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HomeMy WebLinkAbout1989 Special Provisions Project 41015 41019COPY NO. CITY OF B~~ERSFIELD CALIFORNIA SPECIFICATIONS INFORMATION TO BIDDERS SPECIAL PROVISIONS BID PROPOSAL FOR. T1~'FSC STG~AL SYST]~MS ON MANNING STREET AT MINE AVENUE, § § ASHE ROAD AT CLUB~EW DRIVE § § BID -DATE ~ APRIL 13, 1989, 2:00 PM DEPART`~~iENT OF PUBLIC ~CJRKS CITY OF B~~KERSFIELD, CALTFORNIA 1501 TI~tJXTUN AVE1`~;E R~~KERSFIELD, CALIFORNIA 93301 D6: 41015 41Q19 CITY OF ~RSFIELD DEPARTMENT OF PUBLIC WORKS NOTICE TOC4NTRACTORS SF~~LED PROPOSALS will be received by the City of Bakersfield at the Office of the Purchasing Officer, City Hall, 1501 Truxtun Avenue, Bakersfield,. California, until 2:00 o'clock P.M. on APRIL 13, 1989 to be publicly opened and read immediately thereafter, for the following work: TRAFFIC SIGNAL SYSTEMS ON M~~NNING STREET AT MING AVENUE, ASHE ROAD AT CLUBVIEW DRIVE. Plans and specifications, and forms of proposal, bonds, and contract, may, be obtained at the office of the Purchasing Officer by posting a refundable deposit of ZERO ~ $ 0.00 } for each complete seta Refund of deposit will be made provided the plans and specifications are returned to the Purchasing Officer within ten X10} days from date of bid opening and the documents are in reasonable good condition.. No bid will be considered unless it is made on a proposal form furnished by the Purchasing Officer, which appears herein immediately following the sped- ficatons of the project, and is made in accordance with the provisions set forth under Section 2, "Proposal R~rquirements and. Conditions" of..the Standard Specif icat~.ons of the Department of Transportation, Business Transportation Agency, State of California, under date-of January., 1988. Each bid mush be accompanied by a proposal guarantee i~ accordance.wi h the requirements of anti- cle 2-1.07 of the said Section 2 of the Standard Specifications. The City of Bakersfield reserves the right to reject any or all bids. Bids are.. required on the entire work described herein. Substitution of securities for moneys retained to ensure performance shall. be permitted pursuant to the provisions and requirements of Gover~unent Code 459Q. The eligible securities include interest bearing demand deposit accounts, standby. le ters of credit, or any other security. agreed to b~: the Contractor and the City of.Bakersfield. The request for substitution of securities to be deposited shall be submitted on the form. entitled "Escrow- . agreement for Security Deposits in Lieu of Retention" included in the back of these special provisions. . ,The, Contractor must possess a valid Class A or Class C-10 Contractor's License at the time-this contract is awarded. SPECIFICATIONS: The work embraced herein shall be done in accordance with the Standard.Specifications of the. Department of Transportation, Business and Transportation Agency, dated January, 1988, insofar as the same may apply and inaccordance.with,the following provisions. D6: 41015.1 -1- GG:wrn 41019 PR~~RESS OF THE WDRR AND TIME FOR COMPLETION. Attention is directed to the provisions of Section 8, 8-1.03, "Beginning of Work," Article 8-1.06, "Time of Complet-ion" and Article 8-1.07, "Liquidated Damages," of the Standard Specifications, and is specifically hereby made a part of these special provisions. The first paragraph of Section 8-1.03, "Beginning of Work," of the .Standard Specifications, is amended, to read: The Contractor shall begin work within fifteen {15~ days after receiving written notice the contract has been approved by the City Council and to proceed.. The Contractor shall diligently prosecute the same. to completion before the expiration of 50 working ,days. Contract working days will commence fran the date the Contractor begins work or the 15th calendar day from the date of the written notice to proceed, whichever comes first. The Contractor shall, furnish the .Engineer with a statementfrom the vendor that the order far the electrical materials required for this contract. has been received and accepted by said ~endor,:and said statement shall be furnished within fifteen {15~ calendar days from the date of the ,contract. Said statement shall show the date or dates the electrical materials will be shipped. N~ work shall begin on the project until all components necessary for operation of the signal .system are on hand. The Contractor will be granted an extension of time and will not be assessed with liquidated d~~mages or the cost of engineering and inspection for any portion of the delay in comple ion of the work caused by manufacturing time. Thy n~unber of days .extension shall be the working. days between the date as determined adcordng to Special Provisions Section 4-1.01 and the date of receipt of all components as determined by the Engineer. Upon receipt of all cc~nponents, the contractor shall notify the, Engineer in writing and the Engineer will order start- of .work in writing, Full compensation for conforming to the requirements of above paragraph -shall be considered as included in the prices paid for-the. various items of work and no additional allavvance will be made therefor. D6: 41015.2 -2- GG:wrn 41019 CITY OF B~~KERSFIELD, CALIFORNIA DEPARTMENT OF PUBLIC WORKS ,SECTION 1. PROPOSAL REQUIRI~MENTS {a) GENERAL INFORMATION. The Purchasing Officer of the City of Bakersfield, California, willreceive at her office, City Hall, in said City, until 2 o'clock P.M. on APRIL l3, 1989 sealed proposals for T]~AF'FIC SIGNAL SYSTEMS ON N~~NNING STREET, AT MING AVENUE, ASHE ROAD AT CLUBVIEW DRIVE.: {b) PROPOSAL FORM. All proposals must be made upon blank forms to be obtained f rc~n the Purchasing Officer, the form of which appears. herein irrmnedi- ately following these specifications. All. proposals mustgive the prices pro- posed, both in writing and figures, and must-be signed by the bidden, with his - address. If the proposal is made by an individual, his name and post office .address must be shaven. If made by a firm or partnership, the name and post office address of each member of thefirm or partnership must be shaven. If made by a~corporation the-proposal-must shwa the names of the state under the - laws of which the corporation was chartered-and the names, titles, and busi- Hess addresses of the president, secretary and treasurer. {c) BIDDER'S GUARANTEE. All bids shall be presented under sealed .cover-and shall be acctxnpaned by a certified check or bid bond made payable to the City of Bakersfield,.for an amount equal to at least ten percent..{10 .t of the amount of said bid, and no bid shall be considered unless such certi- tied check or bid bond is enclosed therewith. { d) RETCJRN OF BIDDER' S GUARANTIES. within ten { ~0) days of ter the award of the contract, the City of Bakersfield will return the proposal guaranties acct~mpanyng such of the proposals as arenot to be considered in making the .award. All other proposal guaranties will be held until the con- tract has been finally executed,, after which. they will be returned to the - respectve bidders whose proposals.-they :accompany. Vie) CON'CRACT BONDS. The Contractor shall _ furniah two good and cuff- -dent bonds. One. of the said .bonds -shall guarantee the faithful. performance of the said contract by the Contractor and hal be in an amount equal to one hundred percent ~100~) of the contract price. The. other of the sa~.d bonds shall be in an amount of fifty percent {50~) of the contract price and shall be furnished as required-by the terms of an act entitled: "An act to secure the payment of the claims of persons-employed by contractors :upon.,publ-ic works,. and the. claims of person: who furnish materiels, supplies,. teams, implen~nts, or machinery::used or consumed by such contractors in the performance of sl~ch.works, - and prescribing the duties of certain public-officers with respect thereto," approved May 10, 1919, as amended. Forms of bonds required may be obtained at the office of the City .Attorney. D6:41015.3 -3- GG:wrn 41019 Whenever any surety or sureties on any such bonds, or on any bonds required by law for the protection of the claims of .laborers and material n~en, become insufficient, or the Mayor has cause to believe that suth surety or sure- ties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety,. not exceeding that origi- nally required, as is considered necessary, considering the extent of the. work remaining to be done. Thereafter no payment shall be made upon such contract to the Contractor or~any assignee of the Contractor until such. further bond or bonds or additional surety ,has been furnished. (f) R1~JECTION of PROPOS~~T~S C~~~TAIN?.NG ALTIERATION5, ERASURES oR IRREGU~GARITiES. 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 rtjetted. ~ . The right is reserved to reject .any and all proposals. (g } A~~RD of Ct~NTRACT. The award of the contract,. if it be awarded, will be to the lowest.. responsible. bidder. The language nresponsible" refers to not only the attribute of trustworthiness,- but also to the quality, fitness and capacity of the low bidder to satisfactorily perform the work. The award,- of the contract will be made within forty-five (45 } days offer the opening of the proposals unless extension is approved by the lowest responsible bidder. (h ~ EXE~TT't0~1 OF CON't~ACT. The contract shall be signed by the successful bidder and returned, together with the contract bonds within ten (lU} days, not including Sundays, offer the bidder has received notice that the: :contract has been awarded. No proposal shall be considered binding: upon the City until the execution of the:: contract. All tontratts shall be considered as being made: and entered into in the City of Bakersfield, ..Cal-iforna. Failure to exet~ate a contract ar~d file acceptable bonds ~ as provided herein within ten (l0} days, not nt uding Sundays, after the bidder has received notice that the contract has been awarded, shall be just cause..far the cancellation of the-award and the forfeiture. of the proposal guaranty. - - E~!~AMINATI4NS of PLANS, SPECIFICATIOI~'s, ~PECLAL PI~oVISTONS, AND SITE OF WORK. The bidder is required to examine .carefully the site of, the . _ proposal, plans. and specifications, and contraca forms for the work: contemplated, and it will be assumed that the: bidder has: investigated and is satisfied as to the conditions: o be entounterod, as to the character, quality, and quantities of work to be performed:andmaterials to be furnished, and as to the requirements of the specifications, the spEtial provisions, and the ~tont~act. It is mutually agreed that the submission of~ a~proposal shall be considered prima~f~ate evidence that the bidder has made such: examination,. - D6; 41015.4 -4- GG;wrn 41019- s SECTION 2. SCOPE OE ARK (a} WORK TO BE DONE. The work to be done consists of furnishing. all Tabor,. materials, methods and processes, implements, tools .and machinery, .except as otherwise specified, which are necessary and required to construct the:pro- posed improvements, as designated in the contract. {b} ALTERATIONS. By mutual consent in writing of the parties signa- _ tort' to the, contract, alterations or deviation, increases or deereases,~addi- tions or omissions, in the plans and specifications, may be made and the same shall in no way. affect or make void the .contract. The City of Bakersfield reserves ,the.. right ~to increase or .:decrease the. quantity of any item or portion of the work, or to omit portions of the work as may be deemed necessary or expedient by the Engineer.. ~c} EXTRA.