HomeMy WebLinkAbout1992 Special Provisions Project 71006
u~n:~6
89001
a,~~"Id~~O , ~ZL£-9Z£ ~508~ :auoc~datas Q~
~d ~d Z 0 £ £ 6 ~a ~'I~I3S~~8 s snH~n~ xn~xn~s zo5t
~ Q'I~I3S2i~S 30 ~SIO
- ~ ~ -~'dX3 Sx2ioM OIZSnd 30 ZH~2i~'d~Q
w ~p 1 ~ 00£Z~
2
~d . ~a ~ M 1 ~3
tors ova S3~
9oozL •oH sasroxa
•~t•~ oo:iz s~tls
Z66t '~z ~znr ss~a
:oHlHSao ass
Q'~o2i ~'IBIM ZK ~i~ia HO
~~s S ~ S Z~HO I S ~ 133~2is
2io3
Z0~2iS~t00 Qi~ Z~d50a02id QIS
sHOlslno~a Z~IO~as
s~oso~r~oo os ~alsox
~Ir~o3IZ~o
Q'I~I35'2i~S 30 ~ZIO
'OH ~d00
ADDENDUM N0. 5 August 4, 1992
PROJECT: Traffic Signal On Panama Lane at Wi bl a Road
BID OPENING DATE: August 14, 1992
11:00 AM
NOTICE TO ALL CONTRACTORS BIDDING THIS WORK
You are hereby notified of the following changes and/or
additions to the plans and specifications. Such changes and/or
additions are hereby made apart of the plans and
specifications and shall take precedence over anything to the
contrary therein.,
REVISION:
PLANS
A. Conductor Schedule - Replace conductor schedule on plan with
attached conductor schedule.
B. A note number 18 is shown on the north median island. Delete this.
There is no note 18.
SPECIFICATIONS
A. Page 7. Section 3 should be titled: AWARD AND EXECUTION 0~
CONTRACT.
8. Page 12, paragraph 5-1.04b. Change the penalty from "FIFTY
DOLLARS ($50) to "TWENTY.-FIVE DOLLARS ($25)"
C. Page 14. In the last paragraph,~the phrase "Automobile liability
insurance" should read "Automobile liability insurance _
D. Page 25. Add the following:
1-1.08 MISCELLANEOUS CONCRETE CONSTRUCTION. Portland
cement concrete curbs, sidewalks, wheelchair ramps, cross drains,
drive approaches, driveways and miscellaneous construction shall
conform to the provisions in Section 13, "Concrete Curbs anal Sidewalk,"
of the Standard Specifications and these special provisions.
Quantities of minor concrete (sidewalks shall be paid
for at the contract price per square foot of sidewalk.
Quantities of minor concrete (wheelchair ramps shall be measured
and paid for at the contract price per square foot of wheel chaff r
ramp.
PAGE 1 of .2
E. Page 30. Paragraph 1-Z.11. Add the following:
"The central pad on the Foundation Detail in State Standard Plan ES-46
shat 1 be increased from a hei ght of 3.5" to a hei ght of 12" .
F. Page 39. Replace with attached.
NOTE: All Contractors bidding this work shall denote in their
proposal that they have received Addendum No. 5 and bids shall
reflect these revisions.
APPROVED BY
~f n
ep a Walker Darlene Wi sham
Traffic Engineer Purchasing Officer
PAGE 2 o f 2
N r] W
w
N ~
w N f'
w
V J
• N ~ F-
w
N p
w O N U
w
N Z
x ~ N
w N N
w
N N
N ~
w'
_ : l~
w N d' to
~ ~ ~ w w~
u 1 l'~ t"~ . r
w
tV t~ ~
w
w N ~ ~
~ r-
..ice (v r ~ ~
V ~ ~ r' ~ N . V !
pS r- r- N
n j~7 00 N ~ d- V
~ N N ~ d- •
/11~~. r ~ V `J w
Z ~ ~ t0 N N r~ d' Q) 1=
~ M X Q ~ In ~ N ~ M d~ 01 W
~ N ~ ~ ~ ~ ~ ~ Q
N r 1 ~ ~ N ~ d'
o w Z i~ N N d' OS
M
~ Z
~ ~ OUO ~
N Z
~Z ~ Uooo~,~~~~~~~~ wo OQ ~ZZZZWWWWWWWWJUU
ZU ~f- 0 000 ~p 000000 oQ), ~ ~ ~ ~ N M ~ u~ c~ h o0 ~O W
Z U NCn~J~~t4~~4~~gF-~ Z
~ o U U d.
