HomeMy WebLinkAboutAgenda Report - January 21, 2009 E-03AGENDA ITEM & 3
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Approve Implementationand Authorize Advertisement for Bidsfor Rejuvenationof
12,500feet of Underground Electric Cable in Royal Crest Subdivision (EUD)
MEETING DATE: January 21,2009
PREPARED BY Electric Utility Director
RECOMMENDED ACTION: Approve the implementation and authorize the advertisement for
rejuvenation of 12,500 feet of underground electric cable in Royal
Crest Subdivision.
BACKGROUND INFORMATION: In the C i of Lodi, there area numberof distribution circuits with
direct -buried underground primary and secondary cables. The Royal
Crest Subdivision is one of those areas. Most of these power lines
have over 30 years of service and are reaching the end of expected lie. There have also been a number
of failures in this direct buried cable due to insulation weakness which have led to main feeders outages.
To ensure continued reliable electric service, the Electric Utility Department (EUD) believes it is prudent
to begin a program to replace aged direct buried cable. Typically this requires digging trenches, laying
down new conduits, and pulling new conductors (cable). Note that the areas of Lodi served by older
direct -buried distribution lines include other areas in addition to Royal Crest Subdivision.
The ocst of replacing the direct -buried underground system with new cable in new conduits is very
expensive. As a result, EUD researched cheaper options to solve the problem of addressing direct
buried cable. Rejuvenation of insulation for the direct -buried cables through the injection of polymerwas
identified as a possible cost-effective option. In fact, the cost of rejuvenatingthe insulation of the existing
cable is expected to be less than half the cost to replace old cable.
Rejuvenation involves injecting old cable with a product called Ultrinium 732 at high pressure, which is
expected to extend the I ife of the cable for 40 or more years.
FISCAL IMPACT: Estimated cost is $130,000. The estimated costfor full replacement is $300,000
The estimated savings for rejuvenation over replacement is $170,000.
_W `J_►J_ll CC3
AcIl2008-09 Budget Account No.
BudgetManager
180651.7730
Electric Utility Director
PREPARED BY: Demy Bucaneg. Jr., P.E., Assistant Electric Utility Director
Weldat Haile, Senior Power Engineer
APPROVED '::�
B ng, City Manager
Speafications
SILICONE INJECTION OF UNDERGROUND CABLE
ROYAL CREST SUBDIVISION
January 2009
CITY OF LODI
I : I :m 1--w 1� : :A I
TABLE OF CONTENTS
Section Title Page
No.
SECTION 1
SECTION 2
SECTION 3
SECTION 4
SECTION 5
SECTION 6
SECTION 7
NOTICE INVITING BIDS................................................................... 1.1
INFORMATION TO BIDDERS........................................................... 2.1
BIDPROPOSAL................................................................................ 3.1
CONTRACT....................................................................................... 4.1
GENERAL PROVISIONS.................................................................. 5.1
SPECIAL PROVISIONS.................................................................... 6.1
TECHNICAL CONDITIONS............................................................... 7.1
SILICONE INJECTION OF UNDERGROUND CABLE SECTION 1
ROYAL CREST SUBDIVISION NOTICE INVITING BIDS
CITY OF LODI, CALIFORNIA
Sealed proposals will be received by the Budget Manager, Lodi City Hall Annex,
212 W. Pine Street, P.O. Box 3006, Lodi, California, 95241-1910, until 11 a. m. on
Thursday, January 28, 2009. At that time, the proposals will be publicly opened and
read in the Public Works Conference Room, Lodi City Hall, 221 W. Pine Street, for
performing the following described work.
The work consists of
• Injection of approximately 4,600' of 1/0 AWG 220 mil cable
• Injection of approximately 8,600' of #2 AWG 220 mil cable
• Excavation as required
• Neutral repair as required
• Splice replacement as required
• Removal and installation of asphalt and concrete as necessary to complete the
project
• Backfill and compact all excavation
• Disposal of all excess material
and other incidental and related work, all as shown on the plans and specifications for the
above project.
The Contractor agrees to commence work within 30 calendar days after both parties have
signed the contract and to complete the work within 120 working days. Upon signing
the contract, Contractor agrees that length of time of the contract is reasonable.
In accordance with the provisions of Section 1770 of the Labor Code, the Director of
Department of Industrial Relations of the State of California has determined the general
prevailing rates of wages and employer payments for health and welfare, pension,
vacation, travel time, and subsistence pay as provided for in Section 1773.8,
apprenticeship or other training programs authorized by Section 3093 and similar
purposes applicable to the work to be done. Said wages are available online at
www.dir.ca.gov/DLSR/PWD. The Contractor and any subcontractor shall pay each
employee engaged in the trade or occupation not less than the hourly wage rate. As the
wage determination for each craft reflects an expiration date, it shall be the responsibility
of the prime contractor and each subcontractor to ensure that the prevailing wage rates of
concern are current and paid to the employee.
The Contractor shall make travel and subsistence payments to each worker needed to
execute the work as such travel and subsistence payments 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.
The City of Lodi hereby notifies all bidders that it will affirmatively ensure 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 shall submit copies of payroll records.
The contract documents are available at the office of the Electric Utility Department, 1331
South Ham Lane, Lodi, California, 95242, (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 A or C10 contractor's license.
The City Council 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.
By Order of the City Council
RANDI JOHL
City Clerk
SILICONE INJECTION OF UNDERGROUND CABLE SECTION 2
ROYAL CREST SUBDIVISION INFORMATION TO BIDDERS
2.100 BID OPENING
The Budget Manager will receive sealed bids at the Lodi City Hall Annex, 212 West Pine
Street, Lodi, California, 95240, until the time for opening bids as noted in the "Notice
Inviting Bids". Bidders or their authorized agents are invited to be present.
The proposal shall be submitted as directed in the "Notice Inviting Bids" under sealed
cover, plainly marked as a proposal and identifying the project to which the proposal
relates and the date of the bid opening therefor. Proposals which are not properly
marked may be disregarded. Only proposals actually received by the Budget Manager
by the time set for the bid opening will be accepted.
2.200 EXAMINATION OF CONTRACT DOCUMENTS AND SITE OF WORK
The bidder is required to examine carefully the site, Information to Bidders, Bid Proposal,
Contract, General Provisions, 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 and 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.
If omissions, discrepancies or apparent errors are found in the plans and specifications
prior to the date of bid opening, the bidder shall submit a written request for a clarification,
which will be given in the form of addenda to all bidders if time permits.
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.
2.400 BIDDING DOCUMENTS
A. Proposal Form - All proposals must be made on the forms provided with this set of
specifications. Bids not presented in this form shall be disregarded. All proposals
must be signed by the Bidder. If the bidder is a corporation, the corporation's seal
must be used.
The bidder shall set forth for each unit basis item of work a unit price and a total for
the item, and for each lump sum item a total for the item, all in clearly legible figures
in the respective spaces provided for that purpose. In the case of unit basis items,
the amount set forth under the "Total Price" column shall be the product of the unit
price bid and the estimated quantity for the item.
In case of discrepancy between the unit price and the total set forth for a unit basis
item, the unit price shall prevail, except as provided in a) or b), as follows:
1) If the amount set forth as a unit price is unreadable or otherwise unclear, or is
omitted, or is the same as the amount of the entry in the item total column, then
the amount set forth in the "Total Price" column for the item shall prevail and shall
be divided by the estimated quantity for the item and the price thus obtained shall
be the unit price;
2) (Decimal Errors) If the product of the entered unit price and the estimated
quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-
hundredth, etc. from the entered total, the discrepancy will be resolved by using
the entered unit price or item total, whichever most closely approximates
percentage -wise the unit price.
Each proposal shall include all addenda or clarifications issued during the bidding
period acknowledged by the bidder's signature thereon. Failure to so include or
acknowledge an addendum or clarification may result in the proposal being rejected
as not responsive.
B. List of Proposed Subcontractors - Any subcontractor doing work in excess of 1/2 of 1
percent of the total contract price shall be designated on the form provided it
accordance with Sections 4100 et seq. of the Government Code.
C. Bidder's 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 at least 10% of the amount of said
bid and no bid shall be considered unless such cash, cashier's check, certified
check, or bidder's bond is enclosed.
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.
2.500 REJECTION OF PROPOSALS CONTAINING ALTERATIONS, ERASURES OR
IRREGULARITIES
Proposals may be rejected if they show any alterations of form, additions not called for,
conditional or alternative bids, incomplete bids, erasures or irregularities of any kind.
The right is reserved to reject any and all proposals.
2.600 PREVAILING WAGE RATES/LABOR CODE REQUIREMENTS
A. Prevailing Wage Rates Bidders are notified that the contractor to whom the contract
is awarded, and any subcontractor under them, must pay the general prevailing
wage rates as ascertained from time to time by resolution of the City Council. In
accordance with the provisions of Section 1773 of the Labor Code, the Director of
the Department of Industrial Relations of the State of California has determined the
general prevailing rates of wages and employer payments for health and welfare,
pension, vacation, travel time, and subsistence pay as provided for in Section
1773.8, apprenticeship or other training programs authorized by Section 3039, and
similar purposes applicable to the work to be done. Said rates are available online at
www.dir.ca.gov/DLSR/PWD.
The contractor performing the work shall be responsible for obtaining a copy of the
State wage rate determination. The contractor shall be responsible for posting said
wage rate at a prominent location at the work site and shall maintain same in a good,
readable condition for the duration of the work. In those projects where Federal
funds are involved, as indicated by the inclusion of Federal wage determinations in
the project "Instructions to Bidders", the minimum wages to be paid shall be the
highest of either the State or Federal prevailing wage rates.
Should the contractor choose to work on a Saturday, Sunday or on a holiday
recognized by the Labor Unions, the contractor shall reimburse the City of Lodi the
actual cost of engineering, inspection, superintendence, and/or other overhead
expenses which are directly chargeable to the contract. Should such work be
undertaken at the request of the City, reimbursement will not be required.
