HomeMy WebLinkAboutAgenda Report - June 4, 1997 (64)' . I
CITY OF LODI COUNCIL COMMUNICATION
AGENDA TITLE: Specifications and Advertisement for Bids for Tree Trimming Contract (Power Line
Clearing ) EUD
MEETING DATE: June 4, 1997
SUBMITTED BY: Electric Utility Director
RECOMMENDED ACTION: That the City Council approve the specifications for a tree trimming contract
for power line clearing and authorize advertisement for bids.
BACKGROUND: The Electric Utility Department has utilized a tree trimming contractor for its
line clearing requirements since November 1988. The current contractor was
awarded by the City Council on June 2, 1993 for a one-year period with
provisions for a year-to-year extension up to a maximum of three additional years. The extension option will
be exhausted at the end of the current fiscal year.
Due to the excellent results the Department has experience with this contract service in both significant reduction
of outage time to our customers and the cost effectiveness of the program, it is recommended that the program
be continued. The bid process is being initialized at this time so that a new contract can be in place by the
beginning of the 1997-98 fiscal year, thus maintaining the very necessary continuity of the tree trimming
program.
The Department contracts for Tree Trimming (line clearance) utilizing a three person crew and a two person
crew year round. Due to recent changes in rules and regulations, the line clearance effort must be increased.
On January 23, 1997, the California Public Utilities Commission (CPUC) approved a Proposed Tree Trimming
Rules submitted by Administrative Law Judge Malcolm. This new decision now requires a minimum of 18 inches
clearance instead of the 6 inch clearance required between foliage and 12 kV utility lines. The CPUC has given
the utility companies two years to comply with the new rule. To conform to the new rules, the line clearance
effort must be increased by a three person crew year round. Should this expansion prove insufficient, additional
effort will be necessary, beginning with the 1999-2000 fiscal year.
The specifications have been prepared on a one-year basis with the option to extend yearly thereafter, at the
City's sole discretion, for a maximum of three years. It is expected that this contract will provide the City with
two (2) three-person crews for twelve months and a two -person crew for twelve months, including vehicles,
equipment and other expenses for both crews. This level of activity represents the current effort to maintain the
130+ circuit miles of overhead transmission and distribution lines clear of growth on a three-year cycle.
The bid opening date has been set for June 18, 1997
Approved
Continued ;
i
May 28, 1997
Specifications and Advertisement for bids for
Tree Trimming Contract (Power Line Clearing) EUD
June 4, 1997
Page two
FUNDING: The estimated cost of this contract is $379,300, an amount included in the Department's
proposed 1997-98 fiscal year budget. Funding for extensions of the contract will be budgeted
on a year-to-year basis.
A //� Ila -u -
Alan N. Vallow
Electric Utility Director
Prepared by: Carl Lindstrom
Electric Utility Superintendent
Attachments
ANV/CL/It
c: City Attorney
Purchasing Officer
Bill Hobson, Tree Operations Supervisor
May 28, 1997
CITY OF LODI
ELECTRIC UTILITY DEPARTMENT
SPECIFICATIONS
FOR
TREE TRIMMING
SET NO.
TREE TRIMMING
TABLE OF CONTENTS
SECTION 1 NOTICE INVITING BIDS ................................................ 1.1
SECTION 2 INFORMATION TO BIDDERS ....................................... 2.1
SECTION 3 BID PROPOSAL................................................................. 3.1
SECTION 4 CONTRACT....................................................................... 4.1
SECTION 5 GENERAL PROVISIONS ................................................. 5.1
SECTION 6 SPECIAL PROVISIONS ................................................... 6.1
SECTION 2
INFORMATION TO BIDDERS
CITY OF LODI, CALIFORNIA
Sealed proposals will be received by the Purchasing Officer, Lodi City Hall, 212 West Pine
Street, Lodi, CA 95240 (P.O. Box 3006, Lodi, CA 9241-1910) at or before
11:00 A.M.. WEDNESDAY, JUNE 18.1 997
and will be publicly opened and read at that time at the Finance Department, City Hall Annex
Conference Rom, City Hall, 212 West Pine Street, Lodi, California.
The work consists of tree trimming for power line clearing in accordance with these specifications.
The work area can be any area within city limits at the direction of the Electric Utility Director. The
contract and contract price shall be in effect through fiscal year 1997-1998, i.e., through June 30,
1998, unless otherwise terminated. This agreement may be renewed at City's option on a year-to-
year basis for a maximum of three (3) additional years. Prices shall be mutually agreed upon prior
to such renewal of extension.
