HomeMy WebLinkAboutAgenda Report - April 19, 2006 E-05AGENDA ITEM EW5
Am CITY OF LODI
COUNCIL COMMUNICATION
A
AGENDA TITLE: Approve Specifications and Advertisement for Bids for Annual Tree
Trimming Contract (Power Line Clearing) for Electric Utility Department
($350,000) (EUD)
MEETING DATE: April 19,2006
PREPARED B Y Electric Utility Director
RECOMMENDED ACTION: That the City Council approve the specifications for a tree trimming
contract for power line clearing and authorize advertisement for
bids.
BACKGROUND INFORMATION: The Electric Utility Department has utilized a tree trimming
contractor for its line clearing requirements since November 1988.
The current contract with Trees, Inc. of Houston, Texas is due to
expire on June 30, 2006 at the conclusion of the final extension year. Thus, it is necessary to advertise
for bids for line clearing services after this date.
The Specifications for Tree Trimming have been updated. It has been prepared on a twelvemonth basis
with the option to extend annually thereafter, at the City's sole discretion, for a maximum of two additional
years. The specifications would provide the City with a three-person Backyard Crew and a two -person
Street Crew, including vehicles, equipment and other expenses for two crews. This is a reduction of one
Backyard Crew from current contracting levels. The proposed level of activity, however, is believed to be
sufficient to maintainthe 130+ circuit miles of overhead transmission and distribution lines clear of growth
on a three-year cycle. The possible need for to add another Backyard Crew shall be evaluated prior to
any annual extension.
Maintaining an adequate line clearance program is a critical element to electric system reliability. Due to
the excellent results the Department has experienced with contracting out this service (i,e, significant
reduction of outage time and overall cost effectiveness), it is recommended that the contracting program
be continued. The proposed tree trimming program covers the period of July 1, 2006 to June 30, 2007
with the option for up to two additional one year extensions covering fiscal years 2007-08 and 2008-09.
With the approval of the City Council, the Tree Trimming contract shall be advertised and the bid opening
date has been set for May 17,2006 at 11: 004M.
FISCAL IMPACT: Decreased the number Tree Trimming Crews from three to two with the
projected cost of $350,000 chargeable to the Operating Budget. (The fiscal
year 2005-06 tree clearance budget is $548,201.)
APPROVED:
BlairlU , City Manager
Approve Specifications and Advertisementfor Bids for Annual Tree Trimming Cmtxaat (Power Line Clearing)for
Electric Utility Department 13350.000) (E U D)
April 19,2006
Page 2 of 2
FUNDING AVAILABLE: The amount of $350,000 shall be included in the proposed budget for fiscal
year 2006-07 under Account No. 160654 — Tree Trimming. Funding for
extensions shall be allocated on a year-to-year basis.
Ruby PAfsie, Interim Finance Director
e 0. Morrow
Electhc Utility Director
PREPARED B Y Demy Bucaneg, Jr.. Sr. Power Engineer
GFMlDBllst
cc City Attorney
CITY OF LODI
ELECTRIC UTILITY DEPARTMENT
SPECIFICATIONS
FOR
TREE TRIMMING
April, 2006
SET NO.
TREE TRIMMING
TABLE OF CONTENTS
SECTION 1 NOTICE INVITING BIDS......................................................1.1
SECTION 2 INFORMATION TO BIDDERS..............................................2.1
SECTION 3 BID PROPOSAL...........................................................3.1
SECTION 4 CONTRACT...........................................................4.1
SECTION 5 GENERAL PROVISIONS.....................................................5.1
SECTION 6 SPECIAL PROVISIONS....................................................... 6.1
SECTION 1
NOTICE INVITING BIDS
CITY OF LODI, CALIFORNIA
Sealed proposals will be received by the Purchasing Officer, Lodi City Hall, 300 West Pine Street,
Lodi, CA 95240 (P.O. Box 3006, Lodi, CA 95241-1910) at or before
11:00 A.M., Wednesday, May 17, 2006
At that date and hour said sealed proposals will be publicly opened and read in the Public Works
Conference Room, City Hall, 221 West Pine Street, Lodi, California. Bidders or their authorized
representative are invited to be present.
The work consists of tree trimming for power line clearing in accordance with these specifications.
The work area can be any area within city limits at the direction of the Electric Utility Director. The
contract and contract price shall be in effect from July 1, 2006 through June 30, 2007, unless
otherwise terminated. This agreement may be renewed at City's option on a year-to-year basis for
a maximum of two (2) additional years. Prices shall be mutually agreed upon prior to such renewal
of extension.
The Contractor shall begin work within ten (10) working days after date of Contract award.
In accordance with the provisions of Section 1770 to 1778 of the Labor Code of the State of
California, the City of Lodi has ascertained that the general rate of per diem wages and wage rated
for holidays and overtime applicable to the locality in which the work is to be done are as set forth in
Resolution No. 4222 of the City of Lodi, copies of which are on file in the office of the City Clerk.
The Contractor shall make travel and subsistence payment to each worker needed to execute the
work, as such travel and subsistence payment are defined in the applicable collective bargaining
agreements in accordance with Section 1773.8 of the Labor Code.
If a craft or classification used on the project is not shown on the wage determination, the
Contractor may be required to pay the wage rate of that craft or classification most closely related to
it, as shown in the general determinations.
1.1 April, 2006
SECTION 2
INFORMATION TO BIDDERS
The City of Lodi hereby notifies all bidders that it will affirmatively insure that, in any contract
entered into pursuant to this advertisement, minority business enterprises will be afforded full
opportunity to submit bids in response to this invitation and will not be discriminated against on the
grounds of race, color, sex or national origin in consideration for an award.
For any moneys earned by the Contractor and withheld by the City of Lodi to ensure the
performance of the Contract, the Contractor may, at Contractor's request and expense, substitute
securities equivalent to the amount withheld in the form and manner and subject to the conditions
provided in Section 22300 of the Public Contract Code of the State of California.
The Contractor may be required to submit copies of payroll records.
The contract documents are available at the office of the Electric Utility Director, 1331 So. Ham
Lane, Lodi, CA 95242, telephone (209) 333-6762.
No bid will be considered unless it is submitted on a proposal form furnished by the City of Lodi.
The prime contractor on this project shall possess a valid State of California Class C-61 or
approved equal contractor's license.
The City of Lodi reserves the right to reject any or all bids, to waive any informality in any bid, to
accept other than the lowest bid, or not to award the bid.
Reference is hereby made to said specifications for further details, which specifications and this
notice shall be considered part of any contract made pursuant thereto.
CITY OF LODI
Joel E. Harris
Purchasing Officer
2.1 April, 2006
SECTION 2
INFORMATION TO BIDDERS
2.100 BID OPENING
A. The Purchasing Officer will receive sealed bids at City Hall Annex, 300 West Pine Street, Lodi,
California, 95240 (P.O. Box 3006, Lodi, California 95241-1910) until
11:00 A.M., Wednesday, May 17, 2006
At that time, in the Public Works Conference Room, City Hall, 221 West Pine Street, Lodi,
California, bids will be publicly opened and read. Bidders or their authorized representatives
are invited to be present.
