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HomeMy WebLinkAbout1995 Special Provisions Project 410041 CITY OF B~RSFIELD CALIFORNIA NOTICE TO CONTRACTORS SPECIAL PROVISIONS, BID PROPOSAL AND CONTRACT FOR MODIFICATION OF ~FIC SIGNAL AND LIGHTING SYSTEM ON CHESTER AVENUE AT 4TH STREET 'r: BID OPENING: anu 11 1995 J TIME 11:00 A.M. PRO CT N0.41004 ; 'n,- ~ ~,.x F; 1 .n ~yf DEPARTMENT OF PUBLIC WORKS , ~ CITY OF BAKERSFIELD r~`.~ ~ ~ ~ , 1 TR ~ ~ ~ ~ 150 UXTUN AVENUE ~ ' BAKERSFIELD CA 93301 . ~ ~ ~ r~ ; . ' Tele hone: 805 326-3724 ! ~r ~~J~~ P M, - . ~ . , 4 ~T 4 QY~. ~ ~ ~~~1P~ , A ~Sawy~~ y 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 Hall, 1501 Truxtun Avenue, Bakersfield, California, Unti111:00 o'clock A.M. on Ja_rX 11_ 1995 to be publicly opened and read immediately thereafter in the City Council Chamber, for the following work: MODIFICATION OF TRAFFIC SIGNAL AND LIGHTING SYSTEM ON CHESTER AVENUE AT 4TH STREET Plans and specifications, and forms of proposal, bonds, and contract, maybe obtained at the office of the Purchasing Officer by posting a refundable deposit of Zero Dollars ($0.00} for each complete set. Refund of deposit will be made provided the plans and specifications are returned to the Purchasing Officer within twenty-one (21) days from date of bid opening and the documents are in reasonable good condition. The City assumes no responsibility for non•receipt of bids due to any delay, including but not limited to carrier delay. It is the bidder's responsibility to meet the deadline stated above. No bid will be considered unless it is made on a proposal form furnished by the Purchasing Officer, which appears herein immediately following the SPECIAL PROVISIONS of the project, and is made in accordance with the provisions set forth under Section 2, "Proposal Requirements and Conditions" of the Standard Specifications. Each bid must be accompanied by a proposal guarantee in accordance with the requirements of article 2-1.07 of the said Section 2 of the Standard Specifications. The City of Bakersfield reserves the right to reject any or all bids. Bids are required on the entire work described herein. Substitution of securities for moneys retained to ensure performance shall be permitted pursuant to the provisions and requirements of Public Contracts Code 22300. Eligible securities include interest bearing demand deposit accounts, standby letters of credit, or any other security agreed to by the Contractor and the City of Bakersfield. The request for substitution of securities to be deposited shall be submitted on the form entitled "Escrow agreement for Security Deposits in Lieu of Retention" included in the back of these special provisions. The Contractor must possess a valid Class A or a Class C-10 Contractor's License at the time this contract is awarded. The work completed shall be done in accordance with the Standard Specifications of the Department of Transportation, Business and Transportation Agency, dated July,1992, insofar as the same may apply. Pursuant to Part 7 of Division 2 of the California. Labor Code (Section 1720 et seq.} the Contractor shall not pay less than the prevailing rate of wages to workers on this project as determined by the Director of California Department of Industrial Relations. The Director's schedule of prevailing rates is on file and open for inspection at the City of Bakersfield, Department of Public works,1501 Truxtun Avenue, Bakersfield, California. 2 GENER~iL DESCRIPTION OF WORK 9 The work to be performed consists, in general, of modifying a Traffic Signal and Lighting System. CITY OF BAKERSFIELD RAUL M. ROJAS Public Works Director 3 CITY OF BAKERSFIELD, CALIFORNIA DEPARTMENT OF PUBLIC WORKS fi SPECIAL PROVISION S SECTION 1-DEFINITI ON S AND TERM S 1-1-.41 GENERAL. This work embraced herein shall be done in accordance with the Standard Specifications entitled "State of California, Department of Transportation, Standard Specifications, July,1992," as referenced herein, insofar as the same may apply, which specifications are hereinafter referred to as the Standard Specifications, and in accordance with the following special provisions. In case of conflict between the Standard Specifications and these special provisions, the special provisions shall take precedence over and be used in lieu of such conf licting portions. 1-1.02 DEFINITIONS AND TERMS. All definitions and terms in Sections 1, "Definitions and Terms," of the Standard Specifications shall apply, except whenever the following terms or pronouns are used, the intent and meaning shall be as follows: City - City of Bakersfield, California. Department of Transportation, CALTRANS -The Engineering Department of the City of Bakersfield. Director -City Engineer. Engineer - .The City Engineer, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. Laboratory -The designated laboratory authorized by the City to test materials and work involved in the contract. Standard Specifications -Standard Specifications of the Department of Transportation, Business, Transportation and Housing Agency, dated July,1992. State -The City of Bakersfield. State Contract Act -Chapter 1, Division 2 of the Public Contract Code. The provisions of this act do not apply to -this contract. Other terms appearing in the Standard Specifications, the general provisions, and the special provisions, shall have the intent and meaning specified in Section 1, Definition of Terms of the Standard Specifications. 4 SECTION 2. PROPOSAL REQUIREMENTS J 2-1.01 GENERAL INFORMATION. The Purchasing Officer of the City of Bakersfield, California, will receive at her office, City Hall, 1501 Truxtun Avenue, in said City, until 11:00 o'clock A.M. on Januar~ll_ sealed proposals for MODIFICATION OF ~ ~ C SIGNAL AND LIGHTING SYSTEM ON CHESTER AVENUE AT 4TH STREET 2-1.02 APPROXIMATE ESTIMATE. The Engineer's estimate of the quantities of work to be done and materials to be furnished are approximate only, being given as a basis for the comparison of bids, and the City of Bakersfield does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that maybe deemed necessary or expedient by the Engineer. 2-1.03 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS, AND SITE OF WORK. The bidder is required to examine carefully the site of work, the proposal, plans and spec' 'cations, and contract forms. It will be assumed that the bidder has investigated, and is satisfied as to the conditions to be encountered, the character, ,quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, the special provisions, and the contract. It is mutually agreed that the submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. 2-1.04 REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES OR IRREGULARITIES. Proposals maybe rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures or irregularities of any kind. Proposals in which the prices obviously are unbalanced maybe rejected. The right is reserved to reject any and all proposals and waive any irregularity. 2-1.05 PROPOSAL FORM. All proposals must be made upon blank forms to be obtained from the Purchasing Officer, the form of which appears herein immediately following these special provisions. All proposals must give the prices proposed and must be signed by the bidder, with his address. If the proposal is made by an individual, his name, telephone number and post office address must be .shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the names of the state under the laws of which the corporation was chartered and the names, titles, and business addresses of the president, secretary and treasurer. 2-1.06 BIDDER'S GUARANTEE. All bids shall be presented under sealed cover and shall be accompanied by a Proposal Guaranty made payable to the City of Bakersfield, for an amount equal to at least ten percent (10%) of the amount of said bid, and no bid shall be considered unless such Proposal Guaranty is enclosed therewith. 2-1.07 REQUIRED LISTING OF PROPOSED, SUBCONTRACTORS. Each proposal shall have listed therein the name and address of each Subcontractor to whom the bidder proposes to subcontract portions of the work in the amount of 1~2 of one percent of his total bid or $10,000, whichever is greater, in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. The bidder's attention is invited to other provisions of said Act related to the imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by S A sheet for listing the Subcontractors, as required herein, is included in the Proposal. Bidders are cautioned that this listing requirement is in addition to the requirement to provide a list of DBE Subcontractors after the opening of the proposals for projects utilizing Federal funds. 2-1.08 OMISSIONS IN SPECIFICATIONS AND DRAWINGS. Any materials or work mentioned in the specifications and not shown on the drawings or shown on the drawings and not mentioned in the specifications shall be of the same effect as if shown or mentioned in both. Omissions from the drawings or the specifications of the materials or details of work which are manifestly or obviously necessary to carry out the intent of the drawings and specifications or which are customarily furnished or performed, shall not relieve the Contractor of his responsibility for 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. 2-1.09 WITHDRAWAL OF PROPOSALS. Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids by request for the withdrawal of the bid filed with the Purchasing Department. The request shall be executed by the bidder or his duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after that time, nor may any bid be withdrawn after the time fixed in the public notice for the opening of bids. Z-1.10 PUBLIC OPENING OF PROPOSALS. Proposals will be opened and read publicly at the time and place indicated in the "Notice to Contractors." Bidders or their authorized agents are invited to be present. 2-1.11 RELIEF OF BIDDERS. Attention is directed to the provisions of Public Contract Code Sections 5100 to 5107, inclusive, concerning relief of bidders and in particular to the requirement therein, that if the bidder claims a mistake was made in his bid, the bidder shall give the Department written notice within 5 days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred. Public Contract Code Section 10285.1 (Chapter 376, Stats,1985) provides as follows: Any state agency may suspend, for a period of up to three years from the date of conviction, any person from bidding upon, or being awarded, a public works or services contract with the agency under this part or from being a subcontractor at any tier upon the contract, if that person, or any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Section 1101, with any public entity, as defined in Section 1100, including for the purposes of this article, the Regents of the University of California or the Trustees of the California State University. A state agency may determine the eligibility of any person to enter into a contract under this article by requiring the person to submit a statement under penalty of perjury declaring that neither the person nor any subcontractor to be engaged by the person has been convicted of any of the offenses referred to in this section within the preceding three years. A form for the statement required by Section 10285.1 is included in the proposal. 6 2-1.12 DISQUALIFICATION OF BIDDERS. More than one proposal'from an individual, firm, partnership, corporation, or combination thereof under the same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which such individual, firm, partnership, corporation or combination thereof is interested. If there is reason for believing that collusion exists among the bidders any or all proposals may be rejected. Proposals in which the prices obviously are unbalanced may be rejected. 7 SECTION 3. AWARD AND EXECUTION OF CONTRACT 3-1.01 GENERAL. The award of the contract, if it be awarded, will be to the lowest responsible ' bidder. The language "responsible" refers to not only the attribute of trustworthiness, but also to the quality, fitness and capacity of low bidder to satisfactorily perform the proposed work. 3-1.02 AWARD OF CONTRACT. The award of the contract, if it be awarded, will be made within forty-five (45} days after the opening of the proposals unless extension is approved by the lowest responsible bidder. 