B. Payroll Records The prime contractor to whom the contract is awarded shall insure
that they and each subcontractor will, in accordance with Section 1776 of the Labor
Code, maintain certified payroll records. It shall be the prime's responsibility to
obtain copies of the current prevailing wage rate determination for all subcontractors.
The contractor shall submit copies of all weekly payrolls to the Engineer.
C. Apprenticeship Standards The prime contractor shall comply with the provisions
established in Section 1777.5 of the Labor Code concerning the 1) certified approval
by local joint apprenticeship committees for the employment and training of
apprentices, and 2) contribution of funds to administrate and conduct apprenticeship
programs.
D. Labor Code Section 1776
1) Each contractor and subcontractor shall keep an accurate payroll record,
showing the name, address, social security number, work classification, straight
time and overtime hours worked each day and week, and the actual per diem
wages paid to each journeyman, apprentice, worker, or other employee
employed by him or her in connection with the public work.
2) The payroll records enumerated under subdivision (1) shall be certified and
shall be available for inspection at all reasonable hours at the principal office of
the contractor on the following basis:
a) A certified copy of an employee's payroll record shall be made available
for inspection or furnished to the employee or his or her authorized
representative on request.
b) A certified copy of all payroll records enumerated in subdivision (1) shall
be made available for inspection or furnished upon request to the City, the
Division of Labor Standards Enforcement, and the Division of
Apprenticeship Standards of the Department of Industrial Relations.
c) A certified copy of all payroll records enumerated in subdivision (1) shall
be made available upon request by the public for inspection or copies
thereof made; provided, however, that a request by the public shall be
made through either the City, the Division of Apprenticeship Standards, or
the Division of Labor Standards Enforcement. If the requested payroll
records have not been provided pursuant to paragraph 1), the requesting
party shall, prior to being provided the records, reimburse the costs of
preparation by the contractor, subcontractors, and the entity through which
the request was made. The public shall not be given access to the records
at the principal office of the contractor.
3) Each contractor shall file a certified copy of the records enumerated in
subdivision (1) with the entity that requested the records within 10 days after
receipt of a written request.
4) Any copy of records made available for inspection as copies and furnished
upon request to the public or any public agency by the City, the Division of
Apprenticeship Standards, or the Division of Labor Standards Enforcement
shall be marked or obliterated in such a manner as to prevent disclosure of an
individual's name, address, and social security number. The name and
address of the contractor awarded the contract or performing the contract shall
not be marked or obliterated.
5) The contractor shall inform the City of the location of the records enumerated
under subdivision (1), including the street address, city and county, and shall,
within five working days, provide a notice of a change of location and address.
6) In the event of noncompliance with the requirements of this section, the
contractor shall have 10 days in which to comply subsequent to receipt of
written notice specifying in what respects the contractor must comply with this
section. Should noncompliance still be evident after the 10 -day period, the
contractor shall, as a penalty to the State or political subdivision on whose
behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each
calendar day, or portion thereof, for each worker, until strict compliance is
effectuated. Upon the request of the Division of Apprenticeship Standards or
the Division of Labor Standards Enforcement, these penalties shall be withheld
from progress payments then due.
2.700 AWARD OF CONTRACT
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.
In case of tie bids, the tie will be broken by a coin toss, conducted by the City Budget
Manager. Tie bidders will be notified and may be present.
"Lowest responsible bidder" refers to not only the attribute of trustworthiness, but also to
the quality, fitness, and capacity of the low monetary bidder to satisfactorily perform the
proposed work. If the Council determines to award a contract to other than the lowest
monetary bidder, the City shall:
1. Notify the lowest monetary bidder;
2. Give the lowest monetary bidder an opportunity to know the reason why he/she is
not considered the lowest responsible bidder;
3. Give the lowest monetary bidder an opportunity to ask for a pre -award hearing
before the City Council.
2.800 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 the 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
proposal deposit. The City may elect to adjust the start of working days as described in
Section 6-04.03 to account for delays in executing the contract.
The successful bidder acknowledges, upon signing the contract, that the time of
completion of the contract is reasonable.
2.900 CONTRACT BONDS
The Contractor shall furnish one good and sufficient bond:
A labor and materials bond in the amount of fifty percent (50%) of the contract price.
This bond will be required at the time the signed contract is returned to the City. The
Contract Surety Bond (Labor and Materials) and the "California All -Purpose
Acknowledgement" included as a part of the contract documents must be completed,
signed, notarized and returned to the City together with the signed Contract.
2.1000 NOTIFICATION OF SURETY COMPANIES
The surety companies shall familiarize themselves with all the provisions and conditions
of the contract. It 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.
2.1100 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.
2.1200 WORKER'S COMPENSATION INSURANCE
The Contractor shall provide proof of full Worker's Compensation Insurance coverage for
all persons employed in carrying out the work, including proof of coverage of
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. In addition the contractor shall submit a
copy of the companies Illness, Injury, Prevention Program (I.I.P.P.) to the Engineer.
SILICONE INJECTION OF UNDERGROUND CABLE SECTION 3
ROYAL CREST SUBDIVISION BID PROPOSAL
CITY OF LODI, CALIFORNIA
Date: January 2009
To the Lodi City Council
c/o Budget Manager
(If delivered by FedEx. UPS or courier):
212 West Pine Street
Lodi, CA 95240
(If delivered by mail):
P.O. Box 3006
Lodi, CA 95241-1910
The undersigned declares that the site has been carefully examined, as well as
information to Bidders, Contract, General Provisions, Special Provisions and the Plans for
the construction of various items required for the above-named project and submits this
schedule of prices for the items of the bid.
If awarded the Contract, the undersigned agrees to furnish all labor, material and
equipment necessary to complete said work for this project, excepting those items
supplied by the City of Lodi, in strict accordance with the Plans, Information to Bidders,
General Provisions, Special Provisions and Contract form adopted for the same and the
requirements under them of the Engineer, and will take in full payment therefor the
following unit and total prices, to -wit:
The work consists of performing cable testing, analysis, preparation and
restoration of insulation integrity utilizing silicone injection technique to improve
the life expectancy of certain cables within the City of Lodi's 12 kV underground
distribution system and other incidental and related work, all as shown on the
plans and specifications for the above project.
BID ITEMS
ITEM
EST'D.
NO.
DESCRIPTION
UNIT
QTY
UNIT PRICE
1.
Cable Testing and
Analysis
LS
1
$ $
2.
Silicone Injection of 12 kV
cable for #2 AWG
220 mi
LF
8,600
$ $
3.
Silicone Injection of 12 kV
cable for 1/0 AWG 220 mil
LF
4,600
$ $
TOTAL BID $
UNIT PRICE ITEMS
ITEM
NO.
DESCRIPTION
UNIT
UNIT PRICE
1.
Splice Pit Excavation
CF
$
2.
Asphalt Removal and
Replacement
CF
$
3.
Concrete Removal and
Replacement
SF
$
4.
Curb and Gutter
Replacement
LF
$
5.
Backfill, compact all
excavations
EA
$
6.
Dispose of all excess
material
LS
$
7.
Excavation Safety
LS
$
The undersigned agrees that if this Bid Proposal is accepted, at the time of the signing of
the contract, two good and sufficient bonds will be furnished: one in the amount of 100
percent of the contract price for faithful performance of all the terms and covenants and
conditions of the contract; the other in the amount of 50 percent of the contract price to
guarantee the payment for labor and materials used in performing the work embraced
under this contract.
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 equal to at least 10% of the total
bid, 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 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 bonds 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.
It is understood that the City will not be responsible for any errors or omissions on the
part of the undersigned in making up the bid, nor will bidders be released on account of
errors.
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.
All representations made herein are true and are made under penalty of perjury.
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 of the total amount of this bid
or, on a street, highway or bridge project, work in excess of one-half of one percent or
$10,000, whichever is greater. The undersigned agrees that any portions of the work in
excess of the specified amounts shown above and for which no subcontractor is
designated herein, will be performed by the undersigned.
Name of Subcontractor Address Description of Work
(Attach additional sheets if needed.)
The Undersigned is licensed in accordance with the
License No. ,
Classification , License Expiration Date
Federal Contractor/Employer I.D. No.
Bidder
Authorized Signature
Name (Please Print)
Title
TYPE OF ORGANIZATION
Individual, Partnership or Corporation
Address
Dated:
laws of the State of California,
20
(Affix corporate seal if Corporation)
Telephone
SILICONE INJECTION OF UNDERGROUND CABLE
ROYAL CREST SUBDIVISION
CITY OF LODI, CALIFORNIA
SECTION 4
CONTRACT
THIS CONTRACT made 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
Information to Bidders
General Provisions
Special Provisions
Bid Proposal
Contract
Contract Bonds
Plans
The Latest Edition of
Standard Specifications,
State of California,
Business and Transportation Agency,
Department of Transportation
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 two bonds bearing even date with these presents and hereunto annexed, the
Contractor agrees with the City, at Contractor's cost and expense, to do all the work and
furnish all the materials except such as are mentioned in the specifications to be
furnished by the City, necessary to construct and complete in a good workmanlike and
substantial manner and to the satisfaction of the City the proposed improvements as
shown and described 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 materials and services not supplied by
the City 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 - The Contractor agrees to conform to the provisions of Chapter 1, Part 7,
Division 2 of the Labor Code. The Contractor and any Subcontractor will pay the general
prevailing wage rate and other employer payments for health and welfare, pension,
vacation, travel time, and subsistence pay, apprenticeship or other training programs.
The responsibility for compliance with these Labor Code requirements is on the prime
contractor.
