HomeMy WebLinkAboutAgenda Report - May 20, 2009 E-05AW
AGENDA ITEM 005
&I CITY OF LODI
COUNCIL COMMUNICATION
Im
AGENDA TITLE: Approve Specifications and Advertisement for Bids forAnnual Tree Trimming
Contract (Power Line Clearing)for Electric Utility Department (EUD)
MEETING DATE: May 20,2009
PREPARED B Y Electric Utility Director
RECOMMENDED ACTION: Approve specifications and advertisement for bids for annual tree
trimming contract (power line clearing)for Electric Utility Department
BACKGROUND INFORMATION: The Electric Utility Department (EUD) has utilized a tree trimming
contractorfor its line clearing requirements since November 1988.
The current contract with Trees, Inc. of Houston, Texas is due to
expire on June 30, 2009 at the conclusion of the final extension year. It is necessary to advertise forbids
for line -clearing services after this date.
The specifications for tree trimming have been updated. It has been prepared on a 12 month basis with
the option to extend annually thereafter, at the City's sole discretion, for a maximum of three additional
years. The specifications would provide the City with a three-person backyard crew and a three-person
street crew, including vehicles, equipment and other expensesfor two crews.
Maintaining an adequate line clearance program is a critical element to electric system reliability. Due to
the excellent results the Department has experienced with contracting out this service (i.e. significant
reduction of outage time and overall cost effectiveness), it is recommended that the contracting program
be continued. The proposedtree trimming program covers the period of July 1, 2009 to June 30,2010
with the option for up to three additional one-year extensions covering fiscal years 2010/11 and 2011/12
and 2012/13. The specifications are on file in the City Clerk's Office.
3
FISCAL IMPACT: Estimated electric utility cost of $375,000, with additional, unquantifiable
benefit to customers from reduced outages.
FUNDING AVAILABLE: The projected cost is included in the proposed budget for Fiscal Year
2009/10 underAccount No. 160654—Tree Trimming. Funding for contract
extensions shall be approved on a year-to-year basis.
Jordan Ayers
Deputy City Manage temal Services Director
lives
Geor6e F. Morrow
Electric Utility Director
PREPARED B Y Bary Fisher, Construction/Maintenance Supervisor
APPROVED:
Blair%nT, City Manager
LNa
F3 k I'ADOTS X01 1
ELECTRIC UTILITY DEPARTMENT
SPECIFICATIONS
FOR
TREE TRIMMING
May 2009
SET NO. -
TREE TRIMMING
TABLE OF CONTENTS
SECTION 1 NOTICE INVITING BIDS
SECTION 2 INFORMATION TO BIDDERS
SECTION 3 BID PROPOSAL
SECTION 4 CONTRACT...........................................................
SECTION 5 GENERAL PROVISIONS.....................................................
SECTION 6 SPECIAL PROVISIONS
SECTION 1
NOTICE INVITING BIDS
CITY OF LODI, CALIFORNIA
Sealed proposals will be received by the Budget Analyst, Lodi City Hall Annex, 310 West Elm
Street, Lodi, CA 95240 (P.O. Box 3006, Lodi, CA 95241-1910) at or before
11 :00A.M., Thursday .June 11.2009
At that date and hour said sealed proposals will be publicly opened and read in the PublicWorks
Conference Room, City Hall, 221 West Pine Street, Lodi, California. Bidders or their authorized
representative are invited to be present.
The work sought to be performed consists of tree trimming for power line clearing in accordance
with these specifications. The work area can be any area within city limits at the direction of the
Electric Utility Directoror designee. The contract and contract price shall be in effectfrom July 1,
2009 through June 30,2010, unless otherwise terminated. The contract maybe renewed at City's
option on a year-to-year basis for a maximum of three (3) additional years. Price adjustments, if
any, shall be mutually agreed upon by the parties prior to such renewal or extensions as specified
in Section 2.1700.
The contractor shall begin work within ten (10) working days afterthe award of the Contract.
In accordance with the provisions of Sections 1770to 1778of the California LaborCode, the City of
Lodi has ascertained that the general rate of per diem wages and wage rated for holidays and
overtime applicable to the locality in which the work is to be done are as set forth in Resolution No.
4222 of the City of Lodi, copies of which are on file in the office of the City Clerk.
The contractor shall make travel and subsistence paymeht to each worker needed to execute the
work, as such travel and subsistence payment are defined in the applicable collective bargaining
agreements in accordance with Section 1773.8 of the Labor Code.
If a craft or classification used on the project is not shown on the wage determination, the
Contractor may be requiredto paythe 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 insure that, in any contract
entered into pursuantto this Notice, minority business enterprises will be affordedfull opportunityto
submit bids in responseto this Notice and will not be discriminated againston 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 California Public Contract Code. The Contractor shall submit
copies of payroll records to the Electric Utility Director or designee.
May, 2008
The contract documents are available for review at the office of the Electric Utility Director, 1331
South Ham Lane, Lodi, CA 95242, telephone (209) 333-6762.
No bid will be considered unless it is submitted on a proposal form furnished by the City of Lodi.
The prime contractor on this project shall possess a valid State of California Class C-61 license or
an approved equivalent contractor's license.
The City of Lodi reserves the right to reject any or all bids, to waive any informality in any bid, to
accept other than the lowest bid, or not to award the bid.
By the Order of the City Council
RANDI JOHL
City Clerk
May, 2008
SECTION 2
INFORMATION TO BIDDERS
2.100 BID OPENING
A. The Budget Analyst will receive sealed bids at City Hall Annex, 310 West Elm Street, Lodi,
California, 95240 (P.O. Box 3006, Lodi, California 95241-1910) until the time for opening bids
as noted in the "Notice Inviting Bids". Bidders or their authorized agents are invited to be
present at the opening of bids.
B. The bids shall be submitted as directed in the "Notice Inviting Bids" under sealed cover, plainly
marked as a bid and identifying the project to which the bid relates and the date of the bid
opening therefor. Bids which are not properly marked may be disregarded. Only bids actually
received by the Budget Analyst by the time set for the opening of bids will be accepted.
2.200 EXAMINATION OF CONTRACT DOCUMENT AND SITE OF WORK
The bidder is required to examine carefully the site, Informationto Bidders, Bid Proposal, Contract,
General Provisions and Special Provisions, and the plans for the work contemplated, and it will be
assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as
to the character, quality and quantities of work to be performed and materialsto be furnished and
as to the requirementsof the General Provisions, and the Special Provisionsof the Contract. It is
mutually agreed that submission of a bid proposal shall be considered prima facie evidencethat 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 biddershall submit a written request for a clarification, which will be given
in the form of an addenda to all bidders if time permits.
2.300 REGISTRATION OF CONTRACTORS
Before submitting bids, bidders must be licensed in California in accordance with the provisionsof
Chapter 9of Division III of the Business and Professions Code. In addition, the prime contractor on
this project shall possess a valid State of California Class C-61 license or an approved equivalent
contractor's license.
2.400 PROPOSAL FORM
Prospective bidders are furnished with one proposal form included in the specifications.
A. The bid proposal must be signed with the full name and address of the bidder, by an authorized
representative of the submitting bidder.
B. The City of Lodi reserves the rightto accept other than the lowest bid orto reject any or all bids.
2.500 REJECTION OF BID PROPOSALS
Bid 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.
City of Lodi reserves the right is reserved to reject any and all bid proposals.
May, 2008
2.600 BIDDERS GUARANTEE
All bids shall be presented undersealed coverand shall be accompanied bycash, cashier's check,
certified check, or bidder's bond, made payable to the City of Lodi, for an amount equal to $2500,
and no bid shall be considered unless such cash, cashier's check, certified check or bidder's bond
is enclosed therewith.
All bidder's guarantees will be returned to the respective bidders after the contract has been
awarded, except for those bid guarantees of bidderswho may be given further consideration if the
low bidder does not elect to execute the contract. After the award, if the contractor awarded the bid
does not execute the contract, the bidder's guarantee will be forfeited. All bidder guarantees of
unsuccessful bidders will be returned upon receiving the executed contract.
2.700 BIDDERS RESPONSIBILITY FOR SUBCONTRACTORS
Any subcontractor doing work in excess of one-half of one percent (1 /2%) of the total contract price
shall be designed on the form provided in accordancewith Section 4100, et. seq., of the California
Government Code.
Bidder shall be fully responsiblefor all work of subcontractors, and shall be liablefor any failure or
omissions of subcontractors to comply with the specifications for this project.
2.800 AWARD OF CONTRACT
A. The award of the contract, if it be awarded, will be to the lowest responsible bidderwhose bid
proposal complies with all the requirements described herein.
B. Where alternative bids are received, the City Council reserves the right to select the bid most
advantageousto the City. The award, if made, will be madewithin thirty days after opening of
the bids.
C. "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 monetarybidderan opportunityto knowthe reasonwhy bidder 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.
2.900 EXECUTION OF CONTRACT
The contract shall be signed bythe successful bidder and returned, togetherwith the contract bond
and insurance documentation, within ten (10) working days afterthe bidder has received noticethat
the contract has been awarded. No proposal shall be considered binding upon the City until the
execution of the contract.
May, 2008
Failure to execute a contract and file an acceptable bond as provided hereinwithin ten (10)working
days after the bidder has received notice that the contract has been awarded, shall be just cause
for the annulment of the award and the forfeiture of the bidder's deposit.
2.1000 CONTRACT BONDS
The contractor shall furnish one good and sufficient faithful performance bond in the amount equal
to 100% of the contract amount.
This bond will be required at the time the signed contract is returned to the City.
2.1100 NOTIFICATION OF SURETY COMPANIES
Surety companies shall familiarize themselves with all the provisionsand conditions of the contract.
If is understood and agreed that they waive the right of special notification of any modifications or
alterations, omissions or reductions, extra or additional work, extensions of time or any other act or
acts by the City of Lodi or its authorized agents under the terms of the contract; and failure to so
notifythe surety companies of such changes shall in no way relieve the surety or sureties of their
obligations under this contract.
2.1200 INSURANCE CERTIFICATE
The contractor shall furnish a certificate of insurance to the City of Lodi in accordance with Section
5.413 "Public Liability and Property Damage Insurance" and Section 5.414 "Compensation
Insurance"of the General Provisions at the time the signed contract is returned to the City.
2.1300 WORKER'S COMPENSATION INSURANCE
The contractorshall carryfull Worker's Compensation Insurancecoveragefor all personsemployed
in carrying out the work, including subcontractor's employees, under this contract in accordance
with the "Worker's Compensation and I nsuranceAct", Division IV of the California Labor Code and
any acts amendatory thereof. In addition the contractor shall submit a copy of contractor's Illness,
Injury, Prevention Program (I.I.P.P.) to the City.
2.1400 BID EVALUATION
The lowest responsible bidder will be determined, as follows:
A. Contract price for bid evaluation will be the sum of one times the hourly rate for a "Back Yard
Crew", and one times the hourly rate for a "Street Crew". The bid will be awarded to one
contractoronly based on the above summation and the contractor meeting all otherterms and
conditions of these specifications.
Note, the crew bid price is to be all inclusive, i.e., labor, overheads, supervision, equipment,
disposal costs, fees, licenses, etc., all to be included;
And Consideration Given To
B. The ability, capacity, skill, character, integrity, reputation, experience and efficiency of the
bidder;
And
May, 2009
C. The quality and condition of the equipment and tools to be provided by the bidder
2.1500 REFERENCES
The bidder shall submitwith its bid at least three (3) references indicating contact people in other
electric utilities for whom the bidder has performed line clearing work within the pasttwo (2) years.
2.1600 EQUIPMENT REVIEW
The City reserves the right to review/inspect the equipment the bidder intends to use during the
execution of this contract as well as the contractor's equipment fleet in general.
2.1700 CONTRACT EXTENSION
The contract and contract price shall be in effect from July 1, 2009 through June 30, 2010. The
contract may be renewed at City's option on a year-to-year basis for a maximum of three (3)(see
Section 6.01) additional years. Price adjustments, if any, shall be mutually agreed upon by the
patties prior to such renewal or extensions. The maximum escalation/de-escalation in contract
price beginning with and in effect through a fiscal year period, however, shall be the general
percentage increase/decrease in salary obtained by the electric unit of the City represented by
IBEW in the preceding fiscal year.
2.1800 DRIVERS LICENSE
All crewmembers shall have a valid State of California driver's license permitting operation of the
vehicles used in conjunctionwith this tree trimming contract.
2.1900 CLOTHING AND IDENTIFICATION
For crew safety and personal appearance to the public, crewmembers shall wear clothing and
footwear appropriate and safe for the work being performed. There shall be no sneakers or other
soft footwear worn on the job site. Clothing shall be clean and free of tears and holes. If
identification is provided for the use of contractor's employees or equipment, it shall be displayed as
directed by the Electric Utility Director or designee.