~RK. New and unforeseen work .will be classed as extra work when such work cannot be covered by any of the various items or combination of items .for which there is a bid price. The contractor shall do no extra work except upon written order frv~m the Engineer. For .such extra work the contractorshall receive payment as pre- viously-agreed upon in writing, or he shall be paid. on force account. (d} REMOVAL OE OBSTRUCTIONS. The .contractor shall. remove and dispose of all structures, debris, orother obstructions or any character"of the. con- struction of the street or road, if and as required by the Engineer. The contractor shall remove and dispose of all trees designated by the Engineer as obstructions to the proper completion of the work, 'Themmoving and disposing of all obstructions to the prosecution of . .thee, .contract, unless otherwise specified, shall be considered-as included in the carious items of contract work and no additional: compensation will be a]aowed therefor. ~e } FINAL CL~~ANING -UP. Upon completion _and before ..making application for acceptance of the .work,.. the contractor shall clean the street or road:bor- xaw pits, ..and all .ground occupied_by him in connection with the work, of all. rubbish, excess .materials, temporary structures, and equipment; and all parts of . the work shall, be left in a neat and presentable_eondtior~ D6: 41015.5 -5- GGswrn 41019 SECTION 3. COAL OF THE WORK Via} P~UTHORITY OF THE ENGINEER. The engineer shall decide any and all questions which may arise as to the quality or acceptability of materials fur- Wished and wark performed., and as to the m~~nner of performance and rate of pro- gress of the work; all questions which ariee as to the interpretation of the :.plans and specifications; all questions as to the acceptable fulf il]:m~ent of the contract on the part of the contractor; and all questions as to claims and .compensation. The Engineer's decision shall be final and he shall have executive authority to enforce and make effective such decisions and orders as the con-~ tractor fails to carry out promptly. fib} PLANS. All-authorized alterations offecting~the requirements and information given-on the approved plans shall be in writing.. N6 changes shall be made of-:any plan~or drawing after the .same has been approved by the Engineer, except by direction ~of the Engineer... ~ . Working drawings orplans for any structure not included in the plans furnished by the Engineer. shall be approved by the Engineer before any work ihvo-lvng these plans shall be performed, unless approval is waived-in writing by ,the. Engineer. It is mutually. agreed, however, that the approval by the Engineer of the contractor's working ,plan. does nat relieve .the contractor of any responsibility for accuracy of d~n~;nsions and details., and that the contractor shall be respon-- sable for .agreement. and conformity~of his working plays with the approvedplans• and specifications. ~c} CONFORMITY WITH PLANS AND ALL(~ABLE DE~JIATION Finished surfaces ~.n all :cases shall conform. with the lines, grades,; cross-sections, and .dimen- - sions sho~nm on the approved plans. Deviations from the approved plans, as mad be required by the exigencies of construction will be determined in all cases by the Engineer and authorized in writing. td} COORDINATION OF FLANS, SPECIFICATIONS, AND SPECIAL PROVISIONS. These specifications, the plans, special provisions, and all supplementary dace- ments are essential parts of .the contract, and a requirement occurring in`one is _ a binding as though~occurrng in all. -They are intended. to be cooperative, to _ describe, and to provide for a complete..work. Plans shall govern over specifi- cations; special provisions shall govern over both specifications ar~d plans. City-specifications shall govern over State Standard Specifications. Vie} INTERPRETATION OF PLANS ANI~ SPECIFICATIONS. Should_it appear that the work to be done.; or any matter relative thereto, i not; sufficiently detailed or explained in these specifications, plans, and the special provision, the contractor shall apply to the Engineer for such further explanations as m~~~y he necessary, and shall conform to .such explanation or interpretation as part of the contract, so far as may be consistent with the .intent of the origi- ~zal specifications. In the event of :doubt or question relative to the true ~neaningof the specifications, reference shall be made to the City Council, whose decision thereon shall be final. D6s 41015.6 -6- GG:wrn - 41019 In the event of any ,discrepancy betweenany drawings and the figures written thereon, the figures shall be taken as correct. ~ f } SUPERI~~TENDENCE. ~'henever the .contractor is not present on any part of the .work where it may be desired to .give direction,. orders will be given by the Engineer in writing, and shall be received and obeyed by the superinten- dent or foreman in charge of the particular work. in reference to which orders are given. (g} LINES AND GPADES. All distances and measurements are given and will be made in a horizontal plane. Grades are given from the. top of staies or .nails, unless otherwise noted on the ,plans. . Three consecutive points shown on the. same rate of slope moult be used in con~~on, ins order to detect any variation from a -straight grade, and in case any such discrepancy exists, it moult be reported to the Engineer. If .such a discrepancy is not reported to the .Engineer, the contractor shall. be .responsible for any error in the. finished work. . The contractor .shall give at least 24 hours notice in writing when he wild require the services of the Engineer for laying:.out.any portion of ~e work, The contractor steall furnish the Engineer such fac%litie~ and Tabor, nec- essary for making and maintaining points and lines, as he may. require. Payment for labor furnished by the Contractor for. such purposes is considered as included in various items of work and no additional compensation will be allowed therefor. _ The contractor shall. preserve all stakes and ports set: .for lines, grades, or n~asurements of the work in their. proper places until authorized to remove them by the Engineer. All expenses incurred in replacing stekes that have:. been removed without proper. authority. shall be paid by the-contractor. ~h) INSPECTION. The.. Engineer shall-at all times have access to.the work during construction, and shall be furnished-with every reasonable facility for discertaning full knowledge' respecting the progress, worl~~anshp, and .char- aster of materials used -and employed in the work. Whenever the contractor. varies the period during which work is carried on each day, he shall give due-notice. to the, Engineer, sothat proper inspection day be provided. Any work :done i~ the :absence- of the Engineer will be- subject to rejection. _ . ,The inspection of the work shall not.xelieve the contractor of and of his obligations to fulfill the contract as pre crbed.~ Defective work shall be made good, and unsuitable materials ri~ay be rejected, notwithstanding the fact that such defective work~and unsuitable .materials .have been previously over- looked by the Engineer and accepted-or estimated for payn~nt:. _ . Projects financed in whole or in part wth.State..funds shall be sub- . .jest to inspection at all times by the Director of Public works, or his agents.. (i} REMOVAL of DEFECTIVE AND UNAUTHORIZED ARK, A11 work which is defective in its construction or deficient in any of the requirements of these specifications shall be remedied, or .removed and replaced by the contractor in an acceptable manner,, and no compensation; will be allowed for such correction. D6: 41015.7 -7- GG:wrn .41019 Any work. done beyond.. the Lines and. grades shaven on the plans or estab- lished by the Engineer, or any extra worl~ done without written authority, will be considered as unauthorized and will not be paid. for.. - Upon failure on .the part of the contractor to comply forthwith with -any order of the Engineer made under the provisions of this article, the Engineer shall-have authority to cause defective-.work to be remedied, or removed and replaced, and unauthorized work to be removed, and to deduct the costs thereof.fro~n any monies due or to become. due the. contractor. ~j) FINAL 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 MATERI~~S (a~..:.SAMPLES AND TESTS.. At the option of the :Engineer, thesource.of supply of each. of the materials shall be approved by the- Engineer before deliv- ery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescr-ibed-shall be submitted by -the contractor or producer- of all materials ~to be used ~ in the work, f or ~ test-~ ing or exaYnination as desired by the Engineer. All tests of materials furnished by the contractor shall be made in accordance with commonly recognized standards of natTOnal.organi~atons, and such special. methods and tests as are prescribed in the specifications. _ '~`hecontractor shall furnish 5uoh samples of materials as are ,requested. by the Engineer, without charge. No material shall be used until it has been approved by the Engineer. Samples will be secured and: tested ..whenever necessary to determine the goal ~.ty of material. Qb~ DEFECTIVE MATERIALS, X11 materials not conforming to he requirements of these ; spec-f ications sha13. be considered as defective, and all such. materials, whether in place or .not, shall be rejected and shall be removed immediately from the site of the work unless otherwise permitted by the _ Engineer. -No rejected material, he ..defects of which have been subsequently . corrected,;-sha].1 be used until approved in writing by the Engineer., Upon failure on the part of :the bontractor to comply with-any. order of the Engineer made: under the provisions of this article, the Engineer shall have authority to remove and replace defective material and to deduct the: cast cif removal and ~ replacement from any monies due or to becc due the contractor. D6: 41015.8 -8- GG:wrn 41019 ,SECTION 5. LEGAL RELATIONS AND RESPONSIBILITIES . TO THE PUBLIC Via} LAWS TO BE OBSERVED. The.-contractor shall kee himself full • p . Y .informed of all existing and future State and National laws and all munici 1 ordinances and regulations of the Cit of Bakersfield which in an m~nn Y y er affect those engaged or employed in the work, or the-materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authorit over the Y same. b } HO(1RS OF LABOR. The .contractor shall forfeit, as nalt to the ~ Y City of Bakersfield, Ten Dollars x$10.00} fore each laborer, workman, or mechanic employed in the execution of the contract by him, or by any subcontractor under hun, upon any. of the work herenbefore mentioned, for each calendar day Burin which said laborer- workman ~ g or mechanic is required or permitted to labor In violation of the provisions of Section 1810 to Section 1815 inclusive of th r ~ e Labor Code. r ~~c} The contractor shall compl with Section 6?05 of the Labor Cod Y e which provides that the contractor's responsbility.shall be as follows: - If the contract price fer the projectincludes an e nditure in excess of.twenty-five thousand dollars x$25,000} for :excavation of an trench or Y trenches five feet or more in depth, the contractor or his subcontractor shall -not begin any trench excavation unless a detailed plan,. shown the deli of- . shorn 9 gn g, bracing, sloping. or other provisions to be made for worker protection during the excavation of the trench, has been submitted by the contractor to the City.: Engineer and the. detailed plans has been a rovedb the Cit En inset. pP Y Y g If such lan varies from the horn P _ g system tandards established by the Construction :Safety. Orders of the Division of Industrial Safet the lan Y~ p shall be prepared by a registered civil or structural en inset. g ` Nothing in this section: shall be deemsd to allow the-usE of a shorin g► sloping, or protective system less offectve than that required by the.. Construction :Safety girders of the Division of Indus~ral~ Safety: - ;Nothing in-ths section-shall,be~construed to se tort lablt ~or~ y the awarding-body or anypf its employees. -The terms "public works" and "awarding bodyn, as used in this section shall have the same meaning as in Labor Code Sections x.720 and 1722 res ctivel . ~ Y D6 ; 41015.9 -g_ GG.wrn 43019 ~ d } EQUAL EMPLO~!~ENT OPPORTUNITY, During, the perf onnance of this contract the Contractor agrees as f of 1~►rs : {1} The contractor will not discriminate against any employee or applicant far e~loyment because of race, creed, color, sex, or .national ..origin, The: Contractor will take affrma- tive.action to ensure .that applicants. are employed, and that employees are treated. during emplo~~ent, without regard to their race, creed, colon, -sex, or national on-. - gin. Such .action shall include, but not be limited to, the following:. Em~aloyment, upgrading, demotion, or transfer,. - recruitment or recruitment advertising, layoff or ter- minatio~; rates of ..pay. or other forms of compensation; and. .selection for training, including apprenticeship. 