WD25008 FISCAL YEAR 2024-25 STREET FURNITURE PAINTING

PUBLIC WORKS DEPARTMENT
SPECIAL PROVISIONS
FOR
FISCAL YEAR 2024-25
STREET FURNITURE PAINTING
PROJECT NO. WD25008
BID OPENING October 29, 2026, at 2:00 p.m.

SPECIAL PROVISIONS FOR
FISCAL YEAR 2024-25 STREET FURNITURE PAINTING
PROJECT NO. WD25008
DIVISION I - GENERAL PROVISIONS
SECTION 1 - GENERAL
1-1.01 TERMS AND DEFINITIONS
Wherever in the Standard Specifications, Special Provisions, Notice to Contractors,
Proposal, Contract, or other contract documents the following terms are used; the
intent and meaning shall be interpreted as follows:
City or Owner - City of Stockton
Director - Director of Public Works, City of Stockton
Standard Specifications - City of Stockton, Standard Plans and Specifications, and
any amendments or revisions thereto (Revised 9/27/16)
Caltrans Specifications - State of California, Department of Transportation, 2015
Standard Plans and Specifications and any amendments or
revisions thereto.
Laboratory - City of Stockton's Department of Public Works or consultant
Laboratory
Department - Department of Public Works, City of Stockton
Engineer - City Engineer, City of Stockton, acting either directly
or through properly authorized Engineer agents and
consultants
MUTCD - Latest edition of California Manual on Uniform Traffic
Control Devices (MUTCD), and any amendments and
revisions thereto
1-1.02 SPECIFICATIONS
The work described herein shall be done in accordance with the current City of Stockton,
Department of Public Works Standard Specifications and Plans, and the latest Editions
of the State of California, Department of Transportation Standard Specifications and
Standard Plans, California MUTCD, as referenced therein, and in accordance with the
following Special Provisions. To the extent the California Department of Transportation
Standard Specifications implements the STATE CONTRACT ACT, they shall not be
applicable since the City of Stockton is not subject to said ACT.
In case of conflict or discrepancy between any of the Contract Documents, the order of
documents listed below shall be the order of precedence, with the first item listed having
the highest precedence.
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a. Contract Change Order
b. Contract
c. Project Special Provisions
d. Project Plans
e. City's Standard Specifications
f. City's Standard Drawings
g. Revised Caltrans Standard Specifications
h. Caltrans Standard Specifications
i. Revised Caltrans Standard Plans
j. Caltrans Standard Plans
k. Supplemental Project Information
With regards to discrepancies or conflicts between written dimensions given on drawings
and the scaled measurements, the written dimensions shall govern.
With regards to discrepancies or conflicts between large-scale drawings and small-scale
drawings, the larger scale shall govern.
With regards to discrepancies or conflicts between detailed drawings and referenced
standard drawings or plans, the detailed drawings shall govern.
In the event where provisions of codes, safety orders, contract documents, referenced
manufacturer's specifications or industry standards are in conflict, the more restrictive and
higher quality shall govern.
Should it appear that the work to be done or any of the matters relative thereto are not
sufficiently detailed or explained in these specifications, the special provisions, or the
plans, the Contractor shall apply to the Engineer in writing for such further explanations
as may be necessary and shall conform to them as part of the contract. All responses
from the Engineer shall be in writing. In the event of any doubt or question arising
respecting the true meaning of these specifications, the special provisions or the plans,
reference shall be made to the Engineer, whose decision thereon shall be final.
The Contractor shall examine carefully the site of the work and the plans and
specifications therefore. He/She shall investigate and satisfy himself/herself as to
conditions to be encountered, the character, quality and quantity of surface, subsurface
materials or obstacles to be encountered, the work to be performed, materials to be
furnished, and as to the requirements of the bid, plans and specifications of the contract.
1-1.03 PLANS
The bidder's attention is directed to the provisions in Section 1-1.03, "Definitions" of
the Standard Specifications and Section 1-1.07 of the Caltrans Specifications.
See Instructions to Bidders for complete instructions and documentation forms.
SECTION 2 - BIDDING
2-1.01 GENERAL
The bidder's attention is directed to the "Notice to Contractors" for the date, time and
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location of the mandatory pre-bid meeting, if applicable. Refer to the City of Stockton's
Bid Flash Website:
https://www.stocktonca.gov/business/contracts___purchasing/bidflash/p
ublic_works.php
The bidder's attention is directed to the provisions in Section 2, "Bidding," of the Standard
Specifications and these special provisions for the requirements and conditions which the
bidder must observe in the preparation for the submission of the bid.
The Bidder's Bond form mentioned in the last paragraph in Section 2-1.34, "Bidder's
Security," of the Standard Specifications will be found following the signature page of the
Proposal.
In conformance with Public Contract Code Section 7106, a Non-collusion Affidavit is
included in the Proposal. Signing the Proposal shall also constitute signature of the Non-
Collusion Affidavit.
