the plans,.. and.. the installation thereof, shall conform to t~~e provisions in Section 86-4.01, "Vehicle Signal Faces,." 8~--4.02, "Directional Louvers," 8~-4~3, "Backplates', and 86-4.0~, "Signal Mounting Assonablies," of the S~,andard Specifications and these special provis-ions, Housing, visor, disectional louvers and backplates shall not be structural plastic. rt All larips for traf f is signal units shall be furnished by e Contractor. All signal faces shall be provided with 12-inch sections. (k) PED~STRIA~~1 5IC~IALS. Pedestrian signals shall conform to thee,. provisions in Sect%on 8~-4, 05, "pedestrian Signal Faces, " of the -Standard ~peci~icatians and these special provisions. Pedestrian signals hall be Type C, and shall have energy efficient heads 'equivalent to Indicator Controls Corporation Model 4094. (l) LUi~INAIR~SI Luminaires_ shall conform to the provisions in Section ~6~-6.01, "H`igh' Intensity-Discharge. Luminaires," of .the..:. Standard Specification and these special provisions, Luminaires shall be furnished wi~.h 200-watt high pressure sodium. l s -and a.ntegral ballasts. (m} PHOTOELECTRIC CONTROLS. Photoelectric controls shall conform to -the .provisions. in Section 86-n.07, "Photoelectric Controls", of the Standard- Specfcations and .these special provisions. Each luminai:re shall be provided with a Type Iv photoelectrical control. :1: 41012. s0 --30~. GG:wsn {n} CoNTROLLER~, CABINETS AND AUXILIARY E~UIPI~'iENT. The City will furnish the controller and cabinet assembly for each location. {o} DETECTQRS. Detectors shall conform to the provisions in Section, $~--5, ''Detectors," of the Standard Specifications and these special provisions. Location and layout of detector loops shall be as directed by the Engineer. INSTALLATION DETAILS: Installation and tests shall conform to the details and notes shown an the plans. Slots cut In the pavement shall be lour ut and dried before installing inductive loop detectors. ~ , ~ After conductors are installed Zn s10ts cut in the pavement, the slots shall be filled with epoxy sealant conforming t© the requirements in Section ~5-~, 09, "Epoxy Sealant for Inductive Loops," to j~?ithih 1/~ 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 ~~~e use- of solvents. In lieu of the epoxy sealant .specified above, slots may be filled with either of the following materials: -l. An elastomeric sealant conforming to the following: The sealant shall be a polyurethane material of a compoeition that will, within its .stated shelf life, cure only in the presence of moisture. Sealant shall be suitably for use in both asphalt concre~e and ~ortlandcementconcrete.. f The cured sealant shall have the following perf ~ormance ~;haracter~.atics: l~ieasuring Standard Property and results ~ ~nt~~CQndit-ions i~ardness ~ indentation) - 6.5--$5 ASTM D 2.240 Res. '~~pe Ar ~~ode1 i7~~ 7~° F. ~ 2.5° C. } 50 ~ red ative hu~~id~.ty. Tensile strenc~~.h - 500 psi, min. AST~y`I D 4l2 Die C, pulled at 20 IPM. Elongation - 4Qpa, minimum A`5TM D 412 Die-C, pulled at ?0 .IPM.. .Flex at - 40° F. - no cracks 25 mid. Free Film ~3end i$0° } over 1/'2" Mandrel. leathering Resistance -Slight A~STM i) $22 &~eatherometPr 350 hers. Chalking Cured 7 days at 77° F. X25° C.} 500 relative hur~idity. D3:1:41012 ~ 31 ~.wrn salt spray desistance - 500 psi, AST~~ B 117 28 days at lOQ° F. (38° C., minimum Tensile; 400, minimum 5o NaCl~ Die C,.pulled at ~0 IPi~. elongation Dielectric Constant -.Less than ASTIR D 150. 25 o change over a temperature _ - range of -3a° C. to 50° C. 2. Asphaltic Emulsion Inductive Loop sealant .shall conform to state of .California specification 804J~41A-15 {copy enclosed herein, Loop conductors shall be installed without spikes ar~d shall te~ninate in the nearest pull box. The loops shall be joined in the pull-box in combination of .:series. and pars.llel 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 ~e loops under actual. traffic conditions is approved by the Engineer. All loop conductors for each direction of travel for the sane .phase of a traffic signal system, in the same pull box, shall be spliced to a cable wh%ch 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... A1.1 loop co~lductors for traffic counters shah. te~~i.nate in a .pull box or terminal. strip inthe traffic count s~aticn 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 l.~ns, in t~'~e ~ul.l box adjacent~to tho loops and near the termination of the conductors in the controller or traffic cour~~ station cabinet. Bandy shah. conform to the provisions in section 86,2. ►`wiring. ~f asphalt concrete surfacing is to be placed, the loop detector conductors shall be installed prior to placing the uppermost Dyer of asphalt - concrete. The. Conductors shall. be installed, as shown an ..the plans, in the compacted., layer of asphalt concrete immediately below the uppermost layer. Installation y details shall be as snavn on the-.plans,. except the epoxy sealant shall fill the slit flushtothe. surface. Detector loops in concrete pads, shall be sealed with epoxy sealant. Lead cables shall be Type Alead-ins and; shall conform to the provisions in Section 86-5. ~1~~(4 ~ , "Construction ~~Iaterials, " of tre Standard specifications aid these. special provisions. (p) PAY~~ENT. Payrr~nt for ~ finals and 1 ghtng shall conform to the prova.sions in section 8~~-8, "pa~n~ent", of