May, 2009
SECTION 3
BID PROPOSAL
CITY OF LODI, CALIFORNIA
TO: The Lodi City Council
c/o Construction/Maintenance Supervisor (EUD)
City Hall Annex
310 West Elm Street
P.O. Box 3006
Lodi CA 95240-1910
The undersigned, as bidder, declares to have carefully examined the Notice Inviting Bids,
Information to Bidders and Specifications filed for furnishing and delivering this equipment, and
agrees to befully informed regarding all of the conditions affecting the equipmentto befurnished for
the completion of the order, and that the information was secured by personal investigation and
research and notfrom any estimateof a City employee; and that no claim will be made againstthe
City by reason of estimates, test or representations of any officer or agent of the City; and proposes
and agrees if the proposal be accepted, to furnish the City of Lodithe necessary services specified
in the bid, in the manner and time therein set forth. It has been noted the City of Lodi reserves the
right to accept all or part of this bid, to reject any or all bids, or to accept other than the lowest bid.
The item listed below is to be in accordance with the City of Lodi specifications attached hereto.
The bidderwilI submit a detailed list of any and all exceptions taken to these specifications by either
listing those exceptions in the space provided on the said specifications attached or, when such
space is inadequate, by listing those exceptions on a separate paper by item in the same order of
the City's specifications. In the absence of such a list, it will be understood that the bidder's
proposal is based on strict conformance to the specifications in all respects. If exceptions are
taken, they will be cleared before the award is made.
If awarded the contract, the undersigned agrees to furnish and deliverthe equipment described in
the specifications and to take in full payment therefor the following unit and total prices, to -wit:
May, 2009
SECTION 3
BID PROPOSAL
The undersigned declares that the specifications have been carefully examined for Tree Trimming.
The undersigned further agrees to be responsible for the work of its subcontractors.
UNIT DESCRIPTION PRICE PER HOUR
1 Backyard Crew $
1 Street Crew $
* Including labor, overheads, supervision, equipment, disposal costs, fees, licenses, etc.
Thefollowing bid itemswill be usedto compensatefor emergency after-hourswork and to evaluate
"Downtime".
UNIT DESCRIPTION
1 Helper/Groundman
1 Tree Trimmer
1 Crew Leader
1 Chipper
1 Dump Truck
1 Aerial boom with dump truck
Percent to be added to above
labor rates for overhead
Percent to be added to above labor rates for overtime
including overhead
PRICE PER HOUR
STRAIGHT TIME
$ / hr.
$ / hr.
$ / hr.
$ / hr.
$ / hr.
$ / hr.
The undersigned agrees that if this Bid Proposal is accepted, at the time of the signing of the
contract, one good and sufficient performance bond will be furnished in the amount equal to
$20,000.
Bidder guarantees will be returned to the respective bidders after the contract has been awarded,
except for those bid guarantees of bidderswho 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 bid guarantees of unsuccessful
May, 2009
SECTION 3
BID PROPOSAL
bidders will be returned upon receivingthe 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) payableto the City of Lodi in the amount of
$2,500 which is to be deposited with the City of Lodi as required.
The undersigned further agrees that in case of default in executing the required contract, together
with the necessary bonds, within ten (10) working days after receivingthe contractfor 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 undersignedshall executethe contract and furnish the bond requiredwithin the time
aforesaid, the deposit shall be returned forthwith.
It is understood that no verbal agreement or conversation with any officer, agent or employee of the
City, either before or after the execution of the contract, shall affect or modify any of the terms or
obligations of this Bid Proposal.
The undersigned declares that the only person or persons interested in this proposalas principal or
principals is or are the undersigned, and that no person otherthan the undersigned has any interest
in this Bid Proposal or in the contract proposedto 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 proposedto be
made, or in the supplies, work or business to which it relates or in any portions of the profits thereof.
May, 2009
SECTION 3
BID PROPOSAL
The following information is furnished relative to each subcontractorwho will performwork or labor
or render services to the undersigned in and aboutthe project in an amount in excess of one-half of
one percent(1/2%) of the total amountof this bid. The undersigned agrees that any portions of the
work in excess of one-half of one percent (1/2%) of the total amount of this bid and for which no
subcontractor is designed herein, will be performed by the undersigned.
Name of Subcontractor Address Description of Work
The Undersigned is licensed in accordance with the laws of the State of California, License No.
Federal Contractor/Employer I.D. No.
NAME OF COMPANY
DATE
BY (Print Name)
ADDRESS
CITY, STATE, ZIP
PHONE NUMBER
AUTHORIZED SIGNATURE
TITLE
Classification
Dated:------------------- 19---���
May, 2009
SECTION 4
CONTRACT
CITY OF LODI, CALIFORNIA
THIS CONTRACT made on by and between the City of Lodi, State of California, herein
referred to as the "City", and herein referred to as the "Contractor".
WITNESSETH:
That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and
agree with each other, as follows:
The complete Contract consists of the following documents which are incorporated herein by this
reference, to -wit:
Notice Inviting Bids
Informationto Bidders
General Provisions
Special Provisions
Bid Proposal
Contract
Contract Bond
The 1999 Edition
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 paymentsand agreements hereinafter mentioned,to be
made and performed by the City and underthe condition expressed in the bond bearing even date with
these presentand hereunto annexed, and Contractor agrees with City, at Contractor's cost and expense,
to furnish all labor, equipment and disposal necessaryto perform and services (electric line clearing) in a
good workmanlike manner and to the satisfaction of the City as shown and describe in the Contract
Documents which are hereby made a part of the Contract.
ARTICLE II - The City hereby promises and agrees with the Contractor to employ, and does hereby
employ, the Contractor to provide all services and to do the work according to the terms and conditions
for the price herein, and hereby contracts to pay the same as set forth in Section 5.600, "Measurement,
Acceptance and Payment," of the General Provisions, in the manner and upon the conditions above set
forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns,
do hereby agree to the full performanceof the covenants herein contained.
ARTICLE III -And the Contractoragreesto receive and acceptthe following pricesas full compensation
forfurnishing all the work contemplatedand embraced in this contract; also for all loss or damage arising
out of the nature of the work aforesaid or from the action of the elements, or from any unforeseen
difficulties or obstructions which may arise or be encountered in the prosecution of the work until it
acceptance by the City, and for all risks of every description connected with the work; also for all
expenses incurred by or in consequence of the suspension of discontinuance of work and for well and
faithfully completing the work, and the whole thereof, in the manner and according to the Contract
Documents and the requirements of the Electric Utility Director under them, to -wit:
May, 2009
SECTION 4
CONTRACT
The undersigned declares that the specifications have been carefully examinedfor Tree Trimming
The undersigned further agrees to be responsible for the work of its subcontractors.
UNIT DESCRIPTION
1 Backyard Crew
1 Street Crew
PRICE PER HOUR
* Including labor, overheads, supervision, equipment, disposal costs, fees, licenses, etc.
The following bid items will be used to compensatefor emergency after-hourswork and to evaluate
"Downtime".
UNIT DESCRIPTION
1 Helper/G roundman
1 Tree Trimmer
1 Crew Leader
1 Chipper
1 Dump Truck
1 Aerial boom with dump truck
Percent to be added to above
labor rates for overhead
Percent to be added to above labor rates for overtime
including overhead
PRICE PER HOUR
STRAIGHT TIME
$ / hr.
$ / hr.
$ / hr.
$ / hr.
$ / hr.
$ / hr.
May, 2009
SECTION 4
CONTRACT
ARTICLE IV - By my signature hereunder, as Contractor, I certify that I am aware of the provisions of
Section 3700 of the California Labor Code, which requires every employerto be insured against liability
for workers' compensation or to undertake self-insurance in accordancewith the provisions of that Code,
and I will comply with such provisions before commencing the performance of the work of this contract.
ARTICLE V - It is further expressly agreed by and between the parties heretothat, should there be any
conflict between the terms of this Contract and the Bid Proposal of the Contractor, then this Contract shall
control and nothing herein shall be considered as an acceptance of the terms of the Bid Proposal of the
Contractor that conflict herewith.
ARTICLE VI - The Contractor agrees to commence work pursuant to this Contract within (10) working
days after execution of the Contract.
May,2009
SECTION 4
CONTRACT
IN WITNESS WHEREOF, the parties hereto have set their hands the day, month and year appearing
opposite their names.
CITY OF LODI, a Municipal Corporation
Blair King, City Manager Date
ATTEST:
Randi Johl, City Clerk Date
APPROVED AS TO FORM:
D. Stephen Schwabauer, City Attorney Date
CONTRACTOR
Name
Date
SECTION 5
GENERAL PROVISIONS
5.100 SCOPE OF WORK
5.101 WORK TO BE DONE
The work to be done consists of furnishing all labor, materials, methods and processes, implements, tools
and machinery, except as otherwise specified, which are necessary and required to implement and
complete the work designated in these specifications and to leave the grounds in a neat condition.
5.102 ALTERATIONS
By mutual consent in writing of the parties signatory to the contract, alterations or deviations, increases or
decreases, and additions or omissions in the specifications may be made and the same shall in no way
affect or make void the contract.
The City of Lodi reservesthe rightto increaseor decrease the quantity of any item or portion of the work,
orto omit portions of the work as may be deemed necessaryor expedient bythe Electric Utility Director.
5.103 DELETED
5.104 CLEANING UP
The Contractorshall 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 work. The Electric Utility Director
shall have the rightto determine what is or is not waste material or rubbish and the place and manner of
disposal.
The Contractor shall remove and dispose of all trees designated by the Electric Utility Director as
obstructions to the proper completion of the work.
Upon completion and before making application for final acceptance of the work, the Contractor shall
clean the street or road and all ground occupied by Contractor in connection with the work of all rubbish,
excess materials, temporary structures, and equipment; and all parts of the work shall be left in a neat
and presentable condition, acceptable to the Electric Utility Director.
5.200 CONTROL OF WORK
5.201 AUTHORITY OF THE ELECTRIC UTILITY DIRECTOR
The Electric Utility Director shall decide any and all questions which may arise as to the quality or
acceptabilityof materialsfurnished and work performed, and as to the mannerof performance and rate of
progress of the work; all questions which arise as to the interpretationof the plans and specifications; all
questions as to the acceptable fulfillment of the contract on the part of the Contractor; and all questions
as to claim and compensation.
The Electric Utility Director's decisions in these matters shall be final. The Electric Utility Directorshall
have executive authority to enforce and make effective such decisions and orders on the Contractor.
5.202 DELETED
5.203 DELETED
5.204 COORDINATION OF SPECIFICATIONS
May, 2009
SECTION 5
GENERAL PROVISIONS
The specifications including all supplementary documents are essential parts of the contract and a
requirement occurring in one is as binding as though occurring in all. They are intended to be
cooperative, to describe, and to provide for a complete work.
Special Provisions shall govern over General Provisions.
5.205 INTERPRETATION OF SPECIFICATIONS
Should it appear that the work to be done, or any matter relative thereto, is not sufficiently detailed or
explained in the specifications, the Contractorshall apply to the Electric Utility Directorfor such further
explanations as may be necessary, and shall conform to such explanation or interpretation as partof the
contract so far as maybe consistent with the intent of the original specifications. I n the event of doubt or
question relative to the true meaning of the contract documents, referral shall be made to the Electric
Utility Director, whose decision thereon shall be final.
5.206 ORDER OF WORK
When required by the Special Provisions, the Contractorshall 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 therefore.
5.207 SPECIFICATIONS ON JOB SITE
A complete, approved set of specifications and change orders shall be kept on the job site and available
at all times. Non-availability shall be deemed a cause for temporary suspension of work without
compensation.
5.208 SUPERINTENDENCE
Before starting work, the Contractor shall designate in writing an authorized representative who shall
have the authority to represent and act for the Contractor, and shall be a certified Arborist.
Said authorized representative shall be present at the site of the work at all times while work is actually in
progress on the contract. When work is not in progress and during periods when work is suspended,
arrangements acceptableto the Electric Utility Directorshall be madefor any emergencywork which may
be required.
Wheneverthe Contractoror Contractor's authorized representative is not presenton any particular part of
the work where it may be desired to give direction, orders will be given bythe Electric Utility Director, or
his/her representative,which shall be receivedand obeyed bythe superintendent or supervisor who may
have charge of the particular work in reference to which the orders are given.
May, 2009
SECTION 5
GENERAL PROVISIONS
Any order given bythe Electric Utility Director not otherwise required bythe specifications to be in writing,
will, on request of the Contractor, be given or confirmed in writing.
5.209 DELETED
5.210 INSPECTION
The Electric Utility Directorshall at all times have access to the work during its construction, and shall be
furnished with every reasonable accommodation to ascertainthe workmanship is in accordancewith the
requirements and intentions of the specifications and the General Provisions. All work done and services
furnished shall be subject to the Electric Utility Director's inspection.
Wheneverthe Contractorvaries the period during which work is carried on each day, due notices shall be
given to the Electric Utility Directorso that proper inspection may be provided.
The inspection of the work shall not relieve the Contractor of any obligations to fulfill the contract as
prescribed. Work not meeting such requirements shall be made good, and unsuitable work may be
rejected, notwithstanding that such work have been previously inspected bythe Electric Utility Directoror
that payment therefor has been included in a progress estimate.