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) ~T~e Contractor. will, in all solicitations or~advertisen~ents for employees .placed by or on behalf. of the Contractor, .state that all qualified applicants will receive considers-~ . t-ion for employment without regard to race, creed, color, sex, or national origin. ~3) The Contractor will send to each labor union or represe~ta- tive of workers with which he has a collective bargaining agreement or other"contract or understanding, a notice to - be provided advising the labor union or workers' represen- tat~ve of the Contractor's commitments ua~der Section 202 of Executive order No, 11246 of September 24, 1965 and shall post copies of the notice in conspicuous places available to .employees and applicants for empl~nt. .t4) The Contractor will comply with all provisions of Executive order No,.11246 as amended: by Executive .Order 11375, and of the rules, `regulations, and relevant orders. of the :Secretary of ,Labor. ~e } PRIE~TAILING ~GE~. The Contractor shall, ~ as a penalty to the. City of Bakersfield, forfeit $25.00 for each calehdar day or potion thereof, for each workman paid ,:less thane .the stipulated prevailing rates for such work or craft in which such workman[is employed udder tha.s contract or by ariy subeon- tractor under him, in violation `of the provisions of Section 1770 to Section 1780, inclusive, of the Labor .Code. The Contractor shall be responsible for its - own and subco~tra~tors' compliance with the requirement of Section 177E of that . Code. Copies of the prevai:~ing rate. of per diem- wages, for each .craft,- clan- sf ication or type of workman needed, to execute the contract, are on f i1e in the off ice of thee. Director of Public Works and shall be made. available to an rater- Y ested party on: request.. ~f} APPRENTICES. All. Contractors and Subcontractors ..shall comply with the provisions of Labor Code Section 1777.5 relating to the employment of apprentices. D6: 41015,10 -10- GG;wrn 41019 ~g~ REGISTRATION OF CONTRACTORS, Prior to award, Contractors shall be licensed in accordance with the provisions of Section 7055 of Business and Professions Code, fhb PERMITS AND LICENSES. The Contractor shall procure allpermts and licenses, pay :all charges and fees, ,and give all novices necessary and inci-~ dental to the due and lawful prosecution of the. work. ~i) PA`~ENTS. The Contractor shall assume all responsibilities aris- ing from the use of patented materials, equipment, devices, or processes used on orincorporated in the work, ~j) PUBLIC C~IENC~~AND SAFETY.. The Contractor shall so conduct his operations as to cause the least possible obstruction and inconvenience to public traffic. .Unless .other. existing streets are stipulated in the special provisions to be used as detours, ,all traffic shall be permitted to ..pass through ..thee work. Residents along the road or street shall be provided passage as far as ;practicable. Convenient access to driveways, hoses and. buildings along the. road or street shall be maintained and te~orary crossings shall be provided ano maintained in good-condition. Not more than .one cross or intersecting street or road shall be closed at any. time without. the approval of the Engineerl The Contractor shall furnish, erect, and n~intain such fences,- barsers, lights,~and signs as are necessary go give adequate warning to the public at all times that the improvement is under the construction and of any - dangerous conditions o be encountered as a result thereof, and he shall also erect and maintain such,.warnngs and directional signe as may. be furnished by . . the City, dull compensation for conforming to the provisions of this Section 5 ~j) shah be considered as included in the prices paid for the various contract items of work and no additional compensation. will be allowed therefor. t k) RESPONSIBILITY FOR , T~AMAGE, The City of Bakersfield., the City. Council, or .the Engineer:. shall not be; answerable or .accountable in any man~~er for any loss or damage that may happen to the work or any part thereof or for .any material or equpmentlusedin performing the works. or for injury or damage to any person or persons, either workmen or the public; or for damage to ;adjoining property caused by the negligence of Contractor ~ or-one of his subcon- f - tractors during the :progress of the work at any tines before :final acceptance. Thee Contractor shall" indemnify. and save harmless the City of Bakersfield, the City Council, and the Engineer from any suits, claims, or actions brought by any person or persons for or on~account of any. injuries or damages sustafined or arising in the construction of the work or in consequence .thereof., D6: 41415.11 -11- ~ GG:wrn 41019 ~1} CONTRACTOR'S RESPONSIBILITY FOR ARK. Excegt as provided above, until the formal acceptance of the work by the City Engineer, the Contractor shall. have the charge and care thereof and shall bear the risk of injury ~r damage to any part thereof by the action of .the .elements or from any other cause, whether arising from the: execution or from the non-execution vt the work. Thee Contractor shall rebuild; repair, restore, and imake...good all injuries or damages to any portion of the ~aork occasioned by and of the above causes before final accep- Lance and shall bear the expense thereof , except .such injuries or d~~mages occa- sioned by acts of the Federal Gove~nt or the public enemy. Vim} NO PERSO~JAL LIABILITY. Neither the City Council, the Engineer., nor any other. officer or authorised assistance or agent shall be personally responsible for any liability ar~aiCng under the contract. ~ n } RESPONSIBILITY 4F CITY. The :City of Bakersfield shall not be held .,responsible for the care or protection ~f any. material or .parts. of the work_ prior to final acceptance.., except as expresslyprovided in these. specifications. D6: ~lOl5.l2 -12- GG:wrn 41019 .SECTION 6.0 PROSECUTION AND P~GRESS (a) SUBLETTING AND ASSIC~INIENT. The Contractor shall give his per- sonal attention to the fulfillment of the contract and shall keep the work under his control. Subcontractors will not be recognized as suoh, and all persons engaged in the work of construction will be considered as employees of the Contractor, .and their work shall be subject to the provisions of the contract and specifications, - Where a portion of the work sublet by the Contractor is not being pro- secuted in a manner satisfactory to the City Engineer, the subcontractor shall be removed iri~medately on the requisition of the City Engineer and shall not again be employed on the work. fib) The Contractor shall diligently prosecute the work to c~npletion before the expiration of the permitted number of working days or calendar days as specified on Page 1 of this specification. - ~c) g3ARACTER OF WORN. If any subcontractor or person employed by the Cohtractor shall fail or refuse to carry out the directions of the Engineer or shall appear to the Ehgiheer to be incompetent or to"act in adisorderly or improper manner, he shall be discharged immediately on the requisition of the Engineer, and such person shall hot again be employed on the work. ~d) TEMPQRARY SUSPENSION OF WORK. The Engineer shall have the authority to suspend the work.. wholly or in part, for such period as he may deem necessary,.. due to unsuitable weather,. or to such. other conditions as are consid~- eyed uhfavorable for the suitable prosecution of the work, or for such time as he may.,:deem necessary, due to the failure on the part of the Contractor to ..carry out orders given, or to perform any provisions of the work. The Contractor P shall immediately obey such order of the Engineer ar~d shall not. resume the work until ordered in ~vrting by the Ehgneer. m (e7 TIME OF COMPLETION AND LIQUIDATED D~~MAGES. It is agreed by the parties to the contract .that in case all thework called-for under..the contract is riot completed before or upon the expiration of the time limit as set forth ih these specifications,-damage wily be sustained by the..City of Bakersfield, and than::t is and will be impracticable to determine the actual damage whoh the .City: will sustain in the event Qf and by reason of such delay, aid it is there- fore agreed that the Contractor will pay to the City of Bakersfield the sum of Two Hundred Dollars x$200.00} per day for eachahd every calendar day'sdelay beyond the time prescribed to complete-,the work; and the Contractor .agrees to pay such liquidated damages as..herein provided, andin case. the same are riot ...paid., agrees that the City of Bakersfield may deduct the amount thereof from ar~y mohey due or that. maybecorne due the Contractor under the contract. D6: 41015.13 -13- GG:wrn 41019 It is further agreed that in case the work called for under the con- tract is not finished and completed in all parts and requirements within the time specif-ied the City Council shall. have the right to extend the time for cc~n- pletion or not, as may seem best to serve the interest of the City; and if it decides to extend the time limit for the completion of the contract, it shall further have the right to charge to the Contractor, his heirs, assigns or sure-~ ties.,.-and to deduct fr~n the final payment for the work., all or any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the ,contract, and which accrue during the period of such extension, except that the cost of final .surveys and preparation of final estimate shall not be included in such charges. The Contractor ,shall. not be assessed with liquidated d~~mages nor the cost of engineering and inspection during any delay in the completion of the work caused by acts of God or of the public enemy, acts of the City, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unu- sually severe weather or delays of subcontractors due to such causes; provided that the Contractorshall within ten t10) days fr~n the beginna.ng of any such delay, notify the engineer in writing of the causes of delay, who shall ascer-~ fain the facts and the extent of the.delay,.and his findings of the facts thereon shall be final and conclusive. ~f) SUSPENSION OF CONTRACT. If at any time in the opinion of the City Council, the Contractor has failed to supply an adequate working force, or material of proper quality, or has failed in-any other respect to :prosecute the work with the diligence and. force specified and. intended in and by the. terms of the contract, notice thereof in writing will be served upon him, and should he neglect or refuse to provide means f or ~ satisf actory compliance with. the .contract.,. as directed by the Engineer, within the time specified inauch novice,. the City Council in ,.any such-case shall have the power to suspend the operation of the contract. Upon receiving notice of such - suspension, the Contractor shall discontinue said work, or such parts of it as the City Council may designate. Upon such suspension, the Contractor's control shall terminate, and thereupon the City Council, or its duly authorized representative, may take possession of all or any part of the Contractor's materials, tools, equipment, and appliances upon the premises, and use the same for the purpose of completing: said contract, and hire such force and buy or rent such additional machinery, tools, appliances and equipment, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper..conduct of the work_and for the completion thereof; or may employ other parties to carry-the contract to completion, employ the neces- sary woxkmen, substitute~other,:machnery or materials, and purchase the matari- als contracted for, in such manner as the City Council may deem proper; or the r City Council may annul and cancel the contract and re-let the work or any part thereof. Any excess of cost arising therefrom over and .above the contract price will be charged against the Contractor and his sureties, who will be liable therefor. In the. event of such suspension, all money due the Contractor or retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the contractor or his sureties fr~n liability or failure to fulfill the contract.. The Contractor and his sureties will be credited with the amount of money so forfeited .toward any excess of cost over and above the contract price, arising from .the suspension of the operations of the contract and-the completion of the work by the City as above provided, and the Contractor will be so creditedwith any surplus remaining after all just claims for such completion have been paid. D6 41015.14 -14- GG:wrn 41019 In the determination of the question whether there has been any such non-con~liance with .the contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the contract. (g~ RSGHT OF WAY.. The right of-way for the work to be constructed will be provided by the City. The Contractor shall-make his cx~m arrangements, and-pay all expenses for