3-1.03 CONTRACT BONDS. The Contractor shall furnish two good and sufficient bonds insured by an admitted surety insurer as set forth in Title XIV, Chapter 2, Article b of the California Code of Civil Procedures. One of the said bonds shall guarantee the faithful performance of the said contract. by the Contractor and shall be in an amount equal to one hundred percent (100%} of the contract price. The other of the said bonds shall be in an amount of fifty percent (SO%) of the contract price and shall guarantee payment to laborers, mechanics and material workers employed on the job under the contract and shall be in the amount and satisfy the requirements specified in Section 3248 of the California Civil Code. 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 City has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that originally required, as is considered necessary, considering the extent of the work remaining to be done. Thereafter no payment shall be made upon. such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished. 3-1.04- EXECUTION OF CONTRACT. The contract shall be signed by the successful bidder and returned, together with the contract bonds within ten (10) days, not including Sundays, after the bidder has received notice that the contract has been awarded. No proposal shall be considered binding upon the City until the .execution of the contract. All contracts shall be considered as being made and entered into in the City of Bakersfield, California. Failure to execute a contract and file acceptable bonds as provided herein within ten (10) days, not including 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. 3-1.05. RETURN OF BIDDER'S GUARANTEES. Within ten (10) days after the award of the contract, the City of Bakersfield will return .any monies or form for deposit of money that are not to be considered in making the award. All other proposal guarantees will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany. 8 SECTION 4 -BEGINNING OF WORK, TIME OF COMPLETIaN AND LIQUIDATED DAMAGES 4-1.01 GENERAL. Attention is directed to the provisions of Section 8, Article 8-1.03, "Beginning of Work," Article 8-1.06, "Time of Completion" and Article 8-1.07, "Liquidated Damages," of the Standard Specifications, and is specifically hereby made a part of these special provisions. The first. paragraph of Section 8-1.03, "Beginning of Work," of the Standard Specifications, is amended to read: The Contractor shall begin work within fifteen (15) days after receiving written notice to proceed. The Contractor shall diligently prosecute the same to completion before the expiration of 35 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. The Contractor. shall pay to the City of Bakersfield the sum of $200.00 per day for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above. Full compensation for conforming to the requirements of above paragraph shall be considered as included in the prices paid for the various items of work and no additional allowance will be made therefor. The Contractor shall furnish the Engineer with a statement from the vendor that the order for the electrical materials required for this contract has been received and accepted by said vendor, and said statement shall be furnished within fifteen {15} calendar days from the date of the contract. Said statement shall show the date or dates the electrical. materials will be shipped. No work shall begin on the project without prior written approval of the Engineer until all components necessary for operation of the signalsystem are on hand. The Contractor will be granted an .extension of time and will not be assessed with liquidated damages or -the cost of engineering and. inspection for any portion. of the delay in completion. of the work caused by manufacturing time should approval be given to begin prior to delivery of all signal system components.. The number of days extension shall be the working days between the date as determined according to Special Provisions, Article 4-1.01, and the date of receipt of all components as determined by the Engineer. Upon receipt of all components, the-Contractor shall notify the Engineer in writing and the Engineer will order start of work in writing. 9 SECTION 5 -GENERAL 5-1.01 STATE CONTRACT ACT NOT APPLICABLE. Sections 1-1.40, "State Contract Act," and 9-1.10, "Arbitration," of the Standard Specifications are deleted. This contract is not governed by the provisions of the State Contract Act. The adoption and use of the Standard Specifications in the performance of the work called for in this contract shall not be construed as an election by the City to proceed under Section 20396 of the Public Contract Code. In the event that a dispute arises between the parties, they are not obligated to submit the matter to arbitration in any form (although they may do so upon written agreement). 5-1.02 ALTERATION IN QUANTITY OF WORK. Increases or decreases in work exceeding an amount of $10,000 or which, together with all other previously approved change orders for that contract exceeds twenty-five percent (25%) of the original contract amount, must be authorized by the City Council. 5-1.03 CONTROL OF WORK. Control of work shall conform to the provisions in Section 5, "CONTROL OF WORK," of the Standard Specifications and these special provisions. Section 5-1.02 "Plans and Working Drawings", of the Standard Specifications is amended by adding .the following paragraph after the fourth paragraph: Working drawings or plans for any structure not included in the plans furnished by the Engineer shall be approved by the Engineer before any work involving these plans shall be performed, unless approval is waived in writing by the Engineer. Section 5-1.07 "Lines and Grades" of the Standard Specifications is amended by adding the following paragraph after the first paragraph: Three consecutive points shown on the same rate of slope must be used in common, in order to detect any variation from a straight grade, and in case any such discrepancy exists, it must be reported to the Engineer. If such a discrepancy is not reported to the Engineer, the Contractor shall be responsible for any error in the finished work. The second paragraph in Section 5-1.07, "Lines and Grades" of the Standard Specifications is. amended to read: When the Contractor requires such stakes or marks,. he shall notify the Engineer of his requirements in writing a reasonable length of time in advance of starting operations that require such stakes or marks. In no event, shall a notice of less than 24 hours be considered a reasonable length of time. Section 5-1.08, "Inspection" of the Standard Specifications is amended by adding the following paragraph after the first paragraph: Whenever the Contractor varies the period during which work is carried on each day, he shall give due notice to the Engineer, so that proper inspection maybe provided. Any work done in the absence of the Engineer will be subject to rejection. 5-1.04 PREVAILING WAGES. Pursuant to Chapter 1 of Part 7 of Division 2 of the Labor Code (commencing with Section 1720), Contractor agrees that in performing said work, by himself or through any subcontractor, eight hours' labor shall be a day's work and forty hours' labor shall be a week's work, and that Contractor shall keep an accurate record showing the name and actual hours worked for all workers 10 ' employed in said work, and that said record shall be kept open at all reasonable hours for inspection pursuant to Section 1812 of the Labor Code. The Contractor and all Subcontractors shall pay not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime to all workers employed in the construction of this project. The prevailing rate for each craft, classification or type of work is determined by the Director of the California Department of Industrial Relations, and his schedule of prevailing rates is on file and available for inspection in the Public Works Department. The schedule is incorporated herein by this reference. The City shall have the right to inspect payroll records during normal working hours and shall have the right to question workers at any time concerning the wages being paid. Contractor shall not interfere in any way with the City's right to investigate conformance with the wage provisions of this contract. Contractor shall forfeit to the City for each worker employed for each calendar day or portion thereof: a. FIFrY DOLLARS ($50) pursuant to Section 1775 of the Labor Code, per worker paid less than the amount to which he is entitled under said general prevailing rate of wages; and b. TWENTY FIVE DOLLARS (~25) pursuant to Section 1813 of the Labor Code, per worker required to work more than eight (8) hours per day or more than forty (40) hours per week, except as provided in Section 1815 of the Labor Code. 5-1.05 PAYROLL RECORDS. The fourth paragraph in Section 7-1.01A(3), "Payroll Records," of the Standard Specifications is deleted and shall not apply to this contract. 5-1.06 LABOR NONDISCRIMINATION. Attention is directed to Section 7-1.01A(4), "Labor Nondiscrimination," of the Standard Specifications and these special provisions. Attention is also directed to the requirements of the California Fair Employment and Housing Act (Government Code Sections 12900 through 12996}, to the regulations promulgated by the Fair Employment and Housing Commission to implement said Act, and to the nondiscrimination, affirmative action and equal employment opportunity requirements in the special provisions. 5-1.07 APPRENTICES. The Contractor's attention is directed to Article 7-1.01A(5), "A rentices," of the Standard Specifications.All Contractors and Subcontractors shall comply with the pp provisions of Labor Code Sections, 1777.5, 1777.6, and 1777.7 relating to the employment of apprentices. If the Contractor does not have a union contract which provides for apprentices, the Contractor and all Subcontractors shall submit one of the following: 1. A copy of a "REQUEST FOR AN APPLICATION FOR A CERTIFICATE OF APPROVAL TO EMPLOY AND TRAIN APPRENTICES ON PUBLIC WORKS." This request shall be submitted to the local Department of Industrial Relations, Division of Apprenticeship Standards on the Contractor's and each Subcontractor's letterhead or DAS 140, enclosed with these specifications. 2. A copy of an approval to employ and train apprentices from the local Department of Industrial Relations, Division of Apprenticeship Standards. 3. Proof of a Collective Bargaining Agreement with the Joint Apprenticeship Committee providing for apprentices. One of the above shall be submitted by the low bidder to the City of Bakersfield Purchasing Division, within two (2) working days following the bid opening. 11 S-1.08 TRENCH SAFETY. The Contractor shall comply with Section 6705 of the Labor Code which provides that the Contractor's responsibility shall be as follows: If the contract price for the project includes an expenditure in excess of 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 eff ective 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 or 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 1720 and 1722 respectively. 5-1.09 SOUND CONTROL REQUIREMENTS. Sound control shall conform to the provisions in Section 7-1.01I, "Sound Control Requirements," of the Standard Specifications and these special provisions. The noise level from the Contractor's operations, between the hours of 9:00 P.M. and 6:00 A.M., shall. not exceed 86 dbA at a distance of SO feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level. Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. 5-1.10 PERMITS AND LICENSES. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the . work from any and all governmental organization which require such permits, licenses or fees. The Contractor shall procure a business license in the City of Bakersfield. 