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1989 Special Provisions Project Hughes
H4 COPY NO. CITY OF BA~:ERSFIELD CALIFORNIA ~~PECIFICATIONS I NFaR~tAT I ON TO BIDDERS SPECIAL PROVISIONS BID PROPOSAL FOR §~§S§§§§~§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§§~ § § ~ § 5§ TRAFFIC SIGNAL SYSTEM QN HUGHES LANE AT PLANZ ROAD §6 BID OPENING DATE: MARCR 2, 1989 - DEFARTtN'T OF PUBLIC WORKS CITY OF BAKERSFIFLD, CALIFORNIA ~ ` I S0I TRU~TUI~ AVENUE ,~~ti $AKERSFIELD, CALIFORNIA 93301 011389 D,3 S HC?GRE S GG : mro CITY OF BAKERSFIELD DEPARTMENT OF PUBLIC WORKS NOTICE To CONTRACTORS SEALED PROPOSALS will. be received by the City of Bakersfield at the. office of the Purchasing Officer, City Ha11, 1501 Truxtun Avenue, Bakersfield, California, until 2:(l4 o'clock P.M. an MARCH 2, 1989 to be publicly opened. r_w___ and read immediately thereafter, for the 'following work: TRAFFIC SIGNAL SYSTEM ON HUGHES LANE AT PLANZ ROAD Plans and. specifications, and farms of proposal, bonds, and Contract, may be obtained at .the-,office of the Purchasing Officer by posting a refundable deposit of ZERO DOLLARS -0- )for each complete set. Refund of deposit will be made provided the plans and specifications are returned to the Purchasing Officer within ten ~1f?)-days from date of bid opening and the documents. are in reasonable gold -~ondztion. No bid will be consideredunless it is made on a proposal form furnished by the Purchasin Officer, which appears herein immediately following the speci- ficatons of the project, and is made in acco-rdance with the provis~.ons set- :~~rth unde~~ Section °'Proposal Requirements and Conditions" of the Standard Specifications of the Depar went of Transportation, Business & Transportation Agency, State of California, under date of January 1'988. Each bid must be accQm- panied by a proposal .guarantee in accordance with the requirements of article 2-1.01 of the said Section Z of the Standard Specifications. The City of Bakersfield reser~~es the right to reject any or all bids. Bids are required on the entire work described herein. Substitution of securities for moneys retaaned to ensure performance shall be permitted pursuant to the provisions and requirements of Government Cvde X590. The eligible securities include interest bearing demand deposit accpunts, standby letters of credit, or any other security agreed to by the Contractor and the .City of Bakersfield. The req-nest 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 'uack of these special pro~~isions. The Contractor must possess a valid Class A or a Class C-14 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 July 198, insofax as the same may apply and . in accordance, with the following pro~~isions. n 011389- D3S NUGNES.1 -1- GG:mro PROGRESS OF-TAE WORK Aa'VD TIME FOR COMPLETION.. Attention is directed to the provisions of Section 8-1.03, "beginning o.f Work," Article $-l,Ob, "Time of Completion" and Article H-1.01, "Liquidated Damages," of .the Standard Specifications, and is. specifically hereby made a part of these special prov~.s ions . The first paragraph of section 8-1.03, "Beginning of Work," of the standard specifications, is amended to read: The Contractor sha11 begin work within fifteen (15) days after receiving written notice the contract has been approved by the City Council and to proceed. The Contractor shall diligently prosecute the same to completion before the expiration of 4~0 working days. Contract working days will commence from the date .the Contractor begins work or the 15th calendar day from the date of the written notice to proceed, whichever comes first. Fu11 comAensaton for conforming to the requirements of above paragraph shall be considered as included in the prices paid for the various items, of work and no additional allowance will be made therefor. 011389 D38 ~~1GI~ES.2 -2- GG:mro CITY OF BAKERSFIELD, CALIFORNIA DEPARTMENT OF PUBLIC WORKS SECTION 1. PR.OPQSAL REQUIREMENTS (a) GENERAL. INFORMATION. The. Purchasing Officer of the City of Bakersfield, California, will receive at her office, Gity Hall, in said City, until 2 o'clock P.M, on MARCH 2, 1989 sealed proposals for TRAFFIC SIGNAL SYSTEM ON HUGHES LANE AT PLANZ ROAD (b) PROPOSAL FORM. All proposals must be made upon blank. forms to be obtained from the Purchasing Officer, the form of which appears herein immedi- ately following these specifications. All proposals ,must giye the prices pro- posed, both in waiting and .figures, and must be signed by the bidder, with his address. If the proposal is made by an individual, his. name and post office address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the names of the state under the Iac~sof which the corporation was chartered and the names, titles,:.and busi- ness addresses of the president, secretary and treasurer. (c) BIDDER'S GUARANTEE.. All bids shall be presented under sealed cover and shall be accompanied by a certified. check or bid bond made payable to the City oaf Bakersfield, for an amount equal to at Least ten-percent (10% of the amount of said-bid, and no bid shall be considered unless suchcerti- fed check or bzd-bond is enclosed therewith. (d) RET~jRN OF BIDDER'S .GUARANTIES.. Within ten (10) days after .the award of the contract, the City of Bakersfield. will return the. proposal guaranties accompanying such of the proposals as are not to be considered in making the award. Ail other proposal guaranties w11 be held until the con- tract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany. (e) CONTACT BONDS.. The Contractor .shall furnish two good .and suffi- cient bonds. One of tha said bonds shall guarantee the faithful performance of the said contract by the Contractor and shall be in an amount equal to one hundred percent (l00%) of the contract price. The other of the said bonds shall be in an amount of fifth 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 o.f persons employed by contractors upon public works,.and.the claims of persons who furnish materials, supplies, teams, implements, or machinery .used . or consumed by such contractors in the performance of such c,~orks, and prescribing the duties of certain public officers with respect ther_eto," approved ~1ay 1,, 1q1~, as amended. Forms of bonds required may be obtained at the office of the City Attorney. 01139 D3 8 HUG~IE S . 3 - 3- GG : mro whenever any surety or sureties on any such bonds, or on any bonds required by law for the protection of the claims of Laborers and material .men, become insufficient, or the Mayor has cause to believe that such 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- Wally required, as is considered necessary, considering the extent of the work remaining to be done. Thereafter no payment sha11 be made upon such contract to tre Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished. (f) REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES OR IRREGULARITIES. Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, era-_ sures or irregularities of any kind, Proposals in which the prices obviously are, unbalanced may be rejected. The right is reserved to reject any and all proposals. (g) AWARD OF CONTRACT. The award of the contract, if it be awarded, will be to the lowest responsible bidder. The language "responsible" refers to not only the attribute of trustworthiness, but also to the quality, fitress-and opacity o~ the low bidder to satisfactorily perform the .work. the award ~f-.the contract will be made withih forty-five (45) days. after the opening of the propo als.unless extension is approved by the lowest responsible bidder. (h) EXECUTION 0~ CONTRACT.. The contract shall be signed by the succe sful bidder and returned, together .with the contract bonds. within tern (10) days, riot ncluding Sundays,. after the bidder has received notice that the contract has been awarded. No proposal shall be cansidered binding upon the City until the execution of the contractl A11 contracts shall be considered as being made and entered into in the City of Bakersfield, California. Failure to execute a cohtract and file acceptable bonds as provided herein within. ten (10) days,, hot includa:n~ Sundays, after the bidder has received notice that. the contract has been awarded, shall be just..cause for the cancellation of the award and the forfeiture of the proposal guaranty. (i) EXAMINATIONS OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, A~tD SITE OF wORI~. The bidder is required to examihe carefully the site of, the proposal, plans and specifications, and contract forms. for the work contemplated, and it will be assumed that the bidderhas investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications., the special provisions, and. the contract. It is mutually agreed .that the submission of a proposal shall be considered prima facie evidence that the bidder has- made suc~i examination. 011389 D38 HUGHES.4 -4- GG:mro SECTION 2. SCOPE OF WORD{ {a) WORR TO BE DONE. The work to be done consists of furnishing all labor, materials, methods and processes, implements, tools and machinery, except as otherwise specified, which are necessary and required to construct the pro- posed improvements, as designated in the contract. (b) ALTERATIONS. By mutual consent in writing of the parties signs- Cory to the contract, alterations or deviation, increases or decreases, addi- Lons or omissions, in the plans and specifications, may be made and the same shall in no. way a.ffeet 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 ma_y be deemed necessary or expedient by the Engineer. (c) EXTRA wORR. New and unforeseen work w11 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 from the Engineer. For such extra work the contractor shall receive payment as pre- viously agreed upon in writing, or he sha11 be paid on force account. (d) REMOVAL 4F OBSTRUCTIONS. The contractorshall remove and dispose of a11. structures, debris, or other obstructions or any character-of the con- struction of the street or road, if and as required.-by the Engineer. The contractor sh-all remove and dispose of all trees designated by the Engineer as obs ruction to the proper comple~:ion of the work. -Theremoving.and disposing of all obstructions to the prosecut-ion of the contract, unless otherwise specified; sha11 be Considered as in~~.uded in the various items ofdcontract work-and no additional compensation will be allowed therefor. (e) FINAL CLEANING UP. Upon completion and before making. application for acceptance of the work, the contractor shall clean the s reef or_ road, bor- row pits, and all. ground occupied by him in connection with the work, of all rubbish, exce s materials, temporary Structures, and equipment; anr~ all parts of the work shall be left in a-neat and presentable condition. SECTION 3. CQNTROL Off' THE WORK (a) AUTHORITY' OF THE ENGINEER. The engineer sha11 decide any and all questions which may arise as to the quality or~acceptability of materials fur- Wished and work performed, and -aa to the .manner of performance and ..rate of pra- gress of the work; all questions which arise as to the interpretation of the plans and specifications; all-questions as to the acceptable fulfillment of the contract on the part of the contractor; and all quest~.ons as to claims and cornpensatxon. aI:1389 D3S HUG~?ES.S -5- CG:mro The Engineer's decision shall be final and he shall have executive authority to enforce and make effective such decisions and orders as the con- tractor fails to carry out promptly. (b~ PLANS. All authorized alterations affecting the requirements and information-given on the approved plans shall be in writing. No changes shall be made of any plan or drawing after the same has been approved by the Engineer, except by direction of the Engineer. Working drawings or plans for any structure not included in the plans furnished by the Engineer shall be approved by the Engineer before any work . involving-these plans shall be performed, unless approval is ~~aived in ~~riting by the. Engineer.. It is mutually agreed, however, that the approval by the- Engineer of the contractor's working plan does not relieve the contractor of any responsibility for ,accuracy of dimensions and details, and that the contractor shah be res~on- sible for agreement-and conformity of his working plans with the approved plans . . and. specifications. . .