The Contractor shall begin work on July 1, 1997, conditioned on approval of the 1997-98 fiscal year
budget by that date or within ten (10) working days after approval of the budget, should it not be
approved by July 1, 1997.
In accordance with the provisions of Section 1770 to 1778 of the Labor Code of the State of
California, the City of Lodi has ascertained that the general rate of per diem wages and wage rated
for holidays and overtime applicable to the locality in which the work is to be done are as set forth
in Resolution No. 4222 of the City of Lodi, copies of which are on file in the office of the City Clerk.
The Contractor shall make travel and subsistence payment to each worker needed to execute the
work, as such travel and subsistence payment are defined in the applicable collective bargaining
agreements in accordance with Section 1773.8 of the Labor Code.
If a craft or classification used on the project is not shown on the wage determination, the Contractor
may be required to pay the wage rate of that craft or classification most closely related to it, as
shown in the general determinations.
N:\USER\.ADMIN\SPECS\TREETRIM MAY 27, 1997
SECTION 2
INFORMATION TO BIDDERS
The City of Lodi hereby notifies all bidders that it will affirmatively insure that, in any contract
entered into pursuant to this advertisement, minority business enterprises will be afforded full
opportunity to submit bids in response to this invitation and will not be discriminated against on the
grounds of race, color, sex or national origin in consideration for an award.
For any moneys earned by the Contractor and withheld by the City of Lodi to ensure the
performance of the Contract, the Contractor may, at Contractor's request and expense, substitute
securities equivalent to the amount withheld in the form and manner and subject to the conditions
provided in Chapter 13 (commencing with Section 4590), Division 5, Title I of the Government
Code of the State of California.
The Contractor may be required to submit copies of payroll records.
The contract documents are available at the office of the Electric Utility Director, 1331 So. Ham
Lane, Lodi, CA 95242, telephone (209) 333-6762.
No bid will be considered unless it is submitted on a proposal form furnished by the City of Lodi.
The prime contractor on this project shall possess a valid State of California Class C-61 or approved
equal contractor's license.
The City of Lodi reserves the right to reject any or all bids, to waive any informality in any bid, to
accept other than the lowest bid, or not to award the bid.
Reference is hereby made to said specifications for further details, which specifications and this
notice shall be considered part of any contract made pursuant thereto.
CITY OF LODI
Joel E. Harris
Purchasing Officer
HAUSMADMINWEMTREETRINI MAY 27, 1997
SECTION 2
INFORMATION TO BIDDERS
2.100 BID OPENING
A. The Purchasing Officer will receive sealed bids at Lodi City Hall Annex, Finance
Department, 212 West Pine Street, Lodi, California, 95240, until the time for opening bids
as noted in the "Notice Inviting Bids". Bidders or their authorized representatives are
invited to be present.
B. The proposal shall be submitted as directed in the "Notice Inviting Bids" under sealed cover,
plainly marked as a proposal and identifying the equipment to which the proposal relates
and the date of the bid opening therefor. Proposals which are not properly marked may be
disregarded. Only proposals actually received by the Purchasing Officer by the time set for
the bid opening will be accepted.
2.200 EXAMINATION OF CONTRACT DOCUMENT AND SITE OF WORK
The Bidder is required to examine carefully the site, Information to Bidders, Bid Proposal, Contract,
General Provisions and Special Provisions, and the plans for the work contemplated, and it will be
assumed that the Bidder has investigated and is satisfied as to the conditions to be encountered,
as to the character, quality and quantities of work to be performed and materials to be furnished
and as to he requirements of the General Provisions, the Special Provisions of the Contract. It is
mutually agreed that submission of a bid proposal shall be considered prima facie evidence that
the bidder has made such examination.
2.300 REGISTRATION OF CONTRACTORS
Before submitting bids, contractors shall be licensed in California in accordance with the provisions
of Chapter 9 of Division III of the Business and Professions Code to perform work as specified in
the Specifications.
2.400 PROPOSAL FORM
Prospective bidders are furnished with one proposal form included in the specifications.
A. The proposal must be signed with the full name and address of the bidder, by an authorized
representative of the company.
B. The purchaser reserves the right to accept other than the lowest bid or to reject any or all
bids.