the Standard ~pecif cations and these special provisions. - - - -Full corclpensation for cast-in--dri3.led hole concrete pile foundations shall be cor~sider~d as included in the contract lur~p s~.zm price .paid for the item requiring .foundations. and no separate payr~ent will be made therefor, D3:1: X1012. ~2 ~32~~ CG:wrn ~q) Function Testing.;. X11 function test shall be. according to Section S~-2,1~ C of Standard. Specif icaticn and fo~.lowing paragraph; "Functional test period is included in the number of working days to complete .the project" as described in PROc?RESS OF 'THE ~-~1~K AND 'TIDE -FOR COMPLETIGN of this specifications. fir) Median Lylodif ication ~ l ~ Portland cement concrete meth an nose shall corsf orm to ~~e pravisons in section 73, "Concrete curbs and sidewalks," of the Standard ~~GCl~lCations a~3d ti~~S~: speClal pro~lsi~ns. . (2) PAY~~NT, Full compensation for median modification shall be conside-.red. as included. in the. prices paid fir the varius items of wor'~, and no sepa® rate payment will be made therefor, SECTION 1b, SPECIAL PRO~TISIONS SIGNa STP,EET ~ SIGNS, Street n~ signs sha1:1 conform to the provisions ~.n Section 5~-2, "Roadside Signs, flf the .Standard. Specif icat~.ons and these Special Provisions, f Sign. panels will be furnished and installed by the City. ~1as~~-arm hangere will ~ be furnished and- installed by the City, Street ~~1ame Signs will be installed by mast-arm hanger methods such as Hawki~a7 ~I10~ Series swinging sign bracl~~~t, with retur~l spring ~:•emov~d, nor acceptab~.e equal. SECTIOIy 17 ~ SPECIAL PROMSI~NS GtJ.~~ANTEE FOR TRt~F~'IC STGi~AL -~~D S~.'REET LIGHTING S~'STE1~1S (a 7 GtJAl~A~1T~E. The Contractor shah. furnish a written ,guarantee.:: to the City on the form attached, guaranteeing all system, e~ce~t. tra~f`ic signal lamps, installed under this contract for a period of one ~ l 7 year f turn e date. of acceptance of the work. Thee: guara~~.tee, properly exec~ited, shall be :~il.ed with -fns City before notice;- of cornpletio~~ end f a.~al ac~eptan~e is mace bar the . City of the pork described on the ~1ar'is anal these special provisions, 4 b } P~Y~Y~E~'T, The. lump sum prices pa~i~ for installation of traffic signal and street lighting systems shall include fullcoensation for furnish- ing the guarantee as required in this section. D3:i:4102.33 -33~ ~ GG:wrn SECTION l8. SPECIAL PROVISIONS -Remove Traffic Stripes and Pavement Markings a 7 REMOVE T~~AF'FIC STRIPES AND PAVEI~'IENT t ~P►RKI~GS, Traffic stripes and pavement .markings to be removed will be as shown on plans and as designated by the Enga.neer. .Traffic stripes and pavement markings shall be removed to the fullest extent possible from the pavement by any method that does not materially damage the surf ace or texture of the pavement or surfacing. ~~here blast cleaning is used for the removal of painted traffic stripes and pavement markings, the area shah be shielded so that no material from the blasting operation is allowed to enter -the area than is open to public traffic. Sand or other material deposited on the pavement as a result of rerc~ovng traf f is stripes and markings shall be removed as the work .progresses.. Acc~,imulaL-ions of sand or other material which might interfere. with drainage or might constitute ahazard to traffic wild not be permitted. Traffic stripes shall be removed before any change is z~ade in the traffic pattern. Mast ,cleaning for removal of traffic stripes shall be feathered out to irregular and varying .widths.. Pavement markings shall be removed by blast cleaning a rectangulararea, rather than. just lettering or markings, so the old message cannot be identified. Auer removal of tr~f f is stripes and:. pavement mark ings, a f og seal coat sha1:~. ~ app~.~d in conformance .with .the provisions in Section 3?, "Bituminous Seals, " of the S~andar~ Specifications and the following: In traffic stripe removal areas, the fog seal coat shall be applied over the traffic: stripe removal..area and to irregular and varying widths with an average width of 2 f eet on each side of- the blast cleaned traffic stripe .removal. area. In pavement marking removal areas, the fog seal coat shall be a~~alied to the blast cleaned rectangular aria. Fu1.1 comper~sat-ion for furnishing and applying fog seal. coat as speci- fled herein shall be considered as included in the contract price paid :per square foot for removal of traffic str pz and pavement mars ing and ~~o separate a nt will bc_ rnade therefor. p Noahing in these. spscal provisions shall relieve the Contractor from his res~onsibi,lit,i~s as provided in Section 7-1.09 "Public Safety," of the Standard Specifications. b) ORt~ER OF ARK. order of work shall conf orr~ to~ thy- provis-~ons in - Section 5-1.05, "4rde~ of ~~1ork," of the S andard Scif ications and these spe-~ cial prowisdons.. D3:1:41012.34 --34- GG:wrn Pavement delineation shall be replaced by to ora delineation before o enin ~ ~ , ~ , p g ~ ~ traveled way to public traffic. 