B. The proposal shall be submitted as directed in the "Notice Inviting Bids" under sealed cover,
plainly marked
Proposal — Tree Trimming
Bid Opening — May 17, 2006
Proposals which are not properly marked may be disregarded. Only proposals actually
received by the Purchasing Officer by the time set for the bid opening will be accepted.
2.200 EXAMINATION OF CONTRACT DOCUMENT AND SITE OF WORK
The Bidder is required to examine carefully the site, Information to Bidders, Bid Proposal, Contract,
General Provisions and Special Provisions, and the plans for the work contemplated, and it will be
assumed that the Bidder has investigated and is satisfied as to the conditions to be encountered, as
to the character, quality and quantities of work to be performed and materials to be furnished and
as to the requirements of the General Provisions, the Special Provisions of the Contract. It is
mutually agreed that submission of a bid proposal shall be considered prima facie evidence that the
bidder has made such examination.
2.300 REGISTRATION OF CONTRACTORS
Before submitting bids, contractors shall be licensed in California in accordance with the provisions
of Chapter 9 of Division III of the Business and Professions Code to perform work as specified in
the Specifications.
2.400 PROPOSAL FORM
Prospective bidders are furnished with one proposal form included in the specifications.
A. The proposal must be signed with the full name and address of the bidder, by an authorized
representative of the company.
B. The purchaser reserves the right to accept other than the lowest bid or to reject any or all bids.
2.2 April, 2006
SECTION 2
INFORMATION TO BIDDERS
2.500 REJECTION OF PROPOSALS
Bids may be rejected if they show any alterations of proposal form, additions not called for, or
alternative bids not properly documented. Bids proposing equipment with which the City has no
prior in-service experience may be rejected. Erasures or irregularities of any kind may also be
cause for rejection.
2.600 BIDDERS GUARANTEE
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 Lodi, for an amount equal to 10% of
the submitted bid amount, and no bid shall be considered unless such cash, cashier's check,
certified check or bidder's bond is enclosed therewith.
All bidder's guarantees will be returned to the respective bidders after the contract has been
awarded, except for those bid guarantees of bidders who may be given further consideration if the
low bidder does not elect to execute the contract. After the award, if the Contractor awarded the bid
does not execute the contract, the bidder's guarantee will be forfeited. All bidder guarantees of
unsuccessful bidders will be returned upon receiving the executed contract.
2.700 BIDDERS RESPONSIBILITY FOR SUBCONTRACTORS
Any subcontractor doing work in excess of one-half of one percent (1/2%) of the total contract price
shall be designed on the form provided in accordance with section 4100, et. seq., of the
Government Code.
Bidder shall be fully responsible for all work of subcontractors, and shall be liable for any failure or
omissions to comply with the specifications for this equipment.
2.800 AWARD OF CONTRACT
A. The award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid
proposal complies with all the requirements described herein.
B. In evaluating the bids and determining lowest total to the City, the City will consider the Sales
Tax Credit in the amount of one percent (1 %) of the purchase price of the equipment, which is
rebated to the City of Lodi when such purchase is consummated at the retailer's place of
business and such business:
1. Is located within the City of Lodi;
2. Is licensed by the California State Board of Equalization to collect sales tax at the local
place of business;
3. Maintains a valid City of Lodi Business License.
2.3 April, 2006
SECTION 2
INFORMATION TO BIDDERS
C. Where alternative bids are received, the City Council reserves the right to select the bid most
advantageous to the City. The award, if made, will be made within thirty days after opening of
the bids.
D. In case of tie bids, consideration will given to bids as described in "Award of Bid", paragraph B,
above. If that section does not apply to resolution of the tie, the tie will be broken by a coin toss,
conducted by the City Purchasing Officer. Tie bidders will be notified and may be present.
2.900 EXECUTION OF CONTRACT
The contract shall be signed by the successful Bidder and returned, together with the contract bond,
within ten (10) working days, 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 an acceptable bond as provided herein within ten (10) working
days, after the Bidder has received notice that the contract has been awarded shall be just cause
for the annulment of the award and the forfeiture of the bidder's deposit.
2.1000 CONTRACT BONDS
The Contractor shall furnish one good and sufficient faithful performance bond in the amount equal
to 100% of the contract amount.
This bond will be required at the time the signed contract is returned to the City.
2.1100 NOTIFICATION OF SURETY COMPANIES
The surety companies shall familiarize themselves with all the provisions and conditions of the
contract. If is understood and agreed that they waive the right of special notification of any
modifications or alterations, omissions or reductions, extra or additional work, extensions of time or
any other act or acts by the City of Lodi or its authorized agents under the terms of the contract; and
failure to so notify the surety companies of such changes shall in no way relieve the surety or
sureties of their obligations under this contract.
2.1200 INSURANCE CERTIFICATE
The Contractor shall furnish a certificate of insurance to the City of Lodi in accordance with Section
5.413 "Public Liability and Property Damage Insurance" and Section 5.414 "Compensation
Insurance" of the General Provisions at the time the signed contract is returned to the City.
2.1300 WORKER'S COMPENSATION INSURANCE
The Contractor shall carry full Worker's Compensation Insurance coverage for all persons
employed in carrying out the work, including subcontractor's employees, under this contract in
accordance with the "Worker's Compensation and Insurance Act", Division IV of the Labor Code of
the State of California and any acts amendatory thereof.
2.4 April, 2006
SECTION 2
INFORMATION TO BIDDERS
2.1400 BID EVALUATION
The lowest responsible bidder will be determined, as follows:
A. Contract price for bid evaluation will be the sum of one times the hourly rate for a "Back Yard
Crew", and one times the hourly rate for a "Street Crew". The bid will be awarded to one
contractor only based on the above summation and the Contractor meeting all other terms and
conditions of these specifications.
Note, the crew bid price to be all inclusive, i.e., labor, overheads, supervision, equipment,
disposal costs, fees, licenses, etc., all to be included;
And Consideration Given To
B. The ability, capacity, skill, character, integrity, reputation, experience and efficiency of the
bidder;
And
C. The quality and condition of the equipment and tools to be provided by the bidder.
2.1500 REFERENCES
The bidder shall submit with his/her bid at least three (3) references indicating contact people in
other electric utilities for whom the bidder has performed line clearing work within the past two (2)
years.
2.1600 EQUIPMENT REVIEW
The City reserves the right to review/inspect the equipment the bidder intends to use during the
execution of this contract as well as the contractor's equipment fleet in general.
2.1700 CONTRACT EXTENSION
The contract and contract price shall be in effect from July 1, 2006 through June 30, 2007. This
agreement may be renewed at City's option on a year-to-year basis for a maximum of two (2)
additional years. Prices shall be mutually agreed upon prior to such renewal or extensions. The
maximum escalation/de-escalation in contract price beginning with and in effect through a fiscal
year period shall be the percentage increase/decrease in salary obtained by the electric unit
represented by IBEW in the preceding fiscal year.
2.1800 DRIVERS LICENSE
All crewmembers shall have a valid State of California driver's license permitting operation of the
vehicles used in conjunction with this tree trimming contract.