additional area required by him outside of the limits of right of way unless otherwise provided in the Special Provisions. D6: 41015.15 -15- GG:wrn 41019 SECTION 7. MI~ASUREMENT AND PAYMENT (a) E~~TRA AND FORCE ACCOt1NT WORK. Extra work as hereinbef ore defined, when. ordered and accepted, shall be paid for under a written work order in accordance with the terms therein provided. Payment for extra work will be made at the unit price or lump sum previously agreed upon by the Contractor and the Engineer, or by force account.. If the. work is done on force account. the Contractor shall .receive the actual cost ~of all material furnished by him asshown by his paid vouchers, plus fifteen percent (15~), and for all equipment and teams that are necess<~ry he shall receive the current prices in the locality, which shall have been previ- ously determined and. agreed to in writing by the Engineer and by the Contractor, ~ , plus fifteen percent (15~) and for all labor that is necessary he shall receive the current prices in the locality, plus twenty percent (20~) provided, however, that the City reserves .the right to furnish such materials required as it deems expedient, and the Contractor shall have no claim for profit on the cost of such materials, .The price paid for labor shall include all payments imposed by State and Federal laws for all payments made to, or on behalf of, the workmen, other than actual wages. All extra work and force account shall be adjusted daily upon report sheets, prepared by the Engineer, furnished to the Contractor and signed by both parties, which daily reports. shall thereafter be considered the true record of extra-work or force account work done: (b) P]~OGRESS PAYMENTS. The. Contractor shall, once in each month, submit for approval, an estimate in writing to the City Engineer of the total amount of work done by .the Contractor, to the time of such estimate, and the value thereof : The City of Bakersfield shall retain. -ten percent (10~) 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 Contractor, while carrying on the work, the balance not retained, as aforesaid, after deducting therefrom all previous payments and all sums to be kept or retained under the provisions of the contract. No such estimate or payment shall be required to be made, when in the judgment of the City Engineer the. work. is not proceeding in accordance with-the provisions of the contract, or when in his judgment the total value of the work done since the last estimate amounts to less than.Three Hundred Dollars ($300U0). (c) FINAL -PAYMENT.. The City Engineer shall, after the co~pletion of he contract, make a final estimate of the amount-of work done thereunder, and ,the value of such. work, and the. City of E~akersfield shall paythe entire sum. so found to be due after deducting therefrom all previous paym+ehts and all amounts to be kept and all amounts to be retained under~the~provisions of the contract. A~11 prior partial estimates and payments. shall be subject~to correction in the final. estimate and payment. The final payment-shall not be due and .payable unt-il the expiration of thirty (3Q) days from the date the - "NOTICE of . COMPLETION" is recorded at the County recorder's. off-ice. It is mutually agreed between the parties to the contract. that no cer- tificategiven or payments made under the contract, except the final certificate or final payment, shall be conclusive evidence of the performance of the contract, either wholly or in part, against any claim of the party of the first. part, and ~o payment shall be construed to be an acceptance of any defective work or improper materials. D6: 41015.16 -16- GG:wrn 41019 And the Contractor further agrees that the payment of the final amount due under. the contract, and the adjustment and payment for any work done in accordance with any. alterations of the same, shall release the City of Bakersfield, the City Ccx~ncil, -and the Engineer from any and all claims or lia- blty on account of work performed under the contract or any alteration thereof . ~d~ SUBSTITUTION OF SECURITIES. Whenever herein provision is made for withholding or retention of moneys to ensure performance, substitution of an equivalent am~nt ~value~ of securities shall be permitted in accordance with the provisions and requirements of Gover~~nent Code Section 4590.. SECTION 8. PR(JVISIONS OF STANDARD SPECIFICATIONS . This work embraced. herein shall be done in accordance with the appropriate provisions of Specifications entitled "State of California, Department of Transportation, Standard Specifications, Duly, 1984,." insofar as the same may apply, which specifications are hereinafter referred to as the Standard Specifications, and .in accordance with the following special provisions. whenever ~in the Standard Specifications. the follow~.nq terms are used,. they. shall. be understood to mean and refer to the following: Department of Transportation, CALTI~ANS ~ -The Engineering Department of the City of Bakersfield. Director ot.Public.works -City Engineer, City of Bakersfield. _ Engineer -The City.: Engineer, acting either directly. or through properly authorized agents, such agents actng..within the scope of the particular duties entrusted to them. Laboratory -The designated laboratory authoriZed.bythe City of Bakersffield to test materials and work involved in the contract. State -The City of Bakersfield. - _ . Uther~terms appearing in .the Standard Specifications, the general provi- lions, and the special provisions,-shall have the intent and meaning specified in Section 1, Daf in~aon -of Terms of the Standard Specifications. In ..the e~enj-that any portion of the Standard Specifications incorporated herein shall conflict with .any of the provisions. delineated in the special provisions section herein set forth, the provisions so delineated shall . tike precedence ove~.~ and shall be used in lieu of such. conflicting portions of the_Standard Specifications. D6: 41015.17 -17- GG:wrn 41019 SECTION 9. INSURANCE The Contractor shall save, hold harmless and indemnify the City, its officers, agents., employees and v©lunteers from all claims, demands, damages, judgments, costs or expenses in law or equity that may at any time arise from or related to any work performed by the Contractor, his agents, employees or subcontractors under the terms of this. agreement, . In addition to any. other form.of insura~ce~or bond required under the terms of this agreemeer~t ar~d specifications, the Contractor .shall procure and maintain for the duration of this agreement the foflowing types and limits of insurance: Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury,' with lunits of not less than one million ' ($1,000,000) per occurrence; and General liability insurance, providing, coverage on an occurrence, basis . for bodily injury, including death, of one. or more persons, property damage and personal injury, with limits of not less than one million ($1,.000,000) per occurrence. Workers.' compensation with statutory.limiis and employer's liability insurance with limits of not less than one.mi~.lion ($1,000,000) per accident. All policies required of the .Contractor hereunder shall be~primary insurance as respects .the City, its mayor, council, officers, .agents, employees and volunteers and any insurance or self-insurance maintained by the City, its mayor, council, officers, agents, employees and volunteers .shall be excess of the~Contractor's insurance and shall not contribute with it. The ..automobile liability policies shall provide coverage for awned, r~on-awned aid hired autos.: _ The liability policies. shall provide contractual liability .coverage for the terms of -this agreement. . The liability polder.. shall cor~ta~ an additional insured endorsement in favor of the City, its mayor, council, officers, agents, .employees and volunteers; The workers' c~npensatior~ policy shall contain a waiver of subrogation . endorsement. in favor of the. City, its mayor, council, officers, agents, employees and volunteers. D6: 41015.18 -18- GG:wrn 41019 All policies shall contain the following endorsements: An endorsement providing the City with ten ~10~ days written notice of cancellation or material change in policy language or terms. If any part of the work under this agreement is sublet similar insurance shall be provided by or on behalf of the subcontractors to cover their ,operations. - Tho insurance required under this agreement shall be maintained until all work required to be performed under the terms of this agreement is - satisfactorily c~npleted as evidenced by formal acceptance by the City. The Contractor shall furnish the City. Risk Manager and the Public Works Department. with a certificate of insurance signed by an~agent of the insurer evidencing the insurance required under this agreement. All costs of insurance required under this agreement shall be included i the Contractor's bid, and.no additional allowance will be made for additional costa which may be required by extension of the insurance policies. a D6: 41015,19 -19- GG:wrn -41019 SECTION 10. QUANTITIES Thee following preliminary estimate of the quantities. of work to be done and materials to be finished are approximate only, being given as a basis . for the comparison of bids, and the City of Bakersfield does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class ar portion of the.work or to omit portions of the work that may be deemed necessary or expedi-~ eft by the Engineer. ENG~ER'S ESTIMATE ITEM QUANTITY UNIT DESCRIPTION 1, L~u~p Sum Traff is signal system on Manning Street at Ming Avenue 2 . Lump Sum Traf f i_c signal system on Ashe Road at.Clubview Driven . 3. 263 S.F. remove traffic stripes and pavement markings Manning Street at Ming Avenue 4. 240 S.F, Remove traffic strpes..and pavement markings - Ashe Road at Clubview Drive.. - Db: 41015.20 -20- GG:wrn 41019 SECTION 11. MATERIALS The Contractor shall furnish, for use under these .special provisions, all materials required to complete the attached contract, except those materials provided by the City where specified in these special provisions. SECTION 12.DESCRIPTION OF WORK The general description of work is as follows: Installation of traffic signal systems. Saidwork is showwn and detailed ors a plan entitled: Traffic signal systems. on Manning Street at Ming Avenue, Ashe Road at Clubview Drive. D6: 4101521 -21- GG:wrn 41019 SECTION 13. GENERAL PREVISIONS. (a) PUBLIC SAFETY AND PRESERVATION OF PROPERTY. Attention is directed to Section 7 of the Standard Specifications. The Contractor shall comply with the provisions of this section, except as otherwise directed by the Engineer. Such provisions for public safety shall .meet the mini~aum requirements and. shall be subject to the approval of .the City Engineer.. Full compensation for complying with the requirements of this section shall be considered as included in the contract prices paid for the various items of work and no additional compensation will be allowed therefor. (b) OBSTRUCTIONS. Attention is directed to Section 8-1.10, "Utility .and Non-Highway Facilities," of the Standard Specifications, the plans, and the special provisions. Where extra work is required by .said section it shall be paid for as provided in Section (a) of these specifications. - - Thie Contractor will be required to work around public utility facilities and other improvements that are to remain in place within the construction area or that are to be relocated and relocation operations have not been completed. - In accordance with the provisions of Section ?-l.ll, "Preservation of~Property," and 7-1.12, "Responsibility for D~~mage," of the Standard Specifications, the Contractor will be liable to owners of.such facilities and improvements for any damage or interference with service resulting from oonducting his operations. The exact location of underground facilities and improvements within the con-- struction area shall be ascertained by the Contractor before using equi~t Ghat may damage such facilities or interfere with the services. Other forces a may be engaged in moving or removing utility facilities or other improvements or maintaining services or utilities. The Contractor shall cooperate with such forges and conduct his operations in such a manner as to avoid any unnecessary delay or .hindrance to the work being performed by other such forces.. Any delay to the Contractor due to utility relocation whether or not the utility is shown orcorrectly ,located on the plans .will dot be compensated for as idle-.time. However, additional contract time commensurate with such delays may. be allowed. - - At locations where irrigation systems exist, the Engineer wi~a direct the. Contractor, as to what: steps will be required to protect the irrigation sys- tem and the area it serves. The Contractor .shall replace the irrigation system. as directed by the Engineer. .:Existing land subdivision monuments and stakes shall be fully protected from damage or displacement and they shall not be disturbed.