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HomeMy WebLinkAboutReso 1952-1290 w! RESOLUTION NO. 1290 • RESOLUTION'APPROVIN G CONTRACT DOCUMENTS FOR CONSTRUCTION OF TRAFFIC SIGNALS AND • DIRECTING PUBLICATION OF ADVERTISEMENT FOR BIDS ' • • • THE CITY COUNCIL OF 'THEE,CITY OF C.HULA VISTA, CALIFORNIA DOES HEREBY RESOLVE AS,_FOLLOWS: That those certain 'cont'ract documents for the construction and installation r„o .i e LecttiF traffic signals' at National Avenue and "H” Sfreet, ,a 'copy" ..of which is attached heeeto and by this ` reference incorporated herein, be and the same are; hereby approved. That Herbert V. Bryant, Administrative Officer of the City of Chula Vista, be and he is hereby authorized and directed to S publish the Advertisement _for Bids, a copy of which is attached hereto, for the time and 'in the manner required by law. • • • p ' y ; �... ' 3 .- 4t g 4. . "1 ADOPTED AND APPROVE) by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 8th day of ,January , 1952 , by the following vote, to-wit: AYES: COUNCILMEN Riesland, Logan, DeWolfe, Hobel NAYS: COUNCILMEN None ABSENT: COUNCIDEN Kidder 9,,,,,,,,e, o i v'I of the City of Chula Vista ATTEST:c !%� i� ^4i- e--- City erk by Deputy STATE OF CALIFORNIA) COUNPY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, KENNETH P. CAMPRux,, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy 'of Resolution No. , and that the same has not been amended or repealed. DATED: , 195 . - City Clerk by Deputy tx ;!1 ■1 • CITY •OF CZ.ULA VISTA STATE 07 CALIFORNIA Specifications Special Provisions, Proposal And Contract • INDEX Suhjce Sheet PROPOSAL ItF.,Q IRE?TENTS 1, 2, 3 fiCoPr. OF wora CONTROL OF ViE WORK 5, 6, 7 CONTROL OT 1PEjIiIS 8 LEGAL 'RELATIONS AND RESPONSIBILITT3f,S • TO r.E3E PUBLIC 9, 10, 11 PROSECUTION AND PROGRESS 12, 13, 11 i!EASUREIENT AND PAYMENT 15, 16 SPECIAL PROVISIONS 17 MATERIALS 18 DESCRIPTION OF WORK 16 CONSTRUCTION DETAILS 19, 20, 21 PROPOSAL 22 BIDDER,S BOND 23 • AGREITTNT 24 25 BOND O AIT:D■UL PE:RFOR'it.r!CE 26 • BOND ?OR :MTERIAL AND LABOR 27 IJA RA NTIM 28 • . ?t SG 4, •r PROPOSAL REQUIREMENTS `+ E (a) General Information. The City Engineer of the City of Chula Vista, Calif- • ornia will receive at his office in the City Hall in said City, until 7 &clock P.M. e , ,...sled proposals for insta.uation of Traffic Signals on National Avenue at "H" Street. • (b) Examination of Plans, Specifications, Special Provisions, and Site of Work.-- The bidder is required to examine carefully the site of and the proposal, plans, specifications, and contract forms for the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be en- countered, as to the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, the special provisions, and the contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such ex- amination. (c) Proposal Form.--All proposals must be made upon blank forms to be obtained from the City Engineer at his office at 276 Guava Avenue, Chula Vista, California. All proposals must give the prices proposed, both in writing and figures, and must be signec by the bidder, with his address. If the proposal is made by an individual, his name and post-office address must be shown. If made by a firm or partnership, the name and post-office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the name of the state under the laws of which the corporation was chartered and the names, titles, and business addresses of the prey_ dent, secretary, and treasurer. (d) Rejection of Proposals Containing Alterations, Erasures or Irregularities. Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures; or irregularities of any kind, The right is reserved to reject any and all proposals. 10 • 11 �t .M r04 yT .'4 (e) Bidder's Guaranty. - All bids shall be presented under sealed cover and shall be accompanied by cash, cashier's check, certified check, or bidder's bond, made payable to the City of Chula Vista, foram amount equal to at least ten per- cent (10%) of the amount of said bid, and no bid shall be considered unless such cash, cashier's check, certified crrock,, or bidder's bond is enclosed therewith, (f) Award of Ccntracto->-The award of the contract, if it be warded, will be to the lowest reeporu ible bidder whose pr opesal complies with all the requirements described° The award, if made, will be made within thirty (30) days after the opening of the bids, All bids will be compared on the basis of the Engineer's estimate cam= quantities of work to be done ig) 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. 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 warded, shall be just cause for the annulment of the award and the forfeiture of the proposal.guarantya (h) Return of Bidder's Guaranties.—)Nithin ten (10) days after the award of the contract, the City of Chula Vista will return the proposal guaranties accompany- ing such of the proposals which are not to be considered in making the award, All other proposal guaranties will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accor*mpany° (i) Contract-Bonds.--The Contractor shall furnish two good and sufficient bonds, Each of the said bonds shall be executed in a sum equal to at least one-half of the contract prices One of the said bonds shall guarantee the faithful performance of the said contract by the Contractor; and the other of the said bonds shall be furnished as required by the terms of an act entitled; "An act to secure the payment of the claims of persons employed by con- tractors upon public works, and the claims of persons who furnish materials, sup- plies, teams, implements, or machinery used or consumed by such contractors in - 2 • 1x (Al •�'�* i the performance of such works, and prescribing the duties of certain public officers with respect thereto," approved ?:`ay 10, 1919, as amended° Form of bond required may he examined at the office of the City Engineer or copies will be furnished, if desired, to prospective bidders° 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 in- sufficient, or the City Council 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 re- quired, 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 Contrac- tor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished. -3 -- 4,k " V ; Zo. • SCOPE OF WORK Section 2Q (a) Work to be Do The work to be done consists of furnishing all labor, materials and processes, implements, tools, and machinery, except as other- wise specified,'which arc necessary and required to construct and put in complete order for use, traffic signals on National Avenue at "H" Street in the City of Chula Vista, and to leave the grounds in a neat condition. (b) Alterations. -Er mu'Aial consent in writing of the parties signatory to the contract, alterations or deviations, increases or decreases, additions or omissions, in the plans and specifications, may be made and the same shall in no way affect or make void the contract. (c) Extra Work.