ARTICLE IV - And the Contractor agrees to receive and accept the following prices as full
compensation for furnishing all materials and for doing all the work contemplated and
embraced in this agreement; also for all loss or damage arising out of the nature of the
work aforesaid or from the action of the elements, or from any unforeseen difficulties or
obstructions which may arise or be encountered in the prosecution of the work until its
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 or discontinuance
of work and for well and faithfully completing the work, and the whole thereof, in the
manner and according to the Plans and Contract Documents and the requirements of the
Engineer under them, to -wit:
The work consists of performing cable testing, analysis, preparation and restoration of
insulation integrity utilizing silicone injection technique to improve the life expectancy of
certain cables within the City of Lodi's 12 kV underground distribution system and other
incidental and related work, all as shown on the plans and specifications for the above
project.
BID ITEMS
ITEM EST'D.
NO. DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE
Cable Testing and
Analysis LS 1 $ $
2. Silicone Injection of 12 kV
cable for #2 AWG
220 mi LF 8,600 $ $
3. Silicone Injection of 12 kV
cable for 1/0 AWG 220 mil LF 4,600 $ $
TOTAL BID $
UNIT PRICE ITEMS
ITEM
NO.
DESCRIPTION
UNIT
UNIT PRICE
1.
Splice Pit Excavation
CF
$
2.
Asphalt Removal and
Replacement
CF
$
3.
Concrete Removal and
Replacement
SF
$
4.
Curb and Gutter
Replacement
LF
$
5.
Backfill, compact all
excavations
EA
$
6.
Dispose of all excess
material
LS
$
7.
Excavation Safety
LS
$
ARTICLE V - 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 workers' 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 VI - 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 VII - The City is to furnish the necessary rights-of-way and easements and to
establish lines and grades for the work as specified under the Special Provisions. All
labor or materials not mentioned specifically as being done by the City will be supplied by
the Contractor to accomplish the work as outlined in the specifications.
ARTICLE VIII - The Contractor agrees to commence work pursuant to this contract within
30 calendar days after the execution of the contract by the City and to diligently prosecute
to completion within 120 WORKING DAYS.
WHEN SIGNING THIS CONTRACT, THE CONTRACTOR AGREES THAT THE TIME
OF COMPLETION FOR THIS CONTRACT IS REASONABLE AND THE CONTRACTOR
AGREES TO PAY THE CITY LIQUIDATED DAMAGES AS SET FORTH IN SECTION
6.5 OF THE SPECIAL PROVISIONS. CONTRACTOR AGREES THAT THIS AMOUNT
MAY BE DEDUCTED FROM THE AMOUNT DUE THE CONTRACTOR UNDER THE
CONTRACT.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the
year and date written below.
CONTRACTOR: CITY OF LODI
By:
Blair King
City Manager
By: Date:
Title
(CORPORATE SEAL)
Attest:
City Clerk
Approved As To Form
D. Stephen Schwabauer
City Attorney
SILICONE INJECTION OF UNDERGROUND CABLE SECTION 5
ROYAL CREST SUBDIVISION 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 improvement plans, 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 plans and 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 City Engineer.
5-103 Extra Work New and unforeseen work will be classed as extra work when such work cannot be covered by any of the various items
for which there is a contract bid price.
The Contractor shall do no extra work except upon a written change order from the City Engineer. For such extra work, the Contractor shall
receive payment as previously agreed upon in the change order or as provided in Section 5-604, "Extra Work", of these General Provisions.
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 Engineer 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 City Engineer 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 Engineer.
5-200 CONTROL OF WORK
5-201 Authority of the City Engineer The City Engineer shall decide any and all questions which may arise as to the quality or acceptability
of 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 claims and compensation.
The City Engineer's decision shall be final. The City Engineer shall have executive authority to enforce and make effective such decisions
and orders as the Contractor fails to carry out promptly.
5-202 Plans All authorized alterations affecting the requirements and information given on the approved plans shall be in writing. No
changes shall be made of any plan or drawing after the same has been approved by the City Engineer, except by direction of the City
Engineer.
The contract plans shall be supplemented by such working drawings prepared by the Contractor as are necessary to adequately control the
work. These plans shall be approved by the City Engineer before any work involving these plans shall be performed. No change shall be
made by the Contractor in any working drawing after it has been approved by the Engineer.
Full compensation for furnishing all working drawings shall be considered as included in the prices paid for the contract items of work to
which such drawings relate and no additional compensation will be allowed therefor.
It is mutually agreed, however, that approval by the City Engineer of the Contractor's working plans does not relieve the Contractor of any
responsibility for accuracy of dimensions and details, and that the Contractor shall be responsible for agreement and conformity of
Contractor's working plans with the approved plans and specifications.
5-203 Conformity with Contract Documents and Allowable Deviations Work and materials shall conform to the lines, grades, cross
sections, dimensions and material requirements, including tolerances, shown on the plans or indicated in the specifications.
Deviations from the approved plans, as may be required by the urgencies of construction, will be determined in all cases by the City
Engineer and authorized in writing.
5-204 Coordination of Plans and Specifications The plans and 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.
Plans shall govern over Special Provisions. Special Provisions shall govern over General Provisions. General Provisions shall govern over
Standard Specifications and Standard Plans.
5-205 Interpretation of Plans and Specifications Should it appear that the work to be done, or any matter relative thereto, is not sufficiently
detailed or explained in the plans and specifications, the Contractor shall apply to the City Engineer 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 questions relative to the true meaning of the contract documents, reference shall be made to
the City Engineer, whose decision thereon shall be final.
In the event of any discrepancy between any drawing and the figures written thereon, the figures shall be taken as correct.
5-206 Order of Work When required by the Special Provisions or plans, the Contractor shall follow the sequence of operations asset 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 Plans and Specifications on Job Site A completed, approved set of plans, 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.
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 Engineer shall be made for any
emergency work which may be required.
Whenever the Contractor or 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 Engineer, 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.
Any order given by the Engineer, not otherwise required by the specifications to be in writing, will, on request of the Contractor, be given or
confirmed in writing.
5-209 Lines and Grades All distances and measurements are given and will be made in a horizontal plane. Grades are given from the top
of stakes or nails, unless otherwise noted. Such stakes or points will be set as the Engineer determines to be necessary to establish the
lines and grades required for the completion of the work specified in the plans and specifications.
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 City Engineer. If such a discrepancy is not reported to the City Engineer,
the Contractor shall be responsible for any error in the finished work.
The Contractor shall give at least 24 hours notice when the services of the City Engineer are required for laying out any portion of the work.
The contractor will be billed for survey work performed on weekends, holidays, and overtime.
Stakes and points set by the Engineer shall be carefully preserved by the Contractor until authorized to remove them by the City Engineer.
In case such stakes and points are destroyed or damaged, they will be replaced at the Engineer's earliest convenience. The Contractor will
be charged for the cost of necessary replacement or restoration of stakes and points which, in the judgment of the Engineer, were carelessly
or willfully destroyed or damaged by the Contractor's operations. This charge will be deducted from any moneys due or to become due the
Contractor.
5-210 Inspection The Engineer shall at all times have access to the work during its construction, and shall be furnished with every
reasonable facility for ascertaining that the materials and the workmanship are in accordance with the requirements and intentions of the
specifications, the General Provisions, and the plans. All work done and all materials furnished shall be subject to the Engineer's inspection.
The Contractor shall provide excavations for the Engineer for the purpose of taking compaction tests in areas below existing grade where
embankments or trench and structure backfill has not been tested.
Whenever the Contractor varies the period during which work is carried on each day, due notice shall be given to the City Engineer so that
proper inspection may be provided. The contractor will be billed for inspections on work performed on weekends, holidays and overtime.
The inspection of the work or materials shall not relieve the Contractor of any obligations to fulfill the contract as prescribed. Work and
materials not meeting such requirements shall be made good, and unsuitable work or materials may be rejected, notwithstanding that such
work or materials have been previously inspected by the Engineer or that payment therefor has been included in a progress estimate.
The projects financed in whole or in parts with State funds shall be subject to inspection at all times by the designated agents of the State of
California.
Portions of the work done under a San Joaquin County encroachment permit shall be subject to County inspection.
5-211 Removal of Defective and Unauthorized Work All work which is defective in its construction 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.
All work done beyond the lines and grades shown on the plans or established by the City Engineer, or any extra work done without written
authority, will be considered as unauthorized and will not be paid for.
Upon failure on the part of the Contractor to comply forthwith with any order of the City Engineer made under the provisions of this section,
the City Engineer 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 or 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 City Engineer notified in writing, the City Engineer will make the final inspection.
5-300 CONTROL OF MATERIALS
5-301 Source of Supply and Quality of Materials The Contractor shall furnish all materials required to complete the work, except materials
that are designated in the specifications to be furnished by the City.
Only materials conforming to the requirements of the specifications shall be incorporated in the work.
The materials furnished and used shall be new, except as may be provided elsewhere in these specifications or the plans. The materials
shall be manufactured, handled and used in a manner to insure completed work in accordance with the plans and specifications.
Manufacturer's warranties, guarantees, instruction sheets and parts lists, which are furnished with certain articles or materials incorporated in
the work, shall be delivered to the Engineer before commencement of the work.
5-302 Samples and Tests At the option of the City Engineer, the source of supply of each of the materials shall be approved by the City
Engineer before delivery is started and before such material is used in the work. Representative preliminary samples of the character and
quality prescribed shall be submitted by the Contractor or producer of all materials to be used in the work for testing or examination as
desired by the City Engineer.
All tests of materials furnished by the Contractor shall be made in accordance with commonly recognized standards of national
organizations, and such special methods and tests as are prescribed in these specifications.
The Contractor shall furnish such samples of materials as are requested by the City Engineer, without charge. No material shall be used
until it has been approved by the City Engineer. Samples will be secured and tested whenever necessary to determine the quality of
material.
5-303 Defective Materials All materials not conforming to the requirements of these specifications shall be considered as defective, and all
such materials, whether in place or not, shall be rejected and shall be removed immediately from the site of the work unless otherwise
permitted by the City Engineer.