5-1.11 WORKING HOURS. Contractor shall limit his field working hours from 7:00 A.M. to 4:30 P.M. Monda-y through Friday. Any deviations must be requested and in writing and directed to the Construction Engineer at the Pre-Job Conference. Written approval. from the Construction Engineer is required for work beyond these limits. Any time work proceeds, which requires inspection services for more than an eight (8) hour work day, or on holidays or weekends, the Contractor will be charged for all associated overtime charges and said charges may be withheld from contract retention. 5-1.12 LAWS TO BE OBSERVED. The Contractor shall keep himself fully informed of all existing and future State and National laws and all municipal ordinances and regulations of the City of Bakersfield which in any manner affect those engaged or employed in the work, or the materials used in the 12 ' work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. 5-1.13 CONTRACTOR'S INSURANCE. The Contractor shall not commence work under this contract until he has obtained all insurance required under this section and the required certificates of insurance have been filed with and approved by the City Risk Manager and the Public Works Department, nor shall the Contractor allow any Subcontractor to commence work on his subcontract until said certificates of insurance have been filed and approved by the City Risk Manager and the Public Works Department. Contractor shall be responsible for any deductibles under all required insurance policies. 5-1.13A HOLD HARMLESS. 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 and shall execute and return with the executed contract documents and bonds the "Hold Harmless Agreement," a copy of which is attached hereto. 5-1.13B INSURANCE. In addition to any other form of insurance or bond required under the terms of this agreement and specifications, the Contractor shall procure and maintain for the duration of this agreement the following types and limits of insurance: Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million ($1,000,000) per occurrence; and The automobile liability policies shall provide coverage for owned, non•owned and hired autos. 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. ' The liability policies shall provide contractual liability coverage for the terms of this agreement. The liability policies shall contain an additional insured endorsement in f avor of the City, its mayor, council, officers, agents, employees and volunteers; Workers' com,~ensation with statutory limits and employer's liability insurance with limits of not less than one million ($1,000,000) per accident. The workers' compensation policy shall contain a waiver of subrogation endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. All policies required of the Contractor hereunder shall be primary insurance as respects the City, its mayor, council, officers, agents, employees and volunteers and any insurance or self-insurance maintained by the City, its mayor, council, officers, agents, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. All policies shall contain the following endorsements: An endorsement providing the City with ten (10) days written notice of cancellation or material change in policy language or terms. If any part of the work under this agreement is sublet, similar insurance shall be provided by or on behalf of the subcontractors to cover their operations. 13 ' 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. All costs of insurance required under this agreement shall be included in the Contractor's bid, e ~ and no additional allowance will be made for additional costs which may be required by extension of the insurance policies. 5-1.14 CONTRACTOR'S AUTHORITY. At the preconstruction meeting, the Contractor shall provide the City with the foreman's or superintendent's name who will be in charge of this project. 5-1.15 DAMAGE BY STORM, FL44D, TIDAL WAVE 4R EARTHQUAKE. Section 7-1.1b5, "Damage by Storm, Flood, Tidal Wave or Earthquake," of the Standard Specifications is deleted and shall not apply to this contract. 5-1.16 WORK IN CITY STREETS. All of the work shown on the plans and included in these specifications that is located in the public streets in the City of Bakersfield shall be done in accordance with City Ordinance regulating the use of public streets within the City, except as otherwise provided herein. The Contractor shall inform himself as to all regulations and requirements of the City Engineer and Superintendent of Streets of the City of Bakersfield and shall conduct his operations in compliance therewith. 5-1.17 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 arrangements, and pay all expenses for additional area required by him outside of the limits of right of way unless otherwise provided in the special provisions. 5-1.18 SUSPENSION OF CONTRACT. If at any time in the opinion of the City Council, the Contractor has violated any terms of this contract, failed to supply an adequate working force, or material of .proper quality, or has f ailed in any other respect to prosecute .the work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing will be served upon him, and should he neglect or refuse to provide means for a satisfactory compliance with the contract, as directed by the Engineer, within the time specified in such notice, the City Council in any such case shall have the power to suspend the operation of the contract. Upon receiving notice of such suspension, the Contractor shall discontinue said work, or such parts of it as the City Council may designate. Upon such suspension, the Contractor's control shall terminate, and thereupon the City Council, or its duly authorized representative; mayemploy other parties to carry the contract to completion, employ the necessaryworkmen, substitute other machinery or materials, and purchase the materials contracted for, in such manner as the Engineer may deem proper; or the City Council may annul and cancel the contract and re-let the work or any part thereof. Any excess of .cost arising therefrom over and above the contract price will be charged against the Contractor and his sureties, who will be liable therefor. In the event of such suspension, all money due the Contractor or retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the contractor or his sureties from liability or failure to fulfill the contract. The Contractor and his sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operations of the contract and the completion of .the work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion as determined by the Engineer have been paid. In the determination of the question whether there has been any such non-compliance with the contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the contract. 14 1 5-1.19 TEMPORARY SUSPENSION OF WORK. The Engineer shall have the authority to suspend the work wholly or in part, for such period as he may deem necessary, due to unsuitable weather, or to such other conditions as are considered 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 r to perform any provisions of the work. The Contractor shall immediately obey such order of the Engineer and shall not resume the work until ordered in writing by the Engineer. 5-1.20 PAYMENTS. Attention is directed to Sections 9-1.06, "Partial Payments," and 9-1.07, "Payment After Acceptance," of the Standard Specifications and these special provisions. No partial payment will be made for any materials on hand which are furnished but not incorporated in the work. 5-1.21 FINAL PAYMENT. In addition to the conditions, provisions, and requirements of Article 9-1.07B, "Final Payment and Claims," of the Standard Specifications, the following shall apply: The City may withhold funds, or because of subsequently discovered facts, nullify the whole or any part of any certificate for payment, to such extent as maybe necessary to protect the City from loss due to causes including but not limited to the following: a. Defective work not remedied; b. Claims filed or information reasonably indicating probable filing of claims; c. Failure of Contractor to make payment due for materials and/or labor; d. Information causing reasonable doubt that the contract can be completed for any unpaid balance; e. Damages to another Contractor; and f. Breach of any terms of this contract. When any and all such causes are removed, certificates shall be issued for amount withheld. The fifth paragraph in Section 9-1.07B, "Final Payment and Claims," of the Standard Specifications is amended to read: The Director will make the final determination of any claims which remain in dispute after completion of claim review. Aboard or person designated by said Director will review such claims and make written recommendation thereon. The City Engineer shall, after the completion of the contract, make a final estimate of the amount of work done thereunder, and the value of such work, and the City shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and 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 and after execution and return by the Contractor of the attached GU E when applicable. It is mutually agreed between the parties to the contract that no certificate given or payments made under the contract except the final certificate or final payment, shall be conclusive evidence of the 15 performance of the contract, either wholly or in part, against any claim of the party of the first part, and no payment shall be construed to be an acceptance of any defective work or improper materials. And the Contractor further agrees that the payment of the 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, the City Council, and the Engineer from any and all claims or liability on account of work performed under the contract or any alteration thereof. 5-1.22 INCREASED OR DECREASED QUANTITIES. The word "compensation" in the following paragraphs of the Standard Specifications is replaced with the words "unit price": Third paragraph of Section 18-1.05, "PAYMENT". Third paragraph of Section 24-1.11, "PAYMENT". Tenth paragraph of Section 39-8.02, "PAYMENT'. 5-1.23 HAZARDOUS MATERIALS. The Contractor shall be held responsible for his workers and subcontractor's well-being and their education of handling hazardous materials when hazardous materials are encountered during this project. 16 SECTION 6. -CONTROL OF MATERIALS 6-1.01 GENERAL. Control of materials shall conform to the provisions in Section 6, "Control of Materials," of the Standard Specifications and these special provisions. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before delivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the contractor or producer of all materials to be used in the work, for testing or examination as desired by 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. 6-1.02 BORROW, DISPOSAL AND MATERIAL SITES. The operation of any borrow, or disposal sites used by the Contractor to produce or dispose of material for this project shall comply with the requirements in the Standard Specifications and these special provisions. All provisions for water pollution, and sound control that apply within the limits o~ the contract shall apply to all borrow or disposal sites utilized by the Contractor. Upon completion of the work, all such sites and -haul roads shall be graded and treated so that, at the time of final inspection of the contract, they will drain, will blend with surrounding terrain, and will have a potential as a source of blowing dust or other pollution which is no greater than when in their original condition. If the. Contractor obtains necessary permits for borrow, disposal or material sites from the authority having jurisdiction or from the appropriate pollution control boards and such permits contain requirements which conflict with the requirements in the first and second paragraphs of this section, the requirements of the permits "shall govern over the conflicting requirements of this section provided the permit requirements have been approved by the Engineer. Full compensation for complying with the requirements for borrow, disposal and material sites in this .section shall be considered as included in the contract prices paid for the items of work which require the use of the sites and no additional compensation will be allowed therefor. 