2.5 April, 2006
SECTION 2
INFORMATION TO BIDDERS
2.1900 CLOTHING
For crew safety and personal appearance to the public, crewmembers shall wear clothing and
footwear appropriate for the work being performed. There shall be no sneakers or other soft
footwear worn on the job site. Clothing shall be clean and free of tears and holes.
2.5 April, 2006
SECTION 3
BID PROPOSAL
CITY OF LODI, CALIFORNIA
TO: The Lodi City Council
Lodi City Hall Annex
212 West Pine Street
P.O. Box 3006
Lodi CA 95241-1910
The undersigned, as bidder, declares to have carefully examined the Notice Inviting Bids,
Information to Bidders and Specifications filed for furnishing and delivering this equipment, and
agrees to be fully informed regarding all of the conditions affecting the equipment to be furnished for
the completion of the order, and that the information was secured by personal investigation and
research and not from any estimate of a City engineer; and that no claim will be made against the
City by reason of estimates, test or representations of any officer or agent of the City; and proposes
and agrees if the proposal be accepted, to furnish the City of Lodi the necessary equipment
specified in the bid, in the manner and time therein set forth. It has been noted the City of Lodi
reserves the right to accept all or part of this bid, to reject any or all bids, or to accept other than the
lowest bid.
The item listed below is to be in accordance with the City of Lodi specifications attached hereto.
The bidderwill submit a detailed list of any and all exceptions taken to these specifications by either
listing those exceptions in the space provided on the said specifications attached or, when such
space is inadequate, by listing those exceptions on a separate paper by item in the same order of
the City's specifications. In the absence of such a list, it will be understood that the bidder's
proposal is based on strict conformance to the specifications in all respects. If exceptions are
taken, they will be cleared before the award is made.
If awarded the contract, the undersigned agrees to furnish and deliver the equipment described in
the specifications and to take in full payment therefor the following unit and total prices, to -wit:
3.1 April, 2006
SECTION 3
BID PROPOSAL
The undersigned declares that the specifications have been carefully examined for Tree Trimming.
The undersigned further agrees to be responsible for the work of its subcontractors.
UNIT DESCRIPTION PRICE PER HOUR
1 Backyard Crew $
1 Street Crew $
* Including labor, overheads, supervision, equipment, disposal costs, fees, licenses, etc.
The following bid items will be used to compensate for emergency after-hours work and to evaluate
"Downtime".
UNIT
DESCRIPTION
PRICE PER HOUR
STRAIGHT TIME
1
Helper/Groundman
$
/ hr.
1
Tree Trimmer
$
/ hr.
1
Crew Leader
$
/ hr.
1
Chipper
$
/ hr.
1
Dump Truck
$
/ hr.
1
Aerial boom with dump truck
$
/ hr.
Percent to be added to above
labor rates for overhead
Percent to be added to above
labor rates for overtime
including overhead
The undersigned agrees that if this Bid Proposal is accepted, at the time of the signing of the
contract, one good and sufficient performance bond will be furnished in the amount equal to
$20,000.
3.2 April, 2006
SECTION 3
BID PROPOSAL
All bidder's guarantees will be returned to the respective bidders after the contract has been
awarded, except for those bid guarantees of bidders who may be given further consideration if the
low bidder does not elect to execute the contract. After the award, if the Contractor awarded the bid
does not execute the contract, the bidder's guarantee will be forfeited. All bidder guarantees of
unsuccessful bidders will be returned upon receiving the executed contract. Accompanying this Bid
Proposal is (insert the words "Cash, Certified
Check, Cashier's Check or Bidder's Bond", as the case may be) payable to the City of Lodi in the
amount of $2,500 which is to be deposited with the City of Lodi as required.
The undersigned further agrees that in case of default in executing the required contract, together
with the necessary bonds, within ten (10) working days after receiving the contract for signature, the
proceeds of the deposit accompanying the bid shall become the property of the City of Lodi,
California, and this Bid Proposal and the acceptance thereof may be considered null and void.
However, if the undersigned shall execute the contract and furnish the bond required within the time
aforesaid, the deposit shall be returned forthwith.
It is understood that no verbal agreement or conversation with any officer, agent or employee of the
City, either before or after the execution of the Contract, shall affect or modify any of the terms or
obligations of this Bid Proposal.
The undersigned declares that the only person or persons interested in this proposal as principal or
principals is or are the undersigned, and that no person other than the undersigned has any interest
in this Bid Proposal or in the contract proposed to be taken; that this proposal is made without any
connection with any other person or persons making a bid or proposal for the same purpose; that
the proposal is in all respects fair and in good faith and without collusion or fraud; that no City
Officer, either elected or appointed, and no City Employee is, shall be or become directly or
indirectly interested as principal or principals in this Bid Proposal or in the contract proposed to be
made, or in the supplies, work or business to which it relates or in any portions of the profits thereof.
3.3 April, 2006
SECTION 3
BID PROPOSAL
The following information is furnished relative to each subcontractor who will perform work or labor
or render services to the undersigned in and about the construction of the project in an amount in
excess of one-half of one percent (1/2%) of the total amount of this bid. The undersigned agrees
that any portions of the work in excess of one-half of one percent (1/2%) of the total amount of this
bid and for which no subcontractor is designed herein, will be performed by the undersigned.
Name of Subcontractor Address Description of Work
The Undersigned is licensed in accordance with the laws of the State of California, License No.
Federal Contractor/Employer I.D. No.
NAME OF COMPANY
DATE
BY (Print Name)
ADDRESS
CITY, STATE, ZIP
PHONE NUMBER
AUTHORIZED SIGNATURE
TITLE
Classification
Dated: , 19
3.4 April, 2006
SECTION 4
CONTRACT
CITY OF LODI, CALIFORNIA
THIS CONTRACT made on by and between the City of Lodi, State of California, herein
referred to as the "City", and herein referred to as the "Contractor".
WITNESSETH:
That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and
agree with each other, as follows:
The complete Contract consists of the following documents which are incorporated herein by this
reference, to -wit:
Notice Inviting Bids The 1999 Edition
Information to Bidders Standard Specifications,
General Provisions State of California
Special Provisions Department of Transportation
Bid Proposal Agency
Contract Department of Transportation
Contract Bond
All of the above documents, sometimes hereinafter referred to as the "Contract documents," are intended
to cooperate so that any work called for in one and not mentioned in the other is to be executed the same
as if mentioned in all said documents.
ARTICLE I - That for and in consideration of the payments and agreements hereinafter mentioned, to be
made and performed by the City and under the condition expressed in the bond bearing even date with
these present and hereunto annexed, and Contractor agrees with City, at Contractor's cost and expense,
to furnish all labor, equipment and disposal necessary to perform and services (line clearing) in a good
workmanlike manner and to the satisfaction of the City as shown and describe in the Contract Documents
which are hereby made a part of the Contract.
ARTICLE II - The City hereby promises and agrees with the Contractor to employ, and does hereby
employ, the Contractor to provide all services and to do the work according to the terms and conditions
for the price herein, and hereby contracts to pay the same as set forth in Section 5.600, "Measurement,
Acceptance and Payment," of the General Provisions, in the manner and upon the conditions above set
forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns,
do hereby agree to the full performance of the covenants herein contained.