--New and unforseen work will be classified as extra work when such work cannot be covered by any of the terms of these plans or specifi- cations. (d) Obstructions,--The Contractor shall be responsible for any damage to utilities incurred by reason of the prosecution of this Contract° (e) Removal of Obstructions...-The Contractor shall remove and dispose of all structures, debris, or other obstructions of any character to the construction of the street or road, if and as required by the Engineer. The Contractor shall remove and dispose of all trees designated by the Engineer as obstructions to the proper completion of the work. (f) Final Cleaning Up.--Upon completion and before making application for acceptance of the work, the Contractor shall clean the street or road, borrow pits, and all ground occupied by him in connection with the works of all rubbish, excess materials, temporary structures, and equipment; and all parts of the work shall be left in a neat and presentable condition.. -4— ‘i3 t4) .ca , •,• • ONTIla, OF nE WORK Section 3. (a) Authority of ttl . Engineer—Mc Engineer shall decide any and all cuestions which may arise aF the quality or acceptability of materials furnishcd and work performed, and at. to tle manner o.:" performnce . no rate cf progress of the work; all questions which arise as tc the im-arpretation of the plans anc specifications; all queotJ.ons'as to tha acceptable fulfillment of the pontrect on the part of the ContraAoil and all questions es to claims ana compf,nsator, The Engineers decit::.on sh11 e rinal and hz, shall have executive aualcrt to enforce and Make efflo:dvo such decisions and orders as the Contractor Zails ' to carry out promptly (b) az..tror3.7.ed alterations affeAing the requiremsntr and ir . formation given on the cap:roled plans shall be in writin . No changes shall 1e made of any Plan or drawil.g cfter tle ...aria has boon approvnd b.),- the Engineer, ex- cept by direction of the :nglneer, Working drawings or laams for any stmcture rot included in the plans Axil- ' iShed by the Engineer sia.:1be approv by the Engineer before ::ny work involving thee plans shall be perftrme::., unless approval be we..ived in writh-g by the . Engineer. It is mut-daily agrnet , 1-cre,,er, Lpp:roval by the Engineer of the Con- . tractor's working plans cares not, relieve the Contractor of any resnsibility for accuracy of dimension, ar,i details, and that theconc,ractor shall oc ..cspons- ible for agreement and corformity of his working plane with the appolted plans and specifications. (c) Conformity with Phr.'. and Lilowable Davfa.sior, -Finished cl-.72aces in al_ cases shall conform wlta %.,he lines, gcadcs, cress-sections, and dimesions sho-m on the approved plans. !victims from the t_pproTarl plans, as may le reel-I:rad by the exigencies of constrution, will be de,ermince, all cases by ti-a EngAncez. and authorized ir (d) Coordination of PlacE, Specifications, and 3pccial Provisions, --TheFe specifications, the plaAs. spec a1 provisin,,, and LLII. supplementaxy dpc,imInts are essential paits of th: contract, and a rtquireme ooc=ing in on is binding as though occurrilg ill all, They arc in.K4nded to be cooperrtive, to scribe, and i;,-+ provLd( :or a doraple-*e Ivork. Plsr shall govvrn evr-r 13).1,ci7ic7ti.r)-1 .5 #' 4 4(0 special provisions shall ;ovi..rr. over both Specifications and plans., (e) Int*:rpretatio.i if Plans ar.u. ,=Lec ifications . •S.7ould it appear that tee work to be d me, or ar.y m;tte.c relative there'to, is not sufficiently detail ec: Dr explained in these sp,:cif. catton.s, plans, and tie special provisions, the Cor- tractor sha3? apply ',o h ..,ineer for such further explanations as may be r cessary, ;id shall con_f'or;., to such explanation or interpretation as part of th1 contact, .ao far as may b cc is::. teL:t with the intent of the original specifica- tions. 1: the k:,7e nt ;f d:'ub•2 or question relative to the true mea-ring of the spe.ific •.tions,, r^.f e? mr'ioe $hc JJ be male to the City Council, whose decision t i!r e-- on sha3i be final; In the event of any :isc'renanc,: osgeese•: a r drawing and the figures Twit t,_:n thereon, the figures :hart be taken. as core ectc (f) Superintendence. ni::cnever the Contractor its not present on any part of the work where it nay* be ice-sired to give direction, orders will be given by the r"ngineer in writing, and r hal i be received and obeyed by the superintendent or foreman in charge of the .,articular igJrk in reference erence to u hi ch orders are given. (g) Lines and {trades O— .l distances and measurements are given and will IJo made in a horizontal plane, "rndes are given from thFe top of stakes or nails, unless other—wire noted on the Three consecutive points shown on the s,:n e rate of sloe must be used in common, in order to ele tec° a3':7 variat:_on from, _. straight grade, and in case any such discrepancy exists, it r is be ip oT1 e d the ;rF )r G a r such I adiscre- pancy is not reported to tze Ecginver, the Contractor shall be responsible for any error in tEe finished The Contr€_etch shall ;i-:, Y,t lc•aFt 2i_. hou:'."sR notice in writing mien he will require the services c th;.s 1:.,Ei r ser L rr any portion of t;z vor .. Tha Contractor shall furnish tle ngineor such L; c:_1ities a.'7TJ l bor n:acessary .;'or marking and mai ntc ini g p rots :rid '.in.°: as he may require,, Labor furnished t.7 the Contractor for such pl cpcssf will be paid for as Ext, a i''oi The Contractor shall Jre :?'rre c.l_ S taka. and paints s� t , ry r ce y or measurements of the 1 o! c in their ` S ocy aLthorind to remove i.rhEs by the Engineer.o All expnnses incurred in x ep::r.cin; c tcsf:es that h;?era been re ;vac: without proper authority saili be psis by this Centrac i oc`; 1 4•u 40. ja ,t i 'fir VA - ++ '"`d a• (h) Inspection --The Engineer shall at all times have access to the ror•k during construction, and .hall he furnished with every reasonable facility fcr, ascertaining full knoSd7ed ,e rs sp.Ic't.ing the progress, work.manship, and charact,=r of materials used and employed in the work., Whenever the Contractor varies the period during which work is carried on each day, he shall give di.e notice to the Engineer, so that proper inspection may be provided. Any work dor:R in the absence of the Engineer will be subject to rejection, The inspection of the work shall not relieve the Contractor of any of his obligations to fulfil) :;hc contract as prescribed. Defective work shall he made good, and unsu..taole maze.ials may be rejected, notwithstanding the fact that such defective work and unsuitable materials+_s have oAen previously overlooked by the Engineer and accepted or estimated for payment, Projects financed In whole or in part with state funds shall be subject to inspection at call times b;, the Director of Flcbi_i c Works, or his ag:.nts. (1) Removal of Defective and Unauthorized Work-—All v.ork which is defecti.vc in its construction or deficient in any of the requirements of these specifica- tions shall be remedied,. or removed and replaced by the Contractor in any accep- table manner, and no conpensatiarl will be allowed for such correction. Any work dons beyond the lines and grades shown on the plans or established by the Engineer, er any extra work done without written authority, will be con sidered as unauthorized and will not be paid for. Upon failure on the p rrt of the Contractor to comply forthwith with any order. of the Engineer made under the provisions of this article, the Engin.ler shall have authority to cause defee.tive work to be remedied, or removed and replaced, and un- authorized 'ark to be removed. 