5.211 REMOVAL OF DEFECTIVEAND UNAUTHORIZED WORK
All work which is defective or deficient in any of the requirements of these specifications shall be
remedied, or removed and replaced by the Contractor in an acceptable manner, and no compensation
will be allowed for such correction.
Upon failure on the part of the Contractorto comply forthwith any order of the Electric Utility Director
made under the provisions of this section, the Electric Utility Director shall have authority to cause
defective work to be remedied, or removed and replaced, and unauthorized work to be removed and to
deduct the costs thereof from any moneys due to become due to the Contractor.
5.212 FINAL INSPECTION
Wheneverthe work provided and contemplated bythe Contract shall have been satisfactorilycompleted
and the final cleaning up performed, and the Electric Utility Director notified in writing, the Electric Utility
Directorwill make the final inspection.
5.300 DELETED
5.400 LEGAL RELATIONSAND RESPONSIBILITIES
5.401 LAWS TO BE OBSERVED
The Contractor shall keep him/herself fully informed of all existing and future State and National laws and
all municipal ordinances and regulation of the City of Lodi which in any manner affect those engaged or
employed in the work, or which in any way affect the conduct of the work, and of all such orders and
decrees of bodies or tribunals having jurisdiction or authority over the same.
5.402 LABOR DISCRIMINATION
Attention is directed to Section 1735 of the California Labor Code which reads as follows:
May, 2009
SECTION 5
GENERAL PROVISIONS
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
Exceptas otherwise provided, the Contractorshall procure all permits and licenses, pay all charges and
fees, and give all notices necessaryand 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 California 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 its operations so as to cause the least possible obstruction and
inconvenienceto 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.
Residentsalong the road or street shall be provided passage as far as practicable. Convenientaccess 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 necessaryto give adequatewarning to the public at all times that the road or street is obstructed and
of any dangerous conditionsto be encountered as a resultthereof, and shall also erect and maintain such
warning and directional signs as may be furnished by the City.
May, 2009
SECTION 5
GENERAL PROVISIONS
Signs, lights, flags and otherwarning and safety devices shall conform to the requirements set forth in the
current"Manual of Warning Signs, Lightsand Devicesfor use in Performance of Work upon Highways,'
issued by the State of California Departmentof Transportation. Copies of this manual are on file with the
City of Lodi Public Works Department.
No material or equipment shall be stored where it will interfere with the free and safe passage of public
traffic, and at the end of each day's work and at other times when operations are suspended for any
reason, the Contractorshall remove all equipment and other obstructionsfrom that portion of the roadway
open for use by public traffic.
Full compensationfor doing the above-mentionedwork shall be included in the price paidforthe 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 or damage to existing improvements or facilities, utility
facilities and adjacent property, and trees, shrubs and other plants that are not to be trimmed and / or
removed.
Trees, shrubs and other plants that are not to be trimmed or removed, and pole lines, fences, signs,
markers and monuments, buildings and structures, and any other above ground improvements or
facilities and all underground facilities shown on the plans or broughtto the Contractor's attention during
the Contract, within or adjacent to the highway, shall be protected from injury or damage; and if ordered
by the Electric Utility Director or designee, the Contractorshall provide and install suitable safeguards,
approvedbythe Electric Utility Directoror designee, to protect such objects from injuryordamage. 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 accompanyingthe contract. The Electric Utility Directoror designee may make or cause to
be made such temporary repairs as are necessaryto restoreto service any damaged facility. The cost of
such repairs shall be borne by the Contractor under the Contract.
Full compensation for furnishing all labor, materials, tools, equipment and incidentals,and for doing all the
work involved in protecting or repairing property as specified in this section, shall be considered as
included in the prices paid for the various contract items of work, and no additional compensation will be
allowed therefor.
5.409 RESPONSIBILITY FOR DAMAGE
The City of Lodi, the City Council, all appointed officers, commissioners and employees or agents shall
not be answerable or accountable in any mannerfor any loss or damage that may occur to the work or
any partthereof; orfor any material or equipment used in performing the work; orfor 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 anytime beforefinal 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 Contractorshall indemnifyand hold harmlessthe Cityof Lodi, the City Council, all appointed officers,
commissioners and employees or agents from any suits, claims or actions brought by any person or
personsfor or on account of any injuries or damages sustained or arising in the performanceof the work
called for in the Contract and the Contract Documents or in consequence thereof. The City Council may
retain as much of the money due the Contractor as shall be considered necessary until disposition has
been made of such suits or claims for damages as aforesaid.
May, 2009
SECTION 5
GENERAL PROVISIONS
5.410 CONTRACTOR'S RESPONSIBILITY FOR WORK
Except as provided above, until the formal acceptance of the work by the City Council, the Contractor
shall have the charge and care thereof and shall bearthe risk of injury or damageto any part thereof by
the action of the elements from any other cause, whether arising from the execution or from the non -
execution of the work.
The Contractor shall rebuild, repair, restore and make good all injuries or damagesto 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
Neitherthe City Council, the Electric Utility Director, norany other officer or authorized assistant or agent
or employee of City, shall be personally responsible for any liability arising under the Contract.
5.412 RESPONSIBILITY OF CITY
The City of Lodi shall not be held responsible for the care or protection cf any material or parts cf 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 the Contract, insurance coverage as listed
below. These insurance policies shall protectthe Contractor and any subcontractor performing work
covered bythis contractfrom claims for damagesfor personal injury, including accidental death, aswell
as from claimsfor property damages, which mayarisefrom Contractor's operations underthe 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
$3,000,000 Bodily Injury -Ea. Occurrence/Aggregate
$3,000,000 Property Damage- Ea. Occurrence/Aggregate
or
$3,000,000 Combined Single Limits
COMPREHENSIVE AUTOMOBILE LIABILITY
$1,000,000 Bodily Injury- Ea. Person
$1,000,000 Bodily Injury- Ea. Occurrence
$1,000,000 Property Damage- Ea. Occurrence
or
$1,000,000 Combined Single Limits
May, 2009
SECTION 5
GENERAL PROVISIONS
NOTE: Contractor agrees and stipulates that any insurance coverage provided to the City of Lodi shall
provide for a claims period following termination of coverage which is at least consistent with the claims
period or statutes of limitations found in the California Tort Claims Act (California Government Code
Section 810 et seq.).
A copy of the certificate of insurance with the following endorsements shall be furnished to the City:
(a) Additional Named Insured Endorsement
Such insurance as is afforded by this policy shall also apply to the City of Lodi, its
elected and appointed Boards, Commissions, Officers, Agents and Employees as
additional named Insureds insofar as work performed by the insured under written
contract with the City of Lodi.
(b) Primary Insurance Endorsement
Such insurance as is afforded by the endorsement for the Additional Insureds shall
apply as primary insurance. Any other insurance maintained by the City of Lodi or its
officers and employees shall be excess only and not contributing with the insurance
afforded by this endorsement. This language shall be furnished on an endorsement
attached to the certificate of insurance.
(c) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of
more than one insured shall not operateto increasethe limit of the company's liability.
(d) Notice of Cancellation or Chanae in Coveraae Endorsement
This policy may not be cancelled northe coverage reduced bythe companywithout 30
days prior written notice of such cancellation or reduction in coverage to the City
Attorney, City of Lodi, P. O. Box 3006, Lodi, CA 95241-1910.
(e) Contractor agrees and stipulates that any insurance coverage provided to the City of
Lodi shall providefor a claims periodfollowing termination of coveragewhich 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 the Contract, Worker's Compensation
Insurancefor all of Contractor's employees employed at the site of the project and, if any work is sublet,
Contractorshall require the subcontractorsimilarlyto provideWorker's Compensation Insurancefor all of
the latter's employees unless such employees are covered by the protection afforded bythe Contractor.
I n case any class of employees engaged i n hazardouswork underthe Contractat the site of the project is
not protected under the Worker's Compensation Statute, the Contractor shall provide and shall cause
each subcontractorto provide insurance for the protection of said employees. This policy may not be
cancelled nor the coverage reduced by the company without 30 days prior written notice of such
May,2009
SECTION 5
GENERAL PROVISIONS
cancellation or reduction in coverage to the City Attorney, City of Lodi, P. O. Box 3006, Lodi, CA 95241-
1910.
5.415 GUARANTEE AND WARRANTY (MODIFIED)
If, in the opinion of the Electric Utility Director, defective work creates a dangerous condition or requires
immediate correction or attention to preventfurther lossto the City orto prevent interruption of operations
of the City, the City will attempt to give the notice required. If the Contractor cannot be contacted or does
not comply with the Electric Utility Director's request for correction within a reasonable time as
determined by the Electric Utility Director, the City may, notwithstanding the provisions of this section,
proceed to make such correction or provide such attention and the costs of such correction or attention
shall be charged againstthe Contractor.
Such action by the City will not relieve the Contractor of the guarantees provided in this section or
elsewhere in the Contract.
This section does not in anyway limitthe guarantee on any itemsfor which longerguarantee is specified
nor on any items for which a manufacturer gives a guarantee for a longer period, not does it limit other
remedies of the City in respect to latent defects, fraud or implied warranties.
5.416 COOPERATION
Should construction be underway by other agencies or by other contractors with in or adjacent to the limits
for the work specified, or should work of any other nature by underway by other forces within or adjacent
to said limits, the Contractor shall schedule and coordinate the work with the other contractors and
agencies so there is the least amount of conflict during all phases of construction. The Contractoris also
responsiblefor making all necessary agreements with other contractors as required during construction.
5.500 PROSECUTIONAND PROGRESS
5.501 SUBCONTRACTING
The Contractor shall give personal attention to the fulfillment of the contract and shall keep the work
under control.
Subcontractorwill not be recognizedas 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 performed in a manner
satisfactoryto the Electric Utility Director,the subcontractor shall be removed immediatelyon the request
of the Electric Utility Director and shall not again be employed for the work designated underthe Contract
Documents.
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 relievethe original Contractoror Contractor's
surety of their responsibiIitiesunder the Contract, nor will the City consent to any assignment of apart of
the work under the Contract.
5.503 (DELETED)
May, 2009
SECTION 5
GENERAL PROVISIONS
5.504 (DELETED)
5.505 CHARACTER OF WORK PERSONNEL
If any subcontractor or person employed by the Contractorfails or refuses to carry out the directions of
the Electric Utility Director or designee or appears to the Electric Utility Director or designee to be
incompetentor to act in a disorderly or improper manner, that person shall be discharged immediatelyon
the request of the Electric Utility Directoror designee, and such person shall not again be employed for
the work designated under the Contract Documents.
5.506 TEMPORARY SUSPENSION OF WORK
The Electric Utility Director or designee shall have the authority to suspend the work wholly or in part, for
such period as Electric Utility Director or designee may deem necessary, due to unsuitable weather or to
such other conditions as are considered unfavorablefor the suitable performance of the work, or for such
time as the Electric Utility Director or designee may deem necessary, due to the failure on the part of the
Contractorto carry out orders given, or to perform any provisions of the contract. The Contractorshall
immediately obey such order of the Electric Utility Director or designee and shall not resume the work
until ordered in writing by the Electric Utility Director or designee.
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 Contractorto 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 Electric Utility Director could have been performed prior to the
occurrence of such unsuitableweather conditions had the Contractor d i I igently prosecuted the work when
weather conditionswere suitable; the Contractor, at Contractor's expense, shall do all thework 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 Contractorfails to perform the work above specified, the City may perform such work and
the cost thereof will be deducted from moneys due or to become due the Contractor.
5.507 (DELETED)
5.508 TERMINATION OF CONTRACT
Failureto prosecutethe work diligently is grounds for termination of the Contractor's'control overthe work
by the City of Lodi as provided in Section 14394 of the California Government Code.
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, unlessotherwise provided inthe Special Provisions (Section 6.01, et..
seq.).
5.600 MEASUREMENT, ACCEPTANCE AND PAYMENT
5.601 PAYMENT
May, 2009
SECTION 5
GENERAL PROVISIONS
The City of Lodi shall pay the Contractor monthly upon presentation of invoice delineating all work
performed the previous month. Paymentfor work performed the last month of the Contract will be made
pursuant to Sections 5.603 and 5.606.
5.602 SUBSTITUTION OF SECURITIES FOR WITHHELD AMOUNT
Pursuantto Section 22300 of the California Public Contract Code, securities maybe substituted for any
moneys withheld by a public agency to ensure performance under a contract. At the request and
expense of the Contractor, securities equivalentto the amountwithheld 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 Contractorwill notify the Electric Utility Director in writing of the completion of work hereunder. The
Electric Utility Director or designee will check as to the actual completion, and when satisfied will
recommend acceptance to the City.