ARTICLE III - And the Contractor agrees to receive and accept the following prices as full compensation
for furnishing 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 action of the elements, or from any unforeseen
difficulties or obstructions which may arise or be encountered in the prosecution of the work until it
acceptance by the City, and for all risks of every description connected with the work; also for all
expenses incurred by or in consequence of the suspension of discontinuance of work and for well and
faithfully completing the work, and the whole thereof, in the manner and according to the Contract
Documents and the requirements of the Electric Utility Director under them, to -wit:
4.1 April, 2006
SECTION 4
CONTRACT
The undersigned declares that the specifications have been carefully examined for Tree Trimming
The undersigned further agrees to be responsible for the work of its subcontractors.
UNIT DESCRIPTION
1 Backyard Crew
1 Street Crew
PRICE PER HOUR
* Including labor, overheads, supervision, equipment, disposal costs, fees, licenses, etc.
The following bid items will be used to compensate for emergency after-hours work and to evaluate
"Downtime".
UNIT DESCRIPTION PRICE PER HOUR
STRAIGHT TIME
1 Helper/Groundsman
$
Jhr.
1 Tree Trimmer
$
/ hr.
1 Crew Leader
$
J hr.
1 Chipper
$
/ hr.
1 Dump Truck
$
/ hr.
1 Aerial boom with dump truck
$
J hr.
Percent to be added to above
labor rates for overhead
Percent to be added to above
labor rates for overtime
including overhead
4.2 April, 2006
SECTION 4
CONTRACT
ARTICLE IV - By my signature hereunder, as Contractor, I certify that I am aware of the provisions of
Section 3700 of the Labor Code, which requires every employer to be insured against liability for
workmen's compensation or to undertake self-insurance in accordance with the provisions of that code,
and I will comply with such provisions before commencing the performance of the work of this Contract.
ARTICLE V - It is further expressly agreed by and between the parties hereto that, should there be any
conflict between the terms of this instrument and the Bid Proposal of the Contractor, then this instrument
shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal
conflicting herewith.
ARTICLE VI - The Contractor agrees to commence work pursuant to this contract within (10) working
days after contract award.
4.3 April, 2006
IN WITNESS WHEREOF, the parties hereto have set their hands the day, month and year appearing
opposite their names.
CITY OF LODI, a Municipal Corporation
Blair King, City Manager Date
ATTEST:
Susan J. Blackston, City Clerk Date
APPROVED AS TO FORM:
D. Stephen Schwabauer, City Attorney Date
CONTRACTOR
Name
Date
SECTION 5
GENERAL PROVISIONS
5.100 SCOPE OF WORK
5.101 WORK TO BE DONE
The work to be done consists of furnishing all labor, materials, methods and processes, implements, tools
and machinery, except as otherwise specified, which are necessary and required to construct and
complete the work designated in these specifications and to leave the grounds in a neat condition.
5.102 ALTERATIONS
By mutual consent in writing of the parties signatory to the contract, alterations or deviations, increases or
decreases, and additions or omissions in the specifications may be made and the same shall in no way
affect or make void the contract.
The City of Lodi reserves the right to increase or decrease the quantity of any item or portion of the work,
or to omit portions of the work as may be deemed necessary or expedient by the Electric Utility Director.
5.103 DELETED
5.104 CLEANING UP
The Contractor shall not allow the site of the work to become littered with trash and waste material, but
shall maintain the same in a neat and orderly condition throughout the construction period. The Electric
Utility Director shall have the right to determine what is or is not waste material or rubbish and the place
and manner of disposal.
The Contractor shall remove and dispose of all trees designated by the Electric Utility Director as
obstructions to the proper completion of the work.
Upon completion and before making application for final acceptance of the work, the Contractor shall
clean the street or road, borrow pits, and all ground occupied by Contractor in connection with the work of
all rubbish, excess materials, temporary structures, and equipment; and all parts of the work shall be left
in a neat and presentable condition, acceptable to the Electric Utility Director.
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5.201 AUTHORITY OF THE ELECTRIC UTILITY DIRECTOR
The Electric Utility Director shall decide any and all questions which may arise as to the quality or
acceptability or materials furnished and work performed, and as to the manner of performance and rate of
progress of the work; all questions which arise as to the interpretation of the plans and specifications; all
questions as to the acceptable fulfillment of the contract on the part of the Contractor; and all questions
as to claim and compensation.
The Electric Utility Director's decision shall be final. The Electric Utility Director shall have executive
authority to enforce and make effective such decisions and orders as the Contractor fails to carry out
promptly.
5.1 April, 2006
SECTION 5
GENERAL PROVISIONS
5.202 DELETED
5.203 DELETED
5.204 COORDINATION OF SPECIFICATIONS
The specifications including all supplementary documents are essential parts of the contract and a
requirement occurring in one is as binding as though occurring in all. They are intended to be
cooperative, to describe, and to provide for a complete work.
Special Provisions shall govern over General Provisions.
5.205 INTERPRETATION OF SPECIFICATIONS
Should it appear that the work to be done, or any matter relative thereto, is not sufficiently detailed or
explained in the specifications, the Contractor shall apply to the Electric Utility Director for such further
explanations as may be necessary, and shall conform to such explanation or interpretation as part of the
contract so far as may be consistent with the intent of the original specifications. In the event of doubt or
question relative to the true meaning of the contract documents, reference shall be made to the Electric
Utility Director, whose decision thereon shall be final.
5.206 ORDER OF WORK
When required by the Special Provisions, the Contractor shall follow the sequence of operations as set
forth therein.
Full compensation for conforming with such requirements will be considered as included in the prices
paid for the various contract items of work, and no additional compensation will be allowed therefor.
5.207 SPECIFICATIONS ON JOB SITE
A complete, approved set of specifications and change orders shall be kept on the job site and available
at all times. Non-availability shall be deemed a cause for temporary suspension of work.
5.208 SUPERINTENDENCE
Before starting work, the Contractor shall designate in writing an authorized representative who shall
have the authority to represent and act for the Contractor, and shall be a certified Arborist.
Said authorized representative shall be present at the site of the work at all times while work is actually in
progress on the contract. When work is not in progress and during periods when work is suspended,
arrangements acceptable to the Electric Utility Director shall be made for any emergency work which may
be required.
Whenever the Contractor of Contractor's authorized representative is not present on any particular part of
the work where it may be desired to give direction, orders will be given by the Electric Utility Director,
which shall be received and obeyed by the superintendent or supervisor who may have charge of the
particular work in reference to which the orders are given.
5.2 April, 2006
SECTION 5
GENERAL PROVISIONS
Any order given by the Electric Utility Director not otherwise required by the specifications to be in writing,
will, on request of the Contractor, be given or confirmed in writing.
5.209 DELETED
5.210 INSPECTION
The Electric Utility Director shall at all times have access to the work during its construction, and shall be
furnished with every reasonable facility or ascertaining the workmanship is in accordance with the
requirements and intentions of the specifications and the General Provisions. All work done and services
furnished shall be subject to the Electric Utility Director's inspection.