The contractor, sub recipient or subcontractor shall not discriminate on the basis of race,
color, national origin, or sex in the performance of this contract. The contractor shall carry
out applicable requirements of Title 49 CFR (Code of Federal Regulations) part 26 in the
award and administration of US DOT assisted contracts. Failure by the contractor to carry
out these requirements is a material breach of this contract, which may result in the
termination of this contract or such other remedy, as the recipient deems appropriate.
Each subcontract signed by the bidder must include this assurance.
2-1.02 BID PROTEST
In case of Bid protests, attention is directed to the provisions in Section 2-1.51, "Bid
Protests" of the Standard Specifications. The party filing the protest must have
submitted a bid for the work. A subcontractor of a bidder may not submit a bid protest.
A copy of bid protests is to be sent to the following address:
Attention: Chanel Teach
City of Stockton
Public Works Department
501 W. Weber Avenue, Bldg. 2
Stockton, CA 95203
SECTION 3 - CONTRACT AWARD AND EXECUTION
3-1.01 CONTRACT AWARD
The bidder's attention is directed to the provisions in Section 3, " Contract Award and
Execution," of the Standard Specifications and these special provisions for the
requirements and conditions concerning award and execution of contract.
Bid protests are to be delivered to the following address: Department of Public Works, 501
W. Weber Avenue, Bldg. 2, Stockton, CA 95203, Attn: Chanel Teach. The award of the
contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies
with all the requirements prescribed.
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3-1.02 CONTRACT EXECUTION
The contract shall be executed by the successful bidder and shall be returned, together
with the contract bonds, to the Agency so that it is received within 10 days, not including
Saturdays, Sundays and legal holidays, after the bidder has received the contract for
execution. Failure to do so shall be just cause for forfeiture of the proposal guaranty. The
executed contract documents shall be delivered to:
City of Stockton Public Works Department
Attn: Chanel Teach
501 W. Weber Avenue, Bldg. 2
Stockton, CA 95203
3-1.03 CONTRACT BONDS
Contract Bonds shall conform to the requirements set forth in Section 3-1.05, "Contract
Bonds", of the Standard Specifications, except for the second paragraph which shall be
replaced with the following:
"The Faithful Performance bond will be retained by the City of Stockton for twelve
(12) months following recordation of the Notice of Completion (or partial
completion) to guarantee correction of failure attributed to workmanship and
materials. Upon recordation of the Notice of Completion (or partial completion), the
amount of the Faithful Performance bond may be reduced to ten percent (10%)
of the actual cost of the constructed improvements".
SECTION 4 - SCOPE OF WORK
4-1.01 DIFFERING SITE CONDITIONS
Attention is directed to the provisions in Section 4-1.06, "Differing Site Conditions," of
the Caltrans Specifications and the Standard Specifications. Contractor shall notify
the Engineer if he/she finds physical conditions differing materially from contract
documents.
4-1.01 EXTRA WORK
Section 4-1.05, "Changes and Extra Work" of the Caltrans Specifications is amended by
adding the following between the second and third paragraphs:
"If, in the opinion of the Engineer, such work cannot reasonably be performed
concurrently with other items of work, and if a controlling item of work is delayed
thereby, an adjustment of contract time will be made."
4-1.02 CLEANUP
The Contractor's attention is directed to Sections 4-1.13, "Cleanup," of the Caltrans
Specifications.
The Contractor shall conduct and cause all working forces at the site to maintain the site
in a neat orderly manner throughout the construction operations. The work shall be
conducted in a manner that will control the dust. When ordered to provide dust control,
the Contractor shall use water to reduce the dusty conditions all to the satisfaction of the
Engineer. During construction, the Contractor shall remove all rubbish and debris as it
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is generated. Upon completion of the work, the Contractor shall remove all equipment,
debris, and shall leave the site in a neat, clean condition all to the satisfaction of the
Engineer.
SECTION 5 - CONTROL OF WORK
5-1.01 PERMITS
The Contractor's attention is directed to Sections 5-1.20B, "Permits, Licenses,
Agreements, and Certifications," of the Caltrans Specifications.
The following is not an all-inclusive list of the required permits and/or licenses, if
applicable:
* Contractor's License - Contractor shall possess a valid California Class C-33
Contractor License at the time of bid and maintain it throughout the duration of the
contract.
* Business License. Contractor shall possess prior to the execution of the contract
and maintain throughout the duration of the contract, a valid City of Stockton
business license.
* City of Stockton Encroachment Permit - The contractor shall obtain a City of
Stockton encroachment permit and pay all required fees. Encroachment permit and
fees must be obtained from the City Permit Center (209-937-8366) before the start
of construction.
* State's Water Resources Control Board Stormwater Construction General Permit
(contractor pays) - Notice of Intent (NOI) and Notice of Termination (NOT).
* Submit the Construction and Demolition (C&D) Debris Recycling Report within 14
days of construction or demolition project completion. The completed form must be
accompanied by the official weight tags or receipts verifying the information provided
in the report and must be submitted to the City of Stockton Public Works Department,
Solid Waste Division, 501 W. Weber Street, Bldg. 2, Stockton, CA 95203. Failure
to provide the C&D Debris Recycling Report form will result in a 5% withholding of
the contract amount.