HAUSMADMIMSPEMTREETRI W MAY 27. 1997
SECTION 2
INFORMATION TO BIDDERS
2.500 REJECTION OF PROPOSALS
Bids may be rejected if they show any alterations of proposal form, additions not called for, or
alternative bids not properly documented. Bids proposing equipment with which the City has no
prior in-service experience may be rejected. Erasures or irregularities of any kind may also be
cause for rejection.
2.600 BIDDERS GUARANTEE
All bids shall be presented under sealed cover and shall be accompanied by cash, cashier's check,
certified check, or bidder's bond, made payable to the City of Lodi, for an amount equal to $2,500,
and no bid shall be considered unless such cash, cashier's check, certified check or bidder's bond
is enclosed therewith.
All bidder's guarantees will be returned to the respective bidders after the contract has been
awarded, except for those bid guarantees of bidders who may be given further consideration if the
low bidder does not elect to execute the contract. After the award, if the Contractor awarded the
bid does not execute the contract, the bidder's guarantee will be forfeited. All bidder guarantees
of unsuccessful bidders will be returned upon receiving the executed contract.
2.700 BIDDERS RESPONSIBILITY FOR SUBCONTRACTORS
Any subcontractor doing work in excess of one-half of one percent (112%) of the total contract price
shall be designed on the form provided in accordance with section 4100, et, seq., of the
Government Code.
Bidder shall be fully responsible for all work of subcontractors, and shall be liable for any failure or
omissions to comply with the specifications for this equipment.
2.800 AWARD OF CONTRACT
A. The award of the contract, if it be awarded, will be to the lowest responsible bidder whose
bid proposal complies with all the requirements described herein.
B. In evaluating the bids and determining lowest total to the City, the City will consider the
Sales Tax Credit in the amount of one percent (1 %) of the purchase price of the equipment,
which is rebated to the City of Lodi when such purchase is consummated at the retailer's
place of business and such business:
1. Is located within the City of Lodi;
Fl:\USEWADNI1N\SPECSITREETRIM MAY 27. 1997
SECTION 2
INFORMATION TO BIDDERS
2. Is licensed by the California State Board of Equalization to collect sales tax at the
local place of business;
3. Maintains a valid City of Lodi Business License.
C. Where alternative bids are received, the City Council reserves the right to select the bid
most advantageous to the City. The award, if made, will be made within thirty days after
opening of the bids.
D. In case of tie bids, consideration will given to bids as described in "Award of Bid", paragraph
B, above. If that section does not apply to resolution of the tie, the tie will be broken by a
coin toss, conducted by the City Purchasing Officer. Tie bidders will be notified and may
be present.
2.900 EXECUTION OF CONTRACT
The contract shall be signed by the successful Bidder and returned, together with the contract
bond, within ten (10) working days, after the Bidder has received notice that the contract has been
awarded. No proposal shall be considered binding upon the City until the execution of the contract.
Failure to execute a contract and file an acceptable bond as provided herein within ten (10) working
days, after the Bidder has received notice that the contract has been awarded shall be just cause
for the annulment of the award and the forfeiture of the bidder's deposit.
2.1000 CONTRACT BONDS
The Contractor shall furnish one good and sufficient faithful performance bond in the amount equal
to $20,000.
This bond will be required at the time the signed contract is returned to the City.
2.1100 NOTIFICATION OF SURETY COMPANIES
The surety companies shall familiarize themselves with all the provisions and conditions o 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 to City o Lodi or its authorized agents under the terms of the contract;
and failure to so notify the surety companies o such changes shall in no way relieve the surety o
sureties of their obligations under this contract.
H:1.USER\ADM4v\S?I:CS\TREETR1141 MAY 27. (997
SECTION 2
INFORMATION TO BIDDERS
2.1200 INSURANCE CERTIFICATE
The Contractor shall furnish a certificate of insurance to the City of Lodi in accordance with Section
5.413 "Public Liability and Property Damage Insurance" and Section 5.414 `Compensation
Insurance" of the General Provisions at the time the signed contract is returned to the City.
2.1300 WORKER'S COMPENSATION INSURANCE
The Contractor shall carry full Worker's Compensation Insurance coverage for all persons
employed in carrying out the work, including subcontractor's employees, under this contract in
accordance with the "Worker's Compensation and Insurance Act", Division IV of the Labor Code
of the State of California and any acts amendatory thereof.
