HomeMy WebLinkAboutAgenda Report - September 17, 2008 E-03AGENDA ITEM
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A% CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Approve Specifications and Advertisement for Bidsfor the Installation of
Automated Residential Electric Meters (EUD)
MEETING DATE: September 17,2008
PREPARED BY: Electric Utility Director
RECOMMENDED ACTION: Approve specifications and authorize advertisement for bids for the
installation of automated residential electric meters.
BACKGROUND INFORMATION: Approximately 8,200 automated electric meters were recently
purchased from Itron of Spokane, Washington. This purchasewas
based on Resolution No. 2005-54 dated April 6, 2005 wherein the
City Council approved the standardization of solid-state meters for residential and small commercial
customers with Itron.
EUD has been installing automated electric meters since 2006. At present, more than 2,500 meters have
been installed in difficult -to -read sites and in new developments. The additional 8,200 meters will (i) be
installed in other difficult -to -access areas, i,e. this will replace the window card system, (ii) replace
problematic mechanical MX meters (approximately 900), and (iii) will allow one of the four meter readers
to be re -assigned and trained for another function in the Field Services Division.
Staff recommends approval of the specifications and authorization to advertise for the installation of
Automated Residential Electric Meters.
FISCAL IMPACT: Estimated cost is $123,000 (average of $15 per meter install)
FUNDING: Fiscal Year 2 dget Account No. 161000.
k Evans, Budget Manager
George P. Morrow
Electric Utility Director
PREPARED BY Demy Bucaneg. Jr.. P. E., Assistant Electric Utility Director
GFMOBASt
APPROVED: %zpp� ___7
Blai Ki , ity Manager
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INSTALLATION OF AUTOMATED RESIDENTIAL
METERS
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CITY OF LODI
TABLE OF CONTENTS
Section Title Page
No.
SECTION 1
SECTION 2
SECTION 3
SECTION 4
SECTION 5
SECTION 6
NOTICE INVITING BIDS................................................................... 1.1
INFORMATION TO BIDDERS........................................................... 2.1
BIDPROPOSAL................................................................................ 3.1
CONTRACT....................................................................................... 4.1
GENERAL PROVISIONS.................................................................. 5.1
SPECIAL PROVISIONS.................................................................... 6.1
INSTALLATION OF AUTOMATED RESIDENTIAL METERS SECTION 1
NOTICE INVITING BIDS
CITY OF LODI, CALIFORNIA
Sealed proposals will be received by the Budget Officer, Lodi City Hall Annex,
300 W. Pine Street, P.O. Box 3006, Lodi, California, 95241-1910, until 11 a. m. on
Wednesday, October 15, 2008. 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 scope of work for the contractor shall include the following, as well as other
incidental and related work, as described in these project specifications:
1. Provide qualified labor resources for the installation of approximately 8,200 single-
phase meters within the City of Lodi;
2. Provide tools, vehicles and appropriate safety equipment necessary for this project;
3. Coordinate with the City for scheduling and reporting;
4. Complete required work order forms;
5. Pickup new meters for installation and store removed meters at designated storage
sites;
6. Provide call center services during the installation period; and,
7. Installation of required door hangers, seals, rings, etc. for complete meter
installation.
The Contractor agrees to commence work within 30 calendar days after both parties
have signed the contract and to complete the work within 455 calendar 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 through the
Electric Utility Department, Director's Office, City of Lodi, 1331 South Ham Lane, Lodi,
California, 95242. 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 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
INSTALLATION OF AUTOMATED RESIDENTIAL METERS SECTION 2
INFORMATION TO BIDDERS
2.100 BID OPENING
The Budget Officer will receive sealed bids at the Lodi City Hall Annex, 300 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 Budge 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 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
percentagewise 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 in
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 through the Electric Utility Department, Director's Office, City of Lodi, 1331
South Ham Lane, Lodi, California, 95242.
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
Officer. 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:
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 bonds, 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 acceptable bonds 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:
1. A faithful performance bond in the amount of one hundred percent (100%) of the
contract price.
This bond will be required at the time the signed contract is returned to the City. The
Contract Surety Bond (Faithful Performance) 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. The certificate of insurance shall show the City of Lodi
as the certificate holder.
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.