'Temporary delineation shall consist of reflective traffic line tape applied in pieces not less than 4 inches ion g nor less than 4 inches wide spaced no more than 10 feet--apart on curve nar more .than ~0 feet apart on tangents. deflective traffic line tape shall be a lied u zn accordance w~.th the manufa ~ ~ ~pP cturer s instructions, Temporary delineation shad be the same color as the permanent delineation, Full co~r~ensation for to Qra ~ ry delineation shall be considered as included in the ricer raid for the contract p items of work that obliterated the existing delineation and no separate a nt p~ will b'e made therefor. Pavement delineation removal shall be coordinated with to ora Jelin- ~ ry cation so that lane lines are provided at all times on traveled wa s o en to Y p public traffic. c) I~~StJRF1~ENT A~iD PAYI~iE~1T, quantities of ..traffic str removed wi pe ll be determined by ,the width of the stripe plus 0,67-foot. multiplied by the len th g o~ the :stripe, The space between double traffic stripes will be measured as painted traffic stripe, Quantities of avement markn s removed will be - ~ g deter mined, by the actual size of the. rectangle measured in square feet. Removing of traffic stripes will be paid for at the contract unit rice p ,per square foot for t~~e actual. area of authorised stripe removal. _T'ne contract unit price per square foot shall include full.-co ensation ...for furnishing all labor, r~terals, tools, equipm~nt~ sins and fir Join all g work necessary for removing existing striping as shown on plan and. as directed by the Engineez. - , D3;1;~1O12.35 CG.wrn w Sti~L ,7l r~ ~yA11f~ F ~ ~ STATE OF CALIFORNIA . / Spec~f~cat~on 8040-41A-15 c,,i,►a~~;r Asphaitic Emulsion Inductive Loop Sealant i .0 SCQP E This specificatZOn covers a one com onent oura 1 ' • p p b e sand filled, asphalt~~c emulsion for use ~n seal in jnductzve wire ~ imbedded i 9 pops and learls n asphalt and portlanc~ cement cnncrete. This sealant is suitable for use ~n freeze-.thaw environments, 2.0 APP~.ICABI.E S~ECIFICATI~Ns The~follow~ng specifications test meth' ods and standards ~n effect on the opening date of tf~e Inv~tat~on to ~~d forma art.. of s e~ification wh p this ~ ere referenced; American So~ci etY fir T~esti n and ~lateri 9 ~~S 02939, OZ5Z3 Cal i f orn i a Test. Method N~. 434 Cal f orr~ i a pep~rtment of Trans ort • p atzon Standard Spec~f~cat~ons 198 State of Cal form a S ec~f ication p SOtO-XXX-9g Inspection, Testing and Other Requirements for Protective Coatin s .9 Code of Federal Re ulations Hazard 9 ~ ous Maters al s and Regulations hoard, Ref. 49cF'R. 3.0 -R~QUIRE~NTS 3.~ Composition Thy composition of the loo sealante • p shat ~ .be a sand f i ~ led, pourable, water emu l s 1 f a ed b ~ Lumen , - I t w> > 1 be the roan res ons b i 11 t~ of acturer5 p tD produce.,anne-component product to meet the propert~~~.~ specif ies~ herein. 3.2 Characteri stlcs of the Seal ant 3:.2. ~ Res i cue by evaporation wei fit er s 9 p cent 7~ M~n~mum Use ASTM 02939 3.2.2 Ash content, wei ht ercent ~ p 50 to 55 Use AS ~ M 0?.939 . r Asphal tic Er~u1 lion Inductive Loop Seal ant 8Q40~~1A~15 3.2.3 ~F i rm set time hours 4 maximum test at one hour intervals, use ASTM 02g3g 3 ~2.4 8rookf i e 1 d vi sc~s i ty, Poise 50 to 125 RVT Sp i nd 1 e #3, 10 RPM at 75 +2qF , 3,3 Properties of the Dried Fi 1m 33.1 Flexibility, ~ No full depth Use ASTM 02939,: except air dry. specimens. to canctant weight.. crags at 15 ~°5~F and 5~ ±lo~ relative nu~n~dity, Condition mandrel and spec invents 2 hours at 15 72°~ b~f ore test. Use a1 umi num } panels, 0.03 i nct~es th i c~ ~ane1 or e~ua1 . 3.3.2 lens i 1 ~ Strength, psi , 20 m n imu~n cast sheets,. 0.25 i ncf~es th cis ar,d air dry- at 15 +SPF, 50 +10~ relative humd~t~ for minimum of lfi hours. Load rate: 0:05 inct~+es/minute, use ASM D2523. 3,3.3 5~ongation, ~ 2.0 minimum same co~nd7ti~ns as 3.3.2 use ASTM D2523 3.3.4 S1 ant-shear strength to cvncrete~ Ps i ~ 150 ~ni n imvm Use Cal i f orn i a Test ~le~hac~ ~o. 434, Part VI i I . Space damp ~►i th n~ 10~~ b l ock~ w~ th Q.25 nch~s. bet~een slant ~ac~s, seal s i ~e5 of adhes i ors to and bott~a~` wi th t~~e ahd f ~ 11 with the wed ~ stirred c~ncret~. . sample, ~t~ik~ oft the excess. Dry in 14QpF oven to constant we i gh~ and fond i t i on 1 day at 75 2~F before . besting, t.o~d rats tp be 500 lbs/minute. -3.3.5 Resistance to ~+ater No b1 i s eri n -Use ASTM D2939-, Alternative 8 _ re~e~nu~ sif ication- ar 1 os s of adhesion _,,4 Wor#cmanship x.411 The seal ant sha;l l be properly d i s~erse~ and .any. se~~1 i n sha11 be • ~ e 9 easy 1y reds spersed witf~ m~n~mum resistance to the s~d~w se Manual mo ian a paddle across the bo ~o~n of the container. It sha11 form a s~noat~ uniform pr~d~ct of the prd~er c~~s stency~ I f the material cannot bm easily redisper~ed due to excessive settlement as described above ~or due to any other- cause, the seal ant shall be considered unfit for :use. w2s e Asphaltic Emulsion Inductive Loop Sealant 8040 4lA l5 3.4.2. The seal ant shai i retain al ~ s ecif led ro rti p p pe es under normal J .storage conditions for l~ months after acceptance and deliver. The vendor shall be res. ons i b l e f ar a y P 1l costs and tran5portat~on charges incurred i n replacing material that i s unfit for use. The properties of any repi acem~ent material , as spec if i e~ i n Paragraph 3.0, shai 1 remain satisfactory for i 2 months from date of acceptance and del ~ very. 3.4.3 The sealant shall comply with all air ollution n p co tro i ru 1 es and regulations within the State of California in effect at the time the seal ant i s manu~acturEd. 4.0 QUAD. QTY ~►SSllRANC~ PROv I S IONS 4.1 Inspection This material shall be inspected and tested in ac ' cordance with State of California Spe~if ic~tion 8010-XXX-99, or as otherwise deQmed necessary. . 