J o ~
i F
TRAFFIC SIGNAL ON PANAMA LANE AT ~VIBLE ROAD
ITEM ESTIMATED UNIT 4F ITEM UNIT PRICE EXTENSION
N0. QUANTITY MEASURE (in Figures) PRICE
(in f figures)
3. 4517 SF Remove
striping
4. 9 Ea. Roadside Sign
(GSP Post}
5. 13 Ea. Remove
Roadside Sign
6. 223 SF .Misc.
Concrete
(Sidewalk}
7. 108 SF Misc. Concrete
(Wheelchair
Ramp}
SIGNED
Bidder Total
Page 2 of 2
39
ADDENDUM N0. 4 July 21, 1992
PROJECT: Traffic Signal On Panama Lane at wible Road
BID OPE[~ING DATE: July 24, 1992
11:00 AM
NOTICE TO ALL CONTRACTORS BIDDING THIS WORK
You are hereby notified of the following changes and/or
additions to the plans and s~~ecifications. Such changes ar~/or~
additions are hereby made a part of .the plans and.
specifications and shall take precedence over anYt~lir~g to the
contrary therein.
R~EVrsION:
PLANS
No Change..
SPECIFICATIONS
A. Change bid ~ opening date to August 14,1992, at 11:00 AM.
Farther r~zanges will, follow within two we~~s.
NOTE: All contractors bidding this work s~la].l denote in their proposal that they have received Addendum No. 4 and bids shall reflect these
revisions.
APPROVED BY .
Stephen walkerDarlene Wisham
Traffic Engineer Purchasing Officer
PAGE 1 of 1
ADDENI~JM N0. 3 July 20, 1992
P]~QTECT: Traffic Signal On Panama Lane at Wible Road
BID OPIl~IING DATE: July 24, 1992
11:00 AM
NO'T'ICE ~ ALL CONTRACTORS BIDDING THIS WORK
You are hereby notified of the following cl:langes and/or
additions to the plans and s~~ecif ications . Such claariges and/or
additions are hereby made a part of the plans and s~~ecifications and shall take precedence aver anYt~ling to the
contrary therein.
REVISION:
PLANS The conductor schedule is changed. See attached.
SPECIFICATIONS '
No Change.
NOTE: All Contractors bidding this work shall denote in their proposal that they have received Adde~ldLnn No. 3 and bids shall reflect these
revisions.
APPROVED BY
G~
tephen alker Darlene Wisham
. Traffic Engineer Purchasing Officer
PAGE 1 of 1
w N
N
t N
w
w N
w
N '
w N
w N
N d.
(V N
w
N N
w N M
~ r-
N d- ~t7
~ r-
w
cV r' ~ d' ~ ■ M
W ~n ~
N
w ~ w
Y / r
W~ r-+-
U- . V!
w tV ~ N
w
j~ OfJ r' N ~ ~ d' Q
~ CQ N N ~ ~ ~
Q rj ~ N ~ ~ r') d- rn
w
V
r,
~ N N d- ~ C~
w
Z
• ~ aoo ~ w
W ~ UUU Z N 0 Z
. ~ U a a a ~ ~ F : I-= I= F~ I-= 1= 1-= W O ~ Z Z Z Z W W W W W WW W J U U
a 000 ~o aaao as aQ ~ W
0 a ~ N ~ ~ ~ co r ao a W Z U N ~ to _1 ~ t4 ~0► ~ t4 i0. ~9 t~ F' Z
O 0 ~ U U
J . a ~
ADDE[~TDUM NO. 2 July 16, 1992
PROJECT': Traffic Signal On Panama Lane at Wible Road
BID OPII~ING DATE: July 24, 1992 11:00 AM
NOTICE TO ALL CONTRACI~QRS BIDDING THIS WORK
You are hereby notified of the following changes and/or
additions to the plans and specifications. Such changes and/or
additions are hereby made a part of the plans and
specifications and shall take precedence over anything to the
contrary therein.