6-1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section b-1.07, "Certificates of Compliance," of the Standard Specifications, the Engineer may permit the use of certain materials or assemblies, prior to sampling and testing, if accompanied by a Certificate of Compliance. 17 SECTION 7. CONSTRUCTION DETAILS SECTION 7-1 GENERAL 7-1.01 ORDER OF WORK. Order of work shall conform to the provisions in Section 5-1.05, "Order of Work," of the Standard Specifications and these special provisions. All striping removal shall be completed a minimum of 2 days prior to signal being placed into operation. Pavement delineation shall be replaced by temporary delineation on the same day as striping is removed. 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 10 feet apart on curve nor more than 20 feet apart on tangents. Reflective traffic line tape shall be applied in accordance with the manufacturer's instructions. Temporary delineation shall be the same color as the permanent delineation. Full compensation for temporary delineation shall be considered as included in the prices paid for the contract .items of work that obliterated the existing delineation and no separate payment will be made therefor. When initially installed, all vehicle and pedestrian signal faces shall be aimed and covered with cardboard or other material with an observation hole {max. 1" dia.} in front of each signal indication. The covers shall .remain in place until all signal operations have been checked and signal is placed into operation. Prior to commencement of the traffic signal functional tests, all items of work related to the signal control shall be completed and all signs shall be in place. 7-1.02 OBSTRUCTIONS. Attention is directed to Section 8-1.10, "Utility and Non-Highway Facilities," of the Standard Specifications, the plans, and the special provisions. The Contractor will be required to work around public utility facilities and other improvements that are to remain in place within the construction area or that are to be relocated and relocation operations have not been completed. In accordance with the provisions of Article 7-1.11,"Preservation of Property," and 7-1.12, "Responsibility for Damage," of .the Standard Specifications, the Contractor will be liable to owners of such facilities and improvements for any damage or interference with service resulting from conducting his .operations. The exact location of underground facilities and improvements within the construction area shall be ascertained by the Contractor before using equipment that may damage such facilities or interfere with the services. Other forces may. be engaged. in moving or removing utility facilities or other improvements or maintaining services or utilities. The Contractor shall cooperate with such forces and conduct his operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by other such forces. Any delay to the Contractor due to utility relocation whether or not the utility is shown or correctly located on the plans will not be compensated for as idle time. However, additional contract time commensurate with such delays may be allowed. At locations where irrigation systems exist, the irrigation systems shall be protected by the Contractor. Any damage to irrigation systems shall be repaired by the Contractor at his own expense. 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. 18 ' 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 of this article L shall be considered as included in the prices paid for the various items of work and no additional compensation will be made therefor. 7.1.03 MAINTAINING TRAFFIC. The Contractor shall furnish, install and maintain signs, lights, flags and other warning and safety devices when performing work which interferes with or endangers the safe movement of traffic on any street or highway. Signs, lights, flags and other warning and safety devices and their use shall conform to the requirements set forth in the current "Manual of TrafficControls -Warning Signs, Lights, and Devices for Use in Performance of Work Upon Highways," published by the State of California, Department of Transportation. Application and use of devices shall be as specified and as directed by the Engineer. The Contractor shall keep the Bakersfield Fire Department informed at all times as to the exact location and progress of the work and shall notify them immediately of any streets impassable for fire fighting equipment. The sixteenth and nineteenth paragraphs of Section 7-1.08, "Public Convenience," of the Standard Specifications, shall be amended to read as follows: Construction operations requiring lane closures shall be actively in progress only between the hours indicated below, Monday through Friday, except legal holidays. Street Direction of Travel Hours CHESTER AVENUE BOTH 8:30 - 4:30 4TH STREET BOTH 8:30 - 4:30 Where construction operations are actively in progress, a minimum of one traffic lane, not less than twelve feet in width, shall be open for use by public traffic. Where construction operations are not actively in progress not less than two such lanes shall be open for use by public traffic. Public traffic may be permitted to use the shoulders and, if half-width construction methods are used, may also be .permitted to use the side of the roadbed opposite to the one under construction. No additional compensation will be allowed for any shaping of .shoulders necessary for the accommodation of public traffic thereon during paving operations. In order to expedite the passage of public traffic through or around the work and where ordered by the Engineer, the Contractor shall, at his own expense, furnish, install and maintain construction area signs, lights, flares, temporary railing (Type K}, barricades, and other facilities for the sole convenience and direction of public traffic. Also, where directed by the Engineer, the Contractor shall furnish competent flagmen whose sole duties shall consist of directing the movement of public traffic through or around the work. When deemed necessary by the City, the signs "Road Construction Ahead," No. C-18, and "End Construction," No. C-13, shall be furnished, installed and maintainedby the Contractor at locations as directed by the Engineer at least 48 hours in advance of any construction. The Contractor shall report all accidents to the Engineer. PAYIV~NT. Full compensation for conforming to the requirements of this article shall be considered ` as included in the prices paid for various items of work and no additional allowance will be made therefor. 19 ' 7-1.04 TRAFFIC DELINEATION. Immediately after any construction where delineation is obliterated or when directed by the Engineer, replace all obliterated pavement delineation with temporary delineation during the same work period, and in no case later than 7:30 a.m. following such work period. Temporary delineation consists of reflective traffic line tape applied in pieces not less than 4 inches long nor less than 4 inches wide, spaced no more than 20 feet apart on tangents and no more than 10 feet apart on curves. Apply reflective traffic line tape in accordance with the manufacturer's instructions. Temporary delineation must be the same color as the permanent delineation. Remove temporary delineation applied to asphalt concrete patches immediately prior to applying asphaltic emulsion tackcoat for asphalt concrete overlay. A striping plan will be made available to the Contractor when traffic delineation is to be modified by the City. PAYIVIENT. Full compensation for traffic delineation shall be considered as included in the prices paid for the various items of work, and no separate payment will be made therefor. 7-1.05 EXISTING HIGHWAY FACILITIES. The work performed in connection with various existing facilities shall conform to the provisions in Section 15, "Existing Highway Facilities," of the Standard Specifications and these special provisions. Existing City highway signs and street markers shall remain the property of the City. Such signs and street markers shall be relocated and maintained during construction so as to convey the same intent that existed prior to construction. Existing City highway signs and street markers shall be placed in their permanent position by the Contractor's forces prior to completion of construction. Signs removed from the project area shall be delivered to the City Corporation Yard at 4101 Truxtun Avenue. PAYMENT. Full compensation for conforming to the requirementsof the two precedingparagraphs shall be considered as included in the prices paid for the various items of work and no additional allowance will be made therefor. 7-1.Ob CLEARING ~ AND GRUBBING. Clearing .and grubbing shall conform to the provisions in Section 16, "Clearing and Grubbing," of the Standard Specifications and these special provisions. Clearing and grubbing shall be limited to those areas actually affected by the planned construction as directed by the Engineer. . 7-1.07 DUST CUNTROL. It shall be the Contractor's responsibility to prevent a dust nuisance from originating from the site of the work as a result of his operations, or the traveling public, during the effective period of this contract. Preventative measures to be taken by the Contractor shall include but shall not be limited to the following: 1. Water shall be applied to all unpaved areas as required to prevent the surface from becoming dry enough to permit dust formation. 2. Paved surfaces over which vehicular traffic is permitted to travel shall be kept free of dirt. Temporary suspension of the work, either as a result of order by the Engineer, or as a result of conditions beyond the control of the Contractor shall not relieve the Contractor from his responsibility for dust control as set f orth herein. 20 PAYMENT. Full compensation for confornung 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. 7-1.08 OVERHEAD SIGNS. Overhead signs shall conform to the applicable provisions in Section Sb, "Signs," of the Standard Specifications and these special provisions. Mast-arm hangers for street name signs will be furnished and installed by the City. Street name signs will be furnished and installed by City of Bakersfield using mast-arm hanger methods such as Hawkins M10J Series swinging sign bracket, with return spring removed, or acceptable equal. Overhead signs installed on signal poles, mast-arms or on flashing beacon mast-arm shall be f urnished and installed by the Contractor in accordance with the plans and these special provisions. Compensation for overhead signs shall be considered included in the respective contract lump sum price or prices for signal, flashing beacon, or combination thereof and no additional compensation will be allowed therefor. 21 SECTIUN 7-2 TRAFFIC SIGNALS AND LIGHTING 7-2.41 FOUNDATIONS. Foundations shall conform to the provisions in Section 86-2.03, "Foundations," of the Standard Specifications and these special provisions. The Contractor shall furnish the anchor bolts, nuts and washers to be used for new foundations and s shall furnish the appropriate nuts and washers for existing foundations to be reused. When foundations are to be abandoned as shown on the plans the last paragraph of Section 86-2.03, "Foundations", shall be amended to read: When foundations are to be abandoned, the top of foundation, anchor bolts, and conduits shall be removed to a depth of not less than 3-feet below the surface of sidewalk or unimproved ground. The resulting hole shall be backfilled with material equivalent to the surrounding material. 7-2.42 STANDARDS,. STEEL PEDESTALS AND POSTS. Standards, steel pedestals and posts shall conform to the provisions in Section 86-2.04, "Standards, Steel Pedestals and Posts", of the Standard Specifications and these special provisions. A pull rope shall be installed in all mast arm poles from the hand hole at the pole base up through the signal mast arm to the farthest head. A second pull rape shall be installed in all mast arm poles with luminaires from the hand hole at the base of the pole up through the luminaire arm to the luminaire. The pull rope shall be nylon or polypropylene with a minimum tensile strength of S00 pounds. At least 2 feet of pull rope shall be doubled back into the pole or arm at each termination. 