(c) CONFORMITY WITH PLANS AND ALLOWABLE DEVIATION. Finished surfaces in all cases shall conform with the lines, grades, cross-sections, and dimen- sions shown on the approved p-laps. Deviations from the approved plans, a-s may be required by the exigencies of construction will be determined in all cases by the Engineer and authorized ire writing. (d~ C~ORD~~TATION of PLANS, SPECIFICATIONS, AND SPECIAL PROVISIONS. `These specifications, the plans, special provisions, and all supplementary docu- ments are essential parts of thecontract, and: a requirement occurring in one is a binding as though occuring in allQ They are intended to be cooperative, to describe, and ~o provide for a complete work; Plans. shall govern over specifi- cations; special p-rovisions shall govern over both specifications and plans. City specifications shall govern over State Standard $pecifications.C (e) INTERPRETATION ~F PLANS AND SPECIFICATIONS. Should-it appear that the work to be done, or anymatter velative thereto, is not sufficiently detailed or explained in these specifications, plans, and the special provision, the contractor sha~:l apply to the Engineer for such further .explanations as mSv be necessary, and shall conform. to such explanation or interpretation as part of the contract, so far as ma_y be consistent with the intent of the origi-- nal spec~ficaton~s. In the event of doubt or question relative to the true meaning of the specifications,..reference shall bemade to the .City Council, whose. decision thereon shall be final.. In the event of any discrepancy between any drawings., and -the figures written thereon, the figures shall be taken as correct. (f) .SUPERINTENDENCE. Whenever the contractor is not present on any part of the work where it may be desired to give direction, orders will be given by the Engineer in writing, and shall be received and obeyed by the superintendent or foreman in charge. of -the particularwork in reference to which orders are given. ~1138~ D3$ HUGHES. b -b- GG: ~nro (g) LINES AND GRADES. All distances and measurements are given and will be made in a horizontal plane. Grades are given from the top of stakes or nails, unless. otherwise noted on the plans. Three consecutive points shown on the same rate of slope must be used in common, in order to detect an~r variation from a straight grade, and in case any such discrepancy exists, it must be reported to the. Engineer. If such a discrepancy is not reported to the Engineer, the contractor shall be responsible for any error in the finished work. The contractor sha11 give at least 24 hours notice in writing when he will require the services of the Engineer for laying out.any portion of_the work.. The contractor shall furnish the Engineer such facilities and labor, necessary for making .and. maintaining points .and lines, as he may require. Payment for labor furnished by the Contractor-.for such purposes is .considered as included in various items of work and no additional compensation will be allo~aed therefor.. The contractor shall preserve all stakes. and points set for lines, grades, or-measurements of the work in their proper places until authorized to remove them by the Engineer. All expenses incurred in replacing stakes that have been removed without proper authority shall be paid by the contractor. (h) INSPECTION. The Engineer shall at all times have access to the work-d,ur~.ng construction, and shall be furnished with e~rery reasonable facility f.or discertaining fill knowledge respecting the progress, ~aorkmanship,.and charac er of materials used and employed ih the work.. wher~~ever tie contractor varies the period during which work is carried ~n each day, he shall give due notice to. the Engineer, so that proper inspection _ may be provided. Any .work .done in the absence of the Engineer will be subject to resection. The inspection of the work shall not relieve thecontraetor~of anw of his ob igations to~fulfill the contract as prescribed. Defective work s-hall, be~madegood,, and unsuitable materials may be rejected, notwithstanding the fact .that such defective work and unsuitable materials have been previously overlooked. by the Engineer and accepted or es mated for payment. Projects financed in cahole or in part with State funds shall be subject to inspection at all times by the Director of Publi.e Works, or his agents,- (i~ REM4vAL OF DEFECTIVE AND UNAUTHORIZED w4R~. All work c~hich is defective in its con traction or deficient in an:y of .the requirements of these specifications sh-all be remedied, or removed and replaced by the contractor in an acceptable manner, and no compensation will be ail-oared for such correction.. Any work done beyond the hoes and grades shown on the plans or estab- lished by the Engineer, or any extra work done without written authority, wiiY be considered as unauthorized and will not bf~ paid for. C1pon failure on the part of the contractor to comply forthTlvith with any order of the Engineer made under. the provisions of this article, the Engineer shall have authority to cause defective work to be remedied, or removed and replaced,. and unauthorized work to be removed, and to deduct the costs thereof .from-any monies due or to become due the contractor. U1 38~ D38 H~JGHES.7 -7- GG:mro (.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 MATERIALS (a) SAMPLES AND TESTS. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before deliv- ery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the contractor or producer of all materials to be used in the work, for test- ing or examination as desired b~~ the Engineer. All tests of materials furnished by the contractor shall be made in accordance with commonly recognized standards of national organizations, and such special methods and tests as are prescribed in the specifications. The contractor shall furnish such samples of materials as are requested 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- quality of material. -tb) DEFECTIVE MATERIALS. All materials not. conforming to the requirements of these specifications shall be considered as .defective, and ail such ma erals, 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, shall be used until approved in writing by the Engineer. Upon failure on ,the part of the contractor to comply with any order of I the Engineer made under the provisions of ,this article, the Engineer shall have authority to remove and replace defective material .and to deduct the cost of removal and replacement ,from any monies due or to become due the contractor. SECTION 5. LECA.L RELATIONS AND RESPONSIBILITIES TO THE PU$LIC (a} LAWS TO BE OBSERVED. The contractor shall, keep himself fully informed of all existing and future State and National lacas and all municipal ordinances and regulations of_ the City of Bakersfield jahich in -any manner affect those ehgag.ed or employed in the work., or the materials used in the work, or which in any way affect the conduct of the work, and, of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.. (b) HOURS of LABOR. The contractor shall forfeit, as penalty to the City of Bakersfield, Ten Dollars (510.40)-,for each laborer, workman,.or mechanic employed in the execution of the contract by him, or by any subcontractor under him, upon any of the work hereinbefore mentioned, for each- calendar day during y which said laborez, workman, or mechanic is required or permitted to labor in violation of the provisions of Section _181.0 to Section 1815, inclusive, of the Labor Cade. o~1~8g D38 HUG►~ES.8 -8- GG:mro (c) The contractor shall comply with Section X705 of the Labor Code which provides that the contractor's responsibility shall be as (allows: If the contract price for the project includes an expenditure in excess of twenty-five thousand dollars ($25,000) for excavation of any trench or trenches five feet or more in depth, the contractor or his subcontractor shall .not begin any trench excavation unless a detailed plan, showing the design. of shoring, bracing, sloping or other provisions to be made for worker protection during the excavation of the trench, has been submitted by the contractor to the City Engineer and the detailed plans has been approved by the City Engineer. If -such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be .prepared by a registered civil or structural engineer. Nothing in this section shall be deemed to allow the use of a shoring,,. sloping, or protective system less effective than that required by the Construction Safety Orders of the Division of Industrial Safety,. Nothing in this section shall be construed to impose tort liability on the awarding body ox any of its employees. The terms "public works" and "awarding body", as used-in this section, shall have the same meaning as in.Labor Code. Sections 172(J anal 1722 respectively.. ~d) EQUAL EMPLOYMENT OPFORTUNITY, During the performance of this contract the Contractor areas as follows: . (l) The contractor will not discriminate .against any. employee or applicant for employment because of race, creed, color, sex, or national. origin;.. The Con ractor will take affrm~- tve action to ensure that applicants are emplowed, and that employees are treated during emp~.oyrnent, wi hout regard to their race, creed, color, six, or national ori- gin. Such action:-shall include, .but not be limited to, the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or ter- mina ion; rates of pay or other forms of compensation; and selection for training,.including apprenticeship. The Contractor agrees to post in conspicuous placas, available to employees and applicants for employment, notices to be provided setting forth the provisions of this non-- discrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees .placed by or on behalf of the Contractor, state that all qualified applicants r~►ill receive considers- Lion for employment without regard to xace, creed, color, sex, or national. origin. oi1389 D3 ~ Ht3GHE S . 