RE~IISION:
TANS
No Change
SPECIFICATIONS
Page 30, Para. 7-2.09 IZJN~NAIRES. The second sentence should read:
"Lumi.naires shall be furnished with 310-watt high pressure sodium lamps and
integral ballasts."
Page 32, Para. 7-2.12 DETECI~ORS. Disregard and delete all references to
T!~rpe A loop detector lead-in cables. The final. paragraph should read:
"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 minim~un rate of 5 ~
per foot, and the splice must be soldered and ccmlpletely waterproof. Connect
one end of the shield to e~~rth ground (at cabinet} and insulate the other end
with no possible path to e~~rth ground.
All spade connectors used to attach to terminals inside the controller cabinet
shall be crimped and soldered to the conductor."
NOTE: All Contractors bidding this work shall denote in their proposal that
they have received Addendum No. ~ and bids shall reflect these
revisions.
APPROVED BY
. ;
f~St hen Walker Darlene Wisham
Traffic Engineer Pew: chasing Officer
PAGE 1 of 1
ADDENDUM NO. 1 July 14, 1992
PROTECT: Traffic Signal 4n Panama Lane at Wible Road
BID OPENING DATE: July 24, 1992
11:00 AM
NOTICE TO ALL C4~C'PQRS BIDDING THIS WORK
You are hereby notified of the .following r~zanges .and/or
additions to the. plans and specifications. Such clzar~ges and/or additions are hereby, made-apart of the plank and
specifications and shall take precedence over anything to the
contrary therein.
~SION:
PLANS
No Change
SPECIFICATIONS
. Page 30, Para. 7-2.09 I~JMINAIRES. The second sentence should read:
"Luminaires shall be furnished with 350-watt high pressure sodium lamps and
integral ballasts."
NC~I'E: All Contractors bidding this work shall denote in their proposal that
they have received Addendum No. 1 and bids shall reflect these
revisions.
APPROVED BY .
Stephen Walker Darlene Wisham
Traffic Engineer Purchasing Officer
PAGE 1 of 1
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, Until 11:00 o'clock A.M. on JULY 24, 1992 to
be publicly opened and read immediately thereafter in the City Council
Chamber, for the following work:
TRAFFIC SIGNAL SYSTEM ON PANAMA LANE AT WIBLE ROAD
Plans and specifications, and forms of proposal, bonds, and
contract, may be obtained at the office of the Purchasing Officer by
posting a refundable deposit of _NO 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 ten (10j
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 January, 1988, insofar as the same
may apply.
1
may aNNj~ •
' 2 of the California Labor Code Pursuant to Part 7 of DIVISIOn a less than the
• the Contractor shall not p y , Section 1720 et seq•7 this ro'ect as determined by
~ wa es to workers on P 7, prevailing rate of g t of Industrial Relations. The
'rector of California Departmen a and o en for the D1 revailing rates Is on fit p,
Director's schedule of p ~ e artment of Public Works,
• at the City of Bakersf geld, D P Inspection Bakersfield, California.
1501 Truxtun Avenue,
GENERAL DESCRIPTION OF WORK
consists, in general, of
The work to be performed installing • is si nal and lighting system,.
installing a traff, g •n a wheelchair ramp.
' onnect conduit and constructs g Interc
CITY OF BAKERSFIELD
EDGAR W. SCHULZ
Public Works Director
2
CITY OF BAKERSFIELD, CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
SPECIAL PROVISIONS
SECTION 1 -DEFINITIONS AND TERMS
1-1.01 GENERAL. This work embraced herein shall be done in
accordance with the Standard Specifications entitled "State of California, Department of Transportation, Standard Specifications,
January 1988," 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 conflicting 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
9 Departmentof 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 and Transportation Agency,
dated January, 1988.