4.2 Sampling and Test~n . ~9 Unless ot~er~~ise pe~mitte~ b the. En i~eer :them ~ . Y 9 ater~al shall be sa~npl e~ ~t t#~e place of manuf actlire and apps ica~ior~ wil ~ not b.e per~tt~d until the mat~rai has been approved~by tie En ineer. g 5.0: PR~QARAT~~N ~'OR OELZV~RY 5.1 P ask ag i ng Tie seal ant shall be prepared in a one ac~a e s t P g ys e~ ready ~ or appl~cat~on» The mater.aal sha l b~ furnished in container size as specified in the drehase order o~ contract a If ordered in 5 al l n P ~ site the container hal3 be new? round, standard full o en head with p bails, seal l be nonreact~ve with the contents, and seal l have . com~atibie gaskets. The contar~e-~~- shall com l pit p y h the. U.S. epartment of Transporta ion or the interstate Commerce Commission regulation , as aP~p l~i cab l e. , ~.2 Marking A'l1 containers- of material shall be labeled sh wi o ng State specification number, :manufacturers name, date a~ Manufacture and manufacturers hatch number. The manufacturer shall be res onsible for ro er P p p sh~pping labels as autlined in Code of Fe~erai Re ulations Hazardou M R 9 ~ s ater~ dl s and .egu ] at z ons Board, Reference 49CFR . _3. asphaltic Er~ullion Inductive Lccp Sealant _ ao4o 4l A ~ ~ 5.o NaTES 6 . l Directions for Use Saw cuts. shall be blown clean wit~t cam ressed air to r m p e ove excess. water and debris. The sealant must be thoroughly stirred before use and hand poured ~nta ttie slots. Dine td the sane content of tf~is materi al~ , pur~pi ng: i not: recommended. An clean of r t 01 ~ ~ up road. surface o ~ scan be done with wager, betor~e the sealant Sets. 5.2 patents The ~ontractcr shad assume ail cosh arisin fr ~ o .the use of patented materials, equipr~e~t, devices, or processes used on or i n~ orporated i n tf~e work, and a re~S to i ~e~nn i f and . . , 9 y sage harmless tie Stave Qf C~ l ~ ~orr~ ~ a, and ~ is du~l~r ~u~h~r~z~r-e~rn#~t~- - - fror~ al ~ su ~ is ~t law or action o~ ever~r nature f or° cr on account of , the yse of and patented maters a1 s, epua pent, devices or processes. ~.3 ~ertif irate of Compl ianc~ . Zhe. ~anuf acturer shall f urn i sh a Cert i f i cafe of Coca 1:i ance i p ~ th .each . . batch of seal ant, i n accordance ~i t~ . t~.e prom si an bf Se~ct~ cn. ~-l . C~~ of Ca ~ ~ f orn i a Department cf ~ raps ortat ~ on S and p and Spec ~ i' ~ cat ~ one, January jQ~7. o ac~,4 ~ ~Tc~tv17S}~i,D , SAC ~'10r1 ~r'di~lroaa' or Praoert Line . ~~..,.~_.,_..~._._..~.r..~~. L ~vee _ /C'i~h f o~ ~/ay Lome Wall. fro ~Cf Cenherlir~e r........~. C~ 1 v~rt ~ ~'x~'sf/gig ~'d9e off' Pa vemcn~` ~le~ e 9 x....~._x X..,..~.....X ~"enre ~ safe Deci~~ous 7"r~ ~~~rd 1~'dil ~vergreerl Tree MO►n cr/r►ent ~f~r`~rre 1n/~fcr Give ~ervi~e ~ca/e G - Gas L ire Pacuer '.,f~% 0 dr / ~~r~e D 1N. M. Wa~`er defer 8 ~ - - - ---r...~: Burl ~d Telephone -Cable ~ W. ~l W~ ter /ve ~ p - - -d-Y--r buried .Power Cale ~ - F H. - ~!re N ~rar~~` y Seder L~r~e ~ ~ M. Meter oa ,gefia/ Wire @ V. Cis ~a/~e Ac:-i a f C~ ble i1 M.H. ~r~nho% (~xis~fr~ 9 _ _ Pole. ,~r~~chor Q M4 H. /~ahhole ~i~u~vr~ Clfi li fy ~'o~'e Te/eoha~ae po% lYlon Urn~rr ~ (~~r~ f~' ) ~ Free ~ ~ 1 h ~ ~ ~ ,~7 IN BDOK:AT PA►G~,.._.,,~.~ ~ ~ ~ d ~ ~ l1 DF8~1'~i'A~ ~ L< I t o DFFICIAI. RECORDS OF ~ KERN COUNTY. CJILIFORN111 ~N~INE£R1NG C~~~A~TiVIENT A....,.~,.~_ I ~ Sow Cut . . • • ' • Class {6 soc~1 Porr~O!~d , ~~~'x~sting ' ' ~ ~ :Cement Ccvcrrte. Color' ~ _ • Portland Cernrnt . • • , • a and finish- to motCh • ~ : Concrgtr'.' ~ odjacent ,oovrment. ~ : , . ♦ . v. 0 t ~ Select Materrol ~ o~~~ {If rrgvirrdJ a ~~~//~~~iii 111 ~ ~aCkflll ~ I PATEN ~N ~a~~~~E SU~~~►C~ Qspholtic point Qsotraltic point finder-~ ,r---•-.- ~ ~ SoW Cut ~ vrndtr ;~:><«:7, . ; I son concre e ~ sue ocm z~sfin ` v~,c olt`'cdr~crete . ~ ~i~~i * : A.' •Y-. iV,r i.9 s~fr~l • Patlvnd ..r. : y~ µ~J~:•~.. ~ ~ a:.` '.''..Cement ' CaicrE~4; . a n Select Motrriol (If rrgtiiredJ o~ Bocklill PA't~~# ICI ~~P~A~,~ C~NC~FTE 5~1~~AC~ ~Q~~ THAN 3~' ~N TN~C~NES Asp~ltic poet _ 6~iVER~4L NG~TFS: _ AS~hOItlC p~oiht ~rnder So;w Cut r~° binder ra '~3.» , ~ ~ « • . ,....~~4. , ~ All r+1vrkmtidship and mote~ria/s shelf r...•. a~,;~.:.,y •~~.~,,4 as,,~rrv/t ~4nCtete , ,ristinQo aspnor ~•COno •e ~ , ati xr ► g ~ COnfQI►7T? to th r i~••• i ~i • • ~•A~ T , • ~I » • ► .!i ~r► h +Nt . ♦ • + ~ x M.. ~ equiirrr~ents°. set : fortA in r~rf ~~'•~~~:,o: 4 ~ •2,~::~3': ~~hick~ the ~Slandnrd fi ti .:ci~~,. ~ !!..q.,.., Speq CC dllS~- St0/r or i 1`a'~ i+ ► •1+ ~ . a a 'o ~ ~ t r ~ ~ ~ ~ , CO/ifOMro, ~CDart1~'lrnt ' Of pU~IIC ~7/ks, . Division of Highwoys. 6x Untreated roes bosr ~ ~ • . Sow cyls of on opening in osplro/t t • i ' Concrete 3 a mere inches in thic~nesx ~ Select Moteriol ► ~z mo be mode when the concrete r~• ~ , ' ~ potch hos cuPrd and is reedy to ~ ~ 1 ~ receive .the ospho/t concrete surfocing. 8oc~rfll Sow Cats sh~l! ae made porollel or ct right ongks to tt~e CrnttMlinr of the PA~'~N ~N AS~~~1.T ~~~1:CR#~~'E SU~F~AC~ s~.~~ L~Sa T~Af~ 3~ ~~V ~'H~~~C~i~~S De~oth of select motrrr4l ~i rtqu~red, , - sh4ll ~ determined in the 6leid by the _ Enginers ;~--Qsp!►o11tic point 'binder /n asphg/t Concrete road• surfacr~, aspna.