4nd to deduct the costs ther of from any moneys du or to become dte the Contractor. (j) Final Inspection -'4hhen vsr the work provided and contemplated by tho con - tract shall have beet. nst_ijfac Lorily nompl.etrd and the final cleaning up performed, the Engineer will make the finial. inspection, 7 L n It • CONTROL, OF 'MATERIALS Section 4„ • (a) Samples and Tests -..At the option of the Engineer, the source of sup- of ply of each4the materials shall be approved by the Engineer before delivery is started and before such material is used in the work. Representative prelimi- nary 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 accord- . ance"w.ith commonly recognized standhrds of national organizations, and such spe- cial methods and tests as arc prescribed in these specifications. The Contractor shall furnish such samples of materials as are requested by the Engineer, without charge. No material shall be used until it has been ap- proved by the Engineer. Samples will be secured and tested whenever necessary to determine the quality of material, (b) Defective Materials - All materials not conforming to the requirements of these specifications shall be considered as defective, and all such materials, whether in place or not, shall be rejected and shall be removed immediately from the site of the work unless otherwise permitted by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used until approved in writing by the Engineer. Upon. failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this article, the Engineer shall have auth- ority to remove and replace defective material and to deduct the cost of removal and replacement from any moneys due or to become due the Contractor. • t • V L GAL IMA7.1.0NS AJ:f? USPONS DILI' IES T) TAP PUBLIC (a) 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 re- gulations of the City of Chula Vista which in any manner affect those engaged or em- ployed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. (b) Alien Labor._ The Contractor shall forfeit as p nalty to the City of Chula Vista Ten Dollars (ti;10) for each alien knowingly employed in the execution of the contract, by him or by any subcontractor under him , on any of the work herein men- tioned, for each calendar day, or portion thereof, during which such alien is permitted or required to labor in violation of the provisions of the Labor Code and in particu- lar, Sections 1850 to 1854 thereof, inclusive, (c) Hours of Labor..--The Contractor shall forfeit, as penalty to the City of Chula Vista, Ten Dollars ($10) for each laborer, workman, or mechanic employed in the execution of the contract by him, or by any subcontractor under him, upon any of the work herein mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of the provisions of the Labor Code, and in particular, Sections 1810 to 1816 thereof, inclusive. (d) Labor Discrimination.--No discrimination shall be made in the employment of persons upon public works because of the race, color or religion of such persons and every contractor for public works violating this section is subject to all the penal- ties imposed for a violation of Chapter 1 of Part VII, -in accordance with the provisions of Section 1735 of the Labor Coder (e) Prevailing Wage.---The Contractor shall forfeit as penalty to the City of Chula Vista, Ten Dollars WO) for each laborer, workman, or mechanic employed, for each calendar day or portion thereof, such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinafter stipulated for any work done under the attached contract, by him, or by any subcontractor under him, in viola- tion of the provisions of the Labor Code, and in particular, Sections 1770 to 1781 thefof, inclusive. The City Council has ascertained the general prevailing rate of wages applicable to the work to be done to be as follows: Carpenter $ 2.35 per hr. Cement Finisher 2.38 per hr. Electrical Worker 4Z...747 •2.625 per hr. Laborer 1.75 per hr. 9 , ( k) Responsibility for Damage.-•--The City of Chula Vista, the City Council, or the Engineer shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof; or for any material or equip- ment used in performing the work; or for irsury or damage to any person or persons;. either workmen or the public; for damage to adjoining property from any cause whatso , ever during the progress of the work or at any time before final acceptance. The Contractor shall indemnify and save harmless the City of Chula Vista, the City Council, and the Engineer from any suits, claims, or actions brought by any per - son or persons for or on account o." any injuries or damages sustained or arising in the construction of the work or in consequence thereof. The City Council may retain so much of the *coney due the Contractor as shall be considered necessary, until dis- position has been made of such suits or claims for damages as aforesaid. (1) Contractor's Responsibi2 ty for Work-=Except as provided above, until the formal acceptance of the work by the City Council, the Contractor shall have the chore and care thereof and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execu- tion or from the non- execution of the worn. The Contractor shall rebuild, repair,, restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and snail bear the expense thereof, except such injuries or damages occasioned by acts of the federal government or to public enemy. (n.) No Personal Liability,--Neither the City Council, the Engineer, nor any othe_ officer or authorized assistar or agent snail be personally responsible for any liab- ility arising under the contract . (0) Responsibility of City.