No rejected materials, the defects of which have been subsequently corrected, shall be used until approved in writing by the City Engineer.
Upon failure on the part of the Contractor to comply with an order of the City Engineer made under the provisions of this section, the City
Engineer shall have authority to remove and replace defective material and to deduct the cost of removal and replacement from any moneys
due or to become due the Contractor.
5-304 City -furnished Materials Materials furnished by the City will be available at locations designated in the Special Provisions, or if not
designated therein they will be delivered to the project. They shall be hauled to the site of the work by the Contractor at his/her expense,
including any necessary loading and unloading that may be involved. The cost of handling and placing City -furnished materials shall be
considered as included in the price paid for the contract items involving such City -furnished materials. City -furnished materials lost or
damaged from any cause whatsoever shall be replaced by the Contractor. The Contractor will be liable to the City for the cost of replacing
City -furnished materials and such costs may be deducted from any moneys due or to become due the Contractor.
5-305 Trade Names and Alternatives For convenience in designation on the plans or in the specifications, certain articles or materials to
be incorporated in the work may be designated under a trade name or the name of the manufacturer and the catalogue information. The use
of an alternative article or materials which are of equal quality and of the required characteristics for the purpose intended will be permitted,
subject to the following requirements.
The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor, who shall furnish all information necessary
as required by the Engineer. The Engineer shall be the sole judge as to the quality and suitability of alternative articles or materials and such
decision shall be final.
Whenever the specifications permit the substitution of a similar or equivalent material or article, no tests or action relating to the approval of
such substitute material will be made until the request for substitution is made in writing by the Contractor accompanied by complete data as
to the equality of the material or article proposed. Such request shall be made in ample time to permit approval without delaying the work.
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 regulations of the City of Lodi which in any manner affect those engaged or employed in the work, or the materials
used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any
jurisdiction or authority over the same.
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
12940 of the Government Code, 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 under construction 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," issued by the State of California Department of Transportation. Copies
of this manual are on file with the 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 construction 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, adjacent
property, and trees, shrubs and other plants that are not to be removed.
Trees, shrubs and other plants that are not to be 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, within or adjacent to the highway, shall be protected from injury or damage;
and if ordered by the Engineer, the Contractor shall provide and install suitable safeguards, approved by the Engineer, to protect such
objects from injury or 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 Engineer 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 and may be deducted from any moneys due or to become due to 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 save 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 except those injuries or damages arising out of the active negligence of the City of Lodi or its agents,
officers or agents. 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.
5-410 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 or from any other cause, whether arising from the execution or from the nonexecution 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 City Engineer, 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 Cit v 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 Reguirements 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
2. 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
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, Employees and Volunteers as additional named insureds insofar as work performed by the insured under written
contract with the City of Lodi. (This endorsement shall be on a form furnished to the City and shall be included with Contractor's
policies.)
(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.
(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 canceled 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.
(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 each subcontractor to
provide insurance for the protection of said employees. This policy may not be canceled 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.
5-415 Guarantee and Warranty In addition to guarantees required in other provisions of the contract, Contractor shall, and hereby does,
guarantee and warrant all work for a period of one year after date of acceptance of work by the City and shall repair or replace any or all
such work, together with any other work which may be displaced in so doing, that may prove defective in workmanship and/or materials
within one-year period from date of acceptance without expense whatsoever to the City, ordinary wear and tear, unusual abuse or neglect
excepted. The Engineer will give notice of observed defects with reasonable promptness. The Contractor shall notify the Engineer upon
completion of repairs.
In the event of failure of the Contractor to comply with the above-mentioned conditions within one week after being notified in writing, the
City is hereby authorized to proceed to have defects repaired and made good at expense of the Contractor who hereby agrees to pay costs,
penalties and charges therefor immediately on demand.
If, in the opinion of the Engineer, 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 Engineer's request for correction within a reasonable time as determined by the Engineer,
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 this 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, nor 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 be 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 City Engineer, the
subcontractor shall be removed immediately on the requisition of the City Engineer 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.
5-503 (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 City Engineer or appears to the City Engineer to be incompetent or to act in a disorderly or improper manner, that person shall be
discharged immediately on the requisition of the City Engineer, and such person shall not again be employed on the work.
5-506 Temporary Suspension of Work The City Engineer shall have the authority to suspend the work wholly or in part, for such period as
City Engineer 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 City Engineer may deem necessary, due to the failure on the part of the Contractor to carry out
orders given, or to perform any provisions of the contract. The Contractor shall immediately obey such order of the City Engineer and shall
not resume the work until ordered in writing by the City Engineer.
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 out 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 Engineer, 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 Time of Completion and Liquidated Damages It is agreed by the Contractor that in case all the work called for under the contract is
not completed before or upon the expiration of the time limit as set forth in the contract, damage will be sustained by the City of Lodi, and
that it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay; and
it is therefore agreed that the Contractor will pay to the City of Lodi the sum as specified in Section 6-04.03 "Beginning of Work, Time of
Completion and Liquidated Damages" per day for each and every day's delay beyond the time prescribed to complete the work; and the
Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that the City of Lodi may
deduct the amount thereof from any moneys due or that may become due the Contractor under the contract.
It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the
time specified, the City Council shall have the right to extend the time for completion or not, as may seem best to serve the interest of the
City; and if it decides to extend the time limit for the completion of the contract, it shall further have the right to charge to the Contractor,
Contractor's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part as it may deem proper, of the actual
cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which
accrue during the period of such extensions, except that the cost of final surveys and preparation of final estimate shall not be included in
such charges.
The Contractor shall not be assessed with liquidated damages nor the cost of engineering and inspection during any delay in the completion
of the work caused by acts of God or of the public enemy, acts of the City, fire, floods, epidemics, quarantine restrictions, strikes, freight
embargoes, and unusually severe weather or delays of subcontractors due to such causes; provided that the Contractor shall, within 10 days
from the beginning of any such delay, notify the City Engineer in writing of the causes of delay, who shall ascertain the facts and the extent of
the delay, and the City Engineer's findings of the facts thereon shall be final and conclusive.
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
5-601 Progress Payments The City Engineer, once each month after actual construction work is started, shall make an estimate as to the
total amount of the work done and materials furnished by the Contractor to the last day of the preceding month.
The City of Lodi shall retain 10 percent of the estimated value of said work and the balance less any previous payments shall be paid to the
Contractor.
The retained percentage as specified above will be held by the City and will be due and payable to the Contractor 30 days after filing of
notice of completion, provided no liens have been filed.
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 Engineer in writing of the completion. The Engineer 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 Extra Work Extra work shall conform to Section 4-1.03D, of the Standard Specifications. Payment for extra work will be established
by agreement between the Contractor and the City. If no agreement can be reached, as to the exact cost of the extra work, payment will be
made by force account as provided in Section 9-1.03 of the Standard Specifications.
5-605 Notice of Potential Claim This section supersedes Section 9-1.04 of the July 1992 Edition of the State of California, Business and
Transportation Agency, Department of Transportation, Standard Specifications.
The Contractor shall not be entitled to the payment of any additional compensation for any cause including any act or failure to act by the
Engineer to the happening of any event, thing, or occurrence unless the Engineer has been notified in writing of a potential claim as
hereinafter specified; provided, however, that compliance with this Section 5-605 shall not be a prerequisite as to matters within the scope of
the protest provisions in Section 5-102, "Alterations", or the notice provisions in Section 5-507, "Time of Completion and Liquidated
Damages", nor to any claim which is based on differences in measurements or errors of computation as to contract quantities.
The written notice of potential claim shall state the reasons the Contractor believes additional compensation will or may be due, the nature of
the costs involved, and, insofar as possible, the amount of the potential claim. The notice as above required must have been given to the
Engineer prior to the time that the Contractor shall have performed the work giving rise to the potential claim for additional compensation, if
based on an act or failure to act by the Engineer, or in all other cases within 15 days after the happening of the event, thing, or occurrence
giving rise to the potential claim.
It is the intention of this Section 5-605 that differences between the parties arising under and by virtue of the contract be brought to the
attention of the Engineer at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action
promptly taken. The Contractor hereby agrees that there shall be no right to additional compensation for any claim that may be based on
any such act, failure to act, event, thing, or occurrence for which no written notice of potential claim was filed.
5-605.5 Determination of Rights If the monetary amount of all the Contractor's claims arising under or by virtue of the contract does not
exceed $25,000, such claims are subject to determination or rights under the contract by a hearing officer of the City Council of the City of
Lodi. The party seeking a determination of rights shall give notice in writing of the claim to the other party and to the City Council of the City
of Lodi, setting forth the facts on which the claim is based. Such notice shall be given no later than six months after the issuance of the final
estimate.
The City Council of the City of Lodi will appoint a hearing officer to hear such claim within 60 days after such notice before completion of the
contract, unless the City consents to earlier appointment. The hearing officer will hear and determine the controversy and render a decision
in writing within 60 days after appointment, unless otherwise agreed to by the parties or unless for good cause the hearing officer extends
such time. Each party shall bear its own costs and shall pay one-half of the cost of the hearing.
Rules and regulations adopted by the City Council of the City of Lodi pursuant to Section 14380 of the Government Code will govern the
conduct of the hearings, including requirements as to pleadings and other documents to be filed. The rules and regulations may be obtained
from the City Council of the City of Lodi.
Compliance with the notice requirements of this section does not relieve the Contractor of responsibility for complying with any notice or
protest requirement specified in these specifications (e.g., Sections 5-102, "Alterations"; 5-507, 'Time of Completion and Liquidated
Damages"; and 5-605, "Notice of Potential Claim"), nor does compliance with the notice requirements of this section relieve the Contractor of
responsibility for complying with the claims submission requirements in Section 5-606, "Final Payment'.
The notices required by this section shall be sent as follows:
(a) to the City Council of the City of Lodi, P.O. Box 3006, Lodi, California, 95241-1910;
(b) to the Department of Public Works, City of Lodi, P.O. Box 3006, Lodi, California, 95241-1910; and
(c) to the Contractor: such notices will be sent to the business address set forth in the proposal.