5.604 (DELETED)
5.605 CLAIMS FOR DAMAGES
Ifthe Contractorshall claim compensation for any damage sustained by reason of the acts of the City or
its agents, Contractor shall, within five (5) days after sustaining of such damage(s) make to the Electric
Utility Director a written statement of the damage(s) sustained. On or before the fifteenth day of the
month succeeding that in which any such damage shall have been sustained, the Contractor shall file
with the Electric Utility Director an itemized statement of the details and amount of such damage, and
unless such statement shall be made as thus required, claims for compensation shall be forfeited and
invalidated and Contractor shall not be entitled to consideration of payment on account of any such
damage.
5.606 FINAL PAYMENT
The Electric Utility Directorshall, afterthe 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 amountsto be kept
and all amounts to be retained under the provisions of the Contract. All prior partial estimates and
payments shall be subjectto 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 Contractthat 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 paymentof the final amount due underthe Contract, and the
adjustmentand paymentfor any work done in accordancewith 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 of any alteration thereof.
May, 2009
SECTION 5
GENERAL PROVISIONS
5.700 STANDARD SPECIFICATIONS
The work embraced herein shall be done in accordancewith the appropriate provisionsof construction
details of the specifications entitled, "State of California, Business and Transportation Agency,
Departmentof Transportation, Standard Specifications, July 1999," insofaras the same mayapply, which
specifications are hereinafter referred to as the Standard Specifications and in accordance with the
following Special Provisions.
Whenever in the Contract Documentsor the Standard Specifications the term "State" is used, it shall be
understood to mean and refer to the City of Lodi.
Other items appearing in the Standard Specifications, the General Provisions, and the Special Provisions,
shall have the intent and meaning specified in Section 1, Definition of Terms of the Standard
Specifications.
May, 2009
SECTION 6
SPECIAL PROVISIONS
6.01 DESCRIPTION OF WORK
The work consists of line clearing (tree trimming) for subtransmission, distributionand secondary circuits
including overhead services within city limits of the City of Lodi at the direction of the Electric Utility
Director or designee. Secondary distribution circuits shall be cleared a minimum of six (6) feet and ten
(10)feet for primary d istri bution and subtransmission. The Contract maybe renewed at City's option on a
year-to-year basis for a maximum of three (3) additional years. Prices shall be mutually agreed upon
prior to such renewal or extension per Section 2.1700.
6.02 CONTROL OF MATERIAL
a) Wood Wood shall be cut into lengths easily manageable by one person in order to prevent
injurywhen lifting.
b) Residents Right to Wood The resident on whose propertythetree(s) is growing shall have
first choice over any wood collected from such trees.
c) Disposal Contractor shall dispose of all material generated as a resultof work performed, at
Contractor's cost, provided conditions described in 6.02 (b) do not apply.
Disposal of material shall be at the "Central Valley Waste Services" transfer station located at
Turner Road and Cluff Avenue and/or at any other recycleand/or composting site within a total
driving time (to and from) not to exceed '/Z hour as measuredfrom city limits if outside the City
of Lodi and to the exclusive approval of the Electric Utility Director or designee. All fees
associated with disposal shall be borne by the Contractor. Weigh slip for each disposal shall
be submitted to the Electric Utility Director.
If tree material is disposed of to private entities, these entities will be required by the City to
sign a Release of Liability to hold the City of Lodi, its elected and appointed Boards,
Commissions, Officers, Agents and Employees harmless from any such disposal.
6.03 GUARANTY AND WARRANTY
The Contractor shall guaranty and warrant all tools and equipment supplied as being fit for the purpose
intended. The Contractorshall guaranty and warrant all work performedas having been accomplished in
a proper and workmanlike manner.
The City is hereby authorized to perform additional trimming work if the Contractor fails to make or
undertakewith due diligencethe aforesaid additional trimming work within ten (10) days after Contractor
is given written notice of such unsatisfactory work provided, however, that in case of emergencywhere, in
the opinion of the Electric Utility Directoror designee, providing a reasonable attempt has been made to
notify the Contractor, delay would cause serious loss or damages, or a serious hazard to the public, the
additional trimming may be performed or lights, signs, and barricades erected without prior noticeto the
Contractor, and the Contractor shall pay the entire cost thereof. At the completion of the work, the
Faithful Performance Bond may be reduced at the discretion of the Lodi City Councilto not less than ten
(10) percent of the Contract price to cover said guarantee.
6.04 COORDINATION CE' WORK
The Contractor shall be responsible for coordinating all activity with the Electric Utility Director or
designee. Scheduled work shall be performed during normal working hours, 7:00 a.m. to 3:30 p.m.,
Monday through Friday. The Electric Utility Director or designee shall have the authority to change the
April, 2006
SECTION 6
SPECIAL PROVISIONS
hours of work to meet the needs of the City. Work will be performed on an as -needed basis as
determined by the Electric Utility Directoror designee.
6.05 EMERGENCY WORK
Emergency call -outwork shall be coordinated between Contractorand Electric Utility Directoror designee
on a verbal authorization basis. The Electric utility Directoror designee reservesthe rightto furnish such
staff, equipment, tools and materials required as is deemed expedient and the Contractorshall have no
claim for payment on the cost of such items. All emergency work shall be reported daily upon separate
report sheets, furnished to the Electric Utility Directoror designee and signed by both parties. These
reports shall thereafter be considered the true record of emergency work done. It is the responsibility of
the Contractorto ensure that its personnel are available on a timely basis (e.g. within 30 minutes)for after
hours emergency tree work. The Contractorshall provide means to immediately contact its designated
representative for after hours work.
6.06 TEMPORARY SUSPENSION
The Contractorshall havethe authorityto suspendthe work wholly or in part, for such a period as he may
deem necessary, dueto u nsu itable weather orto such otherconditions as are considered unfavorablefor
the suitable prosecution of the work.
6.07 BEGINNING WORK
Contractor shall respond expeditiously to work requests from the Electric Utility Directoror designee.
6.08 WORK CENTER
Contractor shall establish a work center in a centralized location of the work area as a base for daily
operations. Such location is subject to the concurrence of the Electric Utility Directoror designee.
6.09 PARKING
The City may, at its option, make available to Contractor arrangementsfor parking on City premises, in
aid of performance of the Contract. Contractor shall hold City harmless and shall indemnify City for any
and all damages arising from or related to such parking arrangements. If parking is provided, it may be
terminated at any time by the City.
6.10 CREWS AND EQUIPMENT
Normally the Contractor shall provide two tree crews composed as follows. The City may revise the
composition of such crews or the work location of such crews (i.e. backyard or street) at any time.
a) "Backyard Crew" consisting of line clearing foreman, line clearing climber and
groundman/helper equipped with chipper, dump truck and incidental powerand hand
tools.
b) "Street/Combination Crew" consisting of line clearing foreman, line clearing climberand
groundman/helper equipped with chipper, insulated aerial boom with dump body and
incidental power and hand tools. (This crew may be assigned to work as a Backyard
Crew either from time -to -time or on a regular basis.)
April, 2006
SECTION 6
SPECIAL PROVISIONS
The successful bidder shall be capable of furnishing one `Backyard Crew' with all the necessarytools and
equipment as well as one `Street Crew' with all necessary tools and equipment. If requested by the
Electric Utility Director in writing, additionaltree clearance crews will be supplied bythe Contractor upon a
minimum of thirty (30) days written notice. The term for these additional crews shall also be specified in
the notice.
6.11 BILLING AND PAYMENT
The Contractorshall submit one invoicefor paymentto the Electric Utility Directorfor all work performed
during the previous month. The invoice shall indicate the type of work completed, type of species of the
tree(s), quantities, location(s), dates work accomplished, and crew hours, i.e., `Backyard Crew' and/or
`Street Crew.' A weekly billing cycle, to be approved by the Electric Utility Director, may be acceptable.
Payment will be made after approval of the invoice by the Electric Utility Director and will be based on
hours worked by either crew configuration times the respective bid prices per hour per crew. Such
payment shall be all inclusive and no additional payment will be made for such items as supervision,
disposal of material, disposal fees, other fees or licenses, etc. Computation of hours worked shall be
computed to the nearest quarter (114) hour. Downtime as a result of equipment failure will be subtracted
from the above payment and be based on hourly rates quoted for both equipment and personnel
involved.
6.12 TERMINATION OF CONTRACT
The Contract can be terminated at any time by the Electric Utility Director in his sole and absolute
discretion upon notice to Contractor.
6.13 SAFETY
American National Standard ANSI 2133.1 standards for tree care operations - pruning, trimming,
repairing, maintaining, and removing trees, and cutting brush - safety requirements is made a part of
these Standard Tree Trimming Specifications. Contractor shall comply with said standards.
6.14 GENERAL OBJECTIVES
Prune trees to accomplish the following: to select and develop permanent scaffold branches that are
smaller in diameterthan the trunk or branch to which they are attached, which havevertical spacingfrom
18to 48 inches and radial orientation so as notto overlay on another; to eliminate diseased or damaged
growth; to eliminate narrow V-shaped branch forks that lack strength; to reduce toppling and wind
damaged by thinning out crowns; to maintain growth within space limitations; to maintain a natural
appearance; to balance crown with roots (same instructions are in force when clearing electrical
energized lines). Evergreen trees should be thinned out and shaped when necessaryto prevent wind
and storm damage. The primary pruning of deciduous trees should be done during the dormant season.
Damaged trees, or those that constitute health or safety hazards, should be pruned at any time of the
year as required. All pruning cuts should be made to lateral branches or to outside of branch collarwith
the trunk. Under no circumstance should "stubbing" ever be performed.
6.15 PRUNING CATEGORIES
a) Thinning and shaping - all trees are to be pruned to follow the natural growth of the tree.
May, 2009
SECTION 6
SPECIAL PROVISIONS
b) Height reduction- prunetop growthto reduceoverall heightoftree by approximately 20%, but
no lowerthan 15feet, exceptwhere necessaryto maintain adequate clearance from energized
lines. Does not include changing the scaffolding structure of the tree.
6.16 TREE PRUNINGAND REMOVAL REQUIREMENTS
The instructions set forth herein are the City's standards for clearing of lines and provide details and
directions to the Contractor. The Contractor shall perform the following services in a professional
workmanship like manner consistent with all appropriate rules of safety.
a) Follow the shape suggested by the natural growth habits of each tree species.
b) Cutthe laterals to preservethe naturalform of the tree, leavingthe head open enough for the
branching system to show and permitting dead material to be easily cleaned out and lightto
show through the head. Tree foliage shall not be reduced by more than 20%.
c) Do not use spurs unless removing the tree.
d) Crown reduction should be used to reduce the height or spread of a tree in conjunction with
thinning cuts.
e) All limbs, one inch in diameter or over, shall be removed using three cuts where there is a
chance of the bark tearing at the crotch. Removing large limbs the undercut should be at
least one-third of the diameter. Make the second one to three inches further from the crotch
than the first. The final cut is made outside of branch collar. Cuts shall not be made so large
that they will prevent normal sap flow.
f) On trees knownto be diseased, pruningtools as well as cut surfaces shall be disinfected with
a ten percent (10%) chlorine bleach solution or sterilant after each cut and between trees
where there is danger of transmitting the disease on tools.
g) Pruning with hand prunerswill be permitted. Small limbs, including suckers and water spouts,
shall be cut close to the trunk or branch from which they arise.
h) All cut branches three and one-half inches or larger in diameter shall be lowered by proper
ropes to the ground. Any damage caused by dropped limbs shall be repaired promptly at the
Contractor's expense and to the satisfaction of the Electric Utility Director or designee.
i) Pruning around high voltage distribution and transmission lines shall be done by a certified
and qualified line clearance tree trimmer.
j) Do not spray any cuts.
k) All trees to be completely removed shall be cut to grade.
1) Remove all loose bark hanging in crotches of all Eucalyptus trees.
6.17 PROPERTY OWNER NOTIFICATION
Property owners shall be notified a minimum of 24 hours prior to any trimming on their property. Door
knob hangers may be used if contact cannot be made personally with the occupant of the property.
Notification is not requiredfor emergency call -out work.
May, 2009
SECTION 6
SPECIAL PROVISIONS
6.18 CITY NOTIFICATION
The City of Lodi shall be notified 48 hours in advance in order to de -energize a line section.
The Contractorshall notifythe Utility Operator daily of the work area forthe day and shall obtain a no -test
order on lines in the work area.
Each crew supervisor or crew leader shall report to the Construction & Maintenance Supervisor, or
designee, at the beginning of each work day for specific assignments.
6.19 EMERGENCY WORK
Emergency cal I -out work shall be coordinated betweenthe Contractorand the Electric Utility Directoror
designee on a verbal authorization basis.
6.20 OVERTIME WORK
Authorization for overtime work shall be obtained from the Electric Utility Director or designee prior to
commencing any overtime work.
6.21 RECORD KEEPING
A complete record of all tree work shall be submitted daily to the Electric Utility Director. Line clearance
records will include type of tree work performed, date, species, type of crew, tools required, hours,
locations and any other information required by the Electric Utility Director. The Electric Utility
Departmentwill supply the Contractorwith the appropriate record keeping forms.