* Construction Notification, dust control - The Contractor is responsible for the
preparation and submittal of the San Joaquin Valley Air Pollution Control District
Construction Notification Form. More information can be found at the following web
site: http://www.valleyair.org.
* Construction Water - The Contractor is responsible for obtaining a permit for water
from California Water Service or City of Stockton, as applicable, for construction
water obtained from a City hydrant. This permit shall be approved by the City of
Stockton Fire Department.
Full compensation for conforming to the provisions in this section including applicable
permit fees, shall be considered as included in the prices paid for the various contract
items of work involved, and no additional compensation will be allowed therefore.
5-1.02 SUBMITTALS
The following is a list of anticipated submittals for the project. The list is provided to aid
the Contractor in determining the scope of work, but is not intended to be all inclusive and
additional submittals may be required:
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* DAS-140
* DAS 142
* Local Hire Employment Ordinance - Good Faith Effort
* Monthly Local Employment Ordinance Compliance Report (During Construction)
* Emergency Contacts/Authorized Representatives
* Traffic Control Plan
* Paint
* Storm water pollution prevention plan
* Contractor safety plan
* Project Schedule (Critical Path Method)
* City of Stockton Construction and Demolition Debris Recycling Report
* City of Stockton Encroachment Permit
* Staging Agreements with Private Property Owner (if applicable)
The Contractor shall transmit each submittal to the Engineer for review and approval.
Submittals shall be sequentially numbered on the submittal list form. Resubmittals shall
be identified with the original number and a sequential resubmittal suffix letter. The
original submittal shall be numbered X. The first resubmittal shall be numbered X-a and
so on. Identify on the form the date of the submittal, and Contractor, Subcontractor or
supplier. Any incomplete submittals will be returned for resubmittal.
Schedule submittals to expedite the Project, and deliver to Engineer at the Engineer's
office, see Section 10-1.01, "Order of Work," of these Special Provisions.
For each submittal for review, allow 15 calendar days excluding delivery time to and from
the Contractor.
When revised for resubmission, identify all changes made since previous submission.
Distribute copies of reviewed submittals as appropriate. Instruct parties to promptly report
any inability to comply with requirements.
Within 10 calendar days after Notice of Award submit a complete list of all submittals to
be submitted and the dates when they will be submitted. All submittals shall be
submitted within 30 calendar days from the date the Notice of Award; otherwise
project working days will commence, with or without issuance of the Notice to
Proceed.
Wherever called for in the Contract Documents, or where required by the Engineer, the
Contractor shall furnish to the Engineer for review, 1 set, plus one reproducible copy, of
each shop drawing submittal. The term "Shop Drawings" as used herein shall be
understood to include detail design calculations, shop drawings, fabrication and
installation drawings, erection drawings, list, graphs, catalog sheets, data sheets, and
similar items. Whenever the Contractor is required to submit design calculations as part
of a submittal, such calculations shall bear the signature and seal of an engineer
registered in the appropriate branch and in the state of California, unless otherwise
directed.
Normally, a separate submittal form shall be used for each specific item or class of
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material or equipment for which a submittal is required. Transmittal of a submittal of
various items using a single form will be permitted only when the items taken together
constitute a manufacturer's "package" or are so functionally related that expediency
indicates review of the group or package as a whole. A multi-page submittal shall be
collated into sets, and each set shall be stapled or bound, as appropriate, prior to
transmittal to the Engineer.
Except as may otherwise be indicated herein, the Engineer will return prints of each
submittal to the Contractor with their comments noted on the submittal. The Contractor
shall make complete and acceptable submittals to the Engineer by the second submission
of a submittal item. The City reserves the right to withhold monies due to the Contractor
to cover additional costs of the Engineer's review beyond the second submittal.
If a submittal is returned to the Contractor marked "NO EXCEPTIONS TAKEN", formal
revision and resubmission of said submittal will not be required. If a submittal is returned
to the Contractor marked "MAKE CORRECTIONS NOTED", formal revision and
resubmission of said submittal will not be required.
5-1.03 RECORDS
The Contractor's attention is directed to Sections 5-1.27, "Records," of the Caltrans
Specs.
The cost accounting records for the contract shall be maintained separately from other
contracts, during the life of the contract, and for a period of not less than 3 years after the
date of acceptance of the contract. If the Contractor intends to file claims against the City,
the Contractor shall keep the cost accounting records specified above until complete
resolution of all claims has been reached.
Full compensation for conforming to the provisions in 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 therefore.
5-1.04 JOB SITE APPERANCE
The Contractor shall maintain a neat appearance to the work.
Debris developed during construction shall be disposed of concurrently with its
generation. The Contractor shall pay to the City of Stockton the sum of Two Hundred
Fifty Dollars ($250) for every calendar day where debris has remained on the job site
overnight.
Full compensation for conforming to the provisions in this section shall be considered as
included in the prices paid for the various contract items of work and no additional
compensation will be allowed therefore.
5-1.05 PROPERTY PRESERVATION/EXISTING FACILITIES
The Contractor's attention is directed to Sections 5-1.36, "Property and Facility
Preservation," and Section 15, "Existing Facilities," of the Caltrans Specifications.
The Contractor's attention is directed to the existence of certain underground facilities
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