If the address to which the notice to the City Council of the City of Lodi or to the Department is to be changed, the Department will notify the
Contractor in writing of such change. The Contractor may change the address to which notices are to be sent by giving the Department
written notification of such change of address.
5-606 Final Payment The City Engineer 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 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 or any alteration thereof.
5-700 STANDARD SPECIFICATIONS
The work embraced herein shall be done in accordance with the appropriate provisions of the specifications entitled, "State of California,
Business and Transportation Agency, Department of Transportation, Standard Specifications, July 1992," 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 following terms are used, they shall be understood to mean and refer
to the following:
Department of Transportation, or
Caltrans - Department of Electric Utility
of the City of Lodi, except where the
reference clearly refers to that department
City Engineer -City Engineer of the
City of Lodi
Director of Electric Utility — Electric Utility
Director or designated agent of the
City of Lodi
Engineer - City Engineer or designated agent
Laboratory - The designated laboratory
authorized by the City of Lodi to test
materials and work involved in the
contract
State - The City of Lodi, California
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.
SILICONE INJECTION OF UNDERGROUND CABLE SECTION 6
ROYAL CREST SUBDIVISION SPECIAL PROVISIONS
6.
SPECIAL PROVISIONS
2
6.1.
GENERAL
2
6.2.
LOCATION AND SITE VISIT
2
6.3.
SCOPE OF WORK
3
6.4.
CONTRACTOR'S LICENSE
3
6.5.
BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES
3
6.6.
HOURS OF WORK
4
6.7.
SAFETY OF PERSONNEL
4
6.8.
UTILITIES FOR CONSTRUCTION
7
6.9.
OVERTIME PAYMENT FOR FIELD REPRESENTATIVE
7
6.10.
LEGAL ADDRESSES
7
6.11.
WARRANTIES
8
6.12.
DETERMINATION OF QUANTITIES & SCOPE OF PAYMENT
9
6.13.
ASSIGNED PERSONNEL
9
6.14.
TERM OF AGREEMENT
9
6.15.
COST INCREASES BEFORE COMPLETION
9
6.16.
SUBSURFACE SOIL CONDITIONS
9
6.17.
PROTECTION OF ARCHEOLOGICAL SITES, WILDLIFE AND PLANTS
10
6.18.
RECEIVING AND STORAGE OF EQUIPMENT AND MATERIALS
10
6.19.
REPLACEMENT OF EXISTING IMPROVEMENTS
10
6.20.
LUMP SUM PRICE BREAKDOWN
10
6.21.
WORK WITHIN PUBLIC STREETS
11
6.22.
CONSTRUCTION ON PRIVATE PROPERTY
11
6.23.
PERMITS
12
6. SPECIAL PROVISIONS
6.1 GENERAL
The following non -City of Lodi standards are a part of this Contract:
• RULES FOR CONSTRUCTION OF UNDERGROUND ELECTRIC SUPPLY AND
COMM UNICATIONSYSTEMS, Prescribed by the State of California.
• RULES FOR OVERHEAD ELECTRIC LINE CONSTRUCTION, Prescribed by the
State of California Public Utilities Commission "GENERAL ORDER 95".
• NATIONAL ELECTRICAL SAFETY CODE", IEEE C2-2002.
• "CALIFORNIA OCCUPATIONAL HEALTH AND SAFETY ADMINISTRATION
(CAL/OSHA)", California Code of Regulations, Title 8.
• CALIFORNIA GOVERNMENT CODE TITLE 1, DIVISION 5, CHAPTER 3.1
Protection of Underground Infrastructure, SECTION 4216-4216.9, Regional
Notification Center System.
• All applicable Local, State and Federal Environmental and Other Laws and
Regulations.
6.2 LOCATION AND SITE VISIT
The work to be performed under this Contract will be done at the Royal Crest Subdivision
in Grid 39, in the City of Lodi California and in accordance with the specifications and
codes of the City of Lodi.
Each bidder is expected to visit the site before bidding to become thoroughly familiar with
the nature and location of the work, the general and local conditions, including jobsite
topography and ground conditions. Call Mr. Gary Mai at 333-6800 Extension 2024 to
arrange for site access.
Failure of the Contractor to become acquainted with all available information regarding
any applicable conditions will not relieve Contractor from the responsibility for properly
assessing either the difficulties or the costs of successfully performing the work. No extra
payment will be made for the Contractor's failure to determine existing conditions.
The City assumes no responsibility and makes no guarantee concerning information not
included in the plans and specifications or information provided by others, including City
personnel, about the general and local conditions that may impact the work and/or costs.
6.3 SCOPE OF WORK
The Contractor shall furnish all supervision, labor, materials, equipment and incidentals
necessary to accomplish the work in accordance with the Contract. The work generally
consists of: performing cable testing, analysis, preparation and restoration of insulation
integrity utilizing silicone injection techniques to improve the life expectancy of
deteriorated cables within the City 12kV underground distribution system. Additional work
relating to the completion of these activities may also be assigned.
Cables to be worked will be identified by the Project Manager (PM). Coordination of cable
de-energization, isolation, and grounding or other protection shall be provided through the
Project Manager or designee. No work shall be performed without the knowledge of and
coordination with the PM.
The intent of these specifications is to describe the work and to provide appropriate pay
items. Some of the items and quantities in the Bid Schedule may not be utilized. Others
may only be partially used or may be exceeded. No adjustment of unit prices will be
made for under -runs or over -runs of the quantities listed in the Bid Schedule.
The work is further described in the Technical Conditions.
6.4 CONTRACTOR'S LICENSE
In accordance with Public Contract Code Section 3300 and Business and Professional
Code Section 7059, the City has determined that the Contractor must possess a current
California GENERAL ENGINEERING CONTRACTOR (A) or ELECTRICAL CONTRACTOR
(C-10) license. http://www.csib.ca.gov/licensing/classifications.a§p
All subcontractors employed by the Contractor must have a current license in the
specialty for the work being done, and are limited to performing only work for which
licensed.
A copy of all Contractor and subcontractor licenses shall be submitted to the City of Lodi
prior to beginning the Work.
6.5 Beginning of Work, Time of Completion and Liquidated Damages
The Contractor shall commence with diligence to complete the work in accordance with
the Contract upon issuance of a written Notice to Proceed. A LIMITED Notice to Proceed
will be issued by the Contract Administrator at the earliest practical date after execution of
the contract documents.
CONSTRUCTION MAY NOT BEGIN UNDER A LIMITED NOTICE TO PROCEED.
A construction Notice to Proceed will be issued after the Project Manager has received
and accepted the submittals required prior to construction (if applicable). If submittals are
not required, then the Notice to Proceed will be issued after issuance of the Limited
Notice to Proceed.
The Contractor and the PM shall agree on a schedule to de -energize the cable and
perform the work per the TECHNICAL CONDITIONS. No work shall be done before this
Task Release letter is received, scheduling has occurred, and the cable is verified de -
energized to perform work. The Project Manger is to coordinate the switching operations
with Operation.
Liquidated damages of $500.00 per calendar day will be assessed per cable circuit for
failure to complete the work to allow re-energization within the cited contract time of 5
(five) days after cable de-energization, unless delays are beyond reasonable control of
the Contractor or mutually agreed upon with the PM.
The City may, at its sole discretion, deduct such liquidated damages from progress
payments as the damages accrue. If not deducted from progress payments, then such
damages will be deducted from the final contract payment. In case the amount of
liquidated damages due is greater than the final contract payment, the Contractor agrees
to pay the difference to the City.
The City solicits many bids throughout the year. Contractors that are awarded more than
one contract will be required to independently complete the work under the terms of each
individual contract. This may necessitate performing work in parallel on more than one
contract at a time, as determined by the City's scheduling needs.
6.6 HOURS OF WORK
The normal hours of work shall be 7:00 a.m. to 3:30 p.m. Monday through Friday. The
City may allow work during hours or on days other than normal, provided the Contractor
makes a written request to the City at least 48 hours in advance.
6.7 SAFETY OF PERSONNEL
The Contractor has the responsibility for compliance with safety and health standards of
the California Occupational Safety and Health Act, and all applicable rules, regulations
and orders.
The Contractor shall conduct a jobsite safety briefing with all employees prior to the initial
commencement of work, and then daily during the performance of the job. Additionally,
drivers of all material delivery trucks, equipment operators, and all others shall be
thoroughly briefed by the Contractor on the hazards and safety requirements before
entering the jobsite.
The Contractor shall provide the Field Representative of the City with a statement, signed
by each person involved in the work, that a safety briefing has been given and that they
are aware of the hazards and safety precautions required for working in the vicinity of
operating machinery and energized electric equipment. The Contractor may use the
SAFETY FORM included herein.
Trench excavation protection shall be accomplished as required by the provisions of, Part
1926, Subpart P Excavations, Trenching and Shoring of the Occupational Safety and
Health Administrations Standards and Interpretation. The Contractor shall have a
competent person, as required, on the site to inspect the work and to supervise the
conformance of the Contractor's operations with the regulations of the Act.
CAUTION
PORTIONS OF THE WORK ARE LOCATED NEAR ENERGIZED ELECTRICAL
EQUIPMENT, BUS, CABLES, DUCTS, AND OTHER ELECTRICAL FACILITIES. THE
CONTRACTOR AND CONTRACTOR PERSONNEL SHALL USE EXTREME CARE
WHILE PERFORMING WORK IN THE VICINITY OF ENERGIZED EQUIPMENT.
It is the Contractor's responsibility to ascertain the location and to be fully aware of the
proximity of the work to energized electrical facilities or other hazards. No person shall be
permitted to enter any electrically energized area, except in the presence of the Field
Representative of the City.
The Contractor shall erect protective barriers around all electrically energized facilities.