~t t ~ f ` t }~~~T[ aast~nq roo ' ~ Ct~nCrrte~ surfocrng shoes be rnixr~ with r=te ~surfa ~riq,:°~r poYrnyt grade ospholt y ,i SNeCt -Al'dteWiol a ' , PQtChes less than 2 feet : fi0m ~!f rrsa~dJ ~ existing `poaches, edges of pdvemgnt, o~ gutter shall be extended to ' ~ ~ , include the intermcdiote i'so/oti~g strip ` - of `existing payeme~rt, ~~fil1 , Minimum ,dofch width. shop be 2 fort at its- smollest dimension. PATEN fN ~UA~ S~~CE ~I~110~f~ i1 TM~ OATS{ ~ It ~ Rk~p1l1 1'J. PA1l M T ~A~'~ ~ ~ ~ ~kR~~~n J.QN I are c6a~K ~A~so l~10l~E' nsr~w~~ ~)TY c~~° ~~4KERS~"1~L,~ ce :~i~,c ENGaNEEi4lNG°i, OEPA~R'!'~tENY PROPOSAL FOR To the City Clerk of .the pity of Bakersfield: T~~AFFIC S~GN~L SYSTEM ON AUBURN S'T'REET AT FAIRFAx ROAD The undersigned, as bidder, declares that the only persons or parties interested. in ths.s proposal as prlnclpals are those nano here~.n; that this pro- posal is r~adc without collusion with any other pars©n, .firm or corporation; that he has carefully examined the location of ,the proposed work, the annexed pro- posed fora Of co~~tract and the plans therein rezerred to;.and he proposes and agrees i~ ~.zs proposal is accepted, that he will contract with the.Gity of Bakersfield, in ~~e presori~ed f o~i of contrast hereto annexed, to prOVide all necessary machinery, Nola, apparatus and other means of construction and t~ do allthee.~ork and furnish all the materials in accordance with. the plans and sp~~- cif ications for the above, f ~ec~ in -the office of the Finance Diredto~ of the City of Bak~rsf field and as specified. in .the contract, in the manner. ar~d time therein prescrir.~ed, and according to the rec~uire~nts of the Engineer . as therein set. fo~.•th, and that he will take. in full payment therefor the unit prices or lump s~ set forth in ~e following schedule: In case of a d~.s~crepancy between words and figures, the words shall prevail; and incase of discrepancies Between unit pr-ices and totals, the-.unit prices hill prevail. Thy undersigned furtiner agrees ghat ih cage of default e~ec~t_ing t~~e required contract ~ with necessary bonds ~ wi t~~in ten ~ l~) days, nct ~.n~~.ud~.:ng Sunday, after ha~in~,received notice that. the c~~ntract is ready for signature, the prcceeds~- of the c~eck_ or .bid bond accoran~r~.ng leis bid s~:al1 become the. pro ~erty of the ~i y cif Bakersfield. Bidder acknowl~d~es re~~ipt cf the fc~llo~ing addendum: ITEI~1 A,aPRQX. l TEi~~~ ~i~ T~ LU~>~P SUI~~ PR~~,E Ui11I1 ~ NQ. QUAtvTI~'Y ~IT`I'~i~ IN ~~~7F~DS - PRICE TO'~AL. . _ . L~ Traf f fie ~~al _l. _Stn _ Lump hum 2 . 19 ~ 4 . Remove Pavement mark i n s Per S . Ft. SIGNED - , TOTAL . Bidder Page 1 of ~1 D3:1:41012.3 PP.OP~OSA"L FOR To the City Clerk of the pity of Bakersfield: T~:~AF~TC ~T~NAL sYST~~I ON AUBUPN ~~ET AT ~°AIRFAX ROAD .The undersigned, as bidder, declares that the only persons or parties intereeted in ti~is proposal principals are those named herein; that this pro-- posa,l is rr~ade i~li thout collusion with any other person, ..firm. or coirporat ion; that he has carefully examined .the location of the proposed work, ..the annexed pra- pos~.d form of .contract anal the p~.ans t~.erein referxed toy and he proposes and agrees if this.,proposal is accepted, ..that he will contract, with the City o ~a~ersf field, ih the prescribed form of contract hereto annexed, to provide all n~ecess~ry machinezy, tools,, apparatus and other mAans of construction and to do all the work and. furnish al:~ the materials in accordance. with the plans and spc-~ c if ications for the above, filed in the office of the Finance Director of the City of ~akersf .zeld and as specified in the contract, in the n~~nner and ta.~~e therein prescrir~e~, and according.. to t~~e requirements of the Engineer as t.~~erein set forth, and that he will tie in full pay~ent therefor the unit prices or lump sins .set forth in e foll~~ing schedule: In cash of a disc:~epan~,~ ~tween ~d~ords and figures, the ~ror~s shall prevail, and sn ..case of discrepancies between unit prices and.. totals, the unit. prices shall prevail. Thy u~.cprsigned ~~arther agrees ~~x~.t in rase of de~au~.t in ¢xe~uting t~~~ refired cor~tra~t, w~~h necessary bonds, w~. Alin ten ~ 10 ~ ddys, not including ' Sunday., after having. received notice that the _cmntract is ready for signature, the proceeds of tihe check or bid bond accompanying his bid shall :come :.the pro- party' of the City ~f ~akersf i~l~ Bidder acknowledges ~~ceipt of the following add~ndur~: ..z.. - ~T~ APP~G~. 1TEt~`~ ~~'~i ~U~IP S:~I~I Pi~C:F U~ T _ , .....N.. NO. aU~~3TITY w~ITTFi~ IN i~?P~S ..PRICE ..TO~L^ 1, Lump Traffic signal _ ..~v. Sum L ~u~ 2. 19~~ Remove ~'avement~ i~ar~~n ~s _ ...r,..,....,.1 ~ . _ . Per ~ ~ Ft. sIED ~ . TOTAL Bidder Page l of l D3 :1:43.01.2.36 Traffic S~igna~. System on Auburn Street at Fairfax ~:oad ~IST~` oF: SUBCON TRACTQRS All persons or partied submitting. a bid proposal on the~pro~ect shall con~lete the following form', sating forth.. the nary and the location of .the.. ~ii11, shop or off ice of each subcontractor who. will. perform work or labor or render service to the Contractor in or about. the construction of the work or irovement in excess of one--half of ors ~ l ~ } percent of prime- Contractor' s total bid, and the portion of the work which will. be done each . subcontractor. This list- is to be correlated and suL~n~.tted with. said. bid proposal. The Subletting and Subcontracting Fair Practices pct ~Gover~~ment Code Section.. 