--The City of Chula Vista shall not be held' respon„ib e for the care a:_° protection of any a ter°ial or parts of the work prior to final ac(nep-- tance, except as expressly px avidac in these specifications, ('= ) Fire Hydrants„->-Free access shall be provided to all fire hydrants at all times. The Contractor shall not draw any water from a fire hydrant for use on the work, other than for extinguishing fire, without first obtaining permission from the water company concerned- 21 r. V 48 R fi (e) Domestic Materialso--,Only such unmanufactured articles, materials, and sup- plies as have been miner; or produced in the United States, and only such manufactured articles, materials and supplies as have been manufactured in the United States, sub" stantially all from articles, materials, and supplies mined, produced, or so manufac"- tuned, as the case may be, in the United States, shall be used in the performance of the contract i4 accordance with the provisions of an Act entitled: "An act to require the use of materials and supplies sub- stantially produced in the United States, in public works and for public pi poses," Chapter 226, Statutes of 19330 Any person, firm, or corporation who fails to comply with the provisions of the act shall not be awarded any contract to which the act applies for a period of three years from date of violation, (f) Registration of Contractors.--Before submitting bids, contractors shall be licensed in accordance with the provisions of Chapter 9 of Division III of the Busi- ness and Professions Code, (g), 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 %ark. (h) Patents. --The Contractor shall assume all responsibilities arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the work, (i) Public Convenience and Safety.--The Contractor shall so conduct his operation; as to cause the least possible obstruction and inconvenience to public traffic. Unless other existing streets are stipulated in the special provisions to be used as detours, all traffic shall be permitted to pass through the work. Residents along the road or street shall be provided passage as far as practicable. Convenience: access to driveways, houses, and buildings along the :goad or street shall ba maintained and temporary crossings shall be provided and maintained in good condition. Not more than one cross or intersecting street or road shall be closed at any one time without the approval of the Engineer, The Contractor shall furnish, erect, and maintain such fences, barriers, lights, and signs as are necessary to give adequate Yarning to the public at all times that the "oad or street is under construction and of any dangerous conditions to be en- countered as a result thereof, and he shall also erect and maintain such yarning and a .).11 V a V , — - ( k) Responsibility for Damage. -The City of Chula Vista, the City Council, or the Engineer shall not be answerable ar accountable in any manner for any loss or damage that may happen to the work or any part thereof; or for any material or equip- ment used in performing the work.; or for irjury or damage to any person or persons, either workmen or the public; for damage to adjoining property from any cause whatso- ever during the progress of the work or a any time before final acceptance. The Contractor shall indemnify and save harmless the City of Chula Vista, the City Council, and the Engineer from any suits, claims, or actions brought by any per - son or persons for or on account o2 any injuries or damages sustained or arising in the construction of the work or in conseqoence thereof. The City Council may retain so much of the money due the Contractor as shall be considered necessary, until dis- position has been made of such suits or claims for damages as aforesaid. (1) Contractor's Responsibiiaty for Work --Except as provided above, until the formal acceptance of the work by the City Council, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execu- tion or from the non-execution of the work. The Contractor shall rebuild, repairt restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes before final acceptance and shall bear the expense thereof, except such injuries or damages occasioned by acts of the federal government or t4p public enemy. (T) No Personal Liability,--Neither the City Council, the Engineer, nor any othoc officer or authorized assistars or agent shall be personally responsible for any liab. ility arising under the contract, (0) Responsibility of City.--The City of Chula Vista shall not be held' responsiblo for the care ar protection of any alaterial or parts of the work prior to final accep, tance, except as expressly provide in these specifications. ('. ) Fire Hydrants Free access shall be provided to all fire hydrants at ail times. The Contractor shall not draw any water from a fire hydrant far use on the work, other than for extinguishing fire, without first obtaining permission from the water company concerned 11 ,s PROSEtUTTONI) PP'OGIESS Section 6. (a) Subletting and Assignment.--The Contractor shall give his personal attention to the fulfillment of the contract and shall keep the work under his control. Subcontractors will not be recognized as such, and all persons engaged in the work of construction will be considered as employees of the Contractor, and their work shall be subject to the provisions of the contract and specifications. Where a portion of the work sublet by the Contractor is not being prosecuted in a manner satisfactory to the City Engineer, the subcontractor shall be removed irnme. diatel.j on the requisition of the City Engineer and shall not again be employed on the 'fork. The contract may be assigned only upon written consent of the City Engineer. (b) Progress of the Work and Time for Completion.-.The Contractor shall furnish evidence to the City Engineer within ten (10) days after receiving notice that the contract has been approved of the ordering of all necessary materials and equipment not in stock and shall commence work within forty (i0) days after such contract, and shall diligently prosecute the same to completion before the expiration of sixty (60) consecutive days from the date of said approval. (e ) Charcter of Workmen.--If any subcontractor or person employed by the Con- tract' r shall fail or refuse to carry out the directions of the Engineer or shall ap- pear to the Engineer to be incompetent or to act in a disorderly or improper manner, he Mall be discharged immediately on the requisition of the Engineer, and such person shall not again be employed on the work. (d) Temporary Suspension of fork.-'The Engineer shall have the authority to sus- pend the work wholly or in part, for such period as he may deem necessary, due to un- suitable 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 necessaryb. due to the failure on the part of the Contractor to carry out orders given, or to perform any provisions of the work. The Contractor shall immediately obey such order of the Engineer and shall not resume the work until ordered in writing by the Engineer. (e) Time of Completion and Liquidated Damages.