9 - 9- GG : rnro (3} The Contractor wi11 send to each labor union or representa- 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- tative of the .Contractor's commitments under Section Z02 of Executive Order No. 1124b of September 24, 19b5 and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4} The .Contractor will comply with all provisions of Executive Qrder No. 11246 as amended by Executive Order 11375, and of the rules, regulations, and relevant orders of the Secretary of .Labor. (e) PREVAILING WAGE. The Contractor shall, as a penalty to the City of Bakersfield, forfeit $25.00 for each calendar day or portion thereof, for each workman paid less than the stipulated prevailing rates. .for such work or craft in which such workman is employed under this contract or by any subcon- tractor. under him, in violation of the provisions of Section 1770 to Section 1780,. inclusive, of the .Labor Code. The. Contractor shall be responsible for its own and subcontractors' compliance Taith the requirement of Section 1776 of that Code. .Copies of the prevailing rate of per diem wages, for each .craft., c Las- . sification or t~~~e of workman needed to execute the contract, are on file in .the office of the Director of Public Works and shall be made available to any inter- ested..party on request. (f) APPRENTICES. All Contractors and Subcontractors. shall com~~.y with the provisions of Labor. Code Section 1777.5 relating to the employment of apprent~.ces. (g) REGISTRATION 4F CONTRACTQRS. Prior. to award, Contractors shall be licensed in accordance with the provisions of Section 1055 of Business and Professions Code. (h) PERMITS AND LICENSES. .The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and inci- dental to the due and Lawful. prosecution of the work. (i} PATENTS,, The Contractor shall assume all responsibilities aris- irxg from the use of patented materials, equipment, devices, or processes used.: on o~- incorporated in the work. (i) PUBLIC CONVENIENCE AND SAFETY. The Contractor shall so conduct his. operations as to cause the Least possible obstruction and inconvenience to public traffic. Unless other existing streets are stipulated in the special provisions to be-used as detours, all traffis sha11 be permitted to pass through the work. O1i38~ D38 HUGNFS.~O -lQ- GG:mro Residents along the road or street sha11 be provided passage as far as practicable. Convenient access to driveways, houses and buildings along the road or street shall be maintained and temporary crossings shall be provided and maintained in good condition. Not more than one cross or intersecting street or road shall be closed at any time without the approval of the Engineer. The Contractor shall furnish, erect, and maintain such fences, barriers, lights, and signs as are necessary go give adequate warning to the public at all times that the improvement is under .the construction and of any dangerous conditions to be encountered as a result thereof, and he shall also erect and maintain such warnings and directional signs as may be furnished by the City. Full compensation for conforming to the provisions of this Section 5 (j) shall be considered as included in the prices paid for the various contract items of raork and no additional compensation will be allowed therefor. (k} RESPONSIBILITY FOR DAMAGE. The City of Bakersfield, the City Council, or the Engineer shall not be answerable or accountable in any manner. for any loss or damage that may happen to the work or any part thereof; or for anv material or equipment used in performing the work, or for injury or damage to any person or persons, either workmen or the public; or for damage t® adjoining property caused by the negligence of Contractor or one of his subcon- tractors during the progress of the work at any time before final acceptance. The Contractor shall indemnify and save harmless the City of Bakersfield, th~e.City Council, and the Engineer from any suits, claims, or ,actions broug?~-~ by any-person or persons for or on account of any injuries or damages sustained or arising in the construction of the work or in consequence thereof. (l) CQNTRACTOR'S RESPONSIBILITY FOR.W~RK. Except as pro~rided above, until ..the formal acceptance of the work bythe City Engineer, the Contractor shall have the charge and care thereof and shat.. bear the risk of injury or damage to any part hereof by the action of the elements or from any other cause, whethex arising from the execution or from the non-execution of the work. The Contractor shall rebuild, repair, restore, .and make good all injuries or damages to any - portion of the work occasioned by and of the above causes before final accep- tance and sha11 bear the expense thereof, except such injuries or damages occa- sinned by acts of the Federal.Government or the public enemy. {m) No ,PERSONAL LIABILLTY. .Neither the City. Council, the Engineer, nor any other officer or authorised:assistance or agent shall be personally responsible for any liability arising under the contract. (n) RESPONSIFILITY of CITY. The City of Bakersfield shall not be held re ponsible for the care or protec ion of-any material or parts of the work prior to final acceptance, eXcept as expressly provided in ..these . . spec~..f zcations . C ~ 1~~9 U3S HUGHES.Il -ll- CsG~mro SECTION b.0 PROSECUTION A11D PROGRESS (a) SUBLETTING A~1D ASSIGNMENT. The Contractor shall give his per- sonal attention to the fulfillment of the contract and shall keep the work under his control. Subcontractors will not be recognized as such, and alI persons engaged in the T~ork of construction will be considered as employees of. the Contractor, and their work shall be subject to the provisions of the contract and 0 • O ~ specifications. Where a portion o.f the work sublet by the Contractor is not being pro-° secuted in a manner satisfactory to the City Engineer, the subcontractor shall be removed immediately on the requisition of-the City Engineer and shall not again be employed on the work. - (b) The Contractor sha11 dili-gently prosecute the work to completion before, the expiration of the permitted number of working days or calendar days as specified on Page 1 of this specification. (c) CHARACTER OF WORKMEN. If any subcontractor or person employed by the Contractor shall fail or refuse to carry out the directions of the Engineer. or shah appear to the Engineer t-o be incompetent or to act in a disorderly or improper warner, he shall be discharged immediately on;the requisition of the Engineer, and ouch. person shall not again be employed on the .work.. (d} TEMPORARY SUSPENSION Oh WORK. The. Engineer shall have the authority to suspend:the work urholly~or in part, for such period as he may deem necessary, due to unsuitable weather, or to such other conditions as are consid- ered unfavorable for the suitable prosecution 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 shall. immediate y obey such order of ;the Engineez andshall: not. resume the. work until ordered in writing by the Engineer. (e) TIME OF COMPLETION AND LIQUIDATED DAMAGES. It is agreed by the parties to the. contract that in case a?I the work called for under the contract is not com~pleted~bef-ore or upon the expiration of the time limit as set forth in ,these specifications, damage will be sustained by the City of. Bakersfield, and that it: is and will be impracticable to determine the actual damage c,~hich the City will sustain in the event of and by reason of such delay, and it is there- fore agreed that the Contractor will pay to the City of Bakersfield the. sum of Two Hundred Dollars (S?C~0.00) per day-for each and every calendar day's delay beyond the time prescribed to compl?te the war?~;.and:-the Contractor agrees to pay .such liquidated damages as herein pro~~ded, and in case the .same .are not vad, agrees .that, the-City of Bakersfield may deduct the amount thereof from any money due or that may become due the Contractor under .the contract. 011359 D38 !~UGHES.12 -1~- GG:mro It is further agreed that in case the work called for under the con- tract is not finished and completed in all parts and requirements within the time specified the City Council shall have the right to extend the time for com- pletion or not, as :may-seem best to serve the interest of the City; and if it decides to extend the 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 from the final payment for the wark, all or any part, as it may deem proper, of the actual cost o.f 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 o.f final surveys and preparation of final estimate shall not be included in such charges.. The Contractor shall not be assessed with liquidated damages nor the cost o.f 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 Contractor shall wi-thin ten (10) days from the beginning of any. such delay, notify the Engineer in writing of the causes of de-lay, who shall ascer- tain the facts and the extent of the delay, and his findings of the facts thereon shall be final and conclusive. (f) SUSPENSION OF `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 refu a to provide means for a satisfactory compliance with the contract,, as directed by the Engineer, within the time. specified in such notice, the City Council 'in any such case sha11 have the po~aer to suspend the operation of the contract. Upon receiving notice of such suspension, the Contractor shalldiscontinue~said work, or such parts of it as the City Council may designate. Upon such suspension, the Contracton's control sha~.l terminate, and thereupon.. the City Council, or its duly authorized representative,.maytake possession of all or any pa-rt of the Contractor`s materials:, tools, equipment, and appliances upon the premiees,- 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 materia s and supplQS 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- sar;y workmen, substitute other machinery or materials, and purchase the materi- als contracted for, in such manner- as the City Council may deem proper; or the. City Council may annul and cancel the contract and re-let the work or any part thereof.. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and his sureties, raho 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 from liability or failure to fulfill the contract. The Contractor and his sureties will be credited with the amount of money sQ forfeited toward any excess of cost over and above -the contract price, arising from the suspension of the operations of the contract and the completion of the work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just - claims for such completion have been paid. Ol I.~~9 U38 HUGHES. 1. ~ -13- r~ •~~,rn V V 0 Li[ i V In the determination of the question whether there has been any such non--compliance with. the contract as to warrant the sus ensign or annulment P thereof, the decdsion of the City Council shall be binding on all parties to the contract. (g) RIGHT OF WAY, The right of way for the work to be constructed will be provided by the City. The Contractor shall make his own arran ement g s, and pay all expenses for addLtlonal area required by him outside of the limits of-right of way unless otherwise provided in the S ecial Provisions. P SECTION 7, MEASUREMENT AND PAYMENT (a) EXTRA AND FORCE ACCOUNT WORK. Extra work as hereinbefore . defined, when ordered and accepted, shall be aid for under a written wor P k order in accordance with. .the terms therein provided, Payment for extra work will be made at the unit prise or lump sum previously agreed upon by the Contractor and the Engineer, or by force account. If the work is done on force account the Contractor shall receive the actual cost of all material. .furnished by-him as shown by his paid vouchers, plus fifteen percent (I5%), and for all equipment and teams that are necessar y he shall receive the current prices in the locality, which shall have been previ~- ous~ly determined and agreed to in writing by the Engineer and b the Contractor y , plus fifteen percent {1~5%) and-for all labor that is necessary he .shall recei.