Only OSHA approved, non-conductive ladders will be used when working in maintenance
holes or near any electrically energized facilities.
The Contractor shall require all personnel on the jobsite to comply with the City's hard hat
policy which is: Hard hats, complying with ANSI Standard Z89.1-1997, Type II, Class E,
shall be worn at all times on all City construction sites.
SAFETY FORM (SAMPLE)
This form shall be completed for every employee before starting to work on the project
and shall be given to the City of Lodi Field Representative of the PM.
Lodi Electric Utility
Attention: GARY MAI
1331 S Ham Lane
Lodi, CA 95242
PROJECT:
CONTRACT NO.
FROM:
Prime Contractor:
Company Name
Street Address
City
State
Zip Code
Signed
Sub Contractor:
Company Name
Street Address
City
State
Zip Code
Signed
Supplier:
Company Name
Street Address
City
State
Zip Code
Signed
WE, THE UNDERSIGNED EMPLOYEES, have been briefed on the hazards and safety
precautions required for working in the vicinity of operating machinery and energized
electrical equipment.
BRIEFED BY
Print Name I Signature Date
Employee
Print Name Signature Date
6.8 UTILITIES FOR CONSTRUCTION
The City will not provide electrical power, telephone hookup, sanitary facilities or water.
The Contractor is responsible to provide all necessary temporary utilities to complete the
work. All of the Contractor's temporary utility facilities shall conform to all applicable
codes, laws, ordinances and regulations.
6.9 OVERTIME PAYMENT FOR FIELD REPRESENTATIVE
An advance notice of 48 hours shall be given to the Inspector for all work done outside
the normal hours of work. If only for the convenience of the Contractor and without benefit
for the City, the Contractor desires to work outside of "regular" work hours or on
weekends or holidays, Contractor shall bear the costs for the presence of the Field
Representative of the Engineer. The cost for each Field Representative shall be $62.00
per hour for straight time and $93.00 per hour for overtime. Overtime is defined as all
time in excess of eight hours per day or forty hours per week, and all hours on weekends.
Holiday cost shall be $93.00 per hour. Daily logs shall record the actual hours worked
and shall be affirmed by the Contractor. Costs shall be deducted from monthly progress
payments.
6-10 LEGAL ADDRESSES
All notices, letters, and other communication to the Contractor will be mailed or delivered
to the Contractor's designated representative, or to the Contractor's business address
listed in the bid, or to the Contractor's office at the jobsite, with delivery to any of these
locations being deemed as delivery to the Contractor. The address of the Project
Manager included herein is hereby designated as the place to which all notices, letters,
and other communication to the City shall be mailed or delivered. Either party may
change their address at any time by providing written notification to the other party.
All notices, letters, and other communications directed to the City shall be addressed and
delivered to:
Lodi Electric Utility
Attention: WELDAT HAILE
1331 S Ham Lane
Lodi, CA 95242
All invoices directed to the Lodi Electric Utility shall be addressed and delivered to:
Lodi Electric Utility
ATTN: EUD Financial Officer, Kevin Bell
1331 S Ham Lane
Lodi, CA 95242
All certified payroll packages directed to the Lodi Electric Utility shall be addressed and
delivered to:
Lodi Electric Utility
ATTN: Senior Administrative Clerk, Danielle Rogers
1331 S Ham Lane
Lodi, CA 95242
6.11 WARRANTIES:
The Contractor shall provide language with their bid on their warranty. This
warranty language shall be evaluated for acceptability by the City of Lodi and may
be accepted or rejected by EUD. if the warranty is rejected, the bid will be
considered unresponsive.
6.11.1 General Warranties:
If within one year after the date of the Notice of Completion, any items of material or
equipment or workmanship furnished by the Contractor are found to be defective, the
Contractor shall, at once and at Contractor's own expense, make all repairs or furnish
and install replacement parts of design, workmanship and material approved by the
Engineer. If the Contractor is obliged to furnish and install replacement parts, the
warranty period for the parts shall extend for one year from the installation of such parts.
6.11.2 Specific Warranties:
In addition to meeting the general warranties set forth above, the equipment and work
shall meet each of the following specific warranties:
The warranty shall include a 20 -year unconditional warranty against cable failures. If
within 20 years after the cable has been tested and treated, the cable experiences a
failure or fails to meet dielectric requirements, and the Contractor shall provide a full
refund for the costs associated with any and all work performed on the cable. The
warranty shall be underwritten by a major insurance carrier for the life of the warranty.
The procedure for making a claim on the Contractor's warranty shall be provided by the
Contractor with the bid and shall be clear and simple.
The Contractor shall provide a minimum one-year unconditional warranty on any
concrete, asphalt, curb, gutter or landscape work performed. In the event of the
Contractor's failure to comply with the Warranty provisions within ten (10) days of being
notified in writing Contractor authorizes the City to proceed to have the defects repaired
and made good at Contractor's expense, and will pay the costs and damages therefor
immediately upon demand.
All warranties shall be unconditional and shall not be invalidated by details of the City's
design or the approval of the Contractor's "or equal" submittals. Any detail that would
cause an exception to a manufacturer's standard warranty must be brought to the
attention of the Engineer, in writing, prior to accomplishment of that part of the work or the
Contractor shall not have cause to request approval of the exception. All expense of
furnishing and installing parts or making alterations to existing parts and of tests made
necessary by failure of the apparatus to meet the warranties or other requirements of the
Contract, shall be borne by the Contractor. Any material or machinery not furnished by
the Contractor that must be removed to give access to the apparatus furnished by the
Contractor will be removed and replaced by the City without cost to the Contractor.
In the event of the Contractor's failure to comply with the Warranty provisions within ten
(10) days of being notified in writing, the Contractor authorizes the City to proceed to
have the defects repaired and made good at Contractor's expense and will pay the costs
and damages therefore immediately upon demand.
6.12 DETERMINATION OF QUANTITIES & SCOPE OF PAYMENT
The quantity of work to be paid for under any Bid Item of work will be for the actual work
performed. No payment will be made for work done outside of prescribed or ordered
limits.
Additional EUD Directed Work Bid Item
The Contractor's bid is to be considered all-inclusive to perform the work of this contract,
as described in the Specifications and Drawings. The City may, at its discretion,
determine that additional work is required to be included as part of this contract. The
Contractor, when so directed by the City, will perform such additional work as part of this
contract.
Payments will be made based on unit prices according to the Bid Document in Section 3
of the Bid Specifications and only for that additional work that is authorized by the City in
writing. Costs in excess of the amount allocated for this item are not reimbursable.
The City may increase or decrease the estimated quantities of work required by any of
the Bid Items. No adjustment of unit prices will be made for under runs or overruns of the
quantities listed in the Bid Schedule, or for the elimination of any Bid Items. Payment
under this Contract will be made only for work actually performed. No compensation will
be made in any case for loss of anticipated profits due to reduction or deletion of any Bid
Item.
6.13 ASSIGNED PERSONNEL
Notwithstanding any other provision of this agreement to the contrary, the City reserves
the right in its sole discretion, upon giving notice thereof to Contractor, to discontinue and
terminate the services, in whole or in part, of any individual assigned to perform services
under this agreement by Contractor or its agents. Contractor shall have the right, subject
to the terms and conditions of this agreement, to provide suitable replacement personnel.
6.14 TERM OF AGREEMENT
This agreement is for the work outlined in these specifications only and will terminate
upon completion of this project.
6.15 COST INCREASES BEFORE COMPLETION
Any increase in labor rates, material costs, or equipment rates as may occur from the bid
opening date up until the end of the contract period shall be considered included in the
bid prices, and no adjustment in payment will be made to the Contractor.
6.16 SUBSURFACE SOIL CONDITIONS
The Contractor shall follow the California Government Code 4216-4216.9 for notification
and protection of underground infrastructure. The Contractor shall notify USA of Northern
California at (800) 227-2600 at least 2 -days in advance of any underground work.
The District makes no guarantees for the soil reports accuracy, findings or
recommendations.
It is the sole responsibility of the Contractor to evaluate the jobsite and make his/her own
technical assessment of subsurface soil conditions and make his/her own financial impact
assessment prior to bidding. The City will make no additional compensation or payments,
nor will it accept any claims if the subsurface soil conditions are different from that
assumed by the Contractor.
6.17 PROTECTION OF ARCHEOLOGICAL SITES, WILDLIFE AND PLANTS
If remains of historic people's dwelling sites or artifacts of historical or archeological
significance, or threatened, endangered, or sensitive wildlife and plant species are
encountered during the work, the Contractor shall stop work in the affected area and
immediately notify the PM or the Field Representative of the PM.
6.18 RECEIVING AND STORAGE OF EQUIPMENT AND MATERIALS
The Contractor shall receive, unload and store all materials and equipment furnished by
either the City or the Contractor. City furnished materials will be delivered to the jobsite.
Inspection of all materials arriving at the jobsite shall be the responsibility of the
Contractor. However, the PM shall be notified in advance and upon arrival of major
materials so that he can witness and/or participate in the inspection.
The Contractor shall sign a receipt for all City furnished materials and shall be liable for
the replacement of any material that may be damaged or lost. Surplus material shall be
returned to the location in the same condition as it was received.
The Contractor's storage methods and facilities must conform to all manufacturer
requirements and shall be subject to the PM's approval and surveillance.
6.19 REPLACEMENT OF EXISTING IMPROVEMENTS
The Contractor shall replace asphalt and concrete pavements, sidewalks, curbs, gutters,
landscaping, and other existing improvements that are damaged or removed in
performance of the work. The replacement, including the soil foundation and base
courses under the improvement, shall be constructed equal to or better than the original
construction of the improvement.
All work under this section shall be to the satisfaction of the PM, City of Lodi and the
owner of the improvements.
This work shall be considered incidental to other pay items of work. No separate payment
will be made.