--It is agreed by the parties to the contract that in case all the. work called for under the contract is not Completed be- fore or upon the expiration of the time limit as set forth in these specifications, damage will be sustained by the City of Chula Vista, and that it is and will be im- practicable to determine the actual damage which the City will sustain in the event -12- r •=r � a' A% art of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City of Chula vista, '.he sum of Twenty-five Dollars ($25.00) per day for each and every days delay beyond the time prescribed to complete the work; and the Contractor agrees to pay such liquidated damages as herein provided, and in case the sane are not paid, agrees that the City of Chula Vista may deduct the amount thereof from any money due or that may become due the Contractor under the ccntracta It is further agreed that in case the work called for under the contract is no finished and completed in all parts and requirements within the time specified, the City Council shall have the right to extend the time for completion or not, as may seem best to serve the interest of the City: and if it decides to extend the time lim't for the completion of the contract, it shall further have the right to charge to the Contractor, his heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, except that the cost of final surveys and preparation of final estimate shall not be included in such charges° The Contractor shall not be assessed with liquidated damages nor the cost of en- gineering and inspection during any delay in the completion of the work caused by acts of God or the public enemy, acts of the City, fire, floods, epidemics, quarantine re- strictions, strikes, freight embargoes, and unusually sever weather or delays of sub- ' contractors due to such causes; provided, that the Contractor shall within ten (10) days from the beginning of any such delay notify the Engineer in writing of the causes of delay, who shall ascertain the facts and the extent of delay, and his findings of the facts thereon shall be final and conclusive (f) Suspension of Contract, --.If at any tine in the opinion of the City Council the Contractor has failed to supply an adequate working force, or material of proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing will be served upon him, and should he neglect or refuse to provide means 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 / 3 ' tO. A 414;v power to suspend the operation of the contract. Upon receiving notice of such sus- pensionp the Contractor shall discontinue said work, or such parts of it as. the City council may designate Upon such suspenaion, the Contractors control shall terminate, and thereupon the City Council or its duly authorized representative may take posses- sion of all or any part of the Contractors materlals, tools, equipment; and appliances upon the premises; and use the same for the purpose of completing said contract, ard hire such force and buy or rent such iodditional materials and supplies at the Contrac- tor's expense as may be necessary for the proper conduct of the work and for the com- pleticn thereof or may employ other parties to earry the contract to completion: em- ploy the necessary worlonen, substitute other machinery or materials, and purchase the materials contracted for, in such manner as the City Council nay deem proper; or the City Counoil may annul and canzel the contract and rclet 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 he liable therefor, In the econt of such suspension, all money duo the Contractor or retained under the terms of this ccn- tract shall be forfeited to -the City; but such forfeiture will not release the Contrac- tor 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 cottract price, arising from the suspension of the operations of the contract and the completion of the work by the City as above prevideeL and the Contractor will be so credit e with any surplus remaining 71fLer all just claims for such completion have been paidl. in the determination of the question yeoether taere has been any such non-somplioncs with the contract as to warrant the stspension or aorulment thereof, the decision of the City Council shall be binding on all parties to the contract, (g) Right of Way,--The right of way fir the work to be constructed will be provideo 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 /y( t,N• MEASUEMENT AND PAYMENT ::ectiolA 7, (a) Extra and ?<Tee Account 'Aork --Extra work as hereinbefcre defind, ahem dered and accepted, 1,hall be paid Per under a written work : rder in accordance with he teroP therein p-ovided Pa-Trent for extra work will be made at the unit price Or lump sum previousl agreed upon by -,he Contractor and the Engineer; or by force account If the work is done on force accoont the Contractor shall receive the actual cost of all materia7.5 furnished by bin as shown by his paid vouchers, plus fifteen per cent (j5%) and Co: all labor, equipment and teams that are necessary he shall receive the current pries in the locality, which shall have been previouariy determined. and agreed to *.ri wrLirg by the Engineer and by the Contractor, plus fifteen per cent (15%,; pro- vIded„ however, that the City reserves he right to furnish such materials required as it deens expedient, and the Contractor shall have no claim for profit on the cost of such materials, The price paid :*or labor shall include any coAlpensation insurance paid by tho Contractor. All extra work and force account shall be adjusted daily upon report sheets., pre- pared by the Engineer, furnished to the Contractor and signed by both parties, which daily reports shall thereafter be coLsidered the true record of extra work or fere cc , count work done (b) Progress Paymcnts --Th-., City !than, once in each month, cause an estimate in writing tc be made by the City Engineer of tin total amount af ;Tork derr' and the accep- table materialls furnished and deli-scrod. by the Contractor the ground and not used, to the time of such estimate, ar,.; the 7aluc thereof, The City of Chula Vista shall re tain ten per cent (10%) of such cstie.aed value of the work done and fifty per cen't (50%) of the value of the materials so estimated to have been fulhished :.nd delivered and unused as aforesaid as part veci;riy for tne fulfillment of the cuntr:Aci- by the Contractor, and shall monthly pa 4 V"P Contractoi, while crying on the livork tilo balance not retained, as aforesafd, deductint, the ell praviocs paymr,nts and all sums to be ithpt or retained nh-r the provf.eions of the cantract. fo such ( ,,,- timato or payment snail he req,Zrted to be brad.,, rhen; in the juagement of The City T..ngineel , the work is nc;':. proc,!cr,inif, pc,xrdanc: vith the orovisions cf centr; ot, or when is his judgment ti,e tot E: 1:7,112 of :hi; work do:i ine 'last anLL1i„, to :less than three hu:..drld do -• 10:7<r. .;1 • • (c) Final Ply-mi.s.nt-- The City Enpineer shall, after th-t ccmpletion ci the contract. :ka5..1 a final et