INSTALLATION OF AUTOMATED RESIDENTIAL METERS SECTION 3
BID PROPOSAL
CITY OF LODI, CALIFORNIA
Date: October 2008
To the Lodi City Council
c/o Budget Officer
(If delivered by FedEx, UPS or courier): (If delivered by mail):
300 West Pine Street P.O. Box 3006
Lodi, CA 95240 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 scope of work for the contractor shall include the following, as well as other
incidental and related work, all as described in these project specifications:
1. Provide qualified labor resources for the installation of approximately 8,200
single-phase meters within the City of Lodi;
2. Provide tools, vehicles and appropriate safety equipment necessary for this
project;
3. Coordinate with the City for scheduling and reporting;
4. Complete required work order forms;
5. Pickup new meters for installation and store removed meters at designated
storage sites;
6. Provide call center services during the installation period; and,
7. Installation of required door hangers, seals, rings, etc. for complete meter
installation.
BID ITEM
ITEM EST'D.
NO. DESCRIPTION UNIT QTY UNIT PRICE
1. Install Automated
Residential Meters LF 8,200 $
TOTAL BID
TOTAL PRICE
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 laws of the State of California,
License No. Classification , License Expiration
Date
Bidder
Authorized Signature
Name (Please Print)
Title
TYPE OF ORGANIZATION
Individual, Partnership or Corporation
Address
Dated: , 20_
(Affix corporate seal if Corporation)
Telephone
INSTALLATION OF AUTOMATED RESIDENTIAL METERS SECTION 4
CONTRACT
CITY OF LODI, CALIFORNIA
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 scope of work for the contractor shall include the following, as well as other
incidental and related work, all as shown on the plans and specifications for the above
project:
1. Provide qualified labor resources for the installation of approximately 8,200
single-phase meters within the City of Lodi;
2. Provide tools, vehicles and appropriate safety equipment necessary for this
project;
3. Coordinate with the City for scheduling and reporting;
4. Complete required work order forms;
5. Pickup new meters for installation and store removed meters at designated
storage sites;
6. Provide call center services during the installation period; and,
7. Installation of required door hangers, seals, rings, etc. for complete meter
installation.
BID ITEM
ITEM EST'D.
NO. DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE
1. Intall Automated
Residential Meters LF 8,200 $ $
TOTAL BID $
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 Mayor has executed the contract and to diligently
prosecute to completion within 455 CALENDAR 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 6-04.03 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:_
Mayor
By: Date:
Title
(CORPORATE SEAL)
Attest:
City Clerk
Approved as to form:
Stephen Schwabauer
City Attorney
INSTALLATION OF AUTOMATED RESIDENTIAL METERS SECTION 5
GENERAL PROVISIONS
5-100 SCOPE OF WORK
5-101 Work to be Done The work to be done consists of furnishing all labor, materials, methods and processes, implements, tools and
machinery, except as otherwise specified, which are necessary and required to construct and complete the work designated in these
specifications and 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 as set
forth therein.
Full compensation for conforming with such requirements will be considered as included in the prices paid for the various contract items of
work, and no additional compensation will be allowed therefor.
5-207 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.
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 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 1420, and every Contractor for public works violating this section is subject to all the penalties imposed for a violation of this
chapter.
5-403 Permits and Licenses Except as otherwise provided, the Contractor shall procure all permits and licenses, pay all charges and
fees, and give all notices necessary and incidental to the due and lawful prosecution of the work.
5-404 Contractor's Licensing Laws Attention is directed to the provisions of Chapter 9 of Division 3 of the Business and Professions
Code concerning the licensing of contractors.
All bidders and contractors shall be licensed in accordance with the laws of the State of California and any bidder or contractor not so
licensed is subject to the penalties imposed by such laws.
5-405 Patents The Contractor shall assume all responsibilities arising from the use of patented materials, equipment, devices or
processes used on or incorporated in the work.
5-406 Safety Provisions The Contractor shall conform to the rules and regulations pertaining to safety established by the California
Division of Industrial Safety.
5-407 Public Convenience and Safety The Contractor shall so conduct the operation as to cause the least possible obstruction and
inconvenience to public traffic. Unless other existing streets are stipulated in the Special Provisions to be used as detours, all traffic shall
be permitted to pass through the work.
Residents along the road or street shall be provided passage as far as practicable. Convenient access to driveways, houses and buildings
along the road or street shall be maintained and temporary crossing shall be provided and maintained to good condition. Not more than
one cross or intersecting street or road shall be closed at any one time without the approval of the City Engineer.
The Contractor shall furnish, erect and maintain such fences, barriers, lights, signs and flag persons as are necessary to give adequate
warning to the public at all times that the road or street is 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 Ci tv The City of Lodi shall not be held responsible for the care or protection of any material or parts of the work
prior to final acceptance, except as expressly provided in these specifications.