-unless directed by the Engineer. Attention is directed to the fact that nuisance water may. be present at all times along the proje%;t. It will be the responsibility of the Contractor to provide for handling of said water and any expense involved shall be considered as included in the prices paid for the various items of work and no additional allowanoe will be made therefor. Except in the case of extra work, full compensation for conforming to the requirements of this article shall be considered as included in the prices paid for the various items of work and no additional. compensation will be made therefor. . D6: 41015.22 -22- GG:wrn 41019 (c) OMISSIONS IN SPECIFICATIONS AND DRi~i~INGS. Any materials or work mentioned in the specifications and not shown on the drawings or shown on the drawings and not mentioned in the specifications shall be of the same effect. as ~if shown or mentioned in both.. Omissions from the drawings or the specifications of the .materials or details of work which are manifestly or obviously necessary to carry out the intent of the drawings and specifications or which are customarily furnished or performed, shall not relieve the Contractor of his responsibility for Turnfishing such omitted materials or performing such omitted work; but shall be furnished Or.performed as if fully shewn or described in the drawings or specifioations. (d) MATERT~~LS. Whenever any material is specified by .name and number thereof , such ~specif ications shall be deemed to be used for the purpose of faci- litating description of the materials and establishing quality, and shall be deemed and construed to be followed by the words "or approved equal". No sub-- - stitution will be permitted other than as described herein unless authorized by the Engineer before the bids are opened. All materials shall be new and the best of their class and kind. (e } AID~TUSTIIT OF O~RHF~AD COSTS. The provisions of Section 9-1.08 of the Standard Specifications shall not apply. to final cost of .this contract-and no final adjustment for overhead costs will be made. (f) Dt3ST CONTROL. It shall be the Contractor's responsibility to pre- -vent a dust nuisance from originating f rc~n the site of the .work. as a result of his operations during the effective period of this contract. Preventative .meal- _ . ores to be taken... by the Contractor-shall ..include but shall not be limited to the- ~ following; 1. Water shall. be applied to all unpaved areas as required . to prevent the surface from-becoming dry enough to - . permit dust formation. 2. Payed.surfaces over which vehicular traffic is permitted to travel shall be kept .free of dirt. ..Temporary suspension of the work, either as a result of order by the - Engineer, or as a result of conditions. beyond the controY of the Contractor - .shall not relieve the Contractor from his responsibility for dust control as set forth herein. Full. compensation for oonforming to the-.requirements of this article _ . shall be considered as included in the prices paid for the various. contrace items of work and no additional compensation will be allowed therefor, (g) ~ATIERINO. Furnishing and applying•.water shall conform td the. pro-- visions of Section 17 of the Standard Specifications; except that full compen~sa- ion therefor :shall be considered as inoluded in the prices paid for the var~.ous contract items and no separate payment will be made therefor. (h) LABOR CILASSIFICATION. No contractor employee, shall be allowed to perform work outside his or her prevailing wage trade classification as deffined by the California Department of Industrial Relations.. D6: 41015.23 -23- GG:wrn ..41019 ALTERATIONS IN QUANTITY OF WORK. The provisions of Section 4-1.038, 4-1.038(1), and 4-1.038(2}; of the Standard Specifications relative to r~creases~or decreases in the quantity of contract item of work when no change in the character of the work is involved shall got apply to any contract item of work in this proposal and the City reserves the right to increase or decrease the quantity of any item or portion of work as may. be deemed necessary or in the best interest of the City. (j} WORK IN CITY STREETS. All of the work shown on the plans and included in these specifications that is located in the public streets in the. City of Bakersfield shall be done in accordance with City Ordinances regulating the use of public streets within the City, except as otherwise provided herein. - The Contractor shal], inform himself as to all regulations and require- meats of .the City Engineer and Superintendent of Streets., of the City of Bakersfield and shall conduct his operations in compliance therewith. (k) PERMITS AND .LICENSES. The ,.Contractor..shall procure all permits and licenses, pay all charges and fees and give all notices necessary and nci- dental to the due and lawful prosecution of the work. (1} MAIN'T'AINING ~FIC. Attention is directed to~Sections 7-1.08, "Public Cor~ve~ience," and 7-1.09 "Public Safety," of the Standard Specifications. The Contractor shall comply with the provisions of these sections and the a special provisions. _ - The Contractor shall furnish, install and maintain signs., lights; flags and other warning. and safety devices when performing work which interferes - LL with or endangers the safe mo~rement of traffis on any. street. or highway. Signs, lights, flags and other warning and safety devices and their - use shall ~onf corm to the requ iremsr~ts set forth i~ the current "Manual of 'Traffic Controls -Warning Signs, Lights, and Devices fore Use in Performance of Work Upon ,Highways;" published by the State of California.; Department of Transportation. Application and use of devices shall be as specified and as directed by the Engineer. - The.Contractor shall keep the Bakersffield Fire Department informed at aka times as to the exact location and progress of the ,work and shall notify them immediately `of any streets impassable for ;.fire f Bighting equipment: - Thee.full width of the traveled way shall be .open for use by public traffic ors Saturdays; Sundays and designated legal holidays; before 8;30 A.M. and after 4:00 PM on weekdays, and when construction operations are not acti- ve y in progress. Desmated legal holidays ,are: January 1st, ,the: third Monday.. in February, the last .Monday in May, .July. 4th, the first Monday in September, November 11th, Thanksgiving Day, ar~d December .25th. Then a designated legal holiday fails on a Sunday, the following Monday shall be a designated legal holiday, When November 11th falls on a Saturday, the preceding Friday shall be a designated legal holiday. D6: 41015.24 -24- GG;wrn 41019 { i) .ALTERATIONS: IN Qtr1ANTITY OF WCJRK. The .provisions of Section 4-1.03B, 4-1.03B{1), and 4-1.03B(2), of the Standard Specifications relative to increases or decreases in the quantity of contract item of work, when no change in the character of the work is involved. shall. not-apply to any contract item of work in this proposal and the City reserves the right to increase or decrease the quantity of any item or portion of work as may be deemed necessary or in the best interest of the- City. (j) WORK IN CITY ..STREETS. All of the work shown on the. plans and included in these specifications-that is located in the public streets in the pity of Bakersfield shall be done in accordance with City Ordinances ~egu3.ating the.use of public streets within the City, except as otherwise provided herein. The .Contractor shall inform haxnself as to-all regulations and requre- -menu of .the City Engineer and .Superintendent of Streets of .the City of ,Bakersfield and shall conduct his operations in compliance therewith. {k) PERMITS AND LICENSES. The. Contractorshall procure allperm,ts and licenses, pay. ail charges and fees ar~d give all notices necessary and inci-- dental to the due and lawful prosecution of the work. {1) MAIN'~AINING -T]~AFFTC. Attehtion is -directed. to Sections 7--1.08, nPublic Cohvenience," and 7--1.09 "Publio Safety," of the Standard Specifications. The Contractor shall comply with the provisions of these sections and these special provisions. ~ The Contractor shall furnish, install and maintain signs, lights, -Tags ahd other warning ar~d safety devices when performing work -which interferes wi h or endangers the safe movement. of traffic on ar~y street or highway...... . Signs, `lights, flags ar~d other warning and safety... device and their use hall cbntorm to the req~.~irements set forth in the current "Manual of: Traffic Controls - Warr~ir~g Signs, `Lights, and. Devices for Use in Perfor~n~lce of Work Upon Highways," published by the ~ State .of California, Department of Transportation. Application and use of devices shall be as specified ar~d as ~ _ directed by the. Engineer. The Contractor shall keep he Bakersfield Fire Department informed at . all times as to the exact location and progress. of the .work and shall ~oti~y them immediately of any streets impassable for fire f ightir~g equipment, The full width of the traveled way shall be open for use by public traffic on Saturdays, Sundays and designated legal holidays, before 8:30 A.M. aid after 4 : 00 M. ors weekdays, and when cor~structoh operations are -hot act°i-- vely in progress. Designated legal holidays- are: January 1st, the third-:Monday in February., the last Monday ire May, July 4th, the first Monday ire September, November,l th, Thanksgi~ring Day, ar~d Decetuber 25th. when a designated legal holiday falls on a Sunday,...the following Monday, shall be a designated legal . holiday. When November 11th fails on a Saturday, the preceding Friday hell be a...designated legal holiday. D6: 4.1015.25 -25- GG:wrn 41019 SECTION 14. SPECIAL PROVISIONS EXISTING HIC~~IAY FACILITIES. The work performed in connection with var-ions existing facilities shall conform to the provisions in Section 15, "Exist~.ng Highway Faciaities," of the Standard Specifications and these special provlslons. Existing highway signs and street markers shall remain the property of the City of Bakersf.field. Such igns and street markers shall be relocated ahd maintained during construction so as to convey the same intent that existed prior to construction. Existing City highway signs and street markers, shall be placed. in their permanent position by the Contractors forces prior to completion of construction..Signs removed.fr~n~the project area shall be delivered to the City Corporation Yard at 4101 Truxtun,Aver~ue. dull compensation foreconformnq to the requirements of the two preceeding , paragraphs shall be considered as included in the prices paid for the various items of work: and no additional allowance will be made therefor. D6: ` 41015.26 41019 -26- GGwrn { a) PARTICIPATION BY FOREIC~V CON'CRACTORS AND SCaB~ ON'T"RACIbRS . The Department will not consider for award any bid proposals su}~nitted by any . Contractor, and will not consent to subletting any portions of the contract to any Subcontractor of a f ore gn country during any period ~ in which such foreign .country is listed by the United States Trade. Representative as discriminating against U.S. firms in conducting procurement for public works projectso In addition, no product of any such. listed country shall be permanently- incorporated Into the project. This. special provision applies to .the participat-ion of Contractors,. Subcontractors and products of the following countries which have been listed by the United States Trade Representative: JAPAN For the purpose of this Special:. Provisions 1. Any Contractor or Subcontractor who is a citizen or national of a foreign country or is controlled. directly, or ,indirectly by citiZer~s or nationals of a foreign country, hall be considered to be a Contractor or Subcontractor of such f ore igr~ country. The terms "Contractor" and "Subcontractor" also include any .partner in a joint venture. 