mate of the amount ef work don e. therounde.r, and the value of su :h wor' ,nd the City of hula Vista shall pay the entire sum so fuuud to be due after deductin; therefrom alI :revious payments and all amounts to be kept and all amounts to be re- tained under Lhe provisions of the ccmtract All prior partdal estimates and pannts shall be suect to correction in the final estimate and payment- The final payment shall mt .;(1, due and payable unuil thn expiration of thirty-Zive c35) days from z3: acceptance of the work Ly thn City Coonfdlc It is mutually ag:~eod betc:can tint- parties to the contmet that no certifi,mtc in or payments made under th c. contract, exce7t the, final c'ertificate or final pay- ment, shall be conclusive evidence, of the performance of thl, contract, either wholly or in parts against any claim of the party of the firt part, and no paymnnt shall be construed to be an acceptance of any defective work or improyer .matorialc And the Contractor further agree,. that the payment of the final amount due under the contract, and the adjustment and r.ayment for any work done in accordance with any alterations of tiny same, shall re:ease the City of Chula Vista, the City Council, and the Engineer from any and all claims cr liability on account of work performed under the contract or any alteration thereof- - : • • SPECIAL r-iiOLF.ISIONS The work embraced herein shall be done in accordance with the appropriate provisions cf construction details, Section 10 to Section 66, inclusive, of the Specifications entitled "State of California, Department of Public Forks, Divi- sion of Highways, Standard Specifications, January, 1949" insofar as the same may apply, and with "State of California, Department of Public works, Division. of Highways, General Specifications for Electric Traffic Signals and Highway Lighting Sys;eme, dazed July 18 1951, which specifications are hereinafter referred to as the St^ndarr Spaczxl.cations, and in accordance with the following special provisions, Whenever in the Standard Specifications the following terms are used, they shall be understood to mean and refer to the following: Department of Public Works, or Division of Highways,--City P,ngineering Dept- Director of Public Works==-The City Engineers .engineer--The ^ngineer, acting either directly or through properly authori- zed agents, such agents acting within the scope of the particular duties entrusted to there, Laboratory= -she designate(' Laboratory authorized by the City of Chula Vista to test materials and work involved in the contract. State—Tha City of Chula Vista. Other terms appearing in the Standard Specifications, the general provisions, and theee special provLsions, shall have the intent and meaning specified in Section 1, Definition of Terms of the Standard Specifications In case of conflict between the Standard Specifications and these special previsions, the special provisions shall take precedence over and be used in lieu of such conflicting portions The Contractor shall be responsible for locating all existing underground water mains, gas mains, power lines, telephone conduits and all other underground obstructions at the signt of the work, The controller and controller cabinet Type G-2 shall be General Electric or equal. -17- ,, VATER IA LS Section 10. ', V The Contractor shall furnish for use under these special provisions all materials required to complete the attached contract. SRS D&SCRIPTION OF WORK • r� 4 Section 110 • The work to be done includes the installation of Traffic signals at National k Avenue and i41V Street the City of Chula Vista and appurtenances conplete and ready for operation. This wwbrk Includes all fixtures, control cabinets, conduit, wire, cable and the replaceient of the pavement, and any other existing improvements in a condition equal' to or better than the present conditions, as shown on plans • and as specified in the General Specifications and as directed by the !;ngineer, and shown on Sheet Igo. 51-32L and the State of California, Department of Public Works, Division of Highways, Standard Details for traffic signals and highway lighting installations° • s '\ .\; ') • .S 4 d • .18 • I T . \ ''- \ ^1 L t, SECTION 12: CONSTRUCTION DETAILS SPECIFICATION CONSTRUCTION CONCRETE ,CURB, GUTTER & WALK a, Descript .ont, Concrete curbs, gutters and walks shall be constructed as shores on the plans. `, b. Concrete, Concrete shall be a mixtuz`• of Portland cement; sand and rock; in the proportions of one (1) part cement, trro and one -half (2-1)') parts sand, and three and one-half (3i) parts rock; by volumetric measure. The amount of water used shall bo the minimum amount required to produce a stiff, plastic mixture, having a maximum slump of four (1k) inches. c, Mixing, Mixing shall be done in a batch mixer of approved Type, and each batch S shall be mixed for not less than sixty 60) seconds after all ingredients are in the mixer. d, Pouring. Pouring of concrete for gutters shall be 'done before the concrete in the curbs has attained the final, set. Concrete shall be spaded and tatped, e0 Expansion Joints. Expansion joints shall be constructed with expansion joint filler at the beginning and end of all returns at twenty (20) feet therefrom, and at fifty (50) foot intervals thereafter. Expansion joints shall, extend through both cure and gutter, f. Finish, The top and face of the curb and the top of the walk shall be given a smodth trowel finish. The gutter shall be given a float finish. The walk shall be brushed with a fine hair brush, g, Marking: The curb, gutter and walk shall be marked off into blocks not more . than five (5) feet in length. h, Curing, An approved colorless liquid ne brane shall be applied to the slur.fa:c of the curb; gutter and walk by a spray nozzle at the rate of one (1) gallon par 200 sq., ft. 19 CONSTRUCTION DETAILS SPECIFICATIONS PORTLAND CEMENT CONCRETE a. Description, Portlanc cement concrete shall be composed of Portland Cement, sand, rock and water, proportioned ens herein specified. b. Proportioning. The dry ingredients shall be proportioned, by volumetric mea- sure, as follows: Portland cement one part Sand two and one-half parts Rock Three and one-half parts except in such places as may definitely be shown otherwise on the drawings, In the latter case, the requirements set forth in the drawings shall be fulfilled. c. Water. The amount of water required for the proper consistency of concrete, shall be determined by means of the slump test. Unless definitely shown otherwise on the drawings, the allowable amount of slump shall be as follows: Concrete paving, (gutters, curbs, walks, etc . ) - not over 2 inches, Reinforced concrete structures (heavy sections) - not over 3 inches Plain concrete structures (heavy sections) ® not over 3 inches. Reinforced concrete structures (thin sections) - not over Jj inches. (columns