6.20 LUMP SUM PRICE BREAKDOWN
The Contractor shall prepare and submit to the PM for approval, a breakdown of the lump
sum contract prices according to the system of accounts provided by the PM. The PM
shall approve the Contractor's price breakdown before any payments are made under
this Contract. Each invoice submitted for payment shall be prepared in accordance with
the price breakdown approved by the PM.
The sum of the items listed in the Contractor's price breakdown shall equal the contract
lump sum price or prices. Overhead and profit shall not be listed as separate items. The
value of equipment and materials delivered to the jobsite shall be listed separately from
the installation value. An unbalanced breakdown estimate providing for overpayment to
the Contractor on items of work that would be performed first will not be acceptable.
The breakdown shall subdivide the work into component parts in sufficient detail to serve
as a basis for computing progress payments. Approval by the PM shall not constitute an
agreement as to the value of each indicated item, or be used in calculations of contract
change orders.
6.21 WORK WITHIN PUBLIC STREETS
The City will obtain encroachment permits for work within public streets or highways. The
Contractor shall comply with the requirements of the permits and shall pay all costs
associated therewith.
The Contractor shall be responsible for all traffic control. All traffic control on streets in the
City of Lodi shall conform to the requirements of the "WATCH" booklet (Work Area
Traffic Control Handbook). A copy of the booklet may be obtained from the City of Lodi
Traffic division, located at 221 West Pine Street, Lodi, California. Work that interferes or
conflicts with traffic or existing access to the roadway surface shall not be performed until
a plan for the satisfactory handling of traffic has been submitted by the Contractor and
approved by the PM.
All work on public streets or highways shall be performed during the hours stated in the
permits. The time of work shall also be coordinated with the Field Representative of the
PM.
At least two lanes of traffic shall be maintained on one-way streets and at least one lane
of traffic in each direction shall be maintained on two-way streets during construction
working hours. All lanes of traffic shall be open outside of construction working hours.
All excavations in or adjacent to areas of vehicular travel shall be shored. Adequate
fencing, shoring, bridging, barricades, signs, warning lights, and flares shall be provided
and maintained by the Contractor for the protection and safety of the public and for traffic
control. All costs for traffic control and safety devices are incidental to the work and no
separate payment will be made.
6.22 CONSTRUCTION ON PRIVATE PROPERTY
The Contractor does not have unlimited access to or exclusive occupancy of the right-of-
way. Access to the right-of-way will be as specifically shown on the plans or described
elsewhere in the Contract documents. Access is generally along the right-of-way from
where it crosses public roads and highways. Access using private roads will be permitted
only if the Contractor makes arrangements with the respective landowners.
The City will provide a list of names to contact for each property. The Contractor shall
inform these individuals and the Field Representative of the PM 48 hours in advance of
construction on the respective properties.
The Contractor shall be responsible to correct any damage to fences, lawns, or other
property when caused by Contractor's operations. All gates shall be kept closed except
for the passage of vehicles and personnel. The Contractor shall settle any damage claim
directly with the claimants.
A RELEASE STATEMENT from the owner of each parcel of property that is entered upon
or crossed by the Contractor shall be provided to the PM. The Contractor shall resolve all
claims from landowners or tenants. All release statements must be provided to the PM
before final payment can be made. A sample RELEASE STATEMENT is included herein.
RELEASE STATEMENT
TO: Gary Mai, Project Manager
Lodi Electric Utility
Lodi CA 95242
PROJECT:
CONTRACT NO.
I/We agree that
(Contractor)
has repaired and restored to my/our satisfaction any and all damages which may have
been caused to my/our property as a result of the construction activities for the above
project.
I/We also release the Lodi Electric Utility from any and all claims for damages to my/our
property as a result of the construction activities for the above project.
Property
Description:
(Address/Assessor Parcel No
(Address)
Property Owner/Legal Representative Date
Property Owner/Legal Representative Date
Property Owner/Legal Representative Date
Property Owner/Legal Representative Date
Witness -- (Contractor) Date
6.23 PERMITS
All permits remain the responsibility of the Contractor with the following exception: The
City will obtain all necessary encroachment permits.
SILICONE INJECTION OF UNDERGROUND CABLE SECTION 7
ROYAL CREST SUBDIVISION TECHNICAL CONDITIONS
SILICONE INJECTION OF UNDERGROUND CABLE
7.1 GENERAL
This section of the bid document describes the Technical Requirements for testing,
preparing, and silicone injection of the cables assigned to the Contractor. It also includes
other technical details required for restoration of the area after completion of the cable
treatment.
The Contractor shall furnish three (3) Certified Lineman / Technicians to work with City of
Lodi (City) Linemen in the process of de -energizing, testing and injecting primary
conductor; and labor, equipment, supervision, and injection materials to perform the work
described in this bid document. The Contractor shall coordinate work with the City in
accordance with the Special Conditions section of this document.
The City shall perform the work necessary and provide the tools and equipment to ensure
the cables are de -energized and cleared for performance of the work by the Contractor.
The City shall provide the necessary tools and equipment and support to re-energize the
cable immediately after testing and preparation is completed by the Contractor.
7.2 TESTING OF PROPOSED CABLES FOR SILICONE INJECTION
Immediately upon de-energization and notification by the City that the cable is safe to
work, the Contractor shall test the cable as follows:
A. The Contractor shall ensure the cables to be worked are in a safe condition for the
work intended.
B. The Contractor shall use non-destructive testing techniques to establish the feasibility
for silicone treatment.
C. The Contractor's testing shall locate areas where existing splices may require
replacement to allow for silicone fluid flow.
D. The Contractor shall determine the condition of the cable's neutral conductor on
unjacketed (exposed neutral) cables and the location of buried underground splices
on all tested cables using state of the art radar system equipment or Time -
Reflectometry (TDR).
E. The Contractor shall determine the cable's ability to allow silicone fluid to flow through
the conductors of the cable.
F. The Contractor shall be compensated for crew -hours in accordance with Bid Item No.
1 for testing performed on cables.
7.3 ECONOMIC EVALUATION OF TESTED CABLE FOR SILICONE INJECTION
The Contractor and the City's representative shall determine the economic feasibility of
performing silicone injection. The Contractor shall determine the number of potential
splices, which may need to be excavated and replaced to provide a clear path for silicone
injection. If the cable is determined to be unfeasible to silicone treat, (i.e. in general, if
testing determines that more than 1 pit needs to be excavated per 300 feet of cable
length) then the cable shall be tagged and logged for replacement.
Other factors shall be considered by the Contractor when determining the feasibility of
performing silicone injection. These considerations shall include, but not limited to:
A. The disruption and replacement of the infrastructure improvements in the vicinity of
the splices and or neutrals needing replacement or repair
B. The environmental impact of the area during the work,
C. The soil conditions of the area,
D. The potential for disturbing other underground utilities or other infrastructure.
If the cable is determined to be an economical candidate for silicone injection, the
Contractor shall proceed to locate and replace any necessary cable splices, neutral
repairs, and install cathodic protection as economically feasible and required.
7.4 EXCAVATION AND BACKFILL
Reasonable effort shall be made by the Contractor to minimize the amount of disturbance
to the existing site improvements, vegetation and ground. Removal method is incidental
whether dug by hand or backhoe. All concrete surface pavement and all asphalt concrete
surface pavement to be removed shall be saw cut their full depth or a maximum of 8
inches, whichever occurs first. Curb, gutter and sidewalk that are removed shall be saw -
cut across the full section or removed back to the expansion joints.
Underlying pavement is defined as any pavement 2 inches or more in thickness, which is
encountered below the initial 8 inches of surface pavement. Saw cutting of underlying
pavement will not be required.
All waste materials from the excavation shall become the property of the Contractor and
shall be disposed of in accordance with local regulation. Disposal of cleared vegetation
shall not create a fire hazard.
Excavation and restoration shall be considered incidental to the completion of asphalt,
concrete and curb replacement and compensated per:
• Unit Price Item No. 1 - Payment for the splice pit will be by the cubic foot of earth
removed.
• Unit Price Item No. 2 - Asphalt replacement per square foot
• Unit Price Item No. 3 - Concrete replacement per square foot
0 Unit Price Item No. 4 - Curb and/or gutter replacement per square foot.
The contractor shall provide any special equipment, additional manpower and materials
(including but not limited to backhoes and spotter personnel) required for the excavation,
and restoration of excavation including landscaping and improvements, unless agreed
upon with City's Engineer. No additional payment shall be made unless agreed upon.
Excavations shall be secured by adequate perimeter barriers, markers and protection
devices to insure worker and public safety. Any excavation, whether partially or fully
complete, shall be securely covered overnight, on weekends, on holidays, or in the
absence of the Contractor.
The Contractor shall employ such methods as deemed necessary to prevent caving or
sloughing during excavation. Any over -excavation performed by the contractor for his
convenience, including resulting concrete fill, backfill and compaction, shall be performed
at the Contractor's expense.
Backfill shall be compacted to 95% of relative maximum density using native materials.
The excavated area shall be replaced to as close to the same condition prior to the
excavation as possible.
Backfill shall be considered incidental to the completion of other items of work covered by
the bid, no separate payment shall be made.
7.5 ASPHALT
Asphalt pavement shall be removed as necessary for completion of the work. The
boundary of asphalt pavement shall be saw cut or removed to the nearest edge. The use
of a jackhammer or similar impact equipment will not be permitted. Pavement removal
shall not be less than 2 feet wide, nor shall any remaining asphalt be less than 2 feet from
any joint or edge. Asphalt pavement shall be removed 6 inches wider than the trench on
each side.
Any excavation wider than necessary to perform the work shall be the responsibility of the
Contractor. No payment will be made for excessive pavement removal or replacement.
Measurement for payment for asphalt pavement removal shall be by the square foot and
compensated in accordance with Unit Price Item No. 2 for satisfactory removal, and
disposal of asphalt pavements. Such amount will constitute full compensation for all
labor, equipment, materials and incidentals necessary for completion of asphalt removal.