4I~o et seq.) applies to all contracts except those for construction, improvement or spar o~ streets or hghway~~, including b~~.dges, and applies to such contracts as to the portions thereof covering strut lighting and trafficf signals. If a contractor fails to spedify a subcontractor for any potion of the work to be perf on~d under the contract, he shall..- be deerr~d to have. agreed. that he is fully gualif led to per~or~ri that portion himself and that he shall perform saach portion h~.m~se~.f, and he shall not. be permitted to subcontract. mat ~cLtion of the :work except as authorized Section hd California Gover~~ent Code. D~VISIQN o . . . ~.~E St~o~'?'R~~TO _ ~ _ .A~~SS~ ~R,~ I?~VOL D3 :1:4101:2.37 f { ~~`Yi~)lldjf l•~li~ 1 1 .~'1 p + 0 1! of) ~ ~ 1 \l...rw..e..o..•.•a.e.ve•..ea•...re.e.oeweeo~.e.eoeaoeoaw,•r•e.~.•weaee.~we.e o ~ ~ 0'I' l ~;L : l tl~e~•~ t It~• ~ti•o~~c~.~ "c~a~~ t`eastiie~'s cheek;," r`cer~i- ` heel ~~:et:l;,'' 4t• "tii~ltl~r' bt~ncl," tise ca~c ma`• b~e~ , in as~o~nt equal ~o a least t~~l~ l~~~rtl:nt of cltc tocai e~ tltA Uit~, The tt~.tttt.~s o~ all l~es•SOt~.4 it~tcr~~~titet.l itt the fora;;t~iv~ l~ra~oaa? as ~ri~a- ci~~als ale as follo~r$ ~ ~ If bidder o~• other interested person, is d cor- '3~ ~~~Z~e poratlonr sate 1eaal Warne of car~orat~or,, also names of the preslJ~nt, .secretary, t~~easur~r, and rnana~er thereof; ~ a ccpartr~ership, s~a~e true name of l'ir~~ ,also names or all indi~ridual copa t- revs cor~~osi,-~~ firm; i~ bidder or other interested per~c~~ is an individual state. Il~s~ and ;ast r~arnes in l't~11. ' .•...rae.~•..••.>.~..•.••.er.e••.•...e...e•..e.s...r.. •s.e.re..........• •..•.~.....•.r.e.r..........ee. ♦r.. ae..es.e •r...reeoowe r ~ ~ ~ •.e a•.. •....ee •..r..r•eu •r..e ' . e.•...•....•.. ee.. •.•....e• •r.. •..e.•... ..e.e....w~..•. .•.•aeew.ierw•e...err.••...e - ~ •.r....r... • ........•••..r.r~~..e.•e......••.. ..r .e•..... •.rre .e..e•r.e r•.... .e••.a.+.e ae...• .a •.r. ..r Licensed in accordance with an act providing for she renistraticn o~ ,,~nfiractor's License i~'(`y'~r v~. • .•...............•.s. a. o. •••.•.•r.e.ee re..er e.. ~ ~ - ••.•..rr.....a........se•..ee.... o.e r..ose•eee... sea .r..• e.. e. .ew..ee S~~l~t • ..•.•...r.•..•.e..••e•.~•rer...e.•. eOr..e..s..00..r.I r•..• .1. •e•......'•..r e. • H~~ ...............................<....<..ee..e..e........e..ee...<,r....r.e..e.r..•<...~..,... Signature 4f ~3id~er NOT£--tt bt4der it o eor¢aratlon, lbe I.gat IIarn• aC Ihs cor~orctlo~a ~t9oti b• rtl tort4 a,~r♦ tdgettsrt wlfb tD~ irgocttvtr at the attt~er .ot cttttrrg outhartged to it,ts eoatract~ oa !?~boli it 1tl~ eorporartoq!` t1 4iCdrr is a copQrtoerrt~lq. ttte Iruv nar~r of 4he tirm t9~li b~ _r et forth a.ao~~ to4xtt+tr *+91h the rtgaatyre of ib~ ptutn.r or Dartaerr autAart~ad to 9tga coairtrat' Ite beisalt of ttl+r roparta+rciYl~; and tt blddrr 1x ca indt~lduat; b!~ atr~nat.ure shall ti• placed aDarq. It a gaar~re V by ~ v9eat, oth+rr Ihaa an ottttrr at a torporattea at o ageretsdr at a gartosriltiQ~ a Po~ct of ~t1lar~ep must bs as tl1~ wttb ta. G'trr Ct+rk ct i9+r C1t7 at lak.rattetd Qrtar io op~~,nq Dtdx . ar . ~ ttsbmlttrd ~+►1t4 tA+ bl4: otllrtwtie. tD~r b!d w1lt b+ dlar.gasd.4 ota Itr+yr,~,lnr Wad uoautharl~.d. Business address . ...................•.........e...e....... O.•I. e..p . Place of res~dence ..........................................ee..ee.ee...e...e....•.......se e..e.e.e.ee..e ...I •I.. e.. •........1....•.. •1.. 1..• •e. e. e.O ....e1..06 ~ A/ O.. e01 STA~'~ ~F CALI~'flR~'IA, . as. C~Ui~T'~' ~F Can th~s ....................day of................................................, 19.........,......, before rne, ............►...r.......••....•~.......~ ..........................~...•.......•I...............•....e..e•e.•~...•.......a...........r.......... a notary pu is ~n and for the County of Mate of California, personally appeared known:. to r.~e to ~e tlZe person -whose name is subscribed to the. within instrument at tl7e fit- torney In Fact of ...,...............~......~•.•.......•~...♦....................•r.......•.•e ..............•........~...~.~....r•....~..•......... and acknowled ed to me tha g the SubSCrlbed the name of a.e •.o......•..• • N.. o....1 ................................................,,.......................~hereao as surety, and his own name as Attorney in Fact. _In witness whereof I have hereunto set my .hand-and affixed my of fici~I seal tie da and ear in Y Y this certificate first above written. N.•o.•.►.a.•~..0e.0•oa.O........1.1....w~,........ w....•...1......,.........•..• Notary° Public ;in °amd for. aid County and Mate. . ~To be completed by the Contractor, if he elects to substitute securities in lieu of retention] . ESCROW AGREE~~ENT FOR SECURITY DEPOSITS IN LIEU OF RETE~1TIO~1 THIS ESCROW AGREEIT is made and entered into by and between whose address is , herzinaf ter called °'Owner" , ~ ~ ~ ~ ~ ~ , whose address is , hereinafter called "Contractor" and , . whose address is , hereinafter called "Escrow Agent" . For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: 1. Pursuant to Sect~.on X590 of Chapter 13 of Division ~ of Title 1 of x the Government Code of the -Stag : of Cali-forma,, Contractor .has the option to :deposit: ~secura~ties wit. Escrow ~gont ~ substitute fer retention earnings Lsqured to be~wthheld by Owner pursuant to the-.Constructon.Contract entered into between the Owner and Contractor for TRAFFIC SIG~~AL SYSTF~~i ON AURBUR~1 STREET ~T FAIRFAX ROAD. in the amount of ~ dated ~her~inafter referred t~ as the "Contract") ~~hen Contractor depoeit~ the securities as a substitute fir Contract earnings, the Escrow Agent shall notify the owner within ten X10) days of the .deposit. The market value. of .the securities at the time of the substitution shall be a~ least equal to the cash ar~aunt thin required to be withheld as retention under the terms cif the- oontract between. the t~wner 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 payr~nts to the Contractor for such funds which otherwise wo~~ld be withheld from progress payments pursuant to the Contract pra~isons, provided .:that the Escrow Agee. hold securities in the form and amount specified above. 