and light wal:.s) d. Measuring. The methoc:s of measuring the concrete materials shall be such that the proportions can be accurately controlled and easily checked at any time during the work, and shall at all times be subject to the approval of the supervising engineer, e. Mixing, All Portland cement concrete shall be mixed in batch mixers of ap- proved type, except when the quantity required is too small to justify the use of a batch mixer. The concrete shall be mixed until there is a uniform distribution of the materials and shall be discharged completely before the mixer is recharged, The mixer shall be rotated at a speed recommended by the manufacturer and mixing shall be contin- ued for not less than sixty (60) seconds after all ingredients are in the mixer, before distribution of the materials in the mixer after sixty seconds of mixing, the mixing shall continue until the distribution is uniform, If transit-mixing equipment is used., all concrete mixed therein shall be agitated con- tinuously until discharged from the drum, but in no case shall this mixing be p;•.rmitted to exceed one (1) hour after the introduction of the mixing; water to the batch, Ln interval of more than forty-five 0 ) minutes between and two consecutive batches or loads or a delivery rate of less than eight (8) cnbi c y arde, or a placing rate of less than eight (8) cubic yards per hour, except in small or discontinous structures, shall constitute cause for shutting c'own of th*! 'iork for the remainder of the day, and if so Pe) CONSTRUCTION DETAILS ordered by the Engineer, the Contractor shall make, at his own expense, a construction joint at the location and of the type directed by the Engineer in the concrete already placed. All concrete from central -mixing plants shall be remixed to proper workability at the point of delivery on the work The haul time limit for concrete from central mixing plants shall not exceed thirty (30) minutes- f, Admixtures. To prevent segregation and improve the workability of the concrette . admixture3 will be permitted, provided the admixture material proposed shall first be approved by the Engineer and the proportions of admixture to be used shall be fixed by him, Admixtures shall not be used without the written permission of the Engineer or uniiss elsewhere specifically provided for in these specifications or in the special p .visions. Admixtures shall not be used to replace cement Admixtures, if used with concrete, will ba furnished and used at the Contractors ex- pense, and no additional allor-ance will be made therefor. „ c r i IY h♦ { __CITY OF CHULA VISTA PROPOSAL OR BID Date: 19510 TO THE HONORABLE CITY COUNCIL OF THE CITY OF CHULA VISTA OF THE COUNTY OF SAN DIEGO OF THE STATE OF CALIFORNIA In compliance with the Advertismment for Bids, a copy of which is hereto attached, the undersigned, having carefully examined the location of the pro- posed work, and the Plans Noo "51-32L and Standard Details and Specifications therefor, prepared by the City Engineer of the City of Chula Vista, do/does hereby agree to furnish all labor and materials to complete, ready for use, in adcordance with said plans and specifications, the traffic signals at National Avenue and "H! Street for the lump sum price of words ($ ) figures The undersigned further agrees that if he is notified of the acceptance of this proposal within ten (10) days from the time set for the opening of the bids he will execute and deliver to you within five (5) days after having received written notification, a contract as called for in the notice to Contractors and to complete the contract in sixty (60) calendar days from and after date of ex. ecuting thr; contract. The undersigned further agrees that the enclosed certified or cashier's check or Bidders, Bond payable to the City Clerk of the City of Chula Vista, in the ariount of ten percent (10%) of the total bid or bids which the undersigned has submitted shall be forfeited in case he fails to execute and deliver the contract as called for. Any alteration or addition to form of proposal, which qualifies the bid, will invalidate saris o Contractor's Incense No„ , issued on �, hai not been revokedb Signed this day of , 19 Contractor Address and Telephone Number. -22- S* aw M ., eJ • k l i, a• • 't V r! BIDDER3S BOND TO ACCOMPANY, PROPOSAL Know all men by these presents. That we, •_ , as principal., and , as surety, are held and firmly bound unto the City of Chula Vista in the sum of Dollars ($ ) to be paid to the City of its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF TIIS OBLIGATION IS SUCH, That if the certain proposal of the above bounden to construct a traffic signal at the corner of National Avenue and "H" Street, dated , is accepted by the City of Chula Vista, and if the above bounden his hers, executors, administrators, successors and assigns, shall duly enter into and execute a contract for such construction, and shall execute and deliver the two bonds described within ten days (not including Sunday) from the date of the mailing of a notice to the above bounden by and from the said City of Chula Vista that said contract is ready for execution, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue, IN WITNESS WHEREOF, We hereunto set our hands and seals this DAY OF , 19 . -�3— A h e. AGRFEI,'!ENT CITY OF CHuLA VISTA, CALIFORNIA • This agreement, made and concluded this day of , between the City of Chula Vista, party of the first part, and Contractor, party of the second part. Article I-®Witnesseth, That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the said party of the first part, and under the conditions expressed in the two bonds, bearing even date with these presents, and hereunto annexed, said party of the second part agrees with the said party of the first part, at his own proper cost and expense, to do all the work and furnish all the materials necessary to complete in a good, workmanlike, and substantial manner, one traffic signal at the corner of National Avenue and "H" Street, in accordance with the special provisions thereof, and also in accordance with the specifications entitled "State of California,. Depart- ment of Public Works, Division of Highways, Standard Specifications, January, 1949", and "General Specifications for Electric Traffic Signal and Highway Lighting Systems, July 1, 1951", which said special provisions and standard specifications are hereby specially referred to and by such reference made a part hereof. Said work to be done is shown upon the following plans; 51-32L - Traffic signals at National Avenue and "H" Street, and State of California, Department .of Public Works, Division of Highways, Standard Details for traffic signals and highway lighting installations, which said plans are hereby made a part of this contract. Article II--And the said Contractor agrees to receive and accept