Whenever the Contractor varies the period during which work is carried on each day, due notices shall be
given to the Electric Utility Director so that proper inspection may be provided.
The inspection of the work shall not relieve the Contractor of any obligations to fulfill the contract as
prescribed. Work not meeting such requirements shall be made good, and unsuitable work may be
rejected, notwithstanding that such work have been previously inspected by the Electric Utility Director or
that payment therefor has been included in a progress estimate.
5.211 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK
All work which is defective or deficient in any of the requirements of these specifications shall be
remedied, or removed and replaced by the Contractor in an acceptable manner, and no compensation
will be allowed for such correction.
Upon failure on the part of the Contractor to comply forthwith any order of the Electric Utility Director
made under the provisions of this section, the Electric Utility Director shall have authority to cause
defective work to be remedied, or removed and replaced, and unauthorized work to be removed and to
deduct the costs thereof from any moneys due to become due to the Contractor.
5.212 FINAL INSPECTION
Whenever the work provided and contemplated by the Contract shall have been satisfactorily completed
and the final cleaning up performed, and the Electric Utility Director notified in writing, the Electric Utility
Director will make the final inspection.
5.300 DELETED
5.400 LEGAL RELATIONS AND RESPONSIBILITIES
5.401 LAWS TO BE OBSERVED
The Contractor shall keep him/herself fully informed of all existing and future State and National laws and
all municipal ordinances and regulation of the City of Lodi which in any manner affect those engaged or
employed 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 jurisdiction or authority over the same.
5.3 April, 2006
SECTION 5
GENERAL PROVISIONS
5.402 LABOR DISCRIMINATION
Attention is directed to Section 1735 of the Labor Code which reads as follows:
1735. No discrimination shall be made in the employment of persons upon public works because of the
race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status,
or sex of such persons, except as provided in Section 1420, and every Contractor for public works
violating this section is subject to all the penalties imposed for a violation of this chapter.
5.403 PERMITS AND LICENSES
Except as otherwise provided, 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.
5.404 CONTRACTOR'S LICENSING LAWS
Attention is directed to the provisions of Chapter 9 of Division 3 of the Business and Professions Code
concerning the licensing of contractors.
All bidders and contractors shall be licensed in accordance with the laws of the State of California and
any bidder or contractor not so licensed is subject to the penalties imposed by such laws.
5.405 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.
5.406 SAFETY PROVISIONS
The Contractor shall conform to the rules and regulations pertaining to safety established by the
California Division of Industrial Safety.
5.407 PUBLIC CONVENIENCE AND SAFETY
The Contractor shall so conduct the 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. Convenient access to
driveways, houses and buildings along the road or street shall be maintained and temporary crossing
shall be provided and maintained to good condition. Not more than one cross or intersecting street or
road shall be closed at any one time without the approval of the City Engineer.
The Contractor shall furnish, erect and maintain such fences, barriers, lights, signs and flag persons as
are necessary to give adequate warning to the public at all times that the road or street is obstructed and
of any dangerous conditions to be encountered as a result thereof, and shall also erect and maintain such
warning and directional signs as may be furnished by the City.
Signs, lights, flags and other warning and safety devices shall conform to the requirements set forth in the
current "Manual of Warning Signs, Lights and Devices for use in Performance of Work upon Highways,"
5.4 April, 2006
SECTION 5
GENERAL PROVISIONS
issued by the State of California Department of Transportation. Copies of this manual are on file with the
City of Lodi Public Works Department.
No material or equipment shall be stored where it will interfere with the free and safe passage of public
traffic, and at the end of each day's work and at other times when operations are suspended for any
reason, the Contractor shall remove all equipment and other obstructions from that portion of the roadway
open for use by public traffic.
Full compensation for doing the above-mentioned work shall be included in the price paid for the various
contract items of work, and no additional compensation will be allowed therefor.
5.408 PRESERVATION OF PROPERTY
Due care shall be exercised to avoid injury to existing improvements or facilities, utility facilities and
adjacent property, and trees, shrubs and other plants that are not to be trimmed and / or removed.
Trees, shrubs and other plants that are not to be trimmed or removed, and pole lines, fences, signs,
markers and monuments, buildings and structures, and any other above ground improvements or
facilities and all underground facilities shown on the plans or brought to the Contractor's attention during
the contract, within or adjacent to the highway, shall be protected from injury or damage; and if ordered
by the Electric Utility Director, the Contractor shall provide and install suitable safeguards, approved by
the Electric Utility Director, to protect such objects from injury of damage. Such objects injured or
damaged by reason of the Contractor's operations shall be replaced or restored to a condition as good as
when the Contractor entered upon the work, or as good as required by the specifications accompanying
the contract. The Electric Utility Director may make or cause to be made such temporary repairs as are
necessary to restore to service any damaged facility. The cost of such repairs shall be borne by the
Contractor under the contract.
Full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all
the work involved in protecting or repairing property as specified 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 therefor.
5.409 RESPONSIBILITY FOR DAMAGE
The City of Lodi, the City Council, all officers and employees or agent 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 equipment used in performing the work; or for injury or damage to any person or persons,
either work personnel or the public; for damage to adjoining property from any cause whatsoever during
the progress of the work or any time before final acceptance with the exception of those injuries or
damages arising out of the active negligence of the City of Lodi or its agents, officers or employees.
The Contractor shall indemnify and hold harmless the City of Lodi, the City Council, all officers and
employees or agent from any suits, claims or actions brought by any person or persons for or on account
of any injuries or damages sustained or arising in the construction of the work or in consequence thereof.
The City Council may retain as much of the money due the Contractor as shall be considered necessary
until disposition has been made of such suits or claims for damages as aforesaid.
5.5 April, 2006
SECTION 5
GENERAL PROVISIONS
5.410 CONTRACTOR'S RESPONSIBILITY 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 from any other cause, whether arising from the execution or from the non -
execution of the work.
The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the
work occasioned by any of the above causes before final acceptance and shall bear the expenses
thereof, except such injuries or damages occasioned by acts of the Federal Government or the public
enemy.
5.411 NO PERSONAL LIABILITY
Neither the City Council, the Electric Utility Director, nor any other officer or authorized assistant or agent
or employee shall be personally responsible for any liability arising under the contract.
5.412 RESPONSIBILITY OF CITY
The City of Lodi shall not be held responsible for the care or protection of any material or parts of the
work prior to final acceptance, except as expressly provided in these specifications.
5.413 INSURANCE REQUIREMENTS FOR CONTRACTOR
The Contractor shall take out and maintain during the life of this contract, insurance coverage as listed
below. These insurance policies shall protect the Contractor and any subcontractor performing work
covered by this contract from claims for damages for personal injury, including accidental death, as well
as from claims for property damages, which may arise from Contractor's operations under this contract,
whether such operations be by Contractor or by any subcontractor or by anyone directly or indirectly
employed by either of them, and the amount of such insurance shall be as follows:
COMPREHENSIVE GENERAL LIABILITY
$1,000,000 Bodily Injury - Ea. Occurrence/Aggregate
$1,000,000 Property Damage - Ea. Occurrence/Aggregate
or
$1,000,000 Combined Single Limits
COMPREHENSIVE AUTOMOBILE LIABILITY
$1,000,000 Bodily Injury - Ea. Person
$1,000,000 Bodily Injury - Ea. Occurrence
$1,000,000 Property Damage - Ea. Occurrence
or
$1,000,000 Combined Single Limits
5.6 April, 2006
SECTION 5
GENERAL PROVISIONS
NOTE: Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall
provide for a claims period following termination of coverage which is at least consistent with the claims
period or statutes of limitations found in the California Tort Claims Act (California Government Code
Section 810 et seq.).