~e the current prices in the locality, plus twenty percent (2D%) rovided however. p that the City reserves the right to furnish such materials required. as it deems expedient, end the Contractor shall have no claim for rofit on the cost. of s~ P ch materials, The price paid for Labor shall include aLl payments imposed b State y and Federal laws .for .all payments made to, or on behalf of, tl~e work~en, other than actual wages. A11 extra work and force acc©unt shall be adjusted daily upon re ort P 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 cork-done. (b) PROGRESS F~YMENTS. The Contractor shall once in each month submit for approval, an estimate in writin to the Cit ~En ineer of th g y g e total.. amount. of work done by the ~;ontractor, to the time of such estimate and the value. thereof. The City of Eakers.field shall retain ten percent (10%) of such estimated value of the work done as part securit for the fulfillment of the y .contract by the Contractor, and shall monthly pay to the Contractor, while carrying nn the work, the balance not retained, as aforesaid after deductin g therefrom a1 previous payments and ail sums to be kept or retained under the provisions of the contract. No such estimate or payment shall be re aired q try be made, when in ;the iudgment of the City Engineer the work is not proceeding in accordance with the provisions of the contract or when in his 'ud a gment the totat value of the work done since the last estimate amounts to less than Three Hundred Dol tars ( $300.00) . 011389 D38 ~iUCHES.14 -~4- GC:mr.o (c) FINAL PAYMENT. The City Engineer shall, after the completion of the contract, make a final estimate of the amount of work done thereunder, and the value of such work, and the City of Bakersfield shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the contract. All prior partial. esti~ates and payments shall be subject to correction in the final estimate and payment. The final payment shall not be due and payable until the expiration of thirty (30) days from the date the "NOTICE OF COMPLETION" is recorded at the County Recorder's Office, It is~ mutually agreed between the parties to the contract that no cer- tificate given or payments made under the contract, except .the final certificate or final payment, shall be conclusive evidence of the performance of the contract, either wholly or in part, against anv claim of .the party of the first Hart, and no payment shall be construed to be an acceptance of any defective work or improper materials. And the Contractor further agrees that the payment of the final amount due under the contract, and the adjustment and payment for any work done in accordance with any alterations of the same, shall release the City of Bakersfield, the City Council, and the, Engineer from any and~all claims or lia- bility on account of work performed under the contract or any alteration thereof . (d) SUBSTITUTION OF SECURITIES. Whenever herein provision is made for c~ithholding or retention of moneys to ensure performance, substitution of an equivalent amount (value) of securities shall. be permitted in accordance with the pravi.sions and reQuire~ments of Government Code. Section 4590. r SECTION PRO~IIS?'CNS OF STANDARD SPECIFICATIONS This work embraced herein shall be done in accordance with the appropriate. provisions of Specifications entitled "State of California, Department of Transportation, .Standard Specifications, January 1988," insofar as the same may apply, which specifications are hereinafter referred to as the Standard Specifications, and in accordance with the following special provxs~.ons, .whenever. in the Standard Specifications the following terms are used, they shall be understood to mean and refer to the following: Department of Transportation, CAL?'RANS - The Engineering Department of the City of Bakersfield. . Director of Public works City Engineer, City of Bakersfield. Engineer - The City Engineer, acting either directly or through properly authorised agents, such agents acting within the scope of the particular duties entrusted to them. .Laboratory - The designated laboratory authorized by the City of Bakersfield to test materials and work involved in the contract, "tare - The City of Bakersfield. , 011389 D3 8 ~i1GHF S , 1.5 -15 - GG P mro Other terms appearing in the Standard Specifications, the general provi- signs, and the special provisions, shall have the intent and meaning specified in Section 1, Definition of Terms of the Standard Specifications. In the event that any portion of the Standard. Specifications incorporated herein shall conflict with any of the provisions delineated in the special provisions section herein set forth, the provisions so delineated shall take precedence over and shall be used in lieu of such conflicting portions of the Standard Specifications. SECTION 9. INSURANCE The .Contractor shall save, hold harmless and indemnify the City, its officers, agents, employees and volunteers from all claims, demands, damages, judgments, costs or expenses in law or equity that may at any time arise from or related to any work .performed by the Contractor, his agents, employees or subcontractors under the terms of this agreement. In addition to any other form of insurance or bond required under the terms of this agreement and specifications, the Contactor shall procure and maintain for the duration of this-agreement the following types and limits of ~.nsuranc e Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property - damage and personal injury, with. Limits. of not less than one million (51,000,000) per occurrence; end s General liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, .property damage and personal injury, with limits of not less than .one million ($1,000,000) per occurrence, workers' compensation with statutory limits and employer's liability. insurance. with limits o.f-not less than one million ($1,000,000} per accident. All policies required of the Contractor hereunder shall be primary insurance as respects the C-ity, its mayor, council, officers, agents., employees and volunteers and and insurance or self-insurance maintained by the City, its mayor, counc~.l, officers, agents, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. The automobile liability policies shall provide coverage for owned., non-owned and hired autos. The liability policies shall provide contractual liability coverage -for the terms of this. agreement. The liability policies shall contain an additional insured endorsement in favor o.f the City, its mayor, council, officers, agents, employees and volunteers;. 0113$9. D3$ HUGHES.16 -lb- GG:mro The workers' compensation policy shall contain a waiver of subrogation endorsement in favor o.f the City, its mayor, council, officers, agents, employees. and volunteers. All policies shall contain the following endorsements: An endorsement providing the City with ten (10) days written notice of cancellation or material change in policy language or terms. If any part of the work under this agreement is sublet similar insurance shall be provided by or on behalf of the subcontractors to cover their operations. The insurance required. under this agreement shall be maintained until all work required to be performed under the terms of this agreement is satisfactorily completed as evidenced by formal acceptance by the City. The Contractor shall furnish the City Risk Manager .and the Public Works Department with a certificate of insurance signed by an agent of the insurer evidencing the insurance required under this agreement. All costs of insurance required under this agreement shall be included in the Contractor's bid, and no additional allowance will be made for additional costs f~hich. may be required by extension of the insurance policies SECTION 10. QUANTITIES The following pr_el~minary estimate of the quantities of work to be - done. and materials to be furnished are approxima e only, being given as a ba is for the co~parison of bids, and the City of Bakersfield does not expressly or by implication agree that the actual amount of ~~ork will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that may be deemed necessary or expedi- ent by the Engineer. ENGINEER'S ESTIMATE ITEM. .QUANTITY UNIT DESCRIPTIO~t Lump Sum L.S. Signals and Lighting 2. 2,?2.0 S.F. Remove Striping and Pavement Markings, 3 . I,limn S~~m L.S. Relocate Fence 011389 D38 HUGHES.l7 -I7- CG:mro SECTION I1. 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 I2. DESCRIPTION OF WORK The general description o.f work is as follows: Installation of traffic signal, system. Said work is shown and detailed on a plan entitled: TRAFFIC SIGNAL SYSTEM ON HUGHES LANE AT PLANZ RQAD SECTION 13. GENERAL PROVISIONS. (a) .PUBLIC SAFETY AND PRESERVATION OF FROPERTY. 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 minimum requirements and shall be subject to the approval of the City Engineer. Full compensation for complying with the requirements of -this section shall be-considered as included in the contract prices paid for the. various items of work and no additional compensation trill be allowed therefor. fib) aBSTRUCTIONS. 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 cork is required by said section it shall. be paid for as provided in Section 7.(a) of these specifications. The Contractor ~~ill be required to work around public utility facilities and other improvements thafi are to remain in place within the construction area or that are to be relocated and relocation operations have not been completed, In accordance with the provisions of Section 7-l.ll, "Preservation of Property," and 7-I.12, "Responsibility for.Dam.3ge," of the Standard Specifications, the Contractor will be liable to owners of such facilities and improvements for any damage or interference with service resulting from conducting his operations. The exact location of underground facilities and improvements within the corn- struction area shall be ascertained by-the Contractor before using equipment that may damage such facilities ~r interfere with the services... Other forces may be engaged in rnovin~ or removing utility facilities or other improvements or maintaining services or utilities. The Contractor sha11 cooperate with such forces and. conduct his operations in such a manner as to avoid any unnecessary delay or hindrance to .the work being performed by other such forces, 011389 D38 HUGHES,IB -18- GG:mr© Any delay to the Contractor due to utility relocation whether or not the utility is shown ox correctly located on the plans will not be compensated for as idle time. However, additional contract time commensurate with .such delays may be allowed. At locations where irrigation systems exist, the Engineer will direct the Contractor as to what steps will be required to protect the irrigation sys- tem .and the area it serves. The Contractor shall replace the irrigation system as directed by the Engineer. Existing land subdivision monuments and stakes shall. be fully protected from damage or displacement and they shall not be disturbed unless directed by the Engineer.. Attention is directed to the fact that nuisance water may be present at all times along the project. It will be the responsibility of the Contractor to provide for handling of said water and any expense involved shall. be considered as included in the prices paid for the various items of work and no additional allowance will be made therefor. ,Except in the case of extra work, full compensation for conforming to the requirements o.f 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. (c~ OMISSIONS IN SPECIFICATIONS AND- DRAWINGS. Any materials or work mentioned in the specifications. and not shown on the drawings- or shown on the ~rac~ings and not mentioned in tt~e 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 furnishing such omitted materials or performing such omitted work; but shall be furnished or performed as if fully shown or described in the drawings or specifications. (d~ MATERIALS. Whenever any material is specified by name and number thereof, such specifications shall be deemed to be used: for the purpose of faci- litating description of the materials, and establishing quality, and shall be deemed and construed to be followed by .the words "or approved equal". No sub- 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) ADJUSTMENT OF C`iTERHEAD COSTS.. The provisions. of Section 9-1.Q8 of the Standard Specifications shall-not apply to final cost of this contract and no final adjustment for overheadcosts will be made. 011389 D3$ NUGHE5.19 -19- CG:mro (f} DUST CGNTR4L. It shall be the Contractor's responsibility to pre- vent a dust nuisance from originating from the site of the work as a result of his operations during the effective period of this contract. Preventative meal- uses to be taken by the Contractor shall include but shall not be limited to the following: 1. Water s-hall be applied to all unpa~~ed areas as required to prevent the surface from becoming dry enough to permit dust formation. 