7.6 CONCRETE
Concrete pavement shall be removed as necessary for completion of the work. The
boundary of concrete sidewalks, concrete streets, concrete alleys, or other finished
concrete surfaces shall be saw -cut or removed to the nearest joint or edge. Pavement
removal shall not be less than 2 feet wide, nor shall any remaining concrete be less than
2 feet from any joint or edge. Concrete pavement shall be removed 6 inches wider than
the trench on each side. The use of a jackhammer or similar impact equipment will not be
permitted. Typical concrete thickness should be 6 inches. Concrete pavement in streets
and alleys may be as much as 10 inches thick.
When reinforcing steel or welded wire fabric is encountered in existing concrete, it shall
be replaced in kind or as directed. Concrete strengths, rebar installation, appearance and
other details shall conform to the owner's requirements. City requirements shall be met in
publicly owned concrete improvement repairs.
Any excavation wider than that necessary to perform the work shall be the responsibility
of the Contractor. No separate payment will be made for excessive pavement removal or
replacement.
Concrete placement shall commence only in the presence of, and/or upon approval of the
Engineer.
Measurement for payment for concrete pavement removal and replacement for all trench
sizes and all thickness shall be by the square foot in accordance with Unit Price Item No.
3. Payment of the unit price bid under Items of the Bid Schedule will be made upon
completion of all work including the satisfactory removal and disposal of and replacement
of the concrete items. Such amount will constitute full compensation for all labor,
equipment, materials and incidentals necessary for completion of concrete removal and
replacement.
Curbs and gutters shall be removed and replaced as necessary for completion of the
work. Curbs and gutters shall be saw cut or removed to the nearest joint. No curb or
gutter removed shall be less than 5 linear feet, nor shall any remaining curb or gutter be
less than 5 feet from a joint.
Curbs and gutters may be of various sizes and shapes. They may vary from 18 inches to
5 feet in width, and from 6 inches to 12 inches in height, and will include those types
shown in the "Standard Specifications for the City of Lodi. Replacement of curbs and
gutters shall match that which was removed and shall meet the requirements of the City.
Measurement for payment for removal and replacement of curb and gutter shall be by the
linear foot as measured along the top of the curb.
Payment of the unit price bid under Unit Price Item No. 4 of the Bid Schedule will be
made for breaking, excavating, and disposing of curbs and gutters, including their
replacement. Such amount shall constitute full compensation for all labor, equipment,
materials and incidentals necessary for curb and gutter removal and replacement.
7.8 CABLE SPLICE REPLACEMENT
Cable splices shall be replaced as necessary and as economically feasible to provide for
the proper flow of silicone fluid through the cable.
The contractor shall be compensated for any excavation work associated with splice
replacement in accordance with Unit Price Item No. 1. The replacement of splice shall
include the excavation of the splice to an approximate 4 ft x 5 ft area, and a depth of 3-5
feet. The Contractor shall ensure proper backfilling and site restoration including
landscaping materials, such as sod, rock, wood chips, mulch or other ground covering
material to ensure adequate recovery of the excavated areas to original condition.
The Contractor's billing for crew -hours per Unit Price Item No. 1 may include time for the
removal of the existing splice and installation of the new splice(s) and additional cable as
necessary to provide proper conductor integrity. The City shall provide the new splice and
non -strand filled cable for the splice replacements. Asphalt, concrete and curb
replacement shall be replaced and compensated per Unit Price items No. 2, 3 and 4
respectively.
If unexpected conditions are discovered during excavation, the Contractor may request a
change order to complete the project
7.9 CABLE NEUTRAL REPAIR AND PROTECTION
Based upon testing and experience and calculations, if the Contractor and the City's
representative determine the cable can be economically silicone treated, the Contractor
shall perform any cable neutral repairs in areas with degradation beyond acceptable
limits as economically feasible and install a properly sized magnesium sacrificial anode at
the repair location, typical concentric neutral conductors for #2AWG 15kV and #1/0 AWG
15kV conductors.
The Contractor shall be compensated for excavation work, and site restoration and any
sacrificial anodes and neutral cable repair materials in accordance with Unit Price Item
No. 1. The neutral repair and anode installation shall include the excavation of the cable
(which may be 3-5 feet deep from the ground surface).
The Contractor shall be compensated for any excavation work, site restoration and
materials including the sacrificial anodes when no neutral cable repairs are necessary in
accordance with Unit Price Item No. 1. The compensation per Unit Price Item No. 1 shall
also include backfilling and restoring landscaping materials, such as sod, rock, wood
chips, mulch or other ground covering material to ensure adequate recovery of the
excavated areas to original condition. Asphalt, concrete and curb replacement shall be
replaced and may be compensated Unit Price items No. 2, 3 and 4 respectively.
The Contractor's billing of crew -hours per Unit Price Item No. 1 may include the repair of
the neutral conductors as necessary, and the proper installation of the sacrificial anode.
If unexpected conditions are discovered during excavation, the Contractor may request a
change order to complete the project.
7.10 CABLE PREPARATION FOR SILICONE INJECTION
Based upon testing and experience and calculations and agreed upon parameters, if the
Contractor and the City's representative determine the cable can be economically silicone
treated, the cable shall be prepared with proper injection elbows or terminations for flow
testing and silicone injection.
The Contractor shall perform flow and pressure testing of cable to ensure proper flow of
silicone fluid through the entire cable length.
The Contractor shall be responsible for replacement of identified cable splices as
determined to be economically feasible to provide for proper flow and pressure of silicone
fluid.
The Contractor's crew -hours associated with testing and preparation of the cables shall
be compensated in accordance with Bid Item No. 1.
7.11 SILICONE INJECTION OF CABLES
On those cables that have been economically justified and prepared for silicone injection,
the following shall occur:
A. After the Contractor completes all testing, evaluations, preparations, and repairs on
the cables, the Contractor shall notify the City when the cables are ready for re-
energization. City crews will be on standby to ensure timely re-energization of cables.
B. The City shall re-energize the cables after ensuring all necessary work is complete
and personnel are clear of the cables.
C. The Contractor shall perform the silicone injection on the energized cables provided
safe and proper conditions can be and are maintained.
D. The Contractor shall ensure complete and proper silicone injection of the cable to
ensure reliable operation.
E. After injection is ensured complete, the Contractor shall remove all injection
equipment and restore cable to permanent operational status.
F. The Contractor shall perform any site restoration and Additional Work as agreed to in
accordance with the Special Conditions and General Conditions of this document.
G. Reimbursement for material and equipment costs associated with Silicone Injection of
#2 AWG 15kV 220 mil insulated cables shall be on a per foot basis in accordance
with Bid Item No. 2.
H. Reimbursement for material and equipment costs associated with Silicone Injection of
1/0 AWG insulated cables shall be on a per foot basis in accordance with Bid Item
No. 3.
I. The Contractor may be reimbursed for crew -hours associated with cable injection in
accordance with Bid Item No's. 2 and 3.
7.12 CLEARING AND RESTORATION
Upon completion of the work, the contractor shall clean up and restore the sites to their
original condition and replace all damaged or removed site improvements. Replaced
improvements shall conform to City of Lodi specifications or the owner's requirements. All
excavation restoration work shall be included in Unit Price Item No. 1, 2, 3, 4 and 5 and
no additional payment shall be made except as agreed upon in writing.
7.13 MATERIALS TO BE USED
The Contractor shall use the following materials in preparation, repair and silicone
injection of the cables:
A. Injection Elbows:
1. Elastimold catalog # 168AELR-6689-220 for 14.4kV/8.3kV systems
B. Magnesium Cathodic Protection Sacrificial Anodes:
1. Corrpro catalog # 953 or 1753
C. Silicone Injection Fluid:
1. CableCURE®/XL Dielectric Enhancement Fluid
2. Generic Description: Organofunctional Siloxane
Samples of all materials shall be supplied to the City upon request for analysis prior to
use. No substitution of materials is allowed unless approved in writing by the City. The
Contractor may request the City to enter into a confidentiality / non -disclosure and non-
compete agreement for any proprietary materials before supplying such materials as
samples.
The Contractor may be compensated for materials and equipment used for cable
terminations in accordance with Bid Item No's 2 and 3.
7.14 HAZARDOUS MATERIAL
The Contactor shall be aware of all federal, state and local laws and requirements in
regard to the control of hazardous substances. The contractor shall have a mitigation and
clean-up plan in effect and be prepared for an accidental uncontrolled release of
hazardous materials used in their operations. The Contractor shall provide to the City's
Engineer a copy of the Contractor's mitigation and clean-up plan and demonstrate to the
Engineer their readiness for mitigation of an accidental release of any hazardous material
used in their operation.
The Contractor shall instruct all personnel in the hazards, safe handling and cleanup of
hazardous materials used in their operation and maintain training records in this regard.
Such training records shall be made available to the City upon request. The Contractor
shall be prepared to provide such training to any City personnel as may be required in
support of the work
7.15 DE -ENERGIZING UNDERGROUND/OVERHEAD LINES
Work performed by the Contractor will require de-energization of underground and
possibly overhead lines. The Contractor shall coordinate all requests for de -energizing
lines through the City's Engineer in accordance with the Special Conditions section of this
document. City personnel shall perform all switching operations.
7.16 MOBILIZATION
Mobilization is a charge only if the City cannot supply enough work to keep the
Contractor's crew working without causing a delay of two days or longer. Inclement
weather delays will not be considered for mobilization charges. Payment of this will be
considered full compensation for inconvenience and loss of production.
7.17 OVERTIME — DELAY CHARGE
In the event of a City -caused delay in the completion of a Task Release following the
commencement of work on that Task Release, the Contractor may be compensated.
Payment will at the discretion of the City representative. Inclement weather will not be
considered for Overtime -Delay charges. Payment under this bid item will be considered
full compensation for inconvenience and loss of production