7-2.43 CONDUIT. Conduit shall conform to the provisions in Section 86-2.05, "Conduit," of the Standard Specifications and these special provisions. Conduits may be installed by either jacking/drilling or open trench methods except where a specific method is required on the plans. "Trenching in Pavement Method" for installation of conduit in pavement, except in paved medians, shall conform to the following specifications: 1. Conduit shall be rigid non-metallic type. Conduit shall be placed under existing pavement in a trench not to exceed 6 inches in width. Trench shall be cut using a rock saw and all loose uncompacted material shall be removed from the bottom of the trench prior to placement of conduit. The trench shall have a minimum depth of 18 inches below f finished grade. 2. The conduit shall be placed in the bottom of the trench and the trench shall be backfilled with a one (1} sack slurry cement backfill. Slurry cement backfill shall be placed to within 0.20 feet of the pavement surface. The top 0.20 feet shall be backfilled with asphalt concrete produced from commercial quality paving asphalt and aggregates. 3. Prior to spreading asphalt concrete, paint binder shall be applied as specified in Section 39-4.02, "Prime Coat and Paint Binder," of the Standard Specifications. Spreading and compacting of asphalt concrete shall be performed by any method which will produce an asphalt concrete surface of uniform smoothness, texture, and density. 4. All excavated areas in the pavement shall be backfilled by the end of each work day. Temporary roadmix or other acceptable temporary surf ace will be allowed on the top 0.20 feet until such a time as the permanent asphalt surface is placed. 22 7-2.04 PULL BOXES. Pull boxes shall conform to the provisions in Section 86-2.06, "Pull Boxes," of the Standard Specifications and these special provisions. Recesses for suspension of ballasts will not be required. 6 Pullboxes located in the wheelchair ramp areas shall be flush to the surface. 7-2.05 CONDUCTORS AND WIRING. Conductors and wiring shall conform to the provisions in Section 86-2.08, "Conductors," and Section 86-2.09, "Wiring," of the Standard Specifications and these special provisions. CONDUCTORS -The Contractor shall use multi-conductor electrical cables for all circuits except between the service switch and controller cabinet. .Conductors shall be spliced by the use of "C" shaped compression connectors as shown on Standard Plan ES 13. Splices shall be insulated by "Method B." 7-2.06 SERVICE. Service shall conform to the provisions in Section 86-2.11, "SERVICE", of the Standard Specifications and these special provisions. Unless otherwise noted, service shall be as shown on the plans and shall be furnished with 60 amp, 240 volt, 3 pole main breaker and the following branch circuit breakers: No. Amps Phase Volts Branch Metered 1 50 1 110 Traffic Signal Yes 2 30 1 110 Lighting No The Engineer will arrange with the serving utility to complete service connections to service points shown on the plans. and will pay all required costs and fees required by the utility. 7-2.07 TESTING. Testing shall conform to the provisions in Section 86-2.14, "Testing," of the Standard. Specifications and these special provisions. The signal shall not be placed in flashing mode, with signal faces uncovered, prior to Functional Testing. FUNCTIONAL TESTING. All functional testing shall conform to the provisions is Section 86 2.14C "Functional Testing," of the Standard Specifications and the following paragraph: Functional test period is included in the number of working days to complete the project as described in SECTION 4, "BEGINNIlVG OF WORK, TIlVIE OF COMPLETION AND LIQUIDATED DAMAGES" of these special provisions. 7-2.08 SIGNAL FACES AND SIGNAL HEADS. Signal faces, signal heads and auxiliary equipment, as shown on the plans, and the installation thereof, shall conform to the provisions in Section 86-4.01, "Vehicle Signal Faces," 86-4.02, "Directional Louvers," 86-4.03, "Backplates" and 86-4.06, "Signal Mounting Assemblies," of the Standard Specifications and these special provisions. Housing, visors, directional louvers and backplates shall not be structural plastic. 23 All lamps for traffic signal units shall be furnished by the Contractor. All signal faces shall be provided with 12-inch sections. The fourth sentence of the first paragraph of Section 8b-4.Ob, "Signal Mounting Assemblies," of the Standard Specifications, shall be amended to read as follows: Post top slip-fitters and terminal compartments shall be cast bronze or hot-dip galvanized ductile iron. 7-2.09 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. Type G. Each Type G pedestrian signal shall consist of a housing with front screen, a message plate and two light sources, each consisting of luminous tubing and power supplies for the luminous tubing. The message plate shall be 1/8 inch nominal thickness ultraviolet-stabilized, prismatic-patterned polycarbonate plastic; 3/16 inch nominal thickness hammeredwire-glass; or 3/16 inch nominal thickness ultraviolet-stabilized, prismatic-patterned acrylic plastic. The message plates shall have aflat-black surface over the entire projected area except where the symbols are located. The material used to mask the message plate shall be hard and durable and shall bond such that it will not flake or peel when the message plate is in use or is washed. The symbols shall be the only illuminated portion of the message plate. The message plate shall be sealed to a polycarbonate case to form a dust tight and weatherproof module. The module shall contain and properly support the luminous tubing and power supplies. Each light source shall have a separate power supply. Each power supply shall require less then 36 watts with a power factor of not less than 90 percent over a range of input voltages from 105 to 130, at a frequency of 60 + 1 Hz. Each symbol shall be not less than 11 inches high and not less than 7 inches wide. Pedestrian signals shall have front screens conforming to the provisions in Section 8b-4.OSB, "Front Screen", of the Standard Specifications. 7-2.10 LUMINAIRES. Luminaires shall conform to the provisions in Section 8b-6.01, "High Intensity-Discharge Luminaires," of the Standard Specifications and -these special provisions. Luminaires shall be furnished with high pressure sodium lamps and integral ballasts with lamp wattage as shown on the plans. An in-line fuse shall be located in the pull box. 7-2.11 PHOTOELECTRIC CONTROLS. Photoelectric controls shall conform to the provisions in Section 8b-6.07, "Photoelectric Controls", of the Standard Specifications and these special provisions. Each luminaire shall be provided with a Type IV photoelectricalcontrol. 7-2.12 CONTROLLERS, CABINETS AND AUXILIARY EQUIPMENT. The City will furnish the controller and cabinet assembly for the location. 24 Additional load switches and loop detectors shall be provided by the Contractor and shall conform to the following: Load switches shall be Indicator Controls Corporation model 200. Loop Detectors shall be Indicator Controls Corporation model 222. Loop detectors shall be 2-channel digital, rack mounted with a serial port. Contractor shall also supply and install all necessary hardware to connect the load switch and detectors for a fully operational system. 7-2.13 DETECTORS. Detectors shall conform to the provisions in Section 8b-5, "Detectors," of the Standard Specifications and these special provisions. Location and layout of detector loops shall be as directed by the Engineer. CONSTRUCTION MATERIALS: Loop detector lead-in cables shall conform to the provisions in Section 8b-5.01A (4), "Construction Materials," of the Standard Specifications and these special provisions. Loop detector lead-in cables shall be Type B, and shall conform to the following: Loop wires in the pull box shall be twisted at a minimum rate of 5 turns per foot, and the splice must be soldered and completely waterproof. Connect one end of the shield to earth ground (at cabinet) and insulate the other end with no possible path to earth ground. or Loop detector lead-in cable shall be Type D where shown on Plans or at the discretion of the Contractor, and shall conform to the following: 'I~pe D lead-in cable shall consist of 4 No.18 stranded copper conductors with color coded polypropylene insulation (red-green and black-white). The conductors shall be twisted together with b turns per foot and protected with an aluminized polyester shield. The cable shall be provided with a high density polyethylene outer jacket with a nominal thickness of 0.032-inch. An amorphous interior moisture penetration barrier shall be provided. The 4-conductor cable shall be less than 1/4" in diameter..Splices in the loop detector lead-in cable will not be permitted unless indicated on the plans. All spade connectors used to attach to terminals inside the controller cabinet shall be crimped and soldered to the conductor. INSTALLATION DETAILS: Installation details shall conform to the provisions in .Section 8b-5.01A (5), "Installation Details," of the Standard Specifications and these special provisions. 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 within 1/8 inch of the pavement surface. The sealant shall be at least 112 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 Section 86-5.01A (5) of the Standard Specifications. 25 1 2. Asphaltic Emulsion Inductive Loop Sealant conforming to Section 8b-5.01A (S) of the Standard Specifications. Identification of each conductor pair shall consist of labeling the phase and detector slot number (e.g. - bJ2L, 8J8U, 3ISU, etc.) in permanent ink on a tag suitable for such purposes (Stuart Electric Ty Rap, Catalog No. TY5532 or approved equal). Detector loops in concrete pads shall be sealed with epoxy sealant. 7-2.14 GUARANTEE. The 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. The guarantee, properly executed, shall be filed with the City before notice of completion and final acceptance is made by the City of the work described on the plans and these special provisions. c 7-2.15 PAYMEN'~. Payment for signals and lighting shall conform to the provisions in Section 86-8, "Payment", of the Standard Specifications and these special provisions. Full compensation for cast-in-drilled hole concrete pile foundations shall be considered as included in the contract lump sum .price paid for .the item requiring foundations and no separate payment will be made therefor. 2b 8040-41A-1 STATE OF CALIFORNIA Specification Asphaltic Emulsion Inductive Loop Sealant z 1.0 SCOPE This specification covers a one component, pourable sand filled, asphaltic emulsion for use in sealing inductive wire loops and leads imbedded in asphalt and portland cement concrete. This sealant is suitable for use in freeze-thaw environments. 2.0 APPLICABLE SPECIFICATIONS The following specifications, test methods and standards in effect on the opening date of the Invitation to Bid form a part of this specification where referenced: American Society for Testing and. Materials D2939, D2523 California Test Method No. 434 California Department of Transportation Standard Specifications 1992 State of California Specification8010-XXX-99 Inspection, Testing and Other Requirements for Protective. Coatings Code. of Federal Regulations, Hazardous Materials and Regulations Board, Ref. 49CFR. 3.0 REQUIREMENTS 3.1 Composition The composition of the loop sealant shall be a sand filled, pourable, water emulsified bitumen. It will be the manufacturers responsibility to produce aone-component product to .meet the properties spe ' 'ed herein. 3.2 Characteristics of the Sealant 3.2.1 Residue by evaporation, weight percent 70 Minimum Use ASTM D2939 .3.2.2 Ash content, weight percent 50 to b5 Use ASTM D2939 27 Asphaltic Emulsion Inductive Loop Sealant 8040-41A-15 z 3.2.3 Firm set time, hours, 4 maximum test at one hour intervals, use ASTM D2939 3.2.4 Brookfield viscosity, Poise SO to 125 RVT Spindle #3,10 RPM at 75 + 2deg.F. 3.3 Properties of the Dried Film 3.3.1 Flexibility, No full depth Use ASTM D2939, except air dry specimens to cracks constant weight at 75 ± Sdeg.F. and SO ± 10% relative humidity. Condition mandrel and specimens 2 hours at 75 ± 2deg.F. before test. Use aluminum panels, 0.03 inches thick (Q panel or equal). 