2. Paved surfaces over which vehicular traffic is permitted to travel shall be kept free of dirt. ?'emporary suspension of the work, either as a .result of order by the .Engineer, or as a result of conditions beyond the control of the Contractor sha11 not relieve the Contractor from his responsibility for dust control as set forth herein.. Full compensation for conforming to the. requirements of this article shall be considered as included in the prices paid for the. various contract items of work and no additional compensation will be allowed therefor. (g) WATERING. Furnishing and applying water shall conform to the pro- visions of section 17 of the Standard Specifications, except that full compensa- tion therefor shall be considered as included in the prices paid far the various. contract items and no .separate payment will be made therefor. (h~ L~Bc?R ~I,ASSIFICATIGN. Na contractor employee shall be allowed t~ ` perform work outside his or her ..prevailing ~~age trade classification as defined ` by the California Department of Industrial Relations.. SECTlt?N 14. SPECIAL PR4vISICNS EXISTING HIGHWAY FACILITIES. The work performed in connection r~ith various existing facilities shall conform to the provisions in Section I5, "Existing Kigh~~ay Fac.lities," of the Standard. Specifications and these special provisions. Existing highway signs and street markers shall remain the property of the City of Bakersfield. Such signs and street markers shall be relocated and maintained during construction so as to convey the same intent that existed prior to construction. Existing City highway signs and street markers shall be placed in their .permanent positiGn by the Contractor's forces prior to completion of co:~~struction. Suns removed from the project area shall be delivered to the City Corporation Yard at 4111 Truxtun Avenue. Full compensation far conforming 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. . 011389 n38 HUG~ES.2C -?.t~- GG:mro SECTION I5. SPECIAL PRt~~1ISI0NS -TRAFFIC SIGNALS AND STREET LIGHTING (a) DESCRIPTIQN. Furnishing, installing and modifying traffic sig- nals and highiJay lighting and payment therefor sha11 conform to the pro~risions in Section 86, "Signals and Lighting", of the Standard Specifications and these special pro~~is ions . Traffic signal work is to be performed at the following locations: INTERSECTION OF HUGHES LANE AT PLANZ ROAD {b) REMOVING AND REPLACING IMPROVEMENTS. Removing and replacing improvements shall conform to the provisions 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 Sb-2.03, "Foundations," of the Standard Specifications and these special provisions... The Contractor shall furnish the anchor bolts,-nuts and washers to be used for new foundations and shall furnish the appropriate nuts and washers for o existing foundations to be reused. Port~.and ~^er~ent concrete shall conform to Section 90-10, "Minor Y Concrete," of the Standard Specifications and shall contain not less-than 470 pounds of cement per cub is yard, except for pile foundations shall contain not less than 5b4 pounds of cement per cubic vard. (d} CONDUIT. Conduit shall conform to the. provisions in Section 86-2.05, "Conduit," of the Standard Specificat-ions and these special provisions. Insulated bonding bushings will 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 circumstances. (e) PULL BOXES, Pull boxes sha11 conform to the provisions in Section 8b-Z.06, "Pull Boxes,'' of the Standard Specifications and these special.. provisions. Recesses for suspension of ballasts will not be required. (f) CONDUCTORS AND. WIRING. Conductors and wiring shall conform to the urovisions in Section 86-2.08, "Conductors," and Section 86-2.49, "Wiring,'' of the Standard Specifications. and these special provisions. OII389 D38 HUGHES. ZI -2I- GG:mro CONDUCTORS- -The Contractor shall .use multi-conductor electrical. cables (Type IMSA I4-1) for all circuits except between the service switch and controller cabinet. Only multi-conductor cable conforming to the following shall be used: 5 Conductor cable consisting of 5 No. I4 conductors colored 1 each red, yellow, brown, white and black. 4 Conductor cable consisting of I No. 12 conductor colored white and ~8 No. I4 conductors colored I each red, yellow, brown, black, red./black stripe ye_l.low/black stripe,, brown/black stripe and ~~hite/black stripe.. 28 Conductor cable consisting of I No. I0 conductor colored white and 27 No. I4 conductors colored as indicated in the following conductor table for a single ring operation. CONDUCTOR TABLE Insulation Colors Signal Phase Circuit or Function Base Stripe Z & b Red,. Yellow,, .Brown Black Vehicle 4 & $ Red,. Yellow, Brown Orange Signals I & S Red, Yellow, Brown Silver 3 & 7 Red, Yello~a, Brown Purple 2p & 6p Red,. Brown 2 Black Pedestrian 4p & 8n Red, Brown ~ 2 Orange Signals Ip & Sp Red, Brown 2 Silver 3~_& 7p Red, Brown 2 Pur le ~2p & -gyp `Blue Black. Pedestrian 4n & 8p Blue Orange Push Buttons 1p & 5p Blue Silver 3p & 7p Blue. Purple Pedestrian Push. Buttons White Black Common Signal White None Railroad Pre-emption ~ Black_~_'__~ Red Spare Black None The cable sheath shall be polyethylene anu the conductor insulation shall be Type THWN polyvinyl chloride. Subparagraphs I, 2, 4 and 5 of the first paragraph of Section 8b-2.09D, "`Splicing," of the Standard Specificatton~s are deleted. Conductors shall be spliced by the use of "C" shaped compression connectors as shown on Standard Plan FS I3. ~II389 D38 HUGHFS.22 -22- GG:mro Splices shall be insulated by "Method B." (g) BANDING AND GROUNDING. Bonding and grounding shall conform to the provisions in section $6-2.10 "Bonding and Grounding," of the Standard Specifications and these special. provisions, (h) SERVICE.. Service shall conform to the provisions in Section 86-2.11, ''service," of the Standard Specifications and these special provisions, The Engineer will arrange with the serving utility to complete service connections to service points shown on the plans and will pay all required costs and fees required by the utilit3~. (i) TESTING. Testing shall conform to the provisions in Section 86-Z.14, "Testing," of the Standard Specifications and these special provisions. The signal shall nat be placed in flashing mode, with signal faces uncovered, prior to the Functional Test. (i) SIGNAL FACES AND SIGNAL HEADS. Signal faces, signal heads and auxiliary eQUipment, as shown on th'e plans, and the"installation thereof, shall conform to the provisions in Section 86-4.01, "Vehicle Signal Faces," 86-4.02, "Directional Louvers," 86-4.03, "Backplates" and 86-4.06, "Signal Mounting Assemblies," of the Standard Specifications and these special provisions. Housing, visors, directional louvers and backplates shall not be structural plastic. ,a A11 lamps for traffic signal units shall be furnished by the Contractor. Allsgnal faces shall be provided with l2-inch sections. (k) PEDESTRIAN SIGNALS. Pedestrian signals shall conform to the provisions in Section 86-4.05, "Pedestrian Signal Faces," of the Standard Specifications and these special provisions. Pedestrian signals shall be Type C, and shall have energy efficient heads equi~~alent to Indicator Controls Corporation Model 4094. (l) LUMINAIRES. Luminaires sh-all conform to the provisions in Section 86-6.01.,,."Heigh Intensity-Discharge Luminaires," of the Standard Specifications and these special provisions. Luminaires shall be furnished urith ?.00-wait high pressure sodium lamgs and integral ballasts. (m) PHOTOELECTRIC CONTROLS. Photoelectric controls shall conform t the pro~,~isions in Section 86-6.07, "Photoelectric Controls", of the Standard. Specifications and these special pro~~isi©ns. Each lum~inaire shall be provided with a Type IV photoelectrical control. (n) CONTROLLERS, CABINETS AND AUXILIARY EQUIPMENT. The City will furnish the controller and cabinet assembly for each location. " 011389 ~ D3$ HUGHE5.23 23- GG;mro (o) DETECTORS, Detectors shall conform to the provisions in Section 86-5, "Detectors," t~f the Standard Specz.ficatons and these special provisions, Location and layout of detector loops shall be as directed by the Engineer. INSTALLATION DETAILS: Installation and tests shall conform to the details and notes shown on the plans. Slots cut in the pavement shall be blown out and dried before installing inductive loop detectors. After conductors are installed in slots cut in the pavement, the slots shall be filled with epoxy sealant conforming to the requirements in Section 95-2.09, "Epoxy Sealant for Inductive Loops," to cai.thin 1/8 inch of the pavement surface. The sealant shall be at least 1/2 inch thick above the top conductor in the .saw cut. Before setting, surplus sealant shall be removed from the adjacent road surfaces without the use of solvents. In lieu of-the epoxy .sealant specified above, slots may be filled with either of the following materials: 1. An elastomeric sealant conforming to the following: The sealant shall be a polyurethane material of a composition that will, within its stated shelf life, cure only in the presence of moisture. Sealant shall be suitable for use in '~oth asphalt concrete and portland cement concrete. The cured sealant shall have the fallowing performance chazacteristics: Q Measuring Standard Prrty and Results And Conditions Hardness" (indentation) - b5-85 ASTM D 224.0 Res. Type A, Model 1100 77 ° 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, pulled at 20 IPM. Flex at - 44° F. - no cracks 25 mil Free Film Bend (180°) over 1/2°' Mandrel.. Weathering Resistance - Slight ASTM D 822 Weatherometer 350 Hrs. Chalking Cured 7 days at 77° F. (25° C.) 50% relative humidity. Sala Spray. Resistance - SOQ psi, ASTM B 117.28 days at I00° F. (38° C,) minimum Tensile; 4001, minimum 5% NaCl, Die C, pulled at 20 IPM.. elongation Dielectric. Constant - Less than ASTM D 150. 25% change over a temperature range of -30° C. to 50° C. OII389 D38 HUGHES.24 -24- GG:mro _ 2. Asphaltic Emulsion Inductive Loop Sealant shall conform to State of California Specification 8040-41A-15 (copy enclosed herein). 