the follow- ing sum as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the work aforesaid, or from the acts of the elements, or from any unforseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City of Chula Vista and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and requirements of the Engineer under them, to wit: o ds • figures Article III--The said party of the first part hereby promises and agrees with the said contractor to employ, and does hereby employ the said contractor to pay the same at the time, in the manner, and upon the conditions above set forth; and the said parties for themselves,, their heirs, executors, administra- tors, successors, and assigns, do hereby agree to the full performance of the covenants herein containede Article IV--it is further expressly agreed by and between the parties here-. to that should there be any ^enflict between the terms of this instrument and the bid or propesai of said contractor; then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflict zng herewith„ In Witness '.'/hereof, the parties of these presents have hereunto set their hands the year and date first above writtene CITY OF CHULA VISTA, CALIr! JRNIA ATTEST: By _ _ �ayarp party of 1h�� f i�s parY.ar_r�-_�.a Ca;y C erk .of the City of Chula Vista, California, Contractor, party of the second part, • • • 25 t� L or tt` • �. BON") OF FAITHFUL PERFORMANCE KNOW ALL ITN By 'Itiri_ E .i't 75::;'JTS, That I/We ____.�___._ _ } the Contractor in the contract hereto annexed, as principal, and AS SURETY, are held and firmly bound unto the CITY OF CHULA VISTA, a municipal corporations located in San Diego County, California, in the sum of _ ___� Dollars ($ ), lawful money of the United States, for which payment, well and truly to be made,, we bind ourselves; jointly and severally firmly by these presents, Signed, sealed and dated The -condition of the above obligation is that if said principal as contractor in the contract hereto annexed shall faithfully perforru each and all of the conditions of said contract to be performed by him, and shall furnish all too:ls, equipment, appara- tus, facilities, transportation, labor, and materials other than material, if any, agreed to be furnished by the District, necessary to perform and complete, and to per- form and complete in a good and workmanlike manner, the work of TRAFFIC SIGNALS ON NATIONAL AVENUE AT "f" STREET in strict con.Vorroity with the terms and conditions set, forth in the'contract hereto annexed, and shall pay or cause to be paid all persons who perform labor, for, or fur- nish materials to, said contractors or to any sub-contractor, in the execution of said contract, then this obligation shall be null and void--otherwise to remain in full force and effect; and the said surety, for value received, hereby stipulates ar.d 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 wise affect its obligations on this bond, and it does hereby waive r.otice of any such change, extension of time, alteration or addition to the terms of the con- tract or to the work or to the specifications. • tractor Approved as to form: City Attorney, • A je Ri ' y a BOND FOR MATERIAL aRIAL AND LABOR KKYII ALL P•NEPN BY THESE PRESENTS, That I/We • the Contractor in the contract hereto annexed, as principal, and • AS SURETY, are held and firmly non bound unto the CITY OF CHULA VISTA, a municipal corporation, located in San Diego County, California,, in the sum of Dollars ($ ), lawful money of the United States, for which payment, well and truly to he made, we bind ourselves, jointly and severally, firmly by these presents. Signed, sealed and dated y The condition of the above obligations is that if said principal as contractor AA the contract hereto annexed, or his or its subcontractor, fails to pay for .any .material, provisions, provender, cr other supplies, or tears, used in; upon, for, or about the performance of,the; work contracted to be done by said contractor, namely to furnish all tools, equipment, apparatus, facilities, transportation, labor, and :mater- ial, if any, agreed to be furnished by the City, necessary to perform and complete, and to perform and complete in a good and workmanlike manner, the work of--y TRAFFIC SIGNALS. ON NATIONAL AVENUE AT "W' STREET in strict conformity with the terms and conditions set forth in the contract hereto anne;:ed, or for any work or labor done thereon of any kind, said surety will pay the same in an amount not exceeding the sum hereinabove set forth, and also in case suit is brought upon this bond R, a reasonable attorneys fee to be fixed by the courts This bond shall inure to the benefit of any and all persons, companies, and corpora- tions entitled to file claims under and by virtue of the provisions of an act of the Legislature of the State of California entitled, An Act to secure the 'payment of the claims of persons employed by contractors upon public works, and the claims of persons who furnish materials, supplies, teams, implements or machinery used or con- sumed by such contractors in the performance of such works, and prescribing the duties Of certain public officers with respect thereto", approved ?eay 10th, 1919, as amended; 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 wise affect its obligations on this bond, and it does hereby waive notice of any such changes, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications, Contractor Surety Approved as to form: City Attorney • w • • 00. ,� . c a'�' : a4 GUARANTEE City of Chula Vista Engineering Department In accordance with the terms of that certain agreement dated the day of ' 19 , between the City of Chula Vista and the Undersigned Con- tractor which provides for the installation of a certain traffic signal system, located at National Avenue and "II" Street in the City of Chula Vista, and under which the undersigned has installed such system, the following guarantee of the said traffic signal system is hereby made; Should any of the equipment, except lighting elements, prove defective or should the systems as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the said systems or any part thereof fail to operate properly, as planned, due to any of the above causes,, all within one (1) year after date oni which this contract is finally accepted, the undersigned agrees to replace any such material and/or to repair said systems completely without cost to the City of Chula Vista so that they will operate successfully as originally contemplated, such repairs or replacements to be made upon written demand by the City of Chula Vista. Such repairs shall be made and such materials as are necessary shall be fur- nished and installed, Within a reasonable time after the receipt of demand by the undersigned from the City of Chula Vista. Said systems 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. Con ractor Date -28-