2. Any .product, of .which .fifty percent ~ 50~) or yore of its cost is attributable to production or m~anufactur~g in a foreign entry, shall be considered to be a product of such foreigncountry. D6: 41415.27 -27- GG:wrn -41019 SECTION 15. SPECIAL PROVISIONS - T~~AF'FIC SIGI~~LS AND STREET LIGHTING Qa) DESCRIPTION. Furnishing, installing and n~difying traffic sig- pals and highway lighting and payment therefor shall conform to the provisions in Section 86, "Signals and Lighting.", of the Standard Specifications and these special provisions. Traffic signal work is to be performed at the following locations: y Intersection of Manning Street and Ming Avenue ~ . Intersection of Ashe Road and Clubview Drive (b} REMOVING AND REPLACING IMPR®vEMENTS. Ren~ovin~g and replacing improvements shall conform to the provisi©ns in Section 86-2.02, "Removing and Replacing Improvements," of the Standard Specifications and these special provisions. ~c} FOUNDATIONS. Foundations shall conform to the provisions in Section 86-2:03, "Foundations," of the Standard Specifications and these special ~ ~ prove. ions. The Contractor shall furnish the anchor b®lts, nuts and washers to be used- for new .foundations and shall furnish the. appropriate nuts and washers for existing foundations to be :reused.- - Portlandcement concrete shall conform to Section. 90-~10, "Minor Concrete," of the Standard Specifications and shall contain not less t~lan 470 pounds of cement per cubic yard, except f or e pile f ~undatons shall contain .not less than 564 pounds of cement per cubic yard. . (d) CONDUIT: Conduit shall conform to the provisions in :Section 86-2.05, Conduit," Qf the Standard Specifications and these special provisions. Insulated bonding bushings wily be required on metal .conduit. Conduit shall: be bored at crossings under existing street pavement unless open trenching.. is allowed by the Engineer due to poor. soil conditions or other circ~~mstances. fie} :BULL BOXES. Pull boxes shall conform to the provisions in Section 86-2.06, "Pulp Boxes,," of the Standard Specifications and these special ..provisions.: Recesaes for susper~sio~ of ballasts will not be required. D~: 41015.28 -28- GG:wrn 41019 ~f} C:ONDUCTORS AND. WIRING, conductors and: wiring shall: conform to the provisions in Section 86-2.Q8, "Conductors," and Section 86-2.09, "Whin ,n of the . g Standard Specifications and these. special provisions. :CONDUCTORS -The Contractor shall use multiconductor electrical cables.~~ IMSA 19-1~ far all circuits except between the service switch and controller cabinet. Only multi-conductor cable conforming to the following shall be used:.. . 5 Conductor cable consisting of 5 No. 14 conductors colored 1 each - red, yellow, brown,. white and black. 9 Conductor cable consisting of 1 No, 12 conductor colored white and. 8 No, 14 conductors colored 1 each red, yellow, brawn, black, red,~black stripe yellow/black stripe, brown black stripe and white black stripe. . 28 Conductor. cable consisting of 1 No. 10 conductor colored white and . 27 No. l4 conductors colored as indicated in the following conductor .table for a single ring operation.. CONDUCTOR TABLE Insulation Colors. _ Sigryal Phase Circuit cr Function Base Str 2 & 6 fed, Yellow, Brawn Black v Vehicle - 4:& 8 ~ Red, Yehow,•.Brown Oran e 9 S gr~als 1- & 5 Red,. Yellaw, Brown Silver 3 & _ 7 Red, Yellow, Brc~vr~ Pu le 2p & 6p` ~d, Brown 2 Black Pedestrian 4p & 8p Red, Bravery ~ 2...Oran e g Slgr~als ~ lp & 5p Red, Brawny 2 Silver 3 & 7 Red, Brown 2 Pu le _ . 2p & 6p Blue ~ Black: :Pedestrian 4p & 8p Blue Oran e ` , 9 Push Buttons lp & 5p Blue. Silver . . 3 & 7 - Blue le Pedestrian Push Buttons White Black Ccnon Si al White ~ ~ None Railroad: Pie--e Lion Black Red S are Black None The cable sheath shall, be polyethylene aid the conductor insulation shall be ~ Tf3wN polyvinyl chloride. Subparagraphs 1, 2, 4 and 5 of the first paragraph of Section 86-2.09D,_ " Splicing," of the Standard Specifications .are deleted. D6: 41015.29 -29- GGswrn 41019 Conductors shall be~spliced by the use of "C" shaped compression connectors as shown on Standard Plan ES 13. Splices shall be insulated by "Method B." fig} BONDING AND GROUNDING. Bonding and grounding shall conform to the provisions in section 86-2.10 "Bonding and Grounding,'° of the Standard Specifications and these special provisions. ~h} SERVICE. Service shall conform to the provisions in Section 8d-2.11, "service," of the Standard-Specifications and these. special provisions. The Engineer will arrange with the serving utility to c lete service connections to_servi~e points shown on the plans and will pay all required costs and fees required by the utility. . (i) TESTING, Testing, shall conform to the provisions i~ Section . 86-2.14, "Testing," of .the Standard Specifications and these special provisions. The signal shall not be placed in flashing mode, with signal faces uncovered, prior to the Functional Test.. (j } SIC~~L FACES .AND SIGNAL HlEAD6. Signal faces, signal heads and auxiliary equipn~nt, as shawn.on.the plans, and the installation thereof,. shall conform to the provisions in Section 86-4.01, "Vehicle. 5igr~al Faces," 86-4.02, nDrectonal Louvers," 86-4.03, "Backplates".and 86-4.06, "Signal Mounting Assemblies," of the Standard Specifications and these special provisions: Housing, visors, directional louvers and Backplates shall not be structural plastic..: All lamps for traffic signal units .shall. be furnished by the Contractor. All signal facesshall Be provided with 12-inch- sect-ions. (k } PEDESTIRJCAN SIGd~~IS. Pedestrian signals shall conform to the provisions in Section 86-4.05, "Pedestrian Signal Faces," of the ::Standard Specficatio~s_and these special provisions. . Pedestrian signals shall be .Type C and ..shall have energy efficient heads equivalent .to Indicator Controls. Corporation Model 4094. (1) LUMINAIRES. Luminaires shall .conform to the rovisions in P Section 86--6.01, "High Intensity-Discharge Luminaires," of the Standard Specifications and these special provisions. Luminaires shall be furnished-with 200-watt high pressure sodium 1 s and integral ballasts.. (m} PHOTOELEC'.I'RIC CpNTRpLS. Photoelectric controls shall conform to the provisions in Section 86-6.07, "Photoelectric Controls", of the Standard Specifications and these special provisions., Each luminaire shall be provided with a T~~pe IV photoelectrical control. D6s 41015.30 -30- GG:wrn 41019 (n~ C01~1'1`ROLICrERS, CABINETS .ANp AUXILIARY EQUIPMENT. The City will furnish the .controller and. cabinet assembly for each location. (o) DETECTORS: Detectors shall conform to the provisions in Section. 86-5, "Detect©rs," of the Standard Specifications and these special. provisions. Location and layout of detector loops shall be as directed by the Engineer. INST~~LLATION~DETAILS I~stallat-ion and tests shall conform to the details and notes shaven on the plans. Slots cut in the pavement shall be blow out and dried before installing inductive loop detectors. After conductors are installed in slots cut in the pavement, the slots ....shall be filled. with epoxy sealant conforming to the requa.rements in Section 95-2.09, "Epoxy Sealant for Inductive Loops," to within 1/8 inch of the paven~r~t 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 surf aces without the use of solvents. In lieu of the epoxy sealant specified above, slots may be filled. with either of the follawir~g materials: . 1. An elastomeric sealant conforming to the following:. The sealant shall be a polyurethane material of a composition that .will, within its stated shelf life, cure only..ih the presence of moisture. Sealant shall be suitable for use ~n both asphalt concrete and Portland cement concrete. The cured sealant. shall have, the following performance characteristics: - Measuring .Standard o: Property and Results Arid Conditions Hardness (indentation? -X65-85 ASTM D 2240.Res.~~~~ A, Model .1:70.0 7?° F (25° C,~ 50~ relative humidity. Tensile strength.-- 500 psi, min. ASTM ~D 412- Die C, pulled~at 20 IPM. Elongation - 400$, minimum ASTM D 412 Die C, polled at 20 IPM. Flex at - 44° F. --no cracks 25 mil Free Flm.Bead (180°~~over 1/2" Mandrel. Weathering Resistance -Slight ASTM D 822 weatheran.~eter 350 Hrs. ~halkir~g ~ Cured 7 days at 7~° F. (25° C.) 50~ relative humidity. D6: 41015.31. -31- GG:wrn X1019 Salt Spray Resistance - 500 psi, AS'TM B 117 28 days at 10.0° F. X38° C.) minimum Tensile, 400, minimum 5$ NaCl, Die C, pulled at 20 IPM. elongat-ion Dielectric Constant -Less than ASTM D 150, 25~ change. over a temperature range of -30° C. to 50° C. 2. Asphaltic ~nulsion Inductive Loop Sealant shall conform to State of California Specification 8040-41A-15. Loop conductors shall be installed without splices and shall terminate in the nearest pull box. The loops shall. be joined in the pull box in combination of series and parallel so that optimum sensitivity is obtained at the sensor unit. Final splices between loops and lead-in cable shall not be made until the operation of the loops under actual,. traffic conditions is approved by the Engineer. All loop conductors for each direction of travel for the same phase of a . traffic signal system,. in the same pull box, shall be spliced to a oable which shall. be run from the pull box adjacent to the loop de ector to a sensor unit mounted in the controller cabinet. Splices to the cable shall be made in pull boxes only., All loop conductors for traffic counters shall terminate in. a pull box or terma.nal strip irk .the. traffic count station cabinet when such a cabinet is installed. Conductors for inductive loop traf f i~c signal ar~d traffic counting ir~stallatior~s -shall be identified and banded, i~ pairs, by .lane ~ in the pull .box adjacent to the loops and near the termination of the conductors in the. controller or traffic count station cabinet. Bands shall conform to the. provisions in Section 8G-2.09, "w~.ring." Identification of each conductor pair. shall consist of labeling the phase aid detector slot n~uiaber (e. g. - 6J2L, 8J8D, 3I5U, etc-.) iri: ~ permanent rYk on a tag suitable for: such. purposes (Stuart Electric Ty Rap, Catalog-~No, TY5532 or approved equal). ~ If asphalt. concrete surfacing is to be placed, tho loop deteotor conductors hall be installed .prior to placing the upp~rmostlayer of asphalt concrete. The conductors .shall be installed, as shown on the plans, in the compacted layer of asphalt concrete rr~nediately.. below .the, uppermost layer.. Instahaton details shall be as shown on the plans, except the epoxy sealant shall fill the blot flush to the surface. Detector loops %n co~zcrete pads shall be sealed with epoxy sealant. Loop, detector lead. ire .cables shall conform to the provis.-.ions in Section 86-5.O1A ~ 4)- "Construction Materials, " of the Standard Specifications and these _ special provision. _ Loop .detector lead-in cables .hall be T~~rpe A as follows: T~~pe A lead-incable shall consist of 2 No. 12 solid copper conductors with each conductor insulated with 30 mils minimum, at any point, high molecular. weight, heat-stabilized, colored polyethylene, conforming to the requirements of D6: 41015.32 -32- GG:wrn 41019. ASTM Designation: D 124'8, T!~pe I, Class B, Grade 4. The conductors shall be twisted together with at least 2 turns per foot. Nonhygroscopic fillers shall be used to form a firm compact cylindrical core. A nog-hygroscopic core tape shall be applied spirally over the core. The cable shall be provided with an outer jacket consisting of extruded, black, polyvinyl chloride conforming to ASTM designation: D 1047. The cable shall conform to the International Municipal Signal Association's Specification: 19-1. (p) PAY~~,NT. :Payment for signals and 1 fighting shall conform to the provisions in Section 86-8, "Payment", of the Standard Specifications and these special provisdohs. Full compensation for cast-in-drilled hole concrete pile foundations shall be considered as included in the contract lump-sum price paid. for the item requiring fourrdat~.ons and no separate pay~ent will be made therefor. ~q) FUNCTIC~T TESTING: All, function test shall be according to Section . 