A copy of the certificate of insurance with the following endorsements shall be furnished to the City:
(a) Additional Named Insured Endorsement
Such insurance as is afforded by this policy shall also apply to the City of Lodi, its
elected and appointed Boards, Commissions, Officers, Agents and Employees as
additional named Insureds insofar as work performed by the insured under written
contract with the City of Lodi.
(b) Primary Insurance Endorsement
Such insurance as is afforded by the endorsement for the Additional Insureds shall
apply as primary insurance. Any other insurance maintained by the City of Lodi or its
officers and employees shall be excess only and not contributing with the insurance
afforded by this endorsement. This language shall be furnished on an endorsement
attached to the certificate of insurance.
(c) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of
more than one insured shall not operate to increase the limit of the company's liability.
(d) Notice of Cancellation or Change in Coverage Endorsement
This policy may not be cancelled nor the coverage reduced by the company without 30
days prior written notice of such cancellation or reduction in coverage to the City
Attorney, City of Lodi, P.O. Box 3006, Lodi, CA 95241-1910.
(e) Contractor agrees and stipulates that any insurance coverage provided to the City of
Lodi shall provide for a claims period following termination of coverage which is at least
consistent with the claims period or statutes of limitations found in the California Tort
Claims Act (California Government Code Section 810 et seq.).
"Claims made" coverage requiring the insureds to give notice of any potential liability
during a time period shorter than that found in the Tort Claims Act shall be
unacceptable.
5.414 COMPENSATION INSURANCE
The Contractor shall take out and maintain during the life of this contract, Worker's Compensation
Insurance for all of Contractor's employees employed at the site of the project and, if any work is sublet,
Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of
the latter's employees unless such employees are covered by the protection afforded by the Contractor.
In case any class of employees engaged in hazardous work under this contract at the site of the project is
not protected under the Worker's Compensation Statute, the Contractor shall provide and shall cause
5.7 April, 2006
SECTION 5
GENERAL PROVISIONS
each subcontractor to provide insurance for the protection of said employees. This policy may not be
cancelled nor the coverage reduced by the company without 30 days prior written notice of such
cancellation or reduction in coverage to the City Attorney, City of Lodi, P. O. Box 3006, Lodi, CA 95241-
1910.
5.415 GUARANTEE AND WARRANTY (MODIFIED)
If, in the opinion of the Electric Utility Director, defective work creates a dangerous condition or requires
immediate correction or attention to prevent further loss to the City or to prevent interruption of operations
of the City, the City will attempt to give the notice required. If the Contractor cannot be contacted or does
not comply with the Electric Utility Director's request for correction within a reasonable time as
determined by the Electric Utility Director, the City may, notwithstanding the provisions of this section,
proceed to make such correction or provide such attention and the costs of such correction or attention
shall be charged against the Contractor.
Such action by the City will not relieve the Contractor of the guarantees provided in this section or
elsewhere in the contract.
This section does not in any way limit the guarantee on any items for which longer guarantee is specified
nor on any items for which a manufacturer gives a guarantee for a longer period, not does it limit other
remedies of the City in respect to latent defects, fraud or implied warranties.
5.416 COOPERATION
Should construction be underway by other agencies or by other contractors within or adjacent to the limits
for the work specified, or should work of any other nature by underway by other forces within or adjacent
to said limits, the Contractor shall schedule and coordinate the work with the other contractors and
agencies so there is the least amount of conflict during all phases of construction. The Contractor is also
responsible for making all necessary agreements with other contractors as required during construction.
5.500 PROSECUTION AND PROGRESS
5.501 SUBCONTRACTING
The Contractor shall give personal attention to the fulfillment of the contract and shall keep the work
under control.
Subcontractor 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 subcontracted by the Contractor is not being prosecuted in a manner
satisfactory to the Electric Utility Director, the subcontractor shall be removed immediately on the
requisition of the Electric Utility Director and shall not again be employed on the work.
5.502 ASSIGNMENT
The performance of the contract may not be assigned, except upon written consent of the City. Consent
will not be given to any proposed assignment which would relieve the original Contractor or Contractor's
surety of their responsibilities under the contract, nor will the City consent to any assignment of a part of
the work under the contract.
5.8 April, 2006
SECTION 5
GENERAL PROVISIONS
5.503 (DELETED)
5.504 (DELETED)
5.505 CHARACTER OF WORK PERSONNEL
If any subcontractor or person employed by the Contractor fails or refuses to carry out the directions of
the Electric Utility Director or appears to the Electric Utility Director to be incompetent or to act in a
disorderly or improper manner, that person shall be discharged immediately on the requisition of the
Electric Utility Director, and such person shall not again be employed on the work.
5.506 TEMPORARY SUSPENSION OF WORK
The Electric Utility Director shall have the authority to suspend the work wholly or in part, for such period
as Electric Utility Director may deem necessary, due to unsuitable weather or to such other conditions as
are considered unfavorable for the suitable prosecution of the work, or for such time as the Electric Utility
Director may deem necessary, due to the failure on the part of the Contractor to carry our orders given, or
to perform any provisions of the contract. The Contractor shall immediately obey such order of the
Electric Utility Director and shall not resume the work until ordered in writing by the Electric Utility
Director.
In the event that suspension of work is ordered as provided above, and should such suspension be
ordered by reason of the failure of the Contractor to carry our orders or to perform any provision of the
contract; or by reason of weather conditions being unsuitable for performing any item or items of work
which, in the sole opinion of the Electric Utility Director could have been performed prior to the
occurrence of such unsuitable weather conditions had the Contractor diligently prosecuted the work when
weather conditions were suitable; the Contractor, at Contractor's expense, shall do all the work necessary
to provide a safe, smooth and unobstructed passageway through construction for use by public traffic
during the period of such suspension as provided in Section 7-1.08, "Public Convenience," and 7-1.09,
"Public Safety," of the Standard Specifications, and as provided in the Contract Specifications. In the
event that the Contractor fails to perform the work above specified, the City may perform such work and
the cost thereof will be deducted from moneys due or to become due the Contractor.
5.507 (DELETED)
5.508 TERMINATION OF CONTRACT
Failure to prosecute the work diligently is grounds for termination of the Contractor's control over the work
by the City of Lodi as provided in Section 14394 of the Government code of the State of California.
5.509 RIGHT -OF WAY
The necessary rights-of-way and easements for the work will be provided by the City of Lodi. The
Contractor shall make arrangements and pay all expenses for additional area required by Contractor
outside of the limits of right-of-way, unless otherwise provided in the Special Provisions.