3.3.2 Tensile. Strength, psi, 20 minimum cast sheets-0.25 inches thick and air dry at 75 + Sdeg.F, 50 ± 10% relative humidity for minimum of 1b hours. Load rate 0.05 inches/minute, use ASTM D2523. 3.3.3 Elongation, % 2.0 minimum Same conditions as 3.3.2 use ASTM D2523 3.3.4 Slant-shear strength to concrete, psi, 150 minimum, Use California Test Method No. 434, Part VIII. Space with no loss damp blocks with 0.25 inches between slant f aces, seal of adhesion to sides. and bottom with tape and fill with the well stirred concrete sample, strike off the excess. Dry in 140deg.F oven to constant weight and condition 1-.day at 75 ± 2deg.F before testing. Load rate to be 5000 lbslminute. 3.3.5 Resistance to water No blistering, Use ASTM D2939, Alternative B re-emulsification or loss of adhesion 3.4 Workmanship 3.4.1 The sealant shall be properly dispersed and any settling shall be easily redispersed with minimum resistance to the sideways manual motion of a paddle across the bottom of the container. It shall form a smooth uniform product of the proper consistency. If the material cannot be easily redispersed due to excessive settlement as described above or due to any other cause, the sealant shall be considered unfit for use. 28 Asphaltic Emulsion Inductive Loop Sealant 8040-41A-15 3.4.2 The sealant shall retain all specified properties under normal storage conditions for 12 months after acceptance and delivery. The vendor shall be responsible for all costs and transportation charges incurred in replacing material that is unfit for use. The properties of any replacement material, as specified in Paragraph 3.0, shall remain satisfactory for 12 months from date of acceptance and delivery. 3.4.3 The sealant shall comply with all air pollution control rules and regulations within the State of California in effect at the time the sealant is manufactured. 4.0 QUALITY ASSURANCE PROVISIONS 4.1 Inspection ' This material shall be inspected and tested in accordance with State of California Specification 8010-XXX-99, or as otherwise deemed necessary. 4.2 Sampling and Testing Unless otherwise permitted by the Engineer, the material shall be sampled at the place of manufacture and application will not be permitted until the material has been approved by the Engineer. 5.0 PREPARATION FOR DELIVERY 5.1 Packaging The sealant shall be prepared in a one package system ready for application. The material shall be furnished in container size as specified in the purchase order or .contract. If ordered in 5 ,gallon size the containers shall be new, round standard full open head with bails, shall be nonreactive with the contents, and shall have compatible gaskets. The containers shall comply with the U.S. Department of Transportation or the Interstate Commerce Commission regulations, as applicable. 5.2 Marking All containers of material shall be labeled showing State specification number manufacturers name, date of manufacture and manufacturers batch number. The manufacturer shall be responsible for proper shipping labels as outlined in Code of Federal Regulations, Hazardous Materials and Regulations Board, Reference 49 CFR. 29 Asphaltic Emulsion Inductive Loop Sealant 8040-41A-15 b.0 NOTES 6.1 Directions for Use Saw cuts shall 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 not recommended. Any clean up of road surface or tools can be done with water, before the sealant sets. 6.2 Patents The Contractor shall assume all costs arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the work, and agrees to indemnify and save harmless the State of California, and its duly authorized representatives, from all suits at law or .action of every nature far, or on account of, the use of any patented materials, equipment, devices or processes. b.3 Certificate of Compliance The manufacturer shall furnish a Certificate of Compliance with each batch of sealant, in accordance with the provision of Section b-1.07 of California Department of Transportation Standard Specifications, July 1992. 30 PROPOSAL FOR MODIFICATION OF TRAFFIC SIGNAL AND LIGHTING SYSTEM ON CHESTER AVENUE AT 4TH STREET To the City Clerk of the City of Bakersfield: The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract and the plans therein referred to; and he proposes and agrees if this proposal is accepted, that he will contract with the City of Bakersfield, in the prescribed form of contract hereto annexed, to provide all necessary machinery, tools, apparatus and other means of construction and to do all the work and furnish all the materials in accordance with the plans and specifications for the above, filed in the office of the Finance Director of the City of Bakersfield and as specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that he will take in full payment therefor the unit prices or lump sums set forth in the following schedule: The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within ten {10) days, not including Sunday, after having received notice that the contract is ready for signature, the proceeds of the check or bid bond accompanying his bid shall become the property of the City of Bakersfield. Bidder acknowledges receipt of the following addendum: The bidder .shall clearly list any and all addenda numbers receeved for the project above and on the lower left hand .corner of the sealed bid return envelope. Item ESTIMATED UNIT OF I'~ UNIT PRICE EXTENSION No. QUANTITY MEASURE {in figures} PRICE {in figures} 1. 1 LS Modification of Traffic Signal and Lighting System TOTAL BID $ Company Address City State Zip Code { ) Area Code Telephone Number License No. and Expiration Date SIGNED Bidder Page 1 of 1 THE REPRESENTATIONSMADE HEREIN ARE MADE UNDER PENALTY OF PERJURY. The Extension Price has been calculated by multiplying the Estimated Quantity by the Unit Price. In the case of lump sum items, the Estimated Quantity shall be unity. The Bid Total is the sum of all ' Extension Prices. Bidder agrees that in case of any discrepancy between the Unit Price(s) and the respective Extension Price(s) and/or the Bid Total, the Unit Prices} shall prevail,and the bid submitted shall be the correctly computed sum of all correctly computed Extension Prices, provided, however, if the amount set forth as a Unit Price is unintelligible or omitted, then the amount set forth in the Extension Price column for the item shall be used. to determine the correct Unit Price in accordance with the following: (1) As to lump sum items, the amount set forth in the Extension Price column shall be the Unit Price. s (2) As to unit basis items, the amount set forth in the Extension Price column shall be divided by the estimated quantity for the item and the price thus obtained shall be the Unit Price. LIST OF SUBCONTRACTORS All persons or parties submitting a bid proposal on the project shall complete the following form, setting forth the name and the location of the mill, shop or office of each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work or improvement in excess of one-half of one (1%} percent of prime Contractor's total bid, or TEN THOUSAND DOLLARS ($10,000), whichever is greater, and the portion of the work which will be done by each subcontractor. This list is to be completed and submitted with said bid. proposal. Subcontractor's Name Description of portion and Street Address (City, State, Zip} of work subcontracted (attach additional sheets if needed) NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID MODIFICATION OF TRAFFIC SIGNAL AND LIGHTING SYSTEM ON CHESTER AVENUE AT 4TH STREET d 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 f alse or sham bid, and .has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain .from bidding; that the bidder has not in any. manner, directly or indirectly, sought by agreement, 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 Subscribed and sworn to before me this_day of ,19~. To the State of California, Department of Transportation. NONCOLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) a In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price o~ 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, ar divulged information or data relative thereof, 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. NOTE: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. 34 Accompanying this proposal is (NOTICE: Insert the words "cash ($............),""cashier's check," "certified check," or "bidder's bond," as the case maybe), in amount equal to at least ten percent of the total of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: r Il1~.'ORTANT NOTICE If bidder or their interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last names in full. • ..............•.....••..........................................................................................................................................................•.................r....s.......• • • ..................................................................o......................................................•oe....................................................•..............................• Licensed in accordance with an act providing for the registration of Contractor's License No SIGN HERE Signature of Bidder NOTE--If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a copartnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the copartnership; and if bidder is an individual, his signature shall be placed above. If signature is by an agent, other than an officer of a corporation or a member of a partnership, a Power of Attorney must be on file with the City Clerk of the City of Bakersfield prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. Business Address • ......................................................o...........s...........•e.............................................................................•e.........•..............................• Telephone No. Place of Residence Dated 19..... 35 BIDDER'S BOND TO ACCOMPANY PROPOSAL (Not necessary if cash or certified check is with bid) KNOW ALL MEN BY THESE PRESENTS: THAT WE as principal, and as surety, are held and firmly bound unto the City of Bakersfield, a body olitic and corporate of the State of California, in the sum of dollars to be paid to said City, for which payments, well and truly to be made; we bind ourselves, our heirs, xecutors and administrators, successors or assigns, jointly and severally by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH: That if the certain proposal, hereunto annexed, to construct in the City of Bakersfield as referred o in the NOTICE TO CONTRACTORS attached hereto, is accepted by the Council of said City -and if the above ounden principal, .heirs, executors, administrators, .successors and. assigns, shall duly enter into and execute a contract, to nstruct said improvements aforementioned, and shall execute and deliver the two bonds required by law, within ten a s not including Sunday} from the date of a notice to the above bounden principal, that said contract is ready for y( xecution, then this obligation shall become null .and void, otherwise it shall be and remain in full force and effect. IN VIi~ITNESS WHEREOF, we have hereunto set our hands and eals this day of ,14 (Seal (Seal (Seal Page 1 of 2 36 G STATE OF CALIFORNIA ) ss. COUNTY OF ) On this- day of ,19_, before me, a notary public in and for the County of ,State of California, personally appeared personally known to me proved to me on the basis of satisf actory evidence to be the .person whose name is subscribed to the within instrument as the Attorney in Fact of and acknowledged to me that he/she subscribed the name of thereto as surety, and his own name as Attorney in Fact. IN VIi~ITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public in and for said County and State 1 SAMPLE SAMPLE AGREEMENT N0. MODIFICATION OF TRAFFIC SIGNAL AND LIGHTING SYSTEM ON CHESTER AVE AT 4TH STREET THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, referred to herein as "CITY" and ,referred to herein as "CONTRACTOR." RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of ;and WHEREAS, CITY desires to employ CONTRACTOR to as set forth herein. NOW, THEREFORE, incorporating the f oregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1.SCOPE OF WORK. The scope of work is described. as: The scope of work. shall include all items and rocedures necessary to properly complete the task CONTRACTOR has been hired to P perform, whether specifically included in the scope of work or not. The following shall be deemed to be part of this agreement as if fully set forth herein: 1. Notice to Contractors 2. Special Provisions 3. Bid Proposal 4. Bidder's Bond S. Performance Bond b. Material and Labor Bond 7. Letters of transmittal, if any 8. All .provisions required by law to be inserted in this contract whether . ctually inserted or not. 9. Hold Harmless Agreement 10. Current State of California DAS 140 Form (if required by Specifications} Z. COMPENSATION. CONTRACTOR shall be paid for services performed under this Agreement as follows: . The compensation set f orth in this paragraph a shall be the total compensation for the services provided by CONTRACTOR, including all out-of-pocket costs incurred. CITY shall pay no fee other than the compensation listed in this paragraph unless otherwise agreed to in writing by the CITY. 3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered of ter receipt of an itemized invoice f or the work completed and approved by CITY in accordance with the terms of this Agreement. Payment by CITY to CONTRACTOR shall be made within forty-five (45) days after receipt and approval by CITY of CONTRACTOR's itemized invoice. 