State - The City of Bakersfield.
State Contract Act - Chapter 1, Division 2 of the Public
Contract Code. The provisions of this act do notapply 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.
3
SECTION 2. PROPOSAL REQUIREMENTS
2-1.01 GENERAL INFORMATION. The Purchasing Officer of the
Cit of Bakersfield, California, will receive at her office, City y ~
Hall, 1501 Truxtun Avenue, in said City, until 11.00 o clock A.M.
On JULY 24 ,_____199_2 , sealed proposals for
TRAFFIC SIGNAL SYSTEM ON PANAMA LANE AT WISLE ROAD
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 may be 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 specifications,
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 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. Proposals in which the prices obviously are unbalanced
may be 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
ro osals must give the prices proposed and must be signed by the P P
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,
4
titles, and business addresses of the president, secretary and
treasurer.
2-1.06 BIDDERS 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 X10%) 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 making unauthorized substitutions.
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 o ening of the proposals for projects utilizing Federal p
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
s ~ ecif ications shall be of the same effect as if shown or mentioned P
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
5
h"
that time, nor may any bid be withdrawn after the time fixed in the
public notice for the opening of bids.
2-1.10 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.
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
6
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 .
SECTION 3. WARD 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
ood and sufficient bonds insured by an admitted surety insurer as g ,
set forth in Title XIV, Chapter 2, Article 6 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 (5 0 % } of the contract price and shall guarantee
'T payment to laborers, mechanics and material workers employed on the
'ob 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
an bonds required by law for the protection of the claims of
y . 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, noe 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
7
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 BIDDERS GUARANTEES. Within ten ~10j 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. A11 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
COMPLETION 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
a ra h shall be considered as included in the prices paid above par g p
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
re fired 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
o eration of the signal system are on hand. The Contractor will be p
ranted an extension of time and will not be assessed with g' ~ n ineerin and ins ection for
liquidated damages or the cost of e g g p
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
9
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 writin and the Engineer will order start of work in writing. g
SECTION 5 GENERAL
5-1.01 STATE CONTRACT ACT NOT APPLICABLE. Sections 1-I.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 erformed, unless approval is waived in writing p
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.
10
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 may be 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 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. FIFTY DOLLARS x$50) pursuant to Section 17,75 of the
Labor Code, per worker paid less than the amount to which
he is entitled under said general prevailing rate of
wages; and
11
b. FIFTY DOLLARS ($50) pursuant to Section 1813 of the
Labor Code, per worker required to work more than eight (8 } hours per day or more than forty ~ 4 0 } hours per week,
except as provided in Section 1815 of the Labor Code.
5-1.05 PAYROLL RECORDS. The fourth paragraph in Section
7-1.01At3}, "Payroll Records,!' of the Standard Specifications is
deleted and shall not apply to this contract.
r 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}, "Apprentices," Of the Standard
Specifications. All Contractors and Subcontractors shall comply with the 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: Fa
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.
5-1.08 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
12
expenditure in excess of TWENTY-FIVE THOUSAND DOLLARS
($25,000) for excavation of any trench or trenches five
feet or more in depth, the~Contractor or his Subcontractor shall not begin any trench excavation unless a detailed
plan, showing the design of shoring, bracing, sloping or
other provisions to be made for worker protection during
the excavation of the trench, has been submitted by the
Contractor to the City Engineer and the detailed plans has
been approved by the City Engineer.
If such plan varies from the shoring system standards
established by the Construction Safety Orders of the Division of
Industrial Safety, the plan shall be prepared by a Registered Civil
or Structural Engineer.
Nothing in this section shall be deemed to allow the use of
a shoring, sloping, or protective system less effective than that
re fired 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.OII, "Sound Control
Requirements," of the Standard Specifications and these special
provis-ions.
The noise level from the Contractor's operations, between
the hours of 9:00 PM and 6:00 AM, shall not exceed 86 dbA at a
distance of 50 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 b the Contractor. The use of loud sound signals shall be Y
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
13