5-413 Insurance Requirements for Contractor The Contractor shall take out and maintain during the life of this contract, insurance
coverage as listed below. These insurance policies shall protect the Contractor and any subcontractor performing work covered by this
contract from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may
arise from Contractor's operations under this contract, whether such operations be by Contractor or by any subcontractor or by anyone
directly or indirectly employed by either of them, and the amount of such insurance shall be as follows:
1. 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 and Employees 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 Acceotance 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:
City Engineer -City Engineer of the
City of Lodi
Director of Public Works - Public Works
Director or designated agent of the
City of Lodi
Engineer - City Engineer or designated agent
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.
INSTALLATION OF AUTOMATED RESIDENTIAL METERS SECTION 6
SPECIAL PROVISIONS
6-01 DESCRIPTION OF WORK
The City of Lodi Electric Utility Department has on -hand 8,200 automated electric meters
for single-phase customer classes. This request for bid proposals and specifications
cover the installation of these meters. The City will determine which routes will be
automated, and the order in which the work will proceed. The City will also sort or filter
the meter changes in an effort to ensure the installer has the correct meter for the job at
hand.
The scope of work for the contractor shall include the following, as well as other
incidental and related work, all as shown on the plans and specifications for the above
project:
1. Provide qualified labor resources for the installation of approximately 8,200
single-phase meters within the City of Lodi;
2. Provide tools, vehicles and appropriate safety equipment necessary for this
project;
3. Coordinate with the City for scheduling and reporting;
4. Complete required work order forms;
5. Pickup new meters for installation and store removed meters at designated
storage sites;
6. Provide call center services during the installation period; and,
7. Installation of required door hangers, seals, rings, etc. for complete meter
installation.
6-03 EQUIPMENT AND MATERIALS
The Contractor shall furnish for use under these Special Provisions all equipment and
materials required to complete the project, except those equipment and materials
specifically shown on the plans or listed in these Special Provisions as "Owner
furnished".
Whenever any equipment or material is specified by name and/or number thereof, such
reference shall be deemed to be used for the purpose of facilitating a description of the
equipment or materials and establishing quality, and shall be deemed and construed to
be followed by the words "or approved equal". No substitution will be permitted which
has not been submitted ten days prior to installation for approval by the Electric Utility
Department. Sufficient descriptive literature and/or samples must be furnished for any
equipment and materials submitted as "equal" substitutes. Product warranties, support
services or other benefits associated with the specific equipment or material will be
considered by the Electric Utility Department in determining equality of materials.
Unless otherwise directed by the Electric Utility Department, manufacturer's instructions
or installation recommendations shall be followed.
6-04 SCHEDULING PROJECT WORK
6-04.01 Scheduling Work Prior to any work, the Contractor shall furnish the Engineer
with a work progress schedule in writing delineating the anticipated work procedure.
This schedule shall be kept current and the Project Engineer shall be notified in writing
48 hours in advance of any variation thereof. The Contractor shall also supply the
Project Engineer with a telephone number or numbers where a duly authorized
representative of the Contractor may be reached at any time.
Prior to construction, a conference with the Contractor and Engineer concerning the
schedule, traffic control and job safety shall be held.
The Contractor shall adhere to standard work time period from 7:OOAM to 7:OOPM and
no work shall be done during Sundays and Holidays. The Contractor shall notify the
Project Engineer in writing 48 hours in advance of any Saturday work schedule.
Saturday work shall be performed between 7:OOAM to 7:OOPM. Should the Contractor
choose to work on a Saturday, 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.
6-04.03 Beginning of Work, Time of Completion and Liquidated Damages
Attention is directed to the Provisions in Section 8-1.03, "Beginning of Work", in Section
8-1.06, "Time of Completion", and in Section 8-1.07, "Liquidated Damages", of the
Standard Specifications (California Department of Transportation) and these Special
Provisions.
The Contractor shall begin work within 30 days after receiving notice that the contract
has been approved by the Mayor. The work shall be diligently prosecuted to completion
within 455 calendar days.
6-06 SPECIFICATIONS
6-06.01 General Sections 6-10 through 6-87 of these Specifications (Special
Provisions) correspond with the State of California Department of Transportation
Standard Specifications. Not all the sections are used. Therefore, there are gaps in the
numbering sequence. Sections used contain either:
• Changes from the Standard Specifications
• Additions to the Standard Specifications
• Repetition of the Standard Specifications for clarity and/or emphasis.