3. Alternatively, the owner may make payments directly to Escrow Agent in the ar~ount of retention for the bezlef it of the Oc~~ner until such time as the escrow created hereunder is terminated. D3 :1: 41 ~ 12.3 8 1 UG : wrrl ~ . Contractor shall 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. S. The interest earned on the securities or the money m~ar~et accounts. held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without not-ice to the owner. G . Contractor shall. have. the right to withdraw all or any part of the principal in tine Escrow Account only by written notice to Escrow Agent accompanied ~y written authorization from Owner to the Escrow Agent-that owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The Owner shall have,a right to draw upon the securities in the .event of def cult by the Contractor. .Upon seven ~ 7) days' written notice to the escrow Agent fromrhe Owner of the default, the Escrow Agent ,shall immediately convert. the securities to cash-and shall distribute the cash as instructed by the owner. S, Upen receipt of written notification from the t~wner certifying that the Contract is final and corlete, and that the Contractor has cor~plied with X11 require:nts and procedures applicable to .the Contract., Escrow Agent shall :release to Contractor all securities and interest on deposit less-esc~c~v fees-and charges of the Escrow Account. The escrow shall be closed in~ediately upon disbursement of all moneys and securities on deposit and paymer~te of fees and charges. 9~ Escrew Agent shall rely. on the written notficat?©ns from the O~rner and the Contractor pursuant to sections ~4) to inclusive, of this agreement and the Owner and Contractor shall hold Escrow Agent harmlessfrom EscrowAgent's relzase and disbursen~nt of the securities and. interest as set faith above. 1~. The names of the persons who are authorized to give wri ten notice or to receive wYitt~n notice on behalf of the owner and on behalf of Contractor in connection oath the foregoing, and exemplars of their respective signatures, -are as follows On behalf of owner: On behalf of Contractor: Title ~ Title ~~ame Name ignature ~ igr~ature - Address Address I~3:1:4112.39 2 GG:wrn on behalf of Escrow Agent 3 . Title " ~~arrie Signature Address At the time the Escro~v Account is opened, the owner and Contractor shall.. deliver to the Escrow Agent a fully executed caur~terpart of this Agreement. IN 'TNESS ~v~HEF~oF, the parties hive ex~;cuted phis Agreement b~ .their proper of f ~~rs on the date first set forth abo~re. _ _ Caner Contractor Title Title Name Name Signature S ignatur~e D3:I:4i.s~12.40 3 C-~:wrn Ili WITNESS 'HEREOF,-the parties hereto have. caused .this Agreement to be executed, the da~r and year f irst-°a~ove Britten. ciTY ~F B~~KEESFIELD By ~~ayor APPROVED AS T4 FOB: By Oity Attorney COUNTERSIGNED; By Fiance Director of c~r~~cT~R) B Y Contractor ' G -~2~ cOiV'TPACT2 Addendum No.l Sheet 1 of 2 PROJECT: Traffic Signal System on Auburn Street at Fairfax Road BID OPENING DATE: January 19, 1989 2:00 PM NOTICE TO ALL CONTRACTORS BIDDING THIS WORK You are hereby notified of the following changes and/or additions to the Plans and Specifications. Such changes and/or additions are hereby made apart of the Plans and Specifications and shall take precedence over anything to the contrary therein. n REVISION: PT.~ANS No Changes SPECIFICATIONS 1) Page 2, increase working days from 30 to 40. 2) Add Page 27, attached, missing from some sets. 37 Pa e 28, Article (d} CONDUIT. Add the following parpagraph: g Conduit shall be bared under existing street pavement unless open trenching is allowed by the Engineer due to poor soil conditions or other circumstances. 4} Page 30, Article (i} TESTING. Add the following paragraph: The signal shall not be placed in flashing mode, with signal faces uncovered, prior to the Functional Test. NOTE: All Contractors bidding this work shall denote in their proposal that they have received Addendum No. 1 and bids shall reflect these revisions. APPROVED BY .r Steph n Walker Darlene Wisham Traffic Engineer Purchasing Officer 4:ADD.AUB ~'w~ (a} PARTICIPATION BY FOREIGN CONTRACTORS AND SUBCONTRACTORS. The Department will not consider for award any bid pro sals submitted b an po Y Y Contractor, and will not consent to subletta.ng any portions of the contract to any Subcontractor of a foreign country during any period in which such foreign country is listed by the United States Trade Represent-,ative as discriminating against U.S. firms in conducting procurement for public works projects. In addition, no product of any such listed country shall be permanently a.ncorporated into the project. This special provision applies to the participation of Contractors, Subcontractors and products of the following countries which have been listed b Y the United States Trade Representative: JAPAN For the purpose of this Special .Provision: 1. Any Contractor or Subcontractor who is a citizen or national of a foreign country or is controlled directly or indirectly by citizens or nationals of a foreign country, shall be considered to be a Contractor or Subcontractor of such foreign country. The terms "Contractor" and "Subcontractor" also include any partner in a joint venture. 