6.22 QUALIFICATIONS
The following qualifications shall apply to line clearing Foremen, climbers and apprentice climbers. Line
clearing Foreman shall have completed an approved apprenticeship in line clearing and have a minimum
of one year experience as a foreman. Line clearing climber shall have completed an approved
apprenticeship in line clearing 18 months. Apprentices shall be utilized as Groundman. Crew must be
trained in CPR, First Aid and Aerial rescue. Written documentation shall be provided on each crew
member for approval by the Electric Utility Director.
6.23 COMMUNICATIONS WITH CITY EMPLOYEESAND CITIZENS OF CITY
In the event an interpreter is needed to facilitate communications between employees of Contractorand
employees of City or citizens of City, Contractorshall provide at its sole cost and expense the services of
such translator.
May, 2009
CITY OF LODI
ELECTRIC UTILITY DEPARTMENT
SPECIFICATIONS
FOR
TREE TRIMMING
May 2009
SET NO.
TREE TRIMMING
TABLE OF CONTENTS
SECTION 1 NOTICE INVITING BIDS
SECTION 2 INFORMATIONTO BIDDERS ..............................................
SECTION 3 BID PROPOSAL
SECTION 4 CONTRACT
SECTION5 GENERAL PROVISIONS
SECTION 6 SPECIAL PROVISIONS
SECTION 1
NOTICE INVITING BIDS
CITY OF LODI, CALIFORNIA
Sealed proposals will be received by the Budget Analyst, Lodi City Hall Annex, 310 West Elm
Street, Lodi, CA 95240 (P.O. Box 3006, Lodi, CA 95241-1910) at or before
11:00 A.M., Thursdav ,June 11,2009
At that date and hour said sealed proposalswill be publicly opened and read in the Public Works
Conference Room, City Hall, 221 West Pine Street, Lodi, California. Bidders or their authorized
representative are invited to be present.
The work sought to be performed consists of tree trimming for power line clearing in accordance
with these specifications. The work area can be any area within city limits at the direction of the
Electric Utility Directoror designee. The contract and contract price shall be in effect from July 1,
2009 through June 30,2010, unless otherwise terminated. The contract maybe renewed at City's
option on a year-to-year basis for a maximum of three (3) additional years. Price adjustments, if
any, shall be mutually agreed upon bythe parties priorto such renewal or extensions as specified
in Section 2.1700.
The contractor shall begin work within ten (10) working days after the award of the Contract.
In accordancewith the provisions of Sections 1770to 1778of the California Labor Code, the City of
Lodi has ascertained that the general rate of per diem wages and wage rated for holidays and
overtime applicable to the locality in which the work is to be done are as set forth in Resolution No.
4222 of the City of Lodi, copies of which are on file in the office of the City Clerk.
The contractor shall make travel and subsistence payment to each worker needed to execute the
work, as such travel and subsistence payment are defined in the applicable collective bargaining
agreements in accordance with Section 1773.8 of the Labor Code.
If a craft or classification used on the project is not shown on the wage determination, the
Contractor may be requiredto paythe wage rate of that craft or classification most closely relatedto
it, as shown in the general determinations.
The City of Lodi hereby notifies all bidders that it will affirmatively insure that, in any contract
entered into pursuantto this Notice, minority business enterpriseswill be afforded full opportunityto
submit bids in responseto this Notice 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 equivalentto the amount withheld in the form and mannerand subjectto the conditions
provided in Section 22300 of the California Public Contract Code. The Contractor shall submit
copies of payroll records to the Electric Utility Director or designee.
May, 2008
The contract documents are available for review at the office of the Electric Utility Director, 1331
South Ham Lane, Lodi, CA 95242, telephone (209) 333-6762.
No bid will be considered unless it is submitted on a proposal form furnished by the City of Lodi.
The prime contractoron this projectshall possess a valid State of California Class C-61 licenseor
an approved equivalent contractor's license.
The City of Lodi reserves the right to reject any or all bids, to waive any informality in any bid, to
accept other than the lowest bid, or not to award the bid.
By the Order of the City Council
RANDI JOHL
City Clerk
May, 2008
SECTION 2
INFORMATIONTO BIDDERS
2.100 BID OPENING
A. The Budget Analyst will receive sealed bids at City Hall Annex, 310 West Elm Street, Lodi,
California, 95240 (P.O. Box 3006, Lodi, California 95241-1910) until the time for opening bids
as noted in the "Notice Inviting Bids". Bidders or their authorized agents are invited to be
present at the opening of bids.
B. The bids shall be submitted as directed in the "Notice Inviting Bids" under sealed cover, plainly
marked as a bid and identifying the project to which the bid relates and the date of the bid
opening therefor. Bids which are not properly marked may be disregarded. Only bids actually
received by the Budget Analyst by the time set for the opening of bids will be accepted.
2.200 EXAMINATION OF CONTRACT DOCUMENT AND SITE OF WORK
The bidder is required to examine carefully the site, Informationto Bidders, Bid Proposal, Contract,
General Provisions and Special Provisions, and the plans for the work contemplated, and it will be
assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as
to the character, quality and quantities of work to be performed and materialsto be furnished and
as to the requirements of the General Provisions, and the Special Provisions of the Contract. Itis
mutually agreed that submission of a bid proposal shall be considered prima facie evidencethat the
bidder has made such examination.
If omissions, discrepanciesor apparent errors are found in the plans and specifications priorto the
date of bid opening, the biddershall submit a written requestfor a clarification, which will be given
in the form of an addenda to all bidders if time permits.
2.300 REGISTRATIONOF CONTRACTORS
Before submitting bids, bidders must be licensed in California in accordancewith the provisions of
Chapter 9 of Division I I I of the Business and Professions Code. In addition, the prime contractor on
this project shall possess a valid State of California Class C-61 license or an approved equivalent
contractor's license.
2.400 PROPOSAL FORM
Prospective bidders are furnished with one proposal form included in the specifications.
A. The bid proposal must be signed with the full name and address of the bidder, by an authorized
representative of the submitting bidder.
B. The City of Lodi reserves the rightto accept other than the lowest bid or to reject any or all bids.
2.500 REJECTION OF BID PROPOSALS
Bid Proposals may be rejected if they show any alterations of form, additions not called for,
conditional or alternative bids, incomplete bids, erasures or irregularities cf any kind.
City of Lodi reserves the right is reserved to reject any and all bid proposals.
May, 2008
2.600 BIDDERS GUARANTEE
All bids shall be presented under sealed cover and shall be accompanied by cash, cashier's check,
certified check, or bidder's bond, made payable to the City of Lodi, for an amount equal to $2500,
and no bid shall be considered unless such cash, cashier's check, certified check or bidder's bond
is enclosed therewith.
All bidder's guarantees will be returned to the respective bidders after the contract has been
awarded, exceptfor those bid guarantees of bidders who may be given further consideration if the
low bidderdoes not electto executethe contract. Afterthe award, if the contractor awarded the bid
does not execute the contract, the bidder's guarantee will be forfeited. All bidder guarantees of
unsuccessful bidders will be returned upon receiving the executed contract.
2.700 BIDDERS RESPONSIBILITY FOR SUBCONTRACTORS
Any subcontractor doing work in excess of one-half of one percent(1/2%) of the total contract price
shall be designed on the form provided in accordancewith Section4100, et. seq., of the California
Government Code.
Biddershall be fully responsiblefor all work of subcontractors, and shall be liable for any failure or
omissions of subcontractors to comply with the specifications for this project.
2.800 AWARD OF CONTRACT
A. The award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid
proposal complies with all the requirements described herein.
B. Where alternative bids are received, the City Council reserves the rightto selectthe bid most
advantageousto the City. The award, if made, will be made within thirty days after opening of
the bids.
C. "Lowest responsible bidder" refers to not only the attribute of trustworthiness, but also to the
quality, fitness, and capacity of the low monetary bidderto satisfactorily performthe 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. Givethe lowest monetarybidderan opportunityto knowthe reason why bidderis 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.
2.900 EXECUTION OF CONTRACT
The contract shall be signed bythe successful bidderand returned, together with the contract bond
and insurance documentation, within ten (10) working days afterthe bidder has received noticethat
the contract has been awarded. No proposal shall be considered binding upon the City until the
execution of the contract.
May, 2008
Failureto execute a contract and file an acceptable bond as provided herein within ten (10) working
days after the bidder has received notice that the contract has been awarded, shall be just cause
for the annulment of the award and the forfeiture of the bidder's deposit.
2.1000 CONTRACT BONDS
The contractorshall furnish one good and sufficient faithful performance bond in the amount equal
to 100% of the contract amount.
This bond will be required at the time the signed contract is returned to the City.
2.1100 NOTIFICATION OF SURETY COMPANIES
Surety companies shall familiarize themselves with all the provisionsand conditions of the contract.
If is understood and agreed that they waive the right of special notification of any modifications or
alterations, omissions or reductions, extra or additional work, extensions of time or any other act or
acts by the City of Lodi or its authorized agents under the terms of the contract; and failure to so
notifythe surety companies of such changes shall in no way relievethe surety or sureties of their
obligations under this contract.
2.1200 INSURANCE CERTIFICATE
The contractorshall furnish a certificateof insuranceto the City of Lodi in accordance with Section
5.413 "Public Liability and Property Damage Insurance" and Section 5.414 "Compensation
Insurance" of the General Provisions at the time the signed contract is returned to the City.
2.1300 WORKER'S COMPENSATION INSURANCE
The contractorshall carryfull Worker's Compensation Insurance coverage for all persons employed
in carrying out the work, including subcontractor's employees, under this contract in accordance
with the "Worker's Compensation and InsuranceAct', DivisionlV of the California Labor Code and
any acts amendatory thereof. In addition the contractor shall submit a copy of contractor's Illness,
Injury, Prevention Program (I.I.P.P.) to the City.
2.1400 BID EVALUATION
The lowest responsible bidder will be determined, as follows:
A. Contract price for bid evaluation will be the sum of one times the hourly rate for a "Back Yard
Crew", and one times the hourly rate for a "Street Crew". The bid will be awarded to one
contractoronly based on the above summation and the contractor meeting all otherterms and
conditions of these specifications.
Note, the crew bid price is to be all inclusive, i.e., labor, overheads, supervision, equipment,
disposal costs, fees, licenses, etc., all to be included;
And Consideration Given To
B. The ability, capacity, skill, character, integrity, reputation, experience and efficiency of the
bidder;
And
May, 2009
C. The quality and condition of the equipment and tools to be provided by the bidder.
2.1500 REFERENCES
The bidder shall submit with its bid at leastthree (3) references indicating contact people in other
electric utilities for whom the bidder has performed line clearing work within the pasttwo (2) years.
2.1600 EQUIPMENT REVIEW
The City reserves the right to review/inspect the equipment the bidder intends to use during the
execution of this contract as well as the contractor's equipment fleet in general.
2.1700 CONTRACT EXTENSION
The contract and contract price shall be in effect from July 1, 2009 through June 30, 2010. The
contract may be renewed at City's option on a year-to-year basis for a maximum of three (3)(see
Section 6.01) additional years. Price adjustments, if any, shall be mutually agreed upon by the
parties prior to such renewal or extensions. The maximum escalation/de-escalation in contract
price beginning with and in effect through a fiscal year period, however, shall be the general
percentage increase/decrease in salary obtained by the electric unit of the City represented by
IBEW in the preceding fiscal year.
2.1800 DRIVERS LICENSE
All crewmembers shall have a valid State of California driver's license permitting operation of the
vehicles used in conjunction with this tree trimming contract.
2.1900 CLOTHING AND IDENTIFICATION
For crew safety and personal appearance to the public, crewmembers shall wear clothing and
footwear appropriate and safe for the work being performed. There shall be no sneakers or other
soft footwear worn on the job site. Clothing shall be clean and free of tears and holes. If
identificationis providedfor the use of contractor's employeesor equipment, it shall be displayed as
directed by the Electric Utility Director or designee.
May, 2009
SECTION 3
BID PROPOSAL
CITY OF LODI, CALIFORNIA
TO: The Lodi City Council
c/o Construction/Maintenance Supervisor(EUD)
City Hall Annex
310 West Elm Street
P.O. Box 3006
Lodi CA 95240-1910
The undersigned, as bidder, declares to have carefully examined the Notice Inviting Bids,
Information to Bidders and Specifications filed for furnishing and delivering this equipment, and
agreesto befully informed regardingall of the conditions affectingthe equipmentto befurnished for
the completion of the order, and that the information was secured by personal investigation and
research and notfrom any estimate of a City employee; and that no claim will be made againstthe
City by reason of estimates, test or representationsof any officer or agent of the City; and proposes
and agrees if the proposal be accepted, to furnish the City of Lodi the necessary services specified
in the bid, in the manner and time therein set forth. It has been noted the City of Lodi reserves the
rightto accept all or part of this bid, to reject any or all bids, or to accept other than the lowest bid.
The item listed below is to be in accordance with the City of Lodi specifications attached hereto.