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 spl-iced to a cable which shall be run from the pull box adjacent to the loop detector to a sensor unit mounted in the controller cabinet. Splices to the cable shall be made in pull boxes only. All loop conductors for traffic counters shall terminate in a pull box or terminal strip in the traffic count station cabinet when such a cabinet is installed. Conductors for inductive loop traffic signal and. traffic counting installations shall be identified and banded, in pairs, by .lane, in the. pull box adjacent to the loops and near the termination of the conductors in the controller or traffic count station cabinet. Bands shall conform to the provisions in Section 86 --2 . G9 , "Wiring Identification of each conductor pair shall consist of labeling the phase and detector slot number (e.g. - b,32L, 8J8U, 3ISU, etc.) in permanent ink on a tag suitable for such purposes (Stuart Electric Ty Rap, Catalog No. TY5532 or approved equal). a Lf asphalt concrete surfacing is to be placed, the loop detector conductors shall be installed prior to placing the .uppermost Layer of asphalt .concrete. The conductors shall be installed, as shown on the plans, in the compacted .layer of aspha~.t concrete immediately below the uppermost layer. Installation de*_als shall be as shown on the plans, except the epoxy sealant shall fill the slot flush to the surface. Detector loops in concrete pads shall be sealed caith epoxy sealant, Lead cables shall be Typeflead-ins and shall conform to the provisions ~ in Section $~-S.C~lA(4), "Construction Materials," of the Standard specifications and these special provisions. (p) PAYMENT. Payment fc~r s~.gnals and lighting shall conform to the provisions in Section 86--8, "Payment", of the Standard Specificatzons and. these special pro~risions. Full compensation for cast-in-drilled hple concrete pile foundations shall be considered as included in the contract lump sum price paid for the item r_eeui.ring foundations and no separate payment will be made therefor. (q) FUNCTION TESTING: All function test shall be according to Section 86~-2,I4 C of Standard Specification an~3 following paragraph: _ "Functional test period is included in the number of working days to complete the project" as described in PROGRESS OF THE WORK AND TIME FOR COMPLETION of this specification. Oi?38~ D38 H~JG~iES.~S -25- GG:mra SECTION Ib, SPECIAL PROVISIONS - SIGNS (a) STREET NAME SIGNS.. Street name signs shall conform to the pr.ovisiOnS in Section 5b-2, "Roadside Signs," of the Standard Specifications and these Special Provisions. Sign panels shall be furnished and installed by the City, Mast-arm hangers shall be furnished and installed by the City. Street Name Signs shall be installed by mast-arm hanger methods such as Hawkins MIO,T Series swinging sign bracket, U,~ith return spring removed, or acceptable eQua1. Miscellaneous Roadside Signs shall conform to City Standard TS-~4, (h) REMOVE SIGNS.. Signs designated to be remo~~ed and salvaged shall be delivered to the City Corporation Yard, Sign Shop, 4101 Truxtun Avenue, Bakersfield, California. PAYMENT. Payment for removal and salvage of designated signs sha11 be considered as part of the contract lump sum payment .for installing traffic .signal system and no separate pa;Tment will be made therefor. SECTION 17, SPECIAL PROVISIONS - GUARANTEE FOR TRAFFIC SIGNAL AND STREET LIGHTING SYSTEMS . (a) GUARANTEE. ?'he Contractor shall furnish a written guarantee 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. ~'he guarantee, properly executed, shall be filed with the City before notice of completion and. final acceptance is made by the City of the work described on the plans and these special provisions. (b) PAYMENT. The lump sum prices paid for installation of traffic signal and street lighting systems shall include full compensation for furnish- ing the guarantee as required. in this section, SECTION 18, SPECIAL PROVISIONS - REMOVE TRAFFIC STRIPES AND PAVEMENT MARKINGS (a) REMOVE TRAFFIC STRIPES AND PAVEMENT MARKINGS, Traffic stripes and pavement markings to b~e removed will be as shown on plans and as designated by the.Engineer. Traffic stripes and pavement markings shall be remotred to the fullest extent possible from the pavement by any method that does not, materially damage the surface or texture of the pavement or surfacing. Where blast cleaning is used zor the removal of painted traffic stripes and pavement markings, the area shal]. be shielded so that no material from the blasting operation is allocti~ed to enter the area that is open to public traffic, Sand or other material deposited on the pavement as a result of remo~.Ting traffic stripes and markings shall be - removed as the T~ork progresses. Accumulations of sand or other material which might interfere with drainage or might constitute a hazard to traffic will not be permitted. X11389 D38 Hj1GI~ES.26 -2b- GG:mro Traffic stripes shall be removed before any change is made. in the traffic pattern. Blast cleaning for removal of traffic stripes shall be feathered out to irregular and .varying widths. Pavement markings shall be removed by blast cleaning a rectangular area, rather than lust lettering or markings, so the old message cannot be identified. After removal of traffic stripes and pavement markings, a fog seal coat shall be applied. in conformance with the provisions in Section 37, "Bituminous Seals," of the Standard Specifications and the following: In traffic stripe removal areas, the fog seal coat shall be applied over the traffic stripe removal area and to irregular and varying widths with an average width of 2 feet on each side of the blast cleaned traffic stripe removal area. In pavement marking removal areas, the fog seal coat shall be applied to the blast cleaned rectangular area.. Full compensation for furnishing and applying fog~seal coat as speci- fled herein shall be considered a~ included in the contract price paid per square foot for removal of traffic stripe and pavement marking and no separate payment will be made therefor. Nothing in these special provisions shall relieve the Contr-actor .from. his responsibilities as provided in Section 7-1.09, "Public .Safety," of the Standard SDecifications. E fib) ORDER of wORK. Grder of work shall conform to the provisions in Section 5-1,05, "order of work," of the-Standard Specifications and these spe- cial provisions. Pavement delineation shall be replaced by temporary delineation before opening the trove-led way to public traffic. Temporary delineation shall .consist of reflective traffic line tape applied in pieces not less than 4 inches long nor Less than 4 inches wide spaced no more than l0 feet apart on curve nor more than 2a feet apart on tangents. Reflective traffic line tape shall be applied in accordance with the manufacturer's instructions. Temporary delineation shall be the same color as the permanent delineation. Full compensation for temporary delineation shall be considered as included in the prices paid for the contract items of work that obliterated the existing delineation and no separate payment will be made therefor. Pavement delineation remo~ral shall. be coordinated with temporary Jelin- eation so that lane lines are provided at all times on traveled ways open to public traffic. I~ASUREMENT AND PAYMENT. Quantities of traffic stripe removed will be determined by the width of the stripe plus 0.67-foot multiplied by the length of. the stripe. The space between double traffic stripes will be measured as painted traffic stripe. Quantities of pavement mar'~cings removed will be deter- mined by the actual size of the rectangle measured in square feet. 011389 I?.3 8 HUGPF S . ? 7 7 _ GG : mro Removing of traffic stripes will be paid for at the contract unit price .per square foot for the actual area of authorized stripe removal. The contract unit price per square foot shall include full com ensation P for furnishing all labor, materials, tools, equipment, signs and for doing all work necessary for removing existing striping as shown on plan and as directed by the Engineer. SECTION I9. SPECIAL PR:OV~SIONS -FENCE 1~ELOCATION (a) FENCE RELOCATION. Fence shall be relocated as shown on the Tans P and shall conform to the provisions of Section 84, "Fences", of the Standard Specifications ar~d these special provisions , Concrete pad shall be installed as shown on plans and shall conform to City of Bakersfield Standard S~-3. (b) PAYMENT. Full compensation for fence relocation and concrete pad shall be considered as included in the contract lump sum price paid for relocating fence. L +rrww w.rw.~+~.~ - ww+~~wwwwww w w w w w w.~ .r w.~ +wti~r .~.~www:.w 011389 D3S HI7GHES.2~3 -23- GG:mro 7ocv~sh~,v , Sep fior~ ~ Rai /road or Prooert y Line j .1.... l epee ft'lghf of 1~/ay line 4v'al / _ Pro~eCf Centerline r Cul Vert _ _ _ _ _ E'xlsf~~q 9 Pd verr~cnf ~ Hed e X.._...~.X ,~._.....,...x f ence ~ ~a~`e , ~ Decdduot~s Tr~c Guard /~'ai l ~'vcr rCer~ Tre e ~ ~ Morn umenf Future Wdter Lime • Ser~~ee Po/e G - - C~5 Line Po suer ~bie 0 • Qi'/ L ❑ 1Il1, Ih~. Wd ter ~1eter B T---- - - - ~ 8ur~ed Te% hone Cable p ~ W. V. 1~/~ter 1/~/ve B p..._.... _ ,Burred ,~'©wer Cah1e ~C} F H. dire f~ car ~f ~ a 5--.- Sewer Lime ~ ®G. M, as titer ~ ~I ° ° Aerial Wire l9 G. ~l. ~~5 V~/ye ~ Acri a I Cab/e 0 M. H. ~I~n~io% ~~Xis tip ~ 9 - - - - ~ ~PoUe ~4r~ehor ~ M.H. ~ahho% ~i~u~vre ~ Ufi/i t ~'©/e T Ie hane F' e p o1e . IYIo~Urnenf ~~xis r~r' ~ . ~I ~ ~ tree t L iqh t RECOR'D'ED 1 iia...~ ~ ~ ~ I ~ ~ ~ ~"1 ~ ~ S ~ 1 ~ ~ ~ DATE J,(~/ a~~ p I N BOOK_.____...,._AT PAGE ~ t ®e , ~ ~ / ~Q OFFICIAL RECORDS OF j I~jl+ DRAIAON ~ G. ` KERN COUNTY, CALIFORNIA ENGINEERl~JG DEP~RTME~VT • - .Weakened ,,Expansion Joint Pone oint ~•Gut ter, • , , • . ~ Curb • ~ ; ' • • . • . ~ ' ~ ~ : • • ► ~'NERAL NOTES • • . ~ ~ ° o All work shall conform fo fhe" applicable sections - ' • ' • , 15° (Moil ~ of the speci/icotions entitled Standard Specifi• . , • cations State of Colifornio peportment of Trans, • - . , • ' between Joints ~ ~ portotion" and the f0llawin ecipl ~ roviSi • ~ 9 sp p ans. ~ ~ • . Subgrode preparation shall be cansfiucted true .c Stre t Ri ht- f•Wa in to grade and cross section, ,with compaction of • ~ ~ 9DX to a depth of 0.50 feet. • stondord Curb Return radius •h ~ ~ • ~ shall be 20 feet unless C n " " e ~ . , . ~ •Q otherwise .directed by the o Crete shall be Class B (5 socks and shu!l ~ . hove o slump between 2•I~'2" and 5•I/2". The Q ~ . ' ° 4 ~ Cit fn sneer. W ~ , • ~ ~ y g surface shall be finished to grade and cross • ~ section with o .float, trowe%d smooth, Qnd ~ • ~ ~ ~ frmshed with o broom. oo ~ ; • • • SQL Concrete shall be cared with o white•pigmented • COII~l~1NATLOH TYKE curing compound complying to Section 90.70/8. • ~ • • of the Standard Specifications. Weakened plane joints shall be installed of ~ • foot intervals and expansion joints of 60 foot . ~ Vor. intervals. Exponsr'an joints shall be locot~d of ~ each side of o structure and at the ends of curb returns. Expansion joint filler material shall consist of ~4= 6" minimum in R- I and R-2 tones; 5=6".minimum in all other xanes and preformed strips of a durable, resilient compound. on major city streets; curd to wall Sidewalks shop tie scored to a minimum depth of where wall rs constructed.. I/8" unless otherwise directed by the City Engineer, t ~ 'Ex ansion .J int ~ New sidewalk construction in blocks with existing .Gutter.., sidewalk shop conform in dimension and location to those. in place. Curb•' . . ~ ~ Existing s~dewa/k shalt be sawcut and removed • ; ~ . ~ , l5' ~Max•J Weakened ~ ~ of the first scoring line at or beyond .the between ,saints Plane i planned joint . ~ Joint • ' ~ . , ' . • , • ~ A permit for sidewalk construction and recon• . . , ' . ~ ' . ; • ~ . • ~ ' ~ ► • struction