86-2.14 C of Standard Specification and following paragraph: "Functional test period is ineluded in the n~unber of workin da s to g Y complete ..the project" as described in PI~~GRESS OF `THE WORR AND TIME . FOR COMPLETION.. of this specification. .SECTION 16. SPECIAL.PI~OVISIONS -SIGNS - . a) STREET N~~ME SIGNS. Street name:: signs -sha~.1- conform to the provisions in Section 56-2, "Rooadside Signs," of :the Standard Specifications and these special provisions. m Sign p~~nels dill beyfurnished and installed by the City. Mast-arm hangers will be furnished and installed by the City. Street Na~rie Signs will be installed: by mast-arm hanger methods such as Hawkins M1QJ Series swinging sign bracket, with return spring removed,. or :.acceptable equal.: fib) Rc~D6IDE SIC~1S. Roadside signs shall conform tothe provisions in Section 56-2,~"Roadside Signs," of the Standard Specifications and these special provisions. Miscellaneous Roadside Signs shall conform to City Standard T5-4. SECTION l?. SPECIAL PROVISIONS -GUARANTEE FOR T]~A~'F:IC _ . SIG~~IAL AND STREET LIGHTING SYSTEMS. ~a~ GUAR~~tVTEE. The Contractor shall furnish a written arantee to ~ , the City on the form attached, guaranteeing all systems, except traffic signal .lamps, installed under this. contract for a period of one ~1) year from the date of acceptance of the work.. The guarantee, properly. executed, shall be filed D6: 41015.33 -33- GG:wrn 41019 SECTION 18. SPECIAL PROVISIONS -Remove Traffic Stripes and Pavement Markings a) REMOVE T]ZAF'FIC STRIPES AND PAVEMI~1'T N~~RKINGS. Traf f is stripes and .pavement markings to be removed will be as shorn on plans and as designated by the Engineer. . Traffic stripes and pavement markings shall be removed to the fullest extent possible frcxn the pavement by any method that does not materially. damage the surface o~ texturo of .the pavement or surfacing.. Where blast cleaning is used for the removal of painted traffic stripes and pavement markings, the area shall be shielded so that r~o material frc~n the blasting operation is allowed to enter the area that is open to public traffic... Sand or other material deposited - on the pavement as-a result of removing traffic stripes and markings shall be removed as the work progresses. Ae~~muiatior~s of sand or other material wh~.ch might interfere with drainage or might constitute a hazard to traffic will not be permitted. Traffic stripes shall be removed before any .change is made ire the traffic pattern. Blast cleaning for removal of traffic stripes shall be fea tiered out to irregular .and -varying widths. Pavement markings shall be removed ~ -blast cleaning a rectangular area, rather than just lettering or markings, so the old .message. cannot. be ider~tf ed. After removal of traffic stripes ar~d pavement markings, a f og seal coat shall be applied in conforn~ahce with the provisions ~ in Section 37, "Bituminous Seals, n of the Standard Specifications and the following: In traffic stripe removal areas, the fog seal ooat shall be applied over the traffic stripe removal area .and to irregular ahd varying widths with an average width of 2 feet on each side of the blast cleaned traffic tripe removal area. In pavement,mark.ing removal areas, the fog seal coat shall be applied to the blast gleaned rectangular area. - . Full com~ensator~ for furnishing and applying fog seal coat as sped- fed he~ei~ shall be considered as included in the contract price-paid per square :foot fob removal of traffic stripe and pavement ma~king ar~d no separate. payment will be made therefor, - Nothing in these special provisions.. shall relieve the Contractor from his responsibilities as provided in Section 7-1.a9, nPublic Safety," of the Standard Specifications. - b) QRDER OF WgRK order of work sha1~. conform to the provisions in Section 5-1..05,_ "Order of Work," of the Standard Specifications and these spe- cial' provisions,.. D6: 41015.34 -34- GG:wrn 41019 Pavement delineation shall be replaced by temporary. delineation before opening the traveled way to public traffic. Temporary delineation shall consist of reflective traffic line tape applied in pieces not less than 4 inches lon 9 nor less than 4 inches wide spaced~no more than 10 feet apart on c~~rve nor more than 2Q feet apart on tar~ger~ts. Reflective traf f is line tape.. shall be a lied i ,pp in accordance with the manufacturer s instructions. Temporary dela.neation shall be the same color as the perma~er~t delineation. Full compensation fir temporary delineation shall~be considered as included in the prices paid for the contract items of wo~kthat obliterated the existing delineation and. no se crate a nt p p Y~ will be made therefor. Pavement delineation removal shall be coordinated with temporary delis- eation so that lane lines are provided at all times on traveled ways open to public traffic. . c) MIEASU~R~ ~MENT AND PAYMENT.. Quantities of traffic stripe. ren~av~d will . be determined by the width of the stripe plus 0.67-foot multiplied by the length of the stripe. The space between double traffic stripes will be measured as painted traffic stripe. Quantities of pavement markings removed will be 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 persquare foot f o~ the actual area of authorized stripe removal. The contract unit. price per square foot shall include full compensation for furnishing all labor, materials, tools, equipmentsighsand for doing all -.work necessary for removing :existing striping as shown on-plan and as directed by the. Engineer. D~: 41015.35 -35- GG:wrn 41019 PROPOSAL FOR Tl~'FIC SIC~3AL SYSTI MS ON MANNING STREET AT MING AVENUE, ASHE ROAD AT CLUBVIEW DRIVE, To the City Clerk of thee. City of Bakersfield: Thee. undersigned, as bidder, declares that. the only persons or parties interested in this., proposal as principals are those n~~ned herein; that this pro- posal is made without collusion with~any other person, firm or corporation; that he has carefully.exami~ed the location. of the proposed work, thee.. annexed pro- posed form of contract. and. the plans therein referred to; ar~d he proposes and agrees if this proposal is accepted, that he will.. contract:: with the City of Bakersfield, inthe prescribed form-of contract .hereto annexed, to provide all. necessary machinery, tools, apparatus and. other means of construction and to da all the work ar~d furnish all the materials in accordance with the plans and spe-~ cif cations for the above, filed in the office of the ~ Finance Director of the City of Bakersfield ar~d as specified in the contract,,. in the manner and time • therein prescribed, aid according to the requirements of the Engineer as therein set forth, ar~d that he wi l take in full payment... therefor the unit prices or lump sums,- seta forth ire the followir~q schedule:. In ease of a discrepancy between words a~.d figures, the words. shall. prevail.; and in case of discrepancies between unit prices aid totals, the unit prices shall prevail. The undersigned further agrees. that in case of default ih executing the required contract, with necessary bonds, within ten ~l0} days, not including Sunday, after haying received. notice that, the contract is ready for signature, the proceeds of the check or bide: bond accompanying his bid shall. become the pro- petty of the City of Bakersfield. Bidder acknowledges receipt of the following addendum: ITEM.:. APPROX. ITEM WITH LUMP SUM PRICE UNIT NO. QUANTITY WRIT:I'EN IN WORDS PRICE- T(~'TAL 1 ~ Lump Sum Traffic s i al and l ht in -system orgy Manning Street at Min Avenue _ Lump Sum 2 Lump Sum Traffic si nal and li htin system on Ashe Road at Clubview Drive. SIGNED Bidder Page 1 of 2 D6: 41015,36 41019 P~POSAL FOR:. T]~FFIC: SIG~3A~ SYST]~MS ON SING STREET.: AT ~ MING AVI~Nt]E, ASHE ~ . RQAD AT CLUBVLEW DRaVE. . LTEM APP~X. I~ f~ITH L~JMP SUM PRICE.. UNIT NQ.f QUANTITY ~IRITTEN IN ~RDS PRICE '~~]"AL 3 z63 S. F. R~~ove ~traf f is sari sand pa~eme~t markings M~~nning Street at Ming Avenue . 4 2.46,.S.F. ~ _Remove traffic stripes aid pavement makings-Ache Road at Clubvew Drive-. 'T'OTAL w SIGNED Bidder Page 2 of 2 D6; 41015.3? 41019 PROPOSAL. FOR , '~~A►FFIC SIC~!1AL SYSTh~MS ON 1~~NNING STREET AT DING AVIENUE, ASHE ROAD AT CLUB'~JIEw DRIVE To the City- clerk: of the -City of $akersfield: The undersigned, as bidder, declares that: the only persons or parties .interested in this proposal as principals are those. n~~med hereinl that this pro- posa~ ~s made without collusion with any other person, firm or corporation; that he has carefully examined the location of the proposed .:work,..- the annexed pro- . posed form of contract ar~d the plans therein referred. to,• and he proposes and agrees if this. proposal is accepted, thab he will contract~with the.,CitY of Bakersfield, i~ the prescribed form of contract hereto annexed, to provide all necessary machinery, tools,. apparatus and other means of construction and to do all the work aid furnish all. the materials in accordarsce- with the plans and spe- cf ications for the above, filed in the off ice of the Finance Director. of the City of .Bakersfield and as specified in the contract,. in the manner and... time therein prescribed, and according to the requirements of the Engineer as therein set €orth, and that he will take in full payment therefor the unit.priees or Iump sums set forth the following ;schedule: - In case of a discrepancy between words. and figures, the words .shall. prevail.; and in ,case of discrepancies between unit prices, and totals, the unit prices shall prevail. The. undersigned further agrees that i~ case of default. in executing the required contract, with necessary bonds, within ten (lad days, dot including Sunday, after having received Notice that the contract is ready for signature:, the proceeds of the check or bid` bond accompanying his bid shall became the pro- peaty of the City of Bakersf eld~ - Bidder ackhowledges receipt. of the following. addendum: ITEM APPROX. ITEM: WITH LUMP SUM PRICE UNIT. NO, QUANTITY ~ WRITTEN IN WnRDS PRICE. T~~I'AL 1 ~ Lump Sum Traffic signal. ar~d lighting system on Manning Street at Nii~g' Avenue Lump Sum 2 Lump Sum Traffic s i al and- l i htin -system on Ashe Road at Clubview Drive. SIGNED Bidder Page 1 of 2 D6: 41015.36 41019 P~POSAL FOR: TRAFFIC SI~ SYST~S ON M~~~ING STREET AT MING AVI~UE, ASHE ROAD AT CLUBVIEG~ DRIVE. ITEM APPROX.: ITEM WITH LUMP SUM PRICE UNIT N0 ~ +QUANTITY WRIT'rE~1 IN t~RDS PRICE TOTAL 3 Z6~3 S. F. Remove- tr~~f iC stri s and -pavement markings M~~nning Street at Min Ave~t~e 4 246 S. F R+etno~e : traff io- str s aid -pavement mark ngs-Ashe Road at Clubview Drive. TOTAL SKIVED Bider Page 2 of 2 D6: 41015.37 41019 LIST` QF` SDBE~4N'TI~AC~ORS .~'FIC SIC~JAL SYSTI~MS ON N~~1ING STREET AT MINE AVIE~~UE, ASHE ROAD AT CLUBVIEW .~IVEG A11 pe~sohs o~ parties sub~nltting a bid proposal. an the project shall oamplete the fol owz~g form, setting forth the ~~me ar~d the location. of the mild, shop or office of each. $ubccntraetc~r who.. will pe~f orm work ar labor or reader .w service to th~~ Eontractor in~ or about the- cor~structor~ of the work, or improvement ~ .excess:. of one--half of ohe~ t l~ ~ percent of prise Contractor's total bid, or TE~1 TH3SAND DO~JL~~RS ($10, 00~) , whichever is greater; and- the _ portioh of the ward ~hieh .wild. be done b~ each subcontractor. This list. is. to~ ~ - . _ be cc~pleted ar~d submitted with said bid p~opasal. ~ . . _ DIVTSI4N OF . ~~ME QF St~~t:C~TRACTOR ~ ADD~tESS - WCJRK INVOLVED y D6: 41015.38 --38- GG:wrr~ 4101Q .............r...o.........r...e.ee Accompall~•in~ this proposal is.. v » ccCer~l " ~~cashler's check, (NOTIt;E: Ill~ert. the «~ords "cash h'' or "bidder's bovd," as the case may be), in amount equal ~to at fled chec , least ten ~~~rrent of the total of ~thQ bid. ~ interested iv the foreboing proposal ae prin.- The najlltrs of a.ll person cipal~ ai~e a~ foilowe If bidder or other interested person is a cor- OrtCillt NOt1Ce ~ f cor ration fate le al name o po , poratlon, s g also names of the president, secretary, treasurer, and rrianager• thereof ; if a co artnership, state true name of firm, also .names of all individual copart- P Hers corn osing firm; if bidder or other interested person is an mdlvldual, P state first and last names in full. ' cordance with an act- providing .for the rQgistration of Licensed rn ac Contractor's License No SIGN ~ . .............................................................................e...e................ HERE . Signature of bidder NOTE--t~i bidder is a corporatioa, the Legal dame of the corporatioa shQll he .set lortb .above ,together. with the ~igaature of the otiker or ottleers authorl:ed to dqa coatracti~oa bebai! et the corporation; i! .bidder is a copastaetshlp. the ttaeaAauthori:ed totsiga coatroct~ latbebali o~the together ~rtth the slgaature of the partaer or pa copartaenhlp; and. ff .bidder U as ladletduaole ~atfoaa oru a me lmber ota DQrtaenhlp! a~power of by as agent, otfier thaw as olifccr of a c rpo Attora~Y taunt be oo Ule vrith the C1tT Gill be eU ~~=ded=at 1:reqular~aad~uaauthorl~ed. bids or subatltted with the bid. othervrl~e. fife bid Business address Place of re~rdence .................................,19.......... Dated . DIAL-9.A A Ml ~N~ T~ A~C~MP~NY PROP~SA~ ~1fl~~R~ ~ (trot necessary if cash or certified check is v~ith bid) KNOW ALL MEN BY THESE PRESENTSs Tl1at we Qa principal, and ' ' ` ~ ~ 4a e~urety, are .held and ~irml bound unto tl~e City o~ Dal:ers~ield, a body politic and corporate of the State o{ Y nia in the aunt of ~ ~ ~ ~ dollars Cali~or to be aid to said City, for which payment, well and truly to be made; we C~ p bind ourselves, our heirs, executors and administrators, successors or a6aigns, jointly and severally by these .presents. THE CC~NDITI4N QF THi~ OBLIGATIQN IS SUCH: . hat if the certain ro osal, hereunto annexed. to construct certain .work and inyprovem~er~ts in T p P the Ci o~ Bal:ers~icld as re~errcd to in ,the Notice to Contractors attached hereto, is accepted - b the Council o~ said City ~n,d i~ the above bounden principal, keira, executors;` adrrsiniatrators, suer Y ° ' censors and assigns', shall duly enter into and execute a contract, to construct said improvements aforementioned, and hall oxecute and deliver the tvvo bonds required by Iaw, within ten .days (not udin Sunda from t~e date o~ a notice to the above bounden principal, that said contract is ready- ~ncl g Y} stioa then this obli anon shall become null and void, otherNise it shall be and remain in ~u l for exec ~ ~®rce and of sect. N WITNESS WHEREOF, we have hereunto sot c►ur hands aad seals this _~„_,day I of , A.D. 19 .w (Seal} Seal} ~ Seal } (Seal} (Seal} GUARANTEE '~~AFFIC SIt~JAL EQUIPMENT CITY OF BAKERSFIELD Departrn~ent of Public Works 1501 Truxtun Avenue Bakersfield, California In accordance with the terms of Contract No, ,for the Project: T]~AF'FIC SIGNAL SYSTEMS ON MANNING ST. AT MINE AVE., ASHE RD. AT CLUBVIEW DR. , awarded on ,between the City of 8akersf field (hereir~af ter referred to as the City}, and the undersigned, which contract provides for the installation of lighting and/or .traffic .signal systems ,and under which contract the undersigned has furnished and installed such system, the following guarantee of the said system is hereby made. Should any of the equipment installed pursuant to said contract, except lighting elements, prove defective or should the system as a whole prove defective, due to faulty workr~anship, material furnished, or method of installs-~ tion, or should said system or any part thereof fail to operate properly, as planned, due to any of the above causes, all within (1 }year after date on which said contract is accepted by the City,. the undersigned agrees to reimburse the City, upon demand, for its expenses incurred in restoring said systems. to the condition contemplated in said contract, including the cost. of any equipn~er~t or r~aterials replaced, or, upon~derr~nd by the City, to replace any such equipment and repair said systems co~pletely without cost to the City, so that they will operate successfully as originally contemplated.. The City shall have the option to make any neededrepai~s or replace- n~ents itself or o~have such .replacements or repaixs done by the undersigned. Prior to such replacement or repair work being done by the City, the..undersigned shall have the option to make any needed repairs or replacements. In the event the City .elects to have said work perfor~ed by the undersigned, the undersigned agrees that the repairs shall commence to be made aid such materials as are nec~ essary shall co~omence to be furnished and installed within Twenty-Four X24} hours of the date specified in the City's written notification. Contractor shall prosecute: with due diligence to complete the work within a reasonable period. of time, as specified in-the City's written notification. Said .system will be deemed defective within the meaning of. this guar- antee in the event that they fail to operate as originally intended by the manu-~ factuxers thereof and in accordance with the plans and specifications included in said contract. Contractor's Signature Firm Date Address D6: 41015.44 41019 This form shall be completed by all Bidders and submitted with the bid NONCOLLUSION AFFIDAVIT TO BE E~~ECIJTED BY BIDDER AND SUBMITTED WITH BID State of California } ss: County of ) ,being first duly sworn, deposes and says that he or she is of the .party. making. the foregoing bid that.. the bid is not made a.n the interest of or on,behalf of, any undisclosed person, p~~rtnershp, company, association, organ~.zation, or corporation; that the. bid is genuine and. not collusive or sham; that the bidder has not directly or indirectly induced ar solicited an other y bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, cor~uVed, or agreed with. any bidder o~ anyone-else to ut . • ~ o p In a sham bld, or that anyone shall ref ra~.r~ f nom bldd~.ng; that the bidder has n®t in ar~y manner, directly o~ indirectly, sought by a Bement, co~ra~unicatior~ o ~ ~ or conference with anyone to fix the b~.d price of the bidder or gay other budder, or to fix any overhead, profit, or cost element of the~bid rice or of p ~ , that of any other bidder, or to secure any advantage against the public body awarding: he contract of argyone interested un the prop~~sed contract; that all .statements contained in. the bidea~e true; and, further, that the bidder has not, directly or indirectly, su~nitted his or her bid price or any breakdc~vn thereof, . o~ the: contents thereof, yr divulged information ordatarelative thereto, or paid, and will not pay, arty fee to any co~po~aton, partnership, compan Y associat~.on, organi~atlon, bid d~pos~,tory, onto any .member. or agent member or agent thereof to off~ctuate a collusive or shame bid." - Signature of Bidder Business Address Place of Residence D6: 41015.45 41019 HOLD H~~RMhESS AGREF~!~ENT CITY OF ~RSFTELD IT IS HEREBY AGREED that ,agrees to indemnify and hold harmless the City of Bakersfield, its agents, employees or any other persons against loss or expense including attorneys fees, by reason of the liability imposed by law upon the City, except in cases of the City's sole negligence, for damage because of bodily injury, including death at any. time resulting ther~fr~m, sustained by any person or persons, or on account of damage to property arising out of o~ in consequence of ~ . . agreement name IT IS F~J~tT~ER UNDERSTOOD AND-AGREED that the Contractor shall fat the option of the Cityy, defend the City of Bakersfield with appropriate cQUnsel and .shall further bear all costs and expenses, including the expense-of counsel, in the defense of any suit arising hereunto, DATED Contractor's Nance Authorized Signature D6: 41015.39 41019 PTO be ccx~pleted by the Contractor, if he elects: to substitute securities in lieu of retention]. ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU of RETl1NTI0N THIS ESCRaG~T AGREEMENT is made and entered into by and between whose address is hereinafter cal led "Owner" , whose address is hereinafter called "Contractor" and . whose address is hereinafter called "Esc~ow..Agent". For the consideration hereinafter set forth, .the. Owner, Contractor, and. Escrow Agent agree as f o]aativs 1, Pursuant. to Section 4590 of Chapter 13 of Division 5 of 'title 1 of the Goverment Code of the 'State of California, .Contractor has thee, option to deposit securities with. Escrow Agent as a substitute for retention earnings required ~o be withheld by Owne~° pursuant to the Construction Cor~traG~ entered into be tweer~ the Owner and Contractor for Traffic S a1 ~S stain on M~~nnin Street at Min and Ache Road at clubview Dive in the amount of dated _ thereinafter refereed to - as the "Contract"~, when Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within ten X10} da s Y of the deposit. The; market value. of the securities-at.the time of the substitution shall be at least equal. to the cash ar~ount-then re fired to be withheld as retention under the terms of the Contr~~t bet~w~en the saner and Contractor.. Securities shall be held in the name of and-shall designate the Contractor as the beneficial owner.. 2 The Owner shall make progress payments to the Contractor for such funds which otherwise-would be withheld frc~ progress payments pursuant to the Contract provisions, provided that the Escrow Agent hold securities in the form -:and amount specified above. . 3 Alternatively, the Owner may,make payments drectl to Escrow A ent Y 9 in a a~~c~unt of retention for the benefit of the Ownez unt11 such time as the escrow. created hereunder is terminated. D6: 4101.5.40 1 41019 4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the escrow account. These expenses and payment terms shall be determined by the Contractor and Escrc~v Agent.. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be ,subject to withdrawal by Contractor at .any time and f rc~n time to time without notice to the- Owner. 6. Contractor shall have the .right to withdraw all or any part of the principal in the Escrc~r Account only by written notice to Escrow-Agent ac~~ed by written authorization from owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.. 7. The Owner shall have a right to draw upon the securities in the event.of default by the Contractor.. .Upon seen ~7) days' written notice to the Escrow Agent from the Owwner of the default, the Escrow Agent shall immediately cohvert the securities to cash and shall distribute the cash as instructed by the Owner. 8. Upon receipt- of written notification frc~n the -Owner certifying . that the Contract is final and complete, and that the .Contractor-has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest. on deposit less escrow fees and charges: of the Escrow ~ account.. The escrow shall: be closed in~nedately-upon disbu~semeht of alb, moneys ar~d securities ors deposit and p~yme~ts of fed and charges. 9. Escrow Agent shall rely on the written Motif catons from, the Owner and the Contractor pursuamt to Sections t4) to ~6}, inclusive, of this a~reemer~t and.. the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release ar~d disbursement of the securities and interest as .set forth above. 10. The r~~nes of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner ahd on behalf of Contractor in connection with the foregohg and exemplars of their respective signatures, are as :follows: O~ behalf of Owner: On behalf of Contractor: Title Title . . _ Name : _ . ,Name Signature ~ Si ~atu~e Address Address 2 D:6 4101.41 41019 4h .behalf o~ Escrow Agent: Title .Name Signature Address At the time the Eserow Account is opened, the ~wr~.er ar~d Contactor shall deliver to the Escrav Agent a ..fully executed counterpart of this Agreement. IN WITNESS WIKEREOF, the patties have executed, this Agreement by them proper officers ors the date first set forth above. C~+vr~er Co~traetor Title ` Title Name Name Signature Signature . ~ ~ 3 A-FAE'SD.3 D6: 41015.42 - 41J19 SAMPLE SAMPLE ~ .....er.........~ C VLF J.1~C31;r 1 190 • ~ DESCEIPTION OF WORK TD BE PERFORMED -CITY OF B~~KERSFIELD THIS. AGREE~!~ENT, made and entered into this day of , 1989, by and between the CITY ~F ~?~R~RSFIELD, a municipal corporation,. here inaf tee cal led "City, " and ,hereinafter dal led "Contractor"; WITNESSETH: ~iE~, City has .duly advertised .for sealed proposals for , within the City of Bakersf geld. 4n the ,day of , 199, the contract was awarded to Contractor upon h properly executed bid• and WHERI SAS, one of the conditions of said :award required a formal :contract to be executed by and between City and Contractor. NAT, TI~~REFORE, it is mutually agreed by and between.. the .parties hereto as f of lows.: ARTICLE I Contactor agrees to furnish supplies, equipment,-labor and materials for ~ within the City of Bakersfield. ARTICLE II The foll~aing shall be deemed to be past of this contract as if fully set forth herens 1. Information to Bidders 2.- Special Provisions 3. Bid Proposal 4. Bidder's Bond Performance Bond 6. Material and-Labor Bond...... 7. Letters of transmittal, if any 8 A11 provisions required by lay to be inserted ire this _ . contract whether actually .inserted or not. D6: 41015.43 -1- CONTRALTI 4.1019. IN WITNESS WHEREOF, the patties hereto have caused this Agreement to be executed, the day and year first-above written. CITY OF BARERSFIELD Ey~ Mayor .APPROVED AS TO FORM: By City Attorney C4UwTERSIGNED: Bp Finance Director . (NAME 0~ CONTRACTOR) ~ By 'Contracfor -z- C4NTRACT~ F. j 4~ ~ _