The bidderwill submit a detailed list of any and all exceptionstaken to these specifications by either
listing those exceptions in the space provided on the said specifications attached or, when such
space is inadequate, by listing those exceptions on a separate paper by item in the same order of
the City's specifications. In the absence of such a list, it will be understood that the bidder's
proposal is based on strict conformance to the specifications in all respects. If exceptions are
taken, they will be cleared before the award is made.
If awarded the contract, the undersigned agrees to furnish and deliverthe equipment described in
the specifications and to take in full payment therefor the following unit and total prices, to -wit:
May, 2009
SECTION 3
BID PROPOSAL
The undersigned declares that the specifications have been carefully examined for Tree Trimming.
The undersigned further agrees to be responsible for the work of its subcontractors.
UNIT DESCRIPTION PRICE PER HOUR
1 Backyard Crew $
1 Street Crew $
* Including labor, overheads, supervision, equipment, disposal costs, fees, licenses, etc.
The following bid itemswill be used to compensatefor emergency after-hourswork and to evaluate
"Downtime".
UNIT DESCRIPTION
PRICE PER HOUR
STRAIGHTTIME
1 Helper/Groundman
$
/ hr.
1 Tree Trimmer
$
/ hr.
1 Crew Leader
$
/ hr.
1 Chipper
$
/ hr.
1 Dump Truck
$
/ hr.
1 Aerial boom with dump truck
$
/ hr.
Percent to be added to above
labor rates for overhead
%
Percent to be added to above labor rates for overtime
including overhead
%
The undersigned agrees that if this Bid Proposal is accepted, at the time of the signing of the
contract, one good and sufficient performance bond will be furnished in the amount equal to
$20,000.
Bidder 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 bid guarantees of unsuccessful
May, 2009
SECTION 3
BID PROPOSAL
bidderswill be returned upon receivingthe 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) payableto the City of Lodi in the amount of
$2,500 which is to be deposited with the City of Lodi as required.
The undersigned further agrees that in case of default in executing the required contract, together
with the necessary bonds, within ten (10)working days after receivingthe contractfor 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 executethe contract and furnish the bond requiredwithin the time
aforesaid, the deposit shall be returned forthwith.
It is understood that no verbal agreement or conversation with any officer, agent or employee of the
City, either before or after the execution of the contract, shall affect or modify any of the terms or
obligations of this Bid Proposal.
The undersigned declares that the only person or persons interested in this proposal as principal or
principals is or are the undersigned, and that no person other than the undersigned has any interest
in this Bid Proposal or in the contract proposed to be taken; that this proposal is made without any
connection with any other person or persons making a bid or proposal for the same purpose; that
the proposal is in all respects fair and in good faith and without collusion or fraud; that no City
Officer, either elected or appointed, and no City employee is, shall be or become directly or
indirectly interested as principal or principals in this Bid Proposal or in the contract proposedto be
made, or in the supplies, work or businessto which it relates or in any portions of the profits thereof.
May, 2009
SECTION 3
BID PROPOSAL
The following information is furnished relativeto each subcontractorwho will performwork or labor
or render services to the undersigned in and about the project in an amount in excess of one-half of
one percent(1/2%)of the total amount of this bid. The undersigned agrees that any portions of the
work in excess of one-half of one percent (1/2%) of the total amount of this bid and for which no
subcontractoris designed herein, will be performed bythe undersigned.
Name of Subcontractor Address Description of Work
The Undersigned is licensed in accordance with the laws of the State of California, License No.
, Classifrcatron
Federal Contractor/Employer I.D. No.
Dated -------------------- 19
NAME OF COMPANY
DATE
BY (Print Name)
ADDRESS
CITY, STATE, ZIP
PHONE NUMBER
AUTHORIZED SIGNATURE
TITLE
May, 2009
SECTION 4
CONTRACT
CITY OF LODI, CALIFORNIA
THIS CONTRACT made on by and betweenthe 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
Informationto Bidders
General Provisions
Special Provisions
Bid Proposal
Contract
Contract Bond
The 1999 Edition
Standard Specifications,
State of California
Business and Transportation Agency,
Departmentof 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 executedthe same
as if mentioned in all said documents.
ARTICLE I - That for and in considerationof the payments and agreements hereinafter mentioned, to be
made and performed by the City and underthe condition expressed in the bond bearing even date with
these present and hereunto annexed, and Contractor agrees with City, at Contractor's cost and expense,
to furnish all labor, equipment and disposal necessaryto perform and services (electric line clearing) in a
good workmanlike manner and to the satisfaction of the City as shown and describe in the Contract
Documents which are hereby made a part of the Contract.
ARTICLE II - The City hereby promises and agrees with the Contractorto employ, and does hereby
employ, the Contractor to provide all services and to do the work according to the terms and conditions
for the price herein, and hereby contracts to pay the same as set forth in Section 5.600, "Measurement,
Acceptance and Payment," of the General Provisions, in the manner and upon the conditions above set
forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns,
do hereby agree to the full performanceof the covenants herein contained.
ARTICLE III -And the Contractoragrees to receiveand accept the following prices as full compensation
for furnishing all the work contemplatedand embraced in this contract; also for all loss or damage arising
out of the nature of the work aforesaid or from the action of the elements, or from any unforeseen
difficulties or obstructions which may arise or be encountered in the prosecution of the work until it
acceptance by the City, and for all risks of every description connected with the work; also for all
expenses incurred by or in consequence of the suspension of discontinuance of work and for well and
faithfully completing the work, and the whole thereof, in the manner and according to the Contract
Documents and the requirementsof the Electric Utility Director under them, to -wit:
May, 2009
SECTION 4
CONTRACT
The undersigned declares that the specifications have been carefully examined for Tree Trimming
The undersigned further agrees to be responsible for the work of its subcontractors.
UNIT DESCRIPTION PRICE PER HOUR
1 Backyard Crew $
1 Street Crew $
* Including labor, overheads, supervision, equipment, disposal costs, fees, licenses, etc.
Thefollowing bid itemswill be usedto compensatefor emergency after-hourswork andto evaluate
"Downtime".
UNIT DESCRIPTION
1 Helper/Groundman
1 Tree Trimmer
1 Crew Leader
1 Chipper
1 Dump Truck
1 Aerial boom with dump truck
Percent to be added to above
labor rates for overhead
Percent to be added to above labor rates for overtime
including overhead
PRICE PER HOUR
STRAIGHT TIME
$ / hr.
$ / hr.
$ / hr.
$ / hr.
$ / hr.
$ / hr.
May, 2009
SECTION 4
CONTRACT
ARTICLE IV - By my signature hereunder, as Contractor, I certify that I am aware of the provisions of
Section 3700 of the California Labor Code, which requires every employerto be insured against liability
for workers' compensation or to undertake self-insurance in accordancewith the provisions of that Code,
and I will comply with such provisions before commencing the performance of the work of this contract.
ARTICLE V - It is further expressly agreed by and betweenthe parties heretothat , should there be any
conflict between the terms of this Contract and the Bid Proposal of the Contractor, then this Contractshall
control and nothing herein shall be considered as an acceptance of the terms of the Bid Proposal of the
Contractor that conflict herewith.
ARTICLE VI - The Contractor agrees to commence work pursuant to this Contract within (10) working
days after execution of the Contract.
May, 2009
SECTION 4
CONTRACT
IN WITNESS WHEREOF, the parties hereto have set their hands the day, month and year appearing
opposite their names.
CITY OF LODI, a Municipal Corporation
Blair King, City Manager Date
ATTEST:
Randi Johl, City Clerk Date
APPROVED AS TO FORM:
D. Stephen Schwabauer, City Attorney Date
CONTRACTOR
Name
Date
SECTION 5
GENERAL PROVISIONS
5.100 SCOPE OF WORK
5.101 WORK TO BE DONE
The work to be done consists of furnishing all labor, materials, methods and processes, implements, tools
and machinery, except as otherwise specified, which are necessary and required to implement and
complete the work designated in these specifications and to leave the grounds in a neat condition.
5.102 ALTERATIONS
By mutual consent in writing of the parties signatoryto the contract, alterations or deviations, increases or
decreases, and additions or omissions in the specifications may be made and the same shall in no way
affect or make void the contract.
The City of Lodi reservesthe rightto increase or decreasethe quantity cf any item or portion of the work,
or to omit portions of the work as may be deemed necessaryor expedient by the Electric Utility Director.
5.103 DELETED
5.104 CLEANING UP
The Contractorshall 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 work. The Electric Utility Director
shall have the right to determine what is or is not waste material or rubbish and the place and manner of
disposal.
The Contractor shall remove and dispose cif all trees designated by the Electric Utility Director as
obstructions to the proper completion of the work.
Upon completion and before making applicationfor final acceptance of the work, the Contractorshall
clean the street or road and all ground occupied by Contractorin connection with the work of all rubbish,
excess materials, temporary structures, and equipment; and all parts of the work shall be left in a neat
and presentable condition, acceptable to the Electric Utility Director.
5.200 CONTROL OF WORK
5.201 AUTHORITY OF THE ELECTRIC UTILITY DIRECTOR
The Electric Utility Director shall decide any and all questions which may arise as to the quality or
acceptabilityof materialsfurnished and work performed, and as to the mannerof performanceand rate of
progress of the work; all questions which arise as to the interpretationof the plans and specifications; all
questions as to the acceptable fulfillment of the contract on the part of the Contractor; and all questions
as to claim and compensation.
The Electric Utility Director's decisions in these matters shall be final. The Electric Utility Directorshall
have executive authority to enforce and make effective such decisions and orders on the Contractor.
5.202 DELETED
5.203 DELETED
5.204 COORDINATION OF SPECIFICATIONS
May, 2009
SECTION 5
GENERAL PROVISIONS
The specifications including all supplementary documents are essential parts of the contract and a
requirement occurring in one is as binding as though occurring in all. They are intended to be
cooperative, to describe, and to provide for a complete work.
Special Provisions shall govern over General Provisions.
5.205 INTERPRETATION OF SPECIFICATIONS
Should it appear that the work to be done, or any matter relative thereto, is not sufficiently detailed or
explained in the specifications, the Contractorshall apply to the Electric Utility Directorfor such further
explanations as may be necessary, and shall conform to such explanationor interpretationas partof the
contract so far as maybe consistentwith the intent of the original specifications. I n the event of doubt or
question relative to the true meaning of the contract documents, referral shall be made to the Electric
Utility Director, whose decision thereon shall be final.
5.206 ORDER OF WORK
When required by the Special Provisions, the Contractor shall follow the sequence of operations as set
forth therein.
Full compensation for conforming with such requirements will be considered as included in the prices
paid for the various contract items of work, and no additional compensation will be allowed therefore.
5.207 SPECIFICATIONS ON JOB SITE
A complete, approved set of specifications and change orders shall be kept on the job site and available
at all times. Non-availability shall be deemed a cause for temporary suspension of work without
compensation.
5.208 SUPERINTENDENCE
Before starting work, the Contractor shall designate in writing an authorized representative who shall
have the authority to represent and act for the Contractor, and shall be a certified Arborist.
Said authorized representativeshall be presentat the site of the work at all times while work is actually in
progress on the contract. When work is not in progress and during periods when work is suspended,
arrangements acceptable to the Electric Utility Directorshall be made for any emergencywork which may
be required.
Wheneverthe Contractoror Contractor's authorized representative is not presenton any particular part of
the work where it may be desired to give direction, orders will be given by the Electric Utility Director, or
his/her representative, which shall be received and obeyed bythe superintendent or supervisorwho may
have charge of the particularwork in reference to which the orders are given.
May, 2009
SECTION 5
GENERAL PROVISIONS
Any order given bythe Electric Utility Director not otherwise required bythe specifications to be in writing,
will, on request of the Contractor, be given or confirmed in writing.
5.209 DELETED
5.210 INSPECTION
The Electric Utility Directorshall at all times have access to the work during its construction, and shall be
furnished with every reasonable accommodation to ascertainthe workmanship is in accordancewith the
requirements and intentions of the specifications and the General Provisions. All work done and services
furnished shall be subject to the Electric Utility Director's inspection.
Whenever the Contractorvaries the period during which work is carried on each day, due noticesshall be
given to the Electric Utility Director so that proper inspection may be provided.
The inspection of the work shall not relieve the Contractor of any obligations to fulfill the contract as
prescribed. Work not meeting such requirements shall be made good, and unsuitable work may be
rejected, notwithstanding that such work have been previously inspected bythe Electric Utility Directoror
that paymenttherefor has been included in a progress estimate.
5.211 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK
All work which is defective or deficient in any of the requirements of these specifications shall be
remedied, or removed and replaced by the Contractor in an acceptable manner, and no compensation
will be allowed for such correction.
Upon failure on the part of the Contractor to comply forthwith any order of the Electric Utility Director
made under the provisions of this section, the Electric Utility Director shall have authority to cause
defective work to be remedied, or removed and replaced, and unauthorized work to be removed and to
deduct the costs thereof from any moneys due to become due to the Contractor.
5.212 FINAL INSPECTION
Wheneverthe work providedand contemplated bythe Contractshall have been satisfactorily completed
and the final cleaning up performed, and the Electric Utility Director notified in writing, the Electric Utility
Directorwill make the final inspection.