5.600 MEASUREMENT, ACCEPTANCE AND PAYMENT
5.9 April, 2006
SECTION 5
GENERAL PROVISIONS
5.601 PAYMENT
The City of Lodi shall pay the Contractor monthly upon presentation of invoice delineating all work
performed the previous month. Payment for work performed the last month of this contract will be made
per Section 5.603 and 5.606.
5.602 SUBSTITUTION OF SECURITIES FOR WITHHELD AMOUNT
Pursuant to Section 22300 of the Public Contract Code of the State of California, securities may be
substituted for any moneys withheld by a public agency to ensure performance under a contract. At the
request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited
with the public agency, or with a state or federally chartered bank as the escrow agent, who shall pay
such moneys to the Contractor upon satisfactory completion of the contract.
5.603 FINAL ACCEPTANCE OF THE WORK
The Contractor will notify the Electric Utility Director in writing of the completion. The Electric Utility
Director will check as to the actual completion, and when satisfied will recommend acceptance to the City
Council. The date of completion will be the date of acceptance of the work by the City Council.
5.604 (DELETED)
5.605 CLAIMS FOR DAMAGES
If the Contractor shall claim compensation for any damage sustained by reason of the acts of the City or
its agents, Contractor shall, within five days after sustaining of such damage make to the Electric Utility
Director a written statement of the damage sustained. On or before the fifteenth day of the month
succeeding that in which any such damage shall have been sustained, the Contractor shall file with the
Electric Utility Director an itemized statement of the details and amount of such damage, and unless such
statement shall be made as thus required, claims for compensation shall be forfeited and invalidated and
Contractor shall not be entitled to consideration of payment on account of any such damage.
5.606 FINAL PAYMENT
The Electric Utility Director shall, after the satisfactory completion of the contract, make a final estimate of
the amount of work done thereunder, and the value of such work, and the City of Lodi shall pay the entire
sum so found to be due after deducting therefrom all previous payments and all amounts to be kept and
all amounts to be retained under the provisions of the contract. All prior partial estimates and payments
shall be subject to correction in the final estimate and payment. The final payment shall not be due and
payable until the expiration of 30 days after filing of notice of completion provided no liens have been
filed.
It is mutually agreed between the parties to the contract that any payments made under the contract,
except the final payment, shall not be conclusive evidence of the performance of the contract, either
wholly or in part, against any claim of the City of Lodi, and no payment shall be construed to be an
acceptance of any defective work or improper materials.
And the Contractor further agrees that the payment of the final amount due under the contract, and the
adjustment and payment for any work done in accordance with any alterations of the same, shall release
5.10 April, 2006
SECTION 5
GENERAL PROVISIONS
the City of Lodi, the City Council, and all officers and employees from any and all claims or liability on
account of work performed under the contract of any alteration thereof.
5.700 STANDARD SPECIFICATIONS
The work embraced herein shall be done in accordance with the appropriate provisions of construction
details of the specifications entitled, "State of California, Business and Transportation Agency,
Department of Transportation, Standard Specifications, July 1999," insofar as the same may apply, which
specifications are hereinafter referred to as the Standard Specifications and in accordance with the
following Special Provisions.
Whenever in the contract documents or the Standard Specifications the term "State" is used, it shall be
understood to mean and refer to the City of Lodi.
Other items 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.
5.11 April, 2006
SECTION 6
SPECIAL PROVISIONS
6.01 DESCRIPTION OF WORK
The work consists of line clearing (tree trimming) for subtransmission, distribution and secondary circuits
including overhead services within city limits at the direction of the Electric Utility Director. Distribution
circuits shall be cleared a minimum of six (6) feet. This agreement may be renewed at City's option on a
year-to-year basis for a maximum of three (3) additional years. Prices shall be mutually agreed upon to
such renewal or extension (see Section 2.1700 for detail).
6.02 CONTROL OF MATERIAL
a) Wood Wood shall be cut into lengths easily manageable by one person in order to prevent
injury when lifting.
b) Residents Right to Wood The resident on whose property the tree(s) is growing shall have
first choice over any wood collected from such trees.
c) Disposal Contractor to dispose of all material generated as a result of work performed,
provided conditions described in 6.02 (b) do not apply.
Disposal of material shall be at the "Central Valley Waste Services" transfer station located at
Turner Road and Cluff Avenue and/or at any other recycle and/or composting site within a total
driving time (to and from) not to exceed'/2 hour as measured from city limits if outside the city
and to the exclusive approval of the Electric Utility Director. All fees associated with disposal
shall be borne by the Contractor. Weigh slip for each disposal shall be submitted to the
Electric Utility Director.
6.03 GUARANTY AND WARRANTY
The Contractor shall guaranty and warrant all tools and equipment supplied as being fit for the purpose
intended. The Contractor shall guaranty and warrant all work performed as having been accomplished in
a proper and workmanlike manner.
The City is hereby authorized to perform additional trimming work if the Contractor fails to make or
undertake with due diligence the aforesaid additional trimming work within (10) days after he is given
written notice of such unsatisfactory work provided, however, that in case of emergency where, in the
opinion of the Engineer of Work, providing a reasonable attempt has been made to notify the Contractor,
delay would cause serious loss or damages, or a serious hazard to the public, the additional trimming
may be performed or lights, signs, and barricades erected without prior notice to the Contractor, and the
Contractor shall pay the entire cost thereof. At the completion of the work, the Faithful Performance Bond
may be reduced at the discretion of the Lodi City Council to not less than ten (10) percent of the contract
price to cover said guarantee.
6.04 COORDINATION OF WORK
The Contractor shall be responsible for coordinating all activity with the Electric Utility Director.
Scheduled work shall be performed during normal working hours, 7:00 a.m. to 3:30 p.m., Monday through
Friday. The Electric Utility Director shall have the authority to change the hours to work to meet the
needs of the City. Work will be performed on an as -needed basis as determined by the Electric Utility
Director.
6.1 April, 2006
SECTION 6
SPECIAL PROVISIONS
6.05 EMERGENCY WORK
Emergency call -out work shall be coordinated between Contractor and Electric Utility Director on a verbal
authorization basis. The Electric utility Director reserves the right to furnish such staff, equipment, tools
and materials required as is deemed expedient, and the contractor shall have no claim for payment on
the cost of such items. All emergency work shall be reported daily upon separate report sheets,
furnished to the Electric Utility Director and signed by both parties. These reports shall thereafter be
considered the true record of emergency work done. It is the responsibility of the Contractor to ensure
that its personnel are available on a timely basis (e.g. within 30 minutes) for after hours emergency tree
work. The Contractor shall provide a means to immediately contact its designated representative for after
hours work.
6.06 TEMPORARY SUSPENSION
The Contractor shall have the authority to suspend the work wholly or in part, for such a period as he may
deem necessary, due to unsuitable weather or to such other conditions as are considered unfavorable for
the suitable prosecution of the work.
6.07 BEGINNING WORK
Contractor shall respond to work requests from the Electric Utility Director within five (5) days.
6.08 WORK CENTER
Contractor shall establish a work center in a centralized location of the work area as a base for daily
operations.