4. WAIVER OF DEFAULT. The failure of any party to enforce against another a provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 5. ATTORNEY'S FEES. In any action arising from or related to the terms of this Agreement, the prevailing party shall be entitled to recover its attorneys' fees and court costs and other nonreimbursable litigation expenses, such as expert witness fees and investigation expenses, whether or not such action proceeds to judgment. 6. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession. 7. LITIGATION. In the event litigation is commenced involving this contract, CONTRACTOR, at the request of the CITY, shall assist CITY in the litigation. 8. STANDARD OF PERFORMANCE. All work shall be performed in conformity with all legal requirements and industry standards observed by a competent practitioner of the profession in California. 9. MERGER AND MODIFICATION.. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This contract may be modified only in a writing approved by the City Council and signed by all the parties. 10. EXHIBITS. In the event of a conflict between the terms, conditions or operations set forth herein and those in exhibits attached hereto, the terms, conditions, or specifications set forth herein shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. -39- 11. CUNFLICT OF INTEREST. CONTRACTOR stipulates that R corporately or individually, the firm, its employees and subconsultants have no financial interest in either the success or failure of any project which is dependent on the results of the studies prepared under this Agreement. 12. TERMINATION. This Agreement may be terminated by any party upon ten (10} days written notice to all other parties. 13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall f aithf ally observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations now in force or which may hereafter be in force. 14. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONTRACTOR as an independent contractor, and CONTRACTOR will not be considered an employee of the CITY f or any purpose and is not entitled to an of the benefits rovided by CITY to its employees. This Agreement Y p shall not be construed as forming a partnership or any other association vv~th CONTRACTOR other than that of an independent contractor. CONTRACTOR shall have no authority beyond that given in this Agreement to act on behalf of CITY as an agent nor to bind CITY to an obli ation not expressly authorized herein. Y g 15. INSURANCE. In addition to any. other form of insurance or bond re aired under the terms of this Agreement, the CONTRACTOR shall procure and q. maintain for the duration of this Agreement the following types and hmlts of Insurance, otherwise referred to as "basic insurance requirements": a. 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 Dollars ($1,000,000} per occurrence; and b. Broad f orm commercial 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 Dollars ($1,000,000} per occurrence; and c. Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000} per accident. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. This requirement may be waived at the CITY'S sole discretion. -40- All policies required of the CONTRACTOR hereunder shall be primary insurance as respects the CITY, its mayor, council, officers, agents, employees and volunteers and any insurance or self-insurance maintained by the CITY, its mayor, council, officers, agents, employees and volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it. The automobile liability policies shall provide coverage for owned, non-owned and 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 of the CITY, its mayor, council, officers, agents, employees and volunteers. The workers' compensation policy shall contain a waiver of subrogation endorsement in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. All policies shall contain the following endorsement: An endorsement providing the CITY with thirty (30) days' written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy: The insurance required under this .agreement shall be maintained until all work required to be performed under the terms of this agreement is satisfactorily completed as evidenced by f ormal acceptance by the CITY. All costs of insurance required under this agreement shall be included in the CONTRACTOR's bid, and no additional allowance will be made for additional costs which maybe required by extension of the insurance policies. The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance and, if requested, copies of endorsements or all insurance policies evidencing the insurance required under this Agreement. The CITY may withhold payments to CONTRACTOR if certificates of insurance, endorsements, or copies of policies required in this Agreement have not been provided. Any deductibles, self-insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement of the CONTRACTOR, must be declared to and approved by the CITY. L. However, unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth hereinabove shall be provided by or on behalf of all subcontractors even if .the CITY has approved lesser insurance requirements f or CONTRACTOR. CONTRACTOR shall be responsible for determining and guaranteeing all subcontractors are insured as set forth in this paragraph. -41- 16. INDEMNITY. CONTRACTOR shall indemnify, defend and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, for injury to or death of persons or damage to property arising out of, connected with, or caused by ` CONTRACTOR, CONTRACTOR's employees, agents, subcontractors, or independent contractors or companies in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder. Contractor's duty to defend includes the duty to pay all costs of defense including, but not limited to, reasonable attorneys' fees. 17. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and therefore shall not be construed against any party. 18. NOTICES. All notices relative to this Agreement shall be given in writing and shall be sent by certified or registered mail and be effective upon depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT 1501 Truxtun Avenue Bakersfield, California 93301 CONTRACTOR: 19. FORUM. Any lawsuit pertaining to any matter arising under, or growing out of, this contract shall be instituted in Kern County, California. 20. ASSIGNMENT. This contract shall not be assigned by any party, or any party substituted, without prior written consent of all the parties. 21. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns. 22. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. _42e 23. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to the costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the period of this Agreement, and after the term of this ` Agreement for a period of three years from the date of the final payment under this Agreement, and shall be made available to CITY representatives upon request at any time during regular business hours. 24. CORPORATE .AUTHORITY. Each individual executing this Agreement represents and warrants that he/she is duly authorized to execute and deliver this Agreement on behalf of the corporation or organization named herein and that this Agreement is binding upon said corporation or organization in accordance with its terms. 25. TAx NUMBERS. CONTRACTOR's Federal Tax ID Number Is CONTRACTOR a corporation? Yes_ No_. (Please check one.} ----------~o---------- -43- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. "CITY" "CONTRACTOR" CITY OF BAKERSFIELD By By BOB PRICE Mayor Title APPROVED AS TO FORM: JUDY K. SKOUSEN City Attorney By ROBERT M. SHERFY Assistant City Attorney APPROVED AS TO CONTENT: By RAUL M. ROJAS Public Works Director COUNTERSIGNED: By GREGORY J. KLIMKO Finance Director -44- GUARANTEE TRAFFIC SIGNAL EQUIPMENT CITY OF BAKERSFIELD Department of Public Works 1501 Truxtun Avenue, Annex Building Bakersfield, California 93301 A In accordance with the terms of Contract No, for: MODIFICATION OF TRAFFIC SIGNAL AND LIGHTING SYSTEM ON CHESTER AVENUE AT 4TH STREET awarded on ,between the City of Bakersfield (hereinafter referred to as the City), and the undersigned, which contract provides for the installation of li_ htin~ and/or traffic signal system _ _ _ _ ,and under which contract the undersigned has furnished and installed such system, the following guarantee of the said system is .hereby made. .Should any of the equipment installed pursuant to said contract, except .lighting elements, prove defective or should the system as a whole prove defective, due to faulty workmanship, material furnished, or method of installation, or should said system or any part thereof fail to operate properly, as planned, due to any of the above causes, all within (1} year after date on which said contract is accepted by the City, the undersigned agrees to reimburse the City, upon demand, for its expenses incurred in restoring said systems to the condition contemplated in said contract, .including the cost of any equipment or materials replaced, or, upon demand by the City, to replace any such equipment and repair said systems completely without cost to the City, so that they will operate successfully as originally contemplated. The City shall have the option to make any needed repairs or replacements itself or to have such replacements or repairs done by the undersigned. Prior to such replacement or repair work being done by the City, the undersigned shall have the option to make -any needed repairs or .replacements. In the event the City elects to .have said work performed by the. undersigned, the undersigned agrees that the repairs shall commence to be made and such materials as are necessary 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 within a reasonable period of time, as specified in the City's written notification. Said system will be deemed defective within the meaning of this guarantee in the event that they fail to operate as originally intended by the manufacturers thereof and in accordance with the plans and specifications included in said contract. Date Contractor's Signature Firm Address 45 GUARANTEE 1VIATERIAI. ANn woR~~~lvsH~ CITY OF BAKERSFIELD Department of Public Works 1501 Truxtun Avenue, Annex Building 1 Bakersfield, CA 93301 In accordance with the terms of the Contract for: MODIFICATION OF TRAFFIC SIGNAL AND LIGHTING SYSTEM ON CHESTER AVENUE AT 4TH STREET awarded on ,between the City or Bakersfield (hereinafter referred to as "City"}, and the undersigned, which contract provides for the installation ,and other f acilities and under