5.300 DELETED
5.400 LEGAL RELATIONSAND RESPONSIBILITIES
5.401 LAWS TO BE OBSERVED
The Contractor shall keep him/herself fully informed of all existing and future State and National laws and
all municipal ordinances and regulation of the City of Lodi which in any manner affect those engaged or
employed in the work, or which in any way affect the conduct of the work, and of all such orders and
decrees of bodies or tribunals having jurisdiction or authority over the same.
5.402 LABOR DISCRIMINATION
Attention is directed to Section 1735 of the California Labor Code which reads as follows:
May, 2009
SECTION 5
GENERAL PROVISIONS
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 PERMITSAND LICENSES
Except as otherwise provided, the Contractor shall procureall permits and licenses, pay all charges and
fees, and give all notices necessaryand 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 California 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 CONVENIENCEAND SAFETY
The Contractor shall so conduct its operations so as to cause the least possible obstruction and
inconvenienceto 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 necessaryto give adequatewarning to the public at all times that the road or street is obstructed and
of any dangerous conditionsto be encountered as a resultthereof, and shall also erect and maintain such
warning and directional signs as may be furnished by the City.
May, 2009
SECTION 5
GENERAL PROVISIONS
Signs, lights, flags and otherwarning and safety devices shall conformto the requirements set forth inthe
current"Manual of Warning Signs, Lightsand Devicesfor use in Performanceof Work upon Highways,"
issued by the State of California Departmentof Transportation. Copies of this manual are on file with the
City of Lodi Public Works Department.
No material or equipment shall be stored where it will interfere with the free and safe passage of public
traffic, and at the end of each day's work and at other times when operations are suspended for any
reason, the Contractor shall remove all equipment and other obstructions from that portion of the roadway
open for use by public traffic.
Full compensationfor doing the above-mentioned work shall be included inthe price paidfor 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 or damage to existing improvements or facilities, utility
facilities and adjacent property, and trees, shrubs and other plants that are not to be trimmed and / or
removed.
Trees, shrubs and other plants that are not to be trimmed or removed, and pole lines, fences, signs,
markers and monuments, buildings and structures, and any other above ground improvements or
facilities and all underground facilities shown on the plans or broughtto the Contractor's attention during
the Contract, within or adjacentto the highway, shall be protected from injuryor damage; and if ordered
by the Electric Utility Director or designee, the Contractor shall provide and install suitable safeguards,
approved by the Electric Utility Directoror designee, to protect such objects from injuryor 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 accompanyingthe contract. The Electric Utility Directoror designee may make or cause to
be made such temporary repairs as are necessaryto restoreto service any damaged facility. The cost of
such repairs shall be borne by the Contractor under the Contract.
Full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the
work involved in protecting or repairing property as specified in this section, shall be considered as
included in the prices paid for the various contract items of work, and no additional compensation will be
allowed therefor.
5.409 RESPONSIBILITY FOR DAMAGE
The City of Lodi, the City Council, all appointed officers, commissioners and employees or agents shall
not be answerable or accountable in any mannerfor any loss or damage that may occur to the work or
any part thereof; orfor any material or equipment used in performingthe work; orfor injury or damageto
any person or persons, either work personnel or the public; for damage to adjoining propertyfrom any
cause whatsoever during the progress of the work or anytime beforefinal acceptancewith 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 Contractorshall indemnifyand hold harmlessthe Cityof Lodi, the City Council, all appointed officers,
commissioners and employees or agents from any suits, claims or actions brought by any person or
personsfor or on account of any injuriesor damages sustained or arising in the performanceof the work
called for in the Contract and the Contract Documents or in consequence thereof. The City Council may
retain as much of the money due the Contractor as shall be considered necessary until disposition has
been made of such suits or claims for damages as aforesaid.
May, 2009
SECTION 5
GENERAL PROVISIONS
5.410 CONTRACTOR'S RESPONSIBILITY FOR WORK
Except as provided above, until the formal acceptance of the work by the City Council, the Contractor
shall have the charge and care thereof and shall bear the risk of injury or damage to any part thereof by
the action of the elements from any other cause, whether arising from the execution or from the non -
execution of the work.
The Contractorshall 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
Neitherthe City Council, the Electric Utility Director, nor any other officer or authorized assistant or agent
or employee of City, shall be personally responsible for any liability arising underthe Contract.
5.412 RESPONSIBILITY OF CITY
The City of Lodi shall not be held responsible for the care or protection of any material or parts of the
work priorto final acceptance, except as expressly provided in these specifications.
5.413 INSURANCE REQUIREMENTS FOR CONTRACTOR
The Contractor shall takeout and maintain during the life of the Contract, insurance coverage as listed
below. These insurance policies shall protect the Contractor and any subcontractor performing work
covered by this contractfrom claims for damages for personal injury, including accidental death, as well
as from claims for property damages, which may arise from Contractor's operations underthe 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
$3,000,000 Bodily Injury- Ea. Occurrence/Aggregate
$3,000,000 Property Damage - Ea. Occurrence/Aggregate
or
$3,000,000 Combined Single Limits
COMPREHENSIVE AUTOMOBILE LIABILITY
$1,000,000 Bodily Injury- Ea. Person
$1,000,000 Bodily Injury- Ea. Occurrence
$1,000,000 Property Damage - Ea. Occurrence
or
$1,000,000 Combined Single Limits
May, 2009
SECTION 5
GENERAL PROVISIONS
NOTE: Contractoragrees and stipulates that any insurance coverage provided to the City of Lodi shall
provide for a claims period following termination of coverage which is at least consistent with the claims
period or statutes of limitations found in the California Tort Claims Act (California Government Code
Section 810 et seq.).
A copy of the certificate of insurance with the following endorsements shall be furnished to the City:
(a) Additional Named Insured Endorsement
Such insurance as is afforded by this policy shall also apply to the City of Lodi, its
elected and appointed Boards, Commissions, Officers, Agents and Employees as
additional named Insureds insofar as work performed by the insured under written
contract with the City of Lodi.
(b) Primary Insurance Endorsement
Such insurance as is afforded by the endorsement for the Additional Insureds shall
apply as primary insurance. Any other insurance maintained by the City of Lodi or its
officers and employees shall be excess only and not contributing with the insurance
afforded by this endorsement. This language shall be furnished on an endorsement
attached to the certificate of insurance.
(c) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of
morethan one insured shall not operateto increasethe limit of the company's liability.
(d) Notice of Cancellation or Change in Coverage Endorsement
This policy may not be cancelled northe coverage reduced bythe companywithout 30
days prior written notice of such cancellation or reduction in coverage to the City
Attorney, City of Lodi, P. O. Box 3006, Lodi, CA 95241-1910.
(e) Contractor agrees and stipulatesthat any insurance coverage provided to the City of
Lodi shall providefor a claims periodfollowing 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 the Contract, Worker's Compensation
Insurancefor all of Contractor's employees employed at the site of the project and, if any work is sublet,
Contractorshall requirethe subcontractorsimilarlyto provideWorker's Compensation Insuranceforall of
the latter'semployees unless such employees are covered bythe protection afforded bythe Contractor.
In case any class of employees engaged in hazardouswork underthe Contract atthe site of the project is
not protected under the Worker's Compensation Statute, the Contractor shall provide and shall cause
each subcontractorto provide insurance for the protection of said employees. This policy may not be
cancelled nor the coverage reduced by the company without 30 days prior written notice of such
May, 2009
SECTION 5
GENERAL PROVISIONS
cancellation or reduction in coverageto the City Attorney, City of Lodi, P. O. Box 3006, Lodi, CA 95241-
1910.
5.415 GUARANTEE AND WARRANTY (MODIFIED)
If, in the opinion of the Electric Utility Director, defective work creates a dangerous condition or requires
immediate correction or attention to preventfurther loss to the City orto prevent interruption of operations
of the City, the City will attemptto give the notice required. If the Contractor cannot be contacted or does
not comply with the Electric Utility Director's request for correction within a reasonable time as
determined by the Electric Utility Director, the City may, notwithstanding the provisions of this section,
proceed to make such correction or provide such attention and the costs of such correction or attention
shall be charged against the Contractor.
Such action by the City will not relieve the Contractor of the guarantees provided in this section or
elsewhere in the Contract.
This section does not in anyway limitthe guarantee on any itemsfor which longerguarantee is specified
nor on any items for which a manufacturer gives a guarantee for a longer period, not does it limit other
remedies of the City in respect to latent defects, fraud or implied warranties.
5.416 COOPERATION
Should construction be underway by other agencies or by other contractorswithin or adjacent to the limits
for the work specified, or should work of any other nature by underway by other forces within or adjacent
to said limits, the Contractor shall schedule and coordinate the work with the other contractors and
agencies so there is the least amount of conflict during all phases of construction. The Contractoris also
responsiblefor making all necessary agreements with other contractors as requiredduring construction.
5.500 PROSECUTIONAND PROGRESS
5.501 SUBCONTRACTING
The Contractor shall give personal attention to the fulfillment of the contract and shall keep the work
under control.
Subcontractorwill 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 performed in a manner
satisfactoryto the Electric Utility Director, the subcontractor shall be removed immediately on the request
of the Electric Utility Directorand shall not again be employed for the work designated underthe Contract
Documents.
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 assignmentwhich would relievethe original Contractoror Contractor's
surety of their responsibilities under the Contract, norwilI the City consent to any assignment of apart of
the work under the Contract.
5.503 (DELETED)
May, 2009
SECTION 5
GENERAL PROVISIONS
5.504 (DELETED)
5.505 CHARACTER OF WORK PERSONNEL
If any subcontractoror person employed by the Contractor fails or refuses to carry out the directions of
the Electric Utility Director or designee or appears to the Electric Utility Director or designee to be
incompetent orto act in a disorderly or improper manner, that person shall be discharged immediatelyon
the requestof the Electric Utility Directoror designee, and such person shall not again be employed for
the work designated under the Contract Documents.
5.506 TEMPORARY SUSPENSION OF WORK
The Electric Utility Directoror designee shall have the authorityto suspend the work wholly or in part, for
such period as Electric Utility Directoror designee may deem necessary, due to unsuitable weather orto
such other conditions as are considered unfavorablefor the suitable performance of the work, orfor such
time as the Electric Utility Director or designee may deem necessary, due to the failure on the part of the
Contractorto carry out orders given, or to perform any provisions of the contract. The Contractor shall
immediately obey such order of the Electric Utility Directoror designee and shall not resume the work
until ordered in writing by the Electric Utility Directoror designee.
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 Electric Utility Director could have been performed prior to the
occurrence of such unsu itableweather conditions had the Contractor diligently prosecutedthe 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 Contractorfails to perform the work above specified, the City may perform such work and
the cost thereof will be deducted from moneys due or to become due the Contractor.
5.507 (DELETED)
5.508 TERMINATION OF CONTRACT
Failureto prosecute the work diligently is grounds for termination of the Contractor's control overthe work
by the City of Lodi as provided in Section 14394 of the California Government Code.
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 (Section 6.01, et..
seq.).
5.600 MEASUREMENT, ACCEPTANCE AND PAYMENT
5.601 PAYMENT
May, 2009
SECTION 5
GENERAL PROVISIONS
The City of Lodi shall pay the Contractor monthly upon presentation of invoice delineating all work
performed the previous month. Paymentfor work performed the last month of the Contract will be made
pursuant to Sections 5.603 and 5.606.
5.602 SUBSTITUTION OF SECURITIES FOR WITHHELD AMOUNT
Pursuantto Section 22300 of the California Public Contract Code, securities maybe 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 amountwithheld shall be depositedwith 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 Contractorwill notifythe Electric Utility Director in writing cf the completion of work hereunder. The
Electric Utility Director or designee will check as to the actual completion, and when satisfied will
recommend acceptance to the City.
5.604 (DELETED)
5.605 CLAIMS FOR DAMAGES
If the Contractorshall claim compensation for any damage sustained by reason of the acts of the City or
its agents, Contractor shall, within five (5) days after sustaining of such damage(s) make to the Electric
Utility Director a written statement of the damage(s) sustained. On or before the fifteenth day of the
month succeeding that in which any such damage shall have been sustained, the Contractor shall file
with the Electric Utility Director an itemized statement of the details and amount of such damage, and
unless such statement shall be made as thus required, claims for compensation shall be forfeited and
invalidated and Contractor shall not be entitled to consideration of payment on account cf any such
damage.
5.606 FINAL PAYMENT
The Electric Utility Directorshall, afterthe satisfactory completion of the Contract, make a final estimate
cf 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 amountsto be kept
and all amounts to be retained under the provisions of the Contract. All prior partial estimates and
payments shall be subjectto correction in the final estimate and payment. The final payment shall not be
due and payable untilthe expiration of 30 days afterfiling of noticeof completion provided no liens have
been filed.
It is mutually agreed between the parties to the Contract that any payments made underthe 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 paymentof the final amount due underthe Contract, and the
adjustment and paymentfor 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 of any alteration thereof.