shall be a6tained from, the Department • Expansion,; ' , " ~ j • • • • ► irk of Public Works and sho!l accompany actual work • ~ . • • • Joint. ~ ; ; • ► • . • • ~ • . ' ~ ' ~ ' ' • ' ' ~ • ~ • Any variance in finish, color, or material from ~ stondord will re wire o s eciol • ~ Q p permit from •c . Street Righ •af--Way Line ~ the City Council. , ~ ~ . c ~ ~o ' ~ stondord Curb Return radius Deviations from the combination Type sidewo/k,such ~ ~ ; ~ z • • ► shop be ZD feet unless os stondord or meonde~ing type,moy be permitted by o c~ ~ c ' ' : otherwise directed ,6j- the the appropriate design provisions of Chapter /6.32 • a + ~ ; ~ • ' " City Engineer. of the Munr'cipa/ Code. • ~ • • .c ~ • . • c Combination Type Vor. ~ • ~ • ST~~~a~D TAPE 5l min. 5' J~ h• ~ ~ o c 6" Standard Type • ~ ~ SIDEW~►LK ~ / ~ ~ S/o a I/4 inch er foot Vag, 51 1` ~ s~r.'j,.y'f'.: •`,.,,,,~a, ~s •a-ac:~.r~.Q ~;._o;,:Y~;,.L~"';+s~~ w a Vor. ~ 4 ~ ' TYPICAL SECTION • • .Builder for new, remade/ed~ or expanded buildings os set forth in Chapter /2.40, Section !2.40.010 of ~ ~ the Bakersfield Municipo! Code shall provide SlAN~QR~ Oct22,J981 concrete- curbs, gutters and sidewalks according Oceober 28 „BI ~ c,AI K. McDuff to this stondord drawing. S ~ o E ~V Such curbs, gutters and sidewalks shop be in exis~ fence or have their construction. guaranteed by ~ C~~YIB/NAl/DlV 7•Y~~` A•~• ~°ore cash, certified check- or corporate surety bond ~ c""" ~rA~QjQRL/ rr/~"E ~~None approved by the City Attorney as o condition to final approval a,7d acceptance by fhe Ch,~~f ~ CITY OF EAKERS~~E1.D Bu~ld~ng Inspector for occupancy to the building or property. ~ C~LIF'ORNIA ~ _ 3 cm~ a ENGINEERING DEPARTMENT ~A ~ . ~ ~ ~ STATE OF CAI. I F ORN I A u ~ ~ . o Spec~f ~cat~on So40-41A-15 f C'~t~~pw~+`r Asphaltic Emulsion Inductive Loop Sealant 1.0 SCOPE This specification covers a one component, pourable sand fi]]ed, asphaltic emulsion for use in sealing inductive wire loops and leads imbedded in asphalt and Portland cement concrete. This sealant is suitable-for use in freeze-thaw environments. Z.0 APPLICA6LE SPECIFICATioNS The ~ fol lowing specifications, test methods and standards in effect on the opening date of the Invitation to Bid form a part of this specification where referenced American Society for Testing and Materials D2939, 025Z3.~ California Test Method No. ~3~ California Department of Transportation Standard Specifications I981 State of California Specification 8o10-XXX-99 Inspection,. Testing and other Requirements for Protective Coatings Code of Federal Regulations, Uazardous Materials and Regulations Board, Ref . 49CFR . 3.0 REQUIREMENTS 3.l Composition The cflmposition of the hoop sealant shall be a sand fi 1 Yed, pourab 1 e, water emu 1 s i f i ed bitumen. I t will be the manufacturers responsibility to produce acne-component product to meet the properties specified herein. 3,Z Characteristics of the Sealant 3.Z.1 Residue by evaporation, weight percent 10 Minimum Use ASTM DZ939 3.2,Z Ash content, weight percent ~0 to 65 Use aSTM D2939 • r ~ ~ Asphaltic Emulsion Inductive Loop Sealant 8040-4IA-15 r~-•--, 3..2.3Firm set time, hours, ~ 4 maximum ~ test at onehour intervais,use ASTM D2939 3.2.4Brookfield viscosity, Poise 50 toi25 RVT Sp i ndl e~ #3, 10 RPM at 75 +2oF . r. 3.3 Properties of the Dried Film 3.3.1 ~ Fiexibility, No full depth Use ASTM 02'939, except air dry specimens to constant weig:ht cracks . at 75 +SoF and-50 +i0~ relative humidity. Condition mandrei andspeciments 2 hours at 15 +.2oF. before test.. Use aluminum ~lpaneis, 0.03 inches thick (Q panel or equai~. 3.3.2 lensiie Strength, psi, 20 minimum cast sheets O.Z5 inches. thick and air dry at 15 +SoF, 50 +i4~ reiative humidity for minimum of i6 hours. Load rate O.oS inches/minute.,. use ASTM 02523. 3.3..3 Eiongation, ~ ~ 2.0 minimum same conditions as 3.3.2 use ASTM 02523 3.3..4 Siant-shear strength to concrete., psi, i50 minimum, Use California Test Method No. -4.34,.. Part vI I I , Space damp with no i oss j' Mocks with d.25 inches between. slant faces, seai side of adhesion to and bottom with .tape and fill with the well stirred concrete. _ sample, strike off the-excess. Ory in 140~F oven.to constant weight and cond i t i on i day . at 75 ZoF before testing. i.oad rate to be 5000.1bs/minute. 3.3.5 Resistance to water No blistering, Use ASTM: D2939, Alternative B re-emus sif ication or loss of adhesion 3.4 Workmanship 3.4.i The sealant shall be properly dispersed and any se fling shall be easi y redi spersed wi thminirnum resi stance to the sidewise manual mot 0n of a paddl a across the bottom of the container. I t shat i form a smooth uniform product of the proper consistency. If the material cannot be easily redispersed due to excessive settlement. as descri-bed a-bone or due toany other cause, the seaiantshail be considered unfit for use. w / • Asphaltic Emulsion Inductive loop Sealant 8040-41A-15 3.4.2 The sealant sha11 retain all specified ro erties under normal p P storage conditions for 12 months after acceptance and delivery. The vendor sha11 be responsible fior all costs and transportation char es 9 incurred in replacing material that is unfit for use. The properties of any replacement material, as specified in Paragraph 3.0, sha11 remain satisfactory for 12 months from date of acceptance and delivery. 3.4..3 The sealant sha11 comply with all air pollution control rules and regulations within the State of California in effect at the time the sealant is manufactured. 4.0 QUALITY ASSURANCE PROUISIGNS 4.1 Inspection This material shall be inspected and tested in accordance with State of California Specification 8010-XXX-99, or as otherwise deemed necessary.. 4.2 Samp l ~i ng and Testing . Unless otherwise permitted by the Engineer, the material shall be a sampled at the place. of manufacture and application will not be permitted until the material has beenapproved b the En ineer. . y 9 5.0 PREPARATION POR DELIVERY.. 5.1 Packaging The sealant shall be prepared in a one packs a sYStem ready for appl~cat~on. The material shall be furnished ~n container size as specified in the purchase order or contract. If ordered in 5 a11on 9 size the containers shall be new, round, standard full open -head with bails, shall be nonreactive with the contents, and shall .have compatible gaskets. The containers shall com 1 with the U.S. py Department of Transportatron or the Interstate Commerce Commission regulations, as applicable. 5.2 Marking All containers of material shall be labeled showin State ifi g spec cation .number, manufacturers name, date of manufacture and manuf acturers batch number. The manufacturer shall be responsible for pro er shi in labels as P pp g .out lined in Code of Federal Regulations, Hazardous Materials and Regulations Board,. Reference 49CFR. -3_ asphaltic Emulsion Inductive Loop Sealant 8040-41A-15 6.0 NOTES 6.i Oirentions for Use Saw cuts shaii be blown clean with compressed air to remove excess water and debris. The sealant must be thoroughly stirred before use and hand poured into the slots. Due to the sand content of this material, pumping is nat recommended. Any clean up of road surf ace or taois can be done with water, before the sealant sets. ~.2 Patents Thee Contractor shat i assume al 1 casts arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the work, and agreeslto idemnify and save harmless the State of California, and its duly authorized representatives from ail suits at law or action of every nature for, or on account of, the use of -any patented materi ai s, equipment, devices or processes. b.3 Certificate of Compliance The manufacturer shall f urn sh a Cent i f i date of Com l i ance with each • p batch.. of sealant, ~n accordance w'th the prov~s~on of Section fi~1.01 of California Oepartmen~ of Transportation Standard S ecificatians P January 1981, t . _4_ PRO~~"AL FOE TRAFFIC`SIGMAL .SYSTEM ON HU~BES LANE AT PLANZ ROAD T4 the City Clerk of the City of Bakersfield: . The undersigned, as bidder, decfares..: that the.. only. persons or parties interested in this proposal as principals are those named.. herein; that this pra~ . posa is fade withou collusion with any other person,. firm ar carpora~ion; that he has careful l~ examined the.- :location of the prc~pased work.,.,. "the annexed pro-- posed form oaf contract and the plans therein referred to; and he proposes: aid agrees if this proposal .is accepted, that he wilf contract with the City: of Bakersfield, in the prescribed fort of contrae~ hereto annexed to pro~ride a~,f necessary mac~ine~ry, foal f~apparatus and other means of construction: and to do. _ aI1 the.work and furnish all the materials in accordance with the plans and spe- . c~icat~.o s for theabove, filed in the office o~ the ~'inanee I~%rector 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:.:Engneen as therein.: set forth, and that he will take in full payment..therefor the :unit; paces ar lump sums set forth in the folfowir~~ schedule. In case of a discrepancy between words and figures, the words sha11 . prewa ;and in case of discrepancies between unit prices and totals, the unit priced shall prevail n The undersigned further agrees that in case of default in executing the requ~.red contrast, with necessary bonds, within ten {l4) days, not including Sunday, of er having rece~.ved notice that the contract is ready for signature.,. the proceeds of the check or bid bond accompanying his bid shall became the pro- Perty of the Oty of Bakersfield. Bidder acknowledge receipt of the following addendum:: ITEM APPRC~~. ITEM WI~'H LUMP SUM PRICE U~tf T 1!tO. QUANTITY WRLTTEN IN WORDS P~IC~ TOTAL 1. Lump Sum Lump Sum, Signals and Lighting, at Per Trump Sum 2, 2,22Q Square Peet, Remove Striping and Pavement Markings, at _ ~ . _ _ ~ _ _ _ , _ ~ _~_P e r s q . f t _ . _ _ SIGNED _.__~_____-~idder Q113.89 u:rnra HUU~~.Ly rage i or PRCPQSAL ~'OR: xRAFFIC STGNAL SYSTEM 4N HUGHES LANE AT PLAIVZ ROAD ITEM APPRO. ITEM WTTR LUMP St,~M P RICE UNIT ND. QUANTITY W~iLTTEN IN WARDS PRICE TOTAL ~.Lu~p Sum Lump..Sun~ Relocate F ence, at Per Lump Sum BASE BID. TOTAL: SIGNED Bidder t Oll~S9 U38 HTIG~ES.3~ Pa~~ 2 of Z GG : mro a PR4P0SAL ~'4R TRAFFIC SIGNAL SYSTEM oN HUGHES LANE AT PLANZ ROAD To the City Clerk of the pity of Bakersfield: The undersigned, as bidder, declares that the only persons or artier: P nteres*ed in this proposal as. principals are those named herein that this pro- posal is made without collusion with any other pegson, f~.rm ~x corporation, that he has carefully examned`the location of the proposed work, the annexed ro~- P posed form of contract and the. plans therein refarred to; and he proposes and agrees if this proposal is accepted, that he will contract with he Cit of y. Bakersfield, in the: prescribed farm of contract hereto annexed, tQ prQVde all necessary ma~ch~n:ery, tools, apparatus and other means of construction and to do a l the work and furnish alb. the materials in accordance with the Plans. and s e- p cfi~atians for; the above- f~Ied in theoffi~e of the Finance Director of the: City of Bakersfield and as specified in the oontract, in-the manner and time: therein prescribed, and according to the. requirements of the_En neer as therein: set forth, and hat he will take in full payment therefor the<unt price or lump sum se forth in tlae following schedule: Ln case of a discrepancy between wards and figures., the wards shall prevail; and. in. case of discrepancies between unit prices and totals, the unit. prices shall; prevail. ;_Thee undersigned-further agrees that in case of default in executin g , the required con root,' with necessary bonds, within ten (1.0} days, not ~.ncludln g Sunday, after haunt received notice that the contract is ready for signature, the proceeds of the cheek or bd_bond accompanying his,. bid shall become the pro- ~erty Qf they City of Bakersfield. Bidder acknowledges receipt of the following addendum: _ ITEM A~FR4X. ITEM KITH LUMP SUM PRICE UNLT` NQ. QUANTITY WRITTEN IN WORDS PRICE TOTAL 1. Lump. Sum Lump Sum, Signals and Lighting, at w_._..