6.09 PARKING
The City may, at its option, make available to Contractor arrangements for parking on City premises, in
aid of performance of this contract. Contractor shall hold City harmless and shall indemnify City for any
and all damages arising from or related to such parking arrangements.
6.10 CREWS AND EQUIPMENT
a) "Backyard Crew" consisting of line clearing foreman, line clearing climber and
groundman/helper equipped with chipper, dump truck and incidental power and hand
tools.
b) "Street Crew" consisting of line clearing foreman and line clearing climber equipped
with chipper, insulated aerial boom with dump body and incidental power and hand
tools.
The successful bidder shall be capable of furnishing one 'Backyard Crew' with all the necessary tools and
equipment for twelve months as well as one `Street Crew' with all necessary tools and equipment for
twelve months. If requested by the Electric Utility Director in writing, additional tree clearance crews will
be supplied by the Contractor during extension periods or upon a minimum of thirty (30) days written
notice.
6.2 April, 2006
SECTION 6
SPECIAL PROVISIONS
6.11 BILLING AND PAYMENT
The Contractor shall submit one invoice for payment to the Electric Utility Director for all work performed
during the previous month. The invoice shall indicate the type of work completed, type of species of the
tree(s), quantities, location(s), dates work accomplished, and crew hours, i.e., 'Backyard Crew' and/or
'Street Crew.' A weekly billing cycle, to be approved by the Electric Utility Director, may be acceptable.
Payment will be made after approval of the invoice by the Electric Utility Director and will be based on
hours worked by either crew configuration times the respective bid prices per hour per crew. Such
payment shall be all inclusive and no additional payment will be made for such items as supervision,
disposal of material, disposal fees, other fees or licenses, etc. Computation of hours worked shall be
computed to the nearest quarter (1/4) hour. Downtime as a result of equipment failure will be subtracted
from the above payment and be based on hourly rates quoted for both equipment and personnel
involved.
6.12 TERMINATION OF CONTRACT
This contract can be terminated at any time by the Electric Utility Director at his sole discretion.
6.13 SAFETY
American National Standard ANSI 2133.1 standards for tree care operations - pruning, trimming,
repairing, maintaining, and removing trees, and cutting brush - safety requirements is made a part of
these Standard Tree Trimming Specifications.
6.14 GENERAL OBJECTIVES
Prune trees to accomplish the following: to select and develop permanent scaffold branches that are
smaller in diameter than the trunk or branch to which they are attached, which have vertical spacing from
18 to 48 inches and radial orientation so as not to overlay on another; to eliminate diseased or damaged
growth; to eliminate narrow V-shaped branch forks that lack strength; to reduce toppling and wind
damaged by thinning out crowns; to maintain growth within space limitations; to maintain a natural
appearance; to balance crown with roots (same instructions are in force when clearing electrical
energized lines). Evergreen trees should be thinned out and shaped when necessary to prevent wind
and storm damage. The primary pruning of deciduous trees should be done during the dormant season.
Damaged trees, or those that constitute health or safety hazards, should be pruned at any time of the
year as required. All pruning cuts should be made to lateral branches or to outside of branch collar with
the trunk. Under no circumstance should "stubbing" ever be performed.
6.15 PRUNING CATEGORIES
a) Thinning and shaping - all trees are to be pruned to follow the natural growth of the tree.
b) Height reduction - prune top growth to reduce overall height of tree by approximately 20%, but
no lower than 15 feet, except where necessary to maintain adequate clearance from energized
lines. Does not include changing the scaffolding structure of the tree.
6.16 TREE PRUNING AND REMOVAL REQUIREMENTS
6.2 January, 2001
SECTION 6
SPECIAL PROVISIONS
The instructions defined herein are the City's standards for clearing of lines and provide details and
directions to the Contractor. The Contractor shall perform the following services in a professional
workmanship like manner consistent with all appropriate rules of safety.
a) Follow the shape suggested by the natural growth habits of each tree species.
b) Cut the laterals to preserve the natural form of the tree, leaving the head open enough for the
branching system to show and permitting dead material to be easily cleaned out and light to
show through the head. Tree foliage shall not be reduced by more than 20%.
c) Do not use spurs unless removing the tree.
d) Crown reduction should be used to reduce the height or spread of a tree in conjunction with
thinning cuts.
e) All limbs, one inch in diameter or over, shall be removed using three cuts where there is a
chance of the bark tearing at the crotch. Removing large limbs the undercut should be at
least one-third of the diameter. Make the second one to three inches further from the crotch
than the first. The final cut is made outside of branch collar. Cuts shall not be made so large
that they will prevent normal sap flow.
f) On trees known to be diseased, pruning tools as well as cut surfaces shall be disinfected with
a ten percent (10%) chlorine bleach solution or sterilant after each cut and between trees
where there is danger of transmitting the disease on tools.
g) Pruning with hand pruners will be permitted. Small limbs, including suckers and water spouts,
shall be cut close to the trunk or branch from which they arise.
h) All cut branches three and one-half inches or larger in diameter shall be lowered by proper
ropes to the ground. Any damage caused by dropped limbs shall be repaired promptly at the
Contractor's expense and to the satisfaction of the Electric Utility Director.
i) Pruning around high voltage distribution and transmission lines shall be done by a certified
and qualified line clearance tree trimmer.
j) Do not spray any cuts.
k) All trees to be completely removed shall be cut to grade.
1) Remove all loose bark hanging in crotches of all Eucalyptus trees.
6.17 PROPERTY OWNER NOTIFICATION
Property owners shall be notified a minimum of 24 hours prior to any trimming on their property. Door
knob hangers may be used if contact cannot be made with the occupant of the property. Notification is
not required for emergency call -out work.
6.18 CITY NOTIFICATION
The City of Lodi shall be notified 48 hours in advance in order to de -energize a line section.
6.4 April, 2006
SECTION 6
SPECIAL PROVISIONS
The Contractor shall notify the System Operator daily of the work area for the day and shall obtain a no -
test order on lines in the work area.
Each crew supervisor or crew leader shall report to the Electric Utility Superintendent at the beginning of
each work day for specific assignments.
6.19 EMERGENCY WORK
Emergency call -out work shall be coordinated between the Contractor and the Electric Utility Director on
a verbal authorization basis.
6.20 OVERTIME WORK
Authorization for overtime work shall be obtained from the Electric Utility Director prior to commencing
any overtime work.
6.21 RECORD KEEPING
A complete record of all tree work shall be submitted daily to the Electric Utility Director. Line clearance
records will include type of tree work performed, date, species, type of crew, tools required, hours,
locations and any other information required by the Electric Utility Director. The Electric Utility
Department will supply the Contractor with the record keeping forms.
6.22 QUALIFICATIONS
The following qualifications shall apply to line clearing Foremen, climbers and apprentice climbers. Line
clearing Foreman shall have completed an approved apprenticeship in line clearing and have a minimum
of one year experience as a foreman. Line clearing climber shall have completed an approved
apprenticeship in line clearing 18 months. Apprentices shall be utilized as Groundman. Crew must be
trained in CPR, First Aid and Aerial rescue. Written documentation shall be provided on each crew
member for approval by the Electric Utility Director.
6.5 April, 2006