May, 2009
SECTION 5
GENERAL PROVISIONS
5.700 STANDARD SPECIFICATIONS
The work embraced herein shall be done in accordance with the appropriate provisions of construction
details of the specifications entitled, "State of California, Business and Transportation Agency,
Departmentof Transportation, Standard Specifications, July 1999,"insofarasthe same mayapply,which
specifications are hereinafter referred to as the Standard Specifications and in accordance with the
following Special Provisions.
Whenever in the Contract Documents or the Standard Specifications the term "State" is used, it shall be
understood to mean and refer to the City of Lodi.
Other items appearing in the Standard Specifications,the General Provisions, and the Special Provisions,
shall have the intent and meaning specified in Section 1, Definition of Terms of the Standard
Specifications.
May, 2009
SECTION 6
SPECIAL PROVISIONS
6.01 DESCRIPTION OF WORK
The work consists of line clearing (treetrimming)for subtransmission, distribution and secondary circuits
including overhead services within city limits of the City of Lodi at the direction of the Electric Utility
Directoror designee. Secondary distribution circuits shall be cleared a minimum of six (6) feet and ten
(10)feet for primary distribution and subtransmission. The Contract maybe renewed at City's option on a
year-to-year basis for a maximum of three (3) additional years. Prices shall be mutually agreed upon
prior to such renewal or extension per Section 2.1700.
6.02 CONTROL OF MATERIAL
a) Wood Wood shall be cut into lengths easily manageable by one person in order to prevent
injurywhen lifting.
b) Residents Right to Wood The resident on whose property the tree(s) is growing shall have
first choice over any wood collected from such trees.
c) Disposal Contractor shall dispose of all material generated as a result of work performed, at
Contractor's cost, provided conditions described in 6.02 (b) do not apply.
Disposal of material shall beat the "Central Valley Waste Services" transfer station located at
Turner Road and Cluff Avenue and/or at any other recycle and/or composting site within a total
driving time (to and from) not to exceed 'h hour as measuredfrom city limits if outside the City
of Lodi and to the exclusive approval of the Electric Utility Director or designee. All fees
associated with disposal shall be borne by the Contractor. Weigh slip for each disposal shall
be submitted to the Electric Utility Director.
If tree material is disposed of to private entities, these entities will be required by the City to
sign a Release of Liability to hold the City of Lodi, its elected and appointed Boards,
Commissions, Officers, Agents and Employees harmless from any such disposal.
6.03 GUARANTY AND WARRANTY
The Contractor shall guaranty and warrant all tools and equipment supplied as being fit for the purpose
intended. The Contractorshall guarantyand warrant all work performedas having been accomplished in
a proper and workmanlike manner.
The City is hereby authorized to perform additional trimming work if the Contractor fails to make or
undertake with due diligence the aforesaid additional trimming work within ten (10) days after Contractor
is given written notice of such unsatisfactory work provided, however, that in case of emergencywhere, in
the opinion of the Electric Utility Directoror designee, providinga reasonable attempt has been made to
notify the Contractor, delay would cause serious loss or damages, or a serious hazard to the public, the
additional trimming may be performed or lights, signs, and barricades erected without prior noticeto the
Contractor, and the Contractor shall pay the entire cost thereof. At the completion of the work, the
Faithful Performance Bond may be reduced at the discretion of the Lodi City Council to not lessthan ten
4(4) percent of the Contract price to cover said guarantee.
6.04 COORDINATION OF WORK
The Contractor shall be responsible for coordinating all activity with the Electric Utility Director or
designee. Scheduled work shall be performed during normal working hours, 7:00 a.m. to 3:30 p.m.,
Mondaythrough Friday. The Electric Utility Director or designee shall have the authority to change the
April, 2006
SECTION 6
SPECIAL PROVISIONS
hours of work to meet the needs of the City. Work will be performed on an as -needed basis as
determined by the Electric Utility Director or designee.
6.05 EMERGENCY WORK
Emergency call -out work shall be coordinated between Contractorand Electric Utility Directoror designee
on a verbal authorization basis. The Electric utility Directoror designee reservesthe rightto furnish such
staff, equipment, tools and materials required as is deemed expedient and the Contractorshall have no
claim for payment on the cost of such items. All emergency work shall be reported daily upon separate
report sheets, furnished to the Electric Utility Directoror designee and signed by both parties. These
reports shall thereafter be considered the true record of emergency work done. It is the responsibilityof
the Contractor to ensure that its personnel are available on a timely basis (e.g. within 30 minutes)for after
hours emergency tree work. The Contractorshall provide means to immediatelycontact its designated
representative for after hours work.
6.06 TEMPORARY SUSPENSION
The Contractorshall havethe authorityto suspendthe work wholly or in part, for such a period as he may
deem necessary, due to u nsu itable weather orto such other conditions as are considered unfavorablefor
the suitable prosecution of the work.
6.07 BEGINNING WORK
Contractorshall respond expeditiously to work requests from the Electric Utility Director or designee.
6.08 WORK CENTER
Contractor shall establish a work center in a centralized location of the work area as a base for daily
operations. Such location is subject to the concurrence of the Electric Utility Director or designee.
6.09 PARKING
The City may, at its option, make available to Contractor arrangements for parking on City premises, in
aid of performance of the Contract, Contractorshall hold City harmless and shall indemnify City for any
and all damages arising from or related to such parking arrangements. If parking is provided, it maybe
terminated at anytime by the City.
6.10 CREWS AND EQUIPMENT
Normally the Contractor shall provide two tree crews composed as follows. The City may revise the
composition of such crews or the work location of such crews (i.e. backyard or street) at any time.
a) "Backyard Crew" consisting of line clearing foreman, line clearing climber and
groundman/helper equipped with chipper, dump truck and incidental power and hand
tools.
b) "Street/Combination Crew" consisting of line clearing foreman, line clearing climberand
groundman/helper equipped with chipper, insulated aerial boom with dump body and
incidental power and hand tools. (This crew may be assigned to work as a Backyard
Crew either from time -to -time or on a regular basis.)
April, 2006
SECTION 6
SPECIAL PROVISIONS
The successful biddershall be capable of furnishing one `BackyardCrew' with all the necessarytools and
equipment as well as one `Street Crew' with all necessary tools and equipment. If requested by the
ElectricUtility Directorin writing, additionaltree clearance crewswill be supplied bythe Contractorupona
minimum of thirty (30) days written notice. The term for these additional crews shall also be specified in
the notice.
6.11 BILLINGAND PAYMENT
The Contractorshall submit one invoice for paymentto the Electric Utility Directorfor all work performed
during the previous month. The invoice shall indicate the type of work completed, type of species of the
tree(s), quantities, location(s), dates work accomplished, and crew hours, i.e., `Backyard Crew' and/or
`Street Crew.' A weekly billing cycle, to be approved by the Electric Utility Director, may be acceptable.
Paymentwill be made after approval of the invoice by the Electric Utility Director and will be based on
hours worked by either crew configuration times the respective bid prices per hour per crew. Such
payment shall be all inclusive and no additional payment will be made for such items as supervision,
disposal of material, disposal fees, other fees or licenses, etc. Computation of hours worked shall be
computed to the nearestquarter (1 /4) hour. Downtime as a result of equipmentfailure will be subtracted
from the above payment and be based on hourly rates quoted for both equipment and personnel
involved.
6.12 TERMINATION OF CONTRACT
The Contract can be terminated at any time by the Electric Utility Director in his sole and absolute
discretion upon notice to Contractor.
6.13 SAFETY
American National Standard ANSI 2133.1 standards for tree care operations - pruning, trimming,
repairing, maintaining, and removing trees, and cutting brush - safety requirements is made a part of
these Standard Tree Trimming Specifications. Contractor shall comply with said standards.
6.14 GENERAL OBJECTIVES
Prune trees to accomplish the following: to select and develop permanent scaffold branches that are
smaller in diameterthan the trunk or branch to which they are attached, which havevertical spacingfrom
18to 48 inches and radial orientation so as notto overlay on another; to eliminate diseased or damaged
growth; to eliminate narrow V-shaped branch forks that lack strength; to reduce toppling and wind
damaged by thinning out crowns; to maintain growth within space limitations; to maintain a natural
appearance; to balance crown with roots (same instructions are in force when clearing electrical
energized lines). Evergreen trees should be thinned out and shaped when necessaryto prevent wind
and storm damage. The primary pruning of deciduous trees should be done during the dormant season.
Damaged trees, or those that constitute health or safety hazards, should be pruned at any time of the
year as required. All pruning cuts should be made to lateral branches or to outside of branch collarwith
the trunk. Under no circumstance should "stubbing" ever be performed.
6.15 PRUNING CATEGORIES
a) Thinning and shaping - all trees are to be pruned to follow the natural growth of the tree.
May, 2009
SECTION 6
SPECIAL PROVISIONS
b) Height reduction- prunetop growthto reduceoverall heightof tree by approximately 20%, but
no lowerthan 15feet, exceptwhere necessaryto maintain adequate clearancefrom energized
lines. Does not include changing the scaffolding structure of the tree.
6.16 TREE PRUNING AND REMOVAL REQUIREMENTS
The instructions set forth herein are the City's standards for clearing of lines and provide details and
directions to the Contractor. The Contractor shall perform the following services in a professional
workmanship like manner consistentwith all appropriate rules of safety.
a) Follow the shape suggested by the natural growth habits of each tree species.
b) Cutthe lateralsto preservethe natural form of the tree, leavingthe head open enough for the
branching system to show and permitting dead material to be easily cleaned out and lightto
show through the head. Tree foliage shall not be reduced by more than 20%.
c) Do not use spurs unless removing the tree.
d) Crown reduction should be used to reducethe height or spread Cf a tree in conjunctionwith
thinning cuts.
e) All limbs, one inch in diameter or over, shall be removed using three cuts where there is a
chance of the bark tearing at the crotch. Removing large limbs the undercut should be at
least one-third of the diameter. Make the second one to three inches further from the crotch
than the first. The final cut is made outside of branch collar. Cuts shall not be made so large
that they will prevent normal sap flow.
f) On trees knownto be diseased, pruningtools as well as cut surfaces shall be disinfected with
a ten percent (10%) chlorine bleach solution or sterilant after each cut and between trees
where there is danger of transmitting the disease on tools.
g) Pruning with hand prunerswill be permitted. Small limbs, including suckers and water spouts,
shall be cut close to the trunk or branch from which they arise.
h) All cut branches three and one-half inches or larger in diameter shall be lowered by proper
ropes to the ground. Any damage caused by dropped limbs shall be repaired promptly at the
Contractor's expense and to the satisfaction of the Electric Utility Director or designee.
i) Pruning around high voltage distribution and transmission lines shall be done by a certified
and qualified line clearance tree trimmer.
j) Do not spray any cuts.
k) All trees to be completely removed shall be cut to grade.
1) Remove all loose bark hanging in crotches of all Eucalyptus trees.
6.17 PROPERTY OWNER NOTIFICATION
Property owners shall be notified a minimum of 24 hours prior to any trimming on their property. Door
knob hangers may be used if contact cannot be made personally with the occupant of the property.
Notification is not required for emergency call -out work.
May, 2009
SECTION 6
SPECIAL PROVISIONS
6.18 CITY NOTIFICATION
The City of Lodi shall be notified 48 hours in advance in order to de -energize a line section.
The Contractorshall notifythe Utility Operator daily of the work area for the day and shall obtain a no -test
order on lines in the work area.
Each crew supervisor or crew leader shall report to the Construction & Maintenance Supervisor, or
designee, at the beginning of each work day for specific assignments.
6.19 EMERGENCYWORK
Emergency call -out work shall be coordinated betweenthe Contractorand the Electric Utility Directoror
designee on a verbal authorization basis.
6.20 OVERTIME WORK
Authorization for overtime work shall be obtained from the Electric Utility Director or designee prior to
commencing any overtime work.
6.21 RECORD KEEPING
A complete record of all tree work shall be submitted daily to the Electric Utility Director. Line clearance
records will include type of tree work performed, date, species, type of crew, tools required, hours,
locations and any other information required by the Electric Utility Director. The Electric Utility
Departmentwill supply the Contractorwith the appropriate record keeping forms.
6.22 QUALIFICATIONS
The following qualifications shall applyto line clearing Foremen, climbers and apprentice climbers. Line
clearing Foremanshall have completedan approved apprenticeship in line clearing and have a minimum
of one year experience as a foreman. Line clearing climber shall have completed an approved
apprenticeship in line clearing 18 months. Apprentices shall be utilized as Groundman. Crew must be
trained in CPR, First Aid and Aerial rescue. Written documentation shall be provided on each crew
memberfor approval by the Electric Utility Director.
6.23 COM MUNICATIONSWITH CITY EMPLOYEESAND CITIZENS OF CITY
Inthe event an interpreter is needed to facilitate communications between employees of Contractorand
employees of City or citizens of City, Contractor shall provide at its sole cost and expense the services of
such translator.
May, 2009