__ Fer Lump, Sum 2. 2,220 Square Feet, Remove Striping and Pavement Markings., at r } err Fer sq.ft. STONED Bidder jT~ Q j,~TT/1i~~n~ n y r 0113$9 U~V r!111~(?~„ls ~7 FaO'R] i /1 T" 7 ~f't•rt~rn a. ry v i v i S. %J%.7 . LLL L V PROPOSAL FOR.. TRAFPIG SI~~1AL SYSTEM ON HUGHES LANE AT PLANZ ROAD LTE~t APPRO~: ITEM WITH SUMP SUM PRICE UNIT NO. QUANTITY WRITTEN ~N WORDS PRIDE TOTAL 3. Lump Sum Lump Sum,...Relacate Fence, at Per Lum Sum BASE. BID TOTAL: $ SIGNED $~.dder Oll~8g D38 HUGHES,~Q Page ~ of 2 GG:mro ~1~~~R' B~NI~ T~ /~~C~~PA~Y PR~JPCJSA~. (Not necessary if cash nr certified check is with bid) KNOUT ALL MEN BY 'THESE PRESENTS: That we i as principal4 and as surety, are held and firmly bound unto t~e City o~ Iial~ers~ield, a .body .politic and corporate o~ the State o~ California, i~ the sum of ~ dollars to be paid to said City, for whit~ch payment, well and truly to be made; we { bind ourge wes, our hers, executors and administrators, successors or assigns, jointly and severally by these preser►~s~ THE CC~NDITjC}N O~F T~iIS flBLI~ATIt~N TS SUCH s That i~ tie certain prop. osal, hereunto annexed o to coa~struct cert~.in work and inlpro~rernents in the ~ity. ~ of Bal:ersficld as referred to in the Notice to Contractors attached .hereto, is accepted by tke ~°ouncil of said. City and if the above bounden principal, heirs, executoxs;~ administrators, auc~ . . censors and assigns, shall duly enter into and execute a contract, to constr~et said improvements a{orementioned, and shall oxecute and deliver the two bonds required by law, .within ten days knot including Sunday} from► the date of ~ notice to the above bounden principal,.that said contract is r~cady for execution, then this obl%gation shall become null and void, QtherNse it shall be and rennaxn in fuu force and effect. IhI WITNESS VVI~EREDE, we have hereunto sot our hands and saals this „_,,,~,,,day of , A,D, I9 Seal) (Seal} (Seal ~ (Seal) (Seal} . i~,; s' • • u.. ,:r. ~ ~ =a;`? *r i+;~:r . S`~~pr Q ••.•j~•+! r p r o. p o S a~ ••rerrrrr~.....rrr••eerr►rr►rrre♦ve•••..Ir•••.•r.rrrerrrrrrrrerererrwrrwr• i~~y~5~t i,~y !t•+.5h f ~(~'~'IC;I; f t,.~~t•c tftr ~~•oc•cl:c "t•~t3;1 t`Cas~icr'b checS:," tic erti- "'~N fief checi;,'' oj• "~it,l{ler's b~t~ci4i,» 1s the ca~c mati• ..~~~,,y~.. ~e}, iB a~aun~ dual to at fieagt t~~s~ I~~~rt~t+~nt of tlic total of tl~e vi~1e .w.,~~~ . Tl,t,~ na~i~,t:s o~ alI ~er~oitti ilitcrrste~l ire th I e forebuty~ j~copo~ai as pnn• ci~uls ai~e as follo~ra: , ~ ~:~'I 0 l If bidder o►° other Interested ers • . ~ C~~C~ p on is a cor- pore tlon, state Ie~al name of corporation, also names of the president, secretary, treasurer, and mane er there r• ' co ar°~n°rs~c . . ~l ► ~ a p p, state true name of firm, also narrtes of aij sndYVtdual cone . 'yt Hers composing firm; tf b►dder or other interest rt ed persoc3 is an individual, y;,`.~ . ~ state first and last names in full. r•rre•rrrr•r•cr••ee•••e•♦•rrrrree•eer•rrrr.re•r•eer•e•r♦•••rerrr♦rrr.°.♦.•c1Y~•crrc•Y•e•r•,•Ireee..r.I.l/rwrr♦♦.•re•re♦♦rrr•••rrrrr• vl 4+ ~ .::3 •••e r••..•..• ••••..••••.•.••••rr••••r••••o••e••r•.•~••.•...•••r•.•.+•••••••••••••.••er rvr••rr•rrrr•rerer•re••e~rrr •r•rre••rrerr ••rrrr••r•rr. r•e•r ••••••rrr••••... •••••.•r•r•rrr•..rr•ae.••••r•••.•••r••••. •••rr•rrr••reree•rre•r••rr.r••••eerrrerrr•sr•s••rrr•er ti . . •er••errrr••••••r•••.•r•••••••r••rerrrr••••rrr••••••rrr••••rr•.•r•rr•••w.r••••r•r•••.er rereere re•••••re•vor •e•rrrr•err••rr•••rereee Licensed. in accordance with an act ravidin • r, P ~ for the re~lstratlon of Contractor' r ' S IC~.~t..e i`~o............ . ` •r•.•..•.. ..•.•1••err••••r• ••r'. r. •rr•rler•r..•IrlrrrrY •♦r/e •.e•••. •rr. rerrrr ` SIG~t . •ew.rrr•r.r.................. •e er• HERE, ..........................,...............r....:.............r:........r.e.........•............ , Signature of Bidder MCTE-t! Didder is d eorForattoa• tDe i...~af oeras of the cotparatloa sAati. b~ rte' lortlt a.D~o•e to*tetber ~►itD tD~ itgnetutr of the ottleer ar attlccrr outhorised to rt;tl coottocti oo asoait et tb• rorparat~oo: budder `lo o copartoerihlp, the true narn~ at the ttrm syatl De ref forth ctpQ.,, togett+er atsh the rtgcctvre of the paata•r of portncts avthorissd to rtgQ Contracts. Io Drhait of tDn Cognrtasrrtrt~, and It blttdst Is ot: Indt•Idual. ills ~tgnature ~ho.li b• placed a!>o.:. tt itgaatur• V DY Qa vgent• ether than an stttesr of o torporattoo or a a~em.Der of a poNo.rrhtp. a power of Altotasr rnu~t be on ilie w9tb tDs Cttr Ci.r1c of tD• C1tY at ~airerrlteld prior to opeolaq Didj of i~atitt~d ++~ttb Ilte-b'~4; otDer~,e, tae bid wU1 D. dLr+gat4►d ar, ttr.qutar nod uaoutharta.d. Business address......... y.' .......•r.•.rr.••rr•.• u•r•. ••er•e••r•... ::z I Place of residence................e..• ................r.......r.....................r.........rru....... . . Da fed .......,..,.r ........................................•...............,19 , LIST QF SUBdONT~ACT4RS TRAFFIC SIGNAL Si~STEM 0~1 I~UGHES LANE: AT PLANZ RdAD A11 Persons or par ies submitting a bid pro osal on the ro'ect . P P ~ shall complete the following form:, setting forth the name .and the Iocaton..of the mill sho ~ P ar office of each sub~contrac.~o~ who will perform work ar labor ar red n er service to the Contx~a~tar in or ~bou~ the construction of the 'work or improvement in excess of one-half of ane ercent of ~ -f P pr~,me Contractor s total bid, or TEST TRC~SAiVD DOLLARS ~$~0,440~, whichever is rester and t g he portion of the;wor~ which will be done b each subeontra • ~ ctor., .This l~.st is to be completed and submitted with said bad proposal. DIVISION OF; NAME. dF SURCdNTRAGTdR ADDRESS` WORK INVOLVED 011389 D3 8 I~~?GHE 5.32 ~d : ~r~ro [This form shall be completed by all Bidders and submitted with the BidJ TRAFFIC SIGNAL SYSTEM ON HUGHES LANE AT PLANZ ROAD NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California } ss: County of ) being first duly sworn, deposes and Name says that he or she is of Title .Company the party making. the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham, bid, and has not- directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall ref rain from bidding; that the bidder has not in any manner, directly or indirectly, .sought by agreement, communication, or conference with anyone to .fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price. or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid." Signature of Bidder Business Address Place of Residence DML:mro D3$ HUG~~ES 1 ~ SP. NCA HOLD HARMLESS AGREEMENT GIT~ OF BAKERSFIELD IT IS. HEREBY AGREED that agrees to indemnify and hold harmless the City of~ Bakersfield, its agents, employees or an Y uther persons against loss or expense including attorneys fees, by reason of the liability imposed by law upon the City, except in cases of the City's sole negligence, for damage because of bodily injury, including death at any time resulting therefrom, sustained by any person or persons, or on account of damage to property arising out of or in consequence of (agreement name). IT IS FURTHER t7NDERSTOOD AND AGREED that the Contractor shall (at the option of the City), defend the City. of Bakersfield with appropriate coupsel and shall further bear all costs and expenses, including the expense of counsel in the defense of any suit arising hereunto. DATED m ~.~r~r~r~~rr~~ei~.~~i~i~ Contxactor's Name Authorized Signature D~iL:mro 1Z1Z58 H HA s~ SAMPLE SAMPLE CONTRACT N0. DESCRIPTION OF WORK. T(? BE PERFORMED - CITY OF BAKERSFIELD THIS AGREEMENT, made and entered into this __r___ day of ~ , 1988, by and between the CITY OF BAKERSFIELD, a municipal corporation, hereinafter called "City," and hereinafter called "Contractor"; WITNESSETH: WHEREAS, City has duly advertised for sealed proposals for within the City of Bakersfield. On the day of 88 the contract was awarded to Contractor upon his properly executed bid; and WHEREAS, one of the conditions of said award required a formal contract to be executed by and between City and Contractor. NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: ARTICLE I Contractor agrees to furnish supplies, equipment, labor and materials for within the City of Bakersfield. ARTICLE II The folloc~ing shall~be deemed to be part of this contract as if fully set forth herein: 1. Information to Bidders 2.. Special Provisions 3. Bid Proposal 4. Bidder's Bond 5. Performance Bond 6. Material and Labor Bond 7. Letters of transmittal, if any 8. AlI provisions required by la~~ to be inserted in this contract whether actually inserted or not. ®1- COT~TRACTI IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, .the day and year -first-above Written. CITY 4F BARERSFIELD By Mayor APPRQVED A5 TO FORM.: By City Attorney COIINTERS I GNED By Finance Director (NAME OF CONTRACTOR). By Contractor . CONTRACT.2 GUARANTEE TRAFFIC SIGNAL EQTJIPMENT CITY ~F BAKERSFIELD Department of Public word{s 15Q1 Truxtun Avenue Bakersfield, California In accordance with the terms of Contract No. for the Project: TRAFFIC SIGNAL SYSTEM oN HUGHES LANE AT PLANZ ROAD, awarded on between the City of Bakersfield (hereinafter referred to as the City)., and the .undersigned, which contract provides for the installation of Ightng~and/or traffic signal system ~ and under cahich 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 s_ys~em as a whole prove defective, due to faulty workmanship, material furnished, or method of installa- tion, or should said system or any part thereof fail to o erate ro erl P P P y, 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 undersi ned a rees to reimburs g g e the City, upon demand, for its expenses incurred in restoring said systems to the condition contemplated in said contract,. includin the cost of an a ui m g y q pent or materials replaced, or, upon demand by the City, to replace ary such equi merit P and repair said systems completely without cost to the Cit so t ' . y, hat they w~.11 operate successfully as originally contemplated. The City shall have the option to make any needed repairs or replace- ments itself or to have .such replacements or repairs done by the undersi ned, g Prior to such replacement or repair work being done by the City, the undersi ned shall have the option to make any needed re airs g p or .replacements.. In the event the- City elects to have said work performed by the undersigned, the undersi ned g. agrees that the repairs shall commence to be made and such materials as are nec- essary shall-commence to be :furnished and installed within Twenty-Four. (24) hours of the date specified in the City's written notification. Contractor shall prosecute with.. due diligence to complete the work c~7ithin ~ reasonable period of time, as specified in the City's written notification, Said system will be deemed defective within the meanie of this uar- g g antee in .the event that they fail to operate as originally intended by the manu- facturers thereof and in accordance ~~~ith the plans and specifications included in said contract. Contractor's Signature ~ . Date _ _ _ _ Firm Address ~ _ . C1I389 X38 HUGHES-31 GG:mro ~y <a .t