which contract the undersigned has installed such facilities, the following guarantee of the said facilities is hereby made: When the project is completed and accepted, we guarantee the same to be free from imperfect workmanship and/or materials, and we agree to repair and/or replace at our own cost and expense, any and all such work, and/or materials which may prove defectivein workmanship or materials within a period of one (1} year from the date of acceptance of the above named construction project, ordinary wear and tear or neglect excepted. We also agree to repair and/or replace, at our own cost and expense, any work and/or materials that we may disturb or displace in making good such defects. Withintwenty-four (24} hours after being notified in writing by the City ar the City's representative, orthe agent of either of .them, of any defects in said work or materials, we agree to commence and prosecute with due diligence, all work necessary to fulfill the terms of this guarantee and to complete the work within a reasonable period of time, and in the event of our failure to so comply, we collectively and expressly do hereby authorize the City and/or the City's representative, or the agent of either of them, to proceed to have such work done at our expense and we will honor and pay the cost and charges therefor upon demand. This guarantee is made expressly for and runs to the benefit of both the City of the above mentioned construction project and the City's representative, and shall be enforceable by either of them. DATE Contractor's Name Authorized Signature 46 HOLD B[ARMLESS AGREEMENT CITY 4F BAKERSFIELD 1 IT IS HEREBY AGREED that , agrees to indemnify and hold harmless the City of Bakersfield, its agents, employees or any other persons against loss or expense including attorneys fees, by reason of the liability imposed by law upon the City, except in cases of the City's sole negligence, for damage because of bodily injury, including death at any time resulting therefrom, sustained by any person or persons, or on account of damage to property arising out of or in consequence of (Agreement name) IT IS FURTHER UNDERSTOOD AND AGREED that the Contractor shall (at the option of the City), defend the City of Bakersfield with appropriate counsel and shall further bear all costs and expenses, including the expense of counsel, in the defense of any suit arising hereunto. DATED Contractor's Name Authorized Signature 47 jTo be completed by the Contractor, if he elects to substitute securities in lieu of retention]. ESCROW AGREEMENT FOR t SECURITY DEPOSITS IN LIEU OF RETENTION THIS ESCROW AGREEMENT is made and entered into by and between whose address is hereinafter called "Owner", whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent". For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows. 1. Pursuant to Section 22200 of the Public Contract Code of the State of California, Contractor has the option to deposit securities .with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for in the amount of dated thereinafter referred to as the "Contract"). When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within ten X10) days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner. and Contractor. Securities shall be held in the name of ,and shall designate the Contractor as the beneficial owner. 2. The Owner shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent hold securities in the form and amount specified above. 3. Alternatively, the Owner may make payments directly to Escrow Agent in the amount of retention for the benefit of the Owner until such time as the escrow created hereunder is terminated, -1 .t 48 4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the escrow account. These expenses and payment terms shall be determined by the Contractor and Escrow Agent, 3' 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner, 6, Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven (7} days' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. 8. Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities. and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities. on deposit and payments of fees and charges. 9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections ~4} to ~6}, inclusive, of this agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notice or receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures, are as follows; On behalf of Owner: 0n behalf Contractor: Title Title Name Name Signature Signature Address Address _2_ 49 On behalf of Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. Owner Contractor Title Title Name, Name Signature ~ Signature -3- SO FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT, WHEREAS, the CITY OF BAKERSFIELD, California, a municipal corporation, hereinafter designated the "Owner," has, on DATE OF AWARD),19_, awarded to jNAME OF CONTRACT_OR), , a corporation organized and doing business under and by virtue of the laws of the State of California, hereinafter designated as the "Principal," a contract for the MODIFICATION OF TRAFFIC SIGNALAND LIGHTING SYSTEM ON CHESTER AVENUE AT 4TH STREET; and WHEREAS, said Principal is required under-the terms of said contract to furnish a bond for the faithful performance. of said contract; and NOW, THEREFORE, wE, the Principal, and CLEAVE BLANK FOR .BONDING COMPANI~, as Surety, are held and firmly bound unto the Owner in the sum of ..(100% OF AMOUNT AWARDED AT COUNCIL fVIEETING~ lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above mentioned Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the Owner, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain. in full force and virtue and Principal and Surety, in the event suit is brought on this bond, will pay to the Owner such reasonable attorney's fees as shall be fixed by the court. As a condition precedent to the satisfactory completion of the said contract, the above obligation in the said amount shall hold good for a period of one ~1) year .after the completion and acceptance of the said work, during which .time if the above mentioned Principal, his or its heirs, executors, administrators, successors, or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the said Owner from loss of damage made evident during said period of one year from the. date of acceptance of said work, and resulting from or caused by defective materials and/or faulty workmanship in the prosecution of the work done, the above obligation in the said amount shall remain in full force and .effect. However, anything. in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Principal remains. Page 1 of 2 51 And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. As a part of the obligation secured hereby and in addition to the amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Owner in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their seals this day of ,19_, the name and corporate seal of each corporate party being hereto affixed and these presents .duly signed by its undersigned representative, pursuant to authority of its governing body. Principal (Seal} Signature for Principal Title Surety (Seal) Signature for Surety Title (Attach notarization form for each required signature.} Page 2 of 2 52 MATERIAL -LABOR BOND ` KNOW ALL MEN BY THESE PRESENTS, THAT, WHEREAS, the CITY OF BAKERSFIELD, County of Kern, State of California, hereinafter designated the "Owner," has, on DATE OF COUNCIL MEETING) ,awarded to NAME OF CONTRACTOR) hereinafter designated as the "Principal," a contract for the construction of MODIFICATION OF TRAFFIC SIGNAL AND LIGHTING SYSTEM ON CHESTER AVENUE AT 4TH STREET. WHEREAS, said Principal is required to furnish a bond in connection and with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the .performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, WE, the Principal, and CLEAVE BLANK FOR BONDING COMPANY) , as Surety, are held and firmly bound unto the Owner. the penal sum of 50% OF AMOUNT AWARDED AT COUNCIL MEETING) dollars lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITLON OF THIS OBLIGATION IS SUCH, that if the above mentioned Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep :and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning,. and shall indemnify and save harmless, the Owner, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue and Principal and Surety, in the event suit is brought on this bond, will pay to the Owner such reasonable attorney's fees as shall be fixed by the court. As a condition precedent to the satisfactory completion of the said contract, the above obligation in the said amount shall hold good for a period of one (1) year after the completion and acceptance of the said work, during which time if the above mentioned Principal, his or its heirs, executors, administrators, successors, or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the said Owner from loss of damage made evident during said period of one year from the date of acceptance of said work, and resulting from or caused by defective materials and/or faulty workmanship in the prosecution of the work done, the above obligation in the said amount shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Principal remains. 53 And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. As a part of the obligation secured hereby and in addition to the amount specified therefor, there shall be included casts and reasonable expenses and fees, including reasonable attorney's fees, incurred by the Owner in successfully enforcing such obligation, all to be taxed as costs and included in .any judgment rendered. IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their seals this day of ,19_, the name and corporate seal of each corporate party being hereto affixed and these presents, duly signed by its undersigned representative, pursuant to authority of its governing body. Principal (Seal) Signature for Principal Title Surety (Seal) Signature for Surety Title (Attach notarization form for each required signature.) Page2of2 54 Ttiis form should be sent to the Joint Apprenticeship Committee of the craft or trade in the area of the site of the public work. If you have any questions as to the address of the appropriate PUBLIC 1NORKS Joint Apprenticeship Committee, contact the nearest office of AR D 1 N F~ R M ATI 0 N ~e DIVISIOn of Apprentlceshlp Standards (DRS). consult your CONTRACT AW alephone directory under California, State of, Industrial Relations, for the. DAS office in your area. NAME OF CONTAA~CTOA ~ CONTRACTOR'S STATE LICENSE NO. CONTRACTORS HALING ADDRESS - NUMBER b STREET, CRY, ZIP CODE ~ AREA CODE S TB.EPHONE NO. a WIME 8 LOCATION OF PUBLIC WORKS PROJECT OATS OF CONTRACT AWARD DATE OF EXPECTED OR ACTUAL START OF PROJECT NAME b ADDRESS OF PI~UC AGENCY AWAADWG CONTRACT ESTIMATED NUI~ER OF JOURNEYMEN HOURS APPRENTICES ' OCCUPATION OF APPRENTICE ( NUNBEA TO BE EMPLOYED APPROXWIATE DATES To 8E EMPLOYED ~ Check One Of The Boxes :Below: Box ~ We request dispatch of apprentices} for this job. We voluntarily choose to comply with the applicable Joint Apprenticeship Committee Standards for the duration of this fob only, in training the apprentices}. We assume no other obligations to the committee or unions under Stale or Federal laws. Box 2 We .request dispatch of apprentices} for. this jab. We do not wish to follow the applicable Joint Apprenticeship Committee Standards in training the apprentices; instead, we .agree to employ and train apprentice(s~ in accordance -with the California Apprenticeship Council regulations governing employment of apprentices.. on public work projects. We assume no other obligations to the committee or unions under State or Federa! laws. Bax 3 We are already approved to train apprentices by the applicable. Joint Apprenticeship Committee and we will Q . employ and tram under the Standards. _ Box 4 We do not request the dispatch of apprentice(s) since apprentices are not required on this job under the provisions of California Labor Code Section 1777:5, because: • Signature Typed Name Title Date State of California - Department of Industrial Relations ~~s Sao (New ~i9o~ DIVISION OF APPRENTICESHIP STANDARDS ~ , - i _ _ _ , t ~i ~I - _