2 . Any product, of which fifty percent (50~ } or more of its cost is attributable to production or manufacturing in a foreign country, shall be considered to be a product of such foreign country. PAGE 2 of 2 Addendum No. 1 D3:1:41012.27 -27~ GG:wrn Addendum No. 2 - - _ : ~ Sheet 1 of 1 . - PROJECT: -TRAFFIC -SIC~IAL SYSTEM ON AUBURN STREE w - _ _ R OAD . . _ _ r , AT FAIRFAK BID OPENING DATE: JANUARY 19, 1989, 2:OOPM _ NOTICE TO ALL .CONTRACTORS BIDDING THIS WORK You are hereby notified of the following changes and/or additions to the Plans and Specifications, Such changes and/or additions are hereby made a part of the Plans and ifications and shall take precedence over anything Spec , to the contrary therein. REVSSION: PLANS On the Pole schedule, for the lA poles, change vehicle heads from SV-2-TA to Tv-2-T SPECIFICATIONS No Change OTE: All Contractors bidding this work shall. denote in their proposal that N the have received Addendum No. 2 and bids shall reflect these revisions. Y APPROVED BY . r ~ f~`Ste ~en~Walker Darlene Wisham p ~ ~ Purchasing Ofticer Traffic Engineer ADDENDUM N0. Z 4 : AUB , FAF wrn GUARANTEE T1~AF'F I C SIGNAL E~CJ IP~lENT CITY of BA~KERSFIELD Department of Public works 1501 Truxtun Avenue Bakersfield, California In accordance with the terms of Contract No. for.the Project: '~FIC .SIGNAL SYSTEN~ GN AUBt~PN STREET AT FAIRFAX ROAD. , awarded- on ,between the City of ~akersf field ~h.ereinafter referred to as the--City), and the undersigned, which contract provides for the installation of li htin aid/or traffic si nal s stem , .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 e~ipment installed ~~rsuant to said :contract, except lighting elements, drove defective or should the system as a whole prove defective, due to faulty workmanship, material furnished, or Method of .installs,-- tien, or shau~d said system or any part thereof fail to operate properly, as planned, due to any of the above :causes, al.l ~rithin ~ l ~ year after dale on which said contract is accepted by tile. pity, the undersigned agrees to reimburse the City, upon der~and, for its eenses incurred in restoring said systems to tie condition contemplated in said contract, including the cost o~ an~Y ~qupme~t ar materials replaced, or, upon der~and by the City, to replace any. -such egu~:pment and repair -said systems complete~.y without cost to the City, so that they ~ x.1.1 operate successfully as origi.~allycontemplated T.ne City shall have the option to: make any needed repairs or replace- meets itself or to have such replacen~nts or repairs done by the undersigned. Prior.. to such replace~ent or repair work being done tine C~,ty, the undersigned shall hive t~1e option to make any needed repairs ar repla~emente. In'the evYnt the City elects to have said .work performed bk the unders~.ed, the undersigned agrees that the repaire shall, corr~nce to be rude and such: Materials as are nec- essary shall camr~ence . to be furnished and installed wthri~~ Twenty-Fear { ,24 ~ . hours of the date speci~i~d in the City's written notifdation. Contractor shall prosecute with due diligence to complete the work within a reasonable ~aeriod of time, as speca_f ied in the Cry's written not.if ication. . Said system will be de~r~ed defective within the meaning ~f this guar antes in the event that they fail to operate as originally intended by the mangy- facturexs thereof and in accordance with- the plans and specif ic~tens inc~.uded in said Gc~htract. . Contractor.'s Signature _ firm Date Address D3:1:4101.~.4i SAMPLE SAMPLE CONTRACT NO. ...~.,.m_.._.......~ .S DESCRIPTION OF [ARK TO FE PERFORMED -CITY 0~' SAKERSFIELD THIS AGREEMENT, made and entered into t~~is day of , 19$S, by and between the CITY OF ~~KERSFIELD, a municipal corporation, hereinafter called "City, " and ,hereinafter called "Contractor"; wITNESSETH: WHEREAS, City nas duly advertised fQr sealed proposals for L within the City of. Bakorsf geld. On the day of , 1~8~3, the. contract was awarded-to Contractor upon his properly executed bid; and ~~ERl~S, one of .the .conditions of ~ said award required a .formal .contract to be executed by and between City and Contractor.... . NOw, THERE~'ORE,.it is mutually agreed by and between the parties hereto. as follows ARTICLE I Contractor agrees to furnish supplies, equipment, labor and-.materials for wi-thin the City of ~akersf field. ARTICLE II The,following shall be deemed to be part of this contract as if full Y set f ortnn herein 1. Information to Bidders 2. Special Provisions Bid Proposal 4. Bidder's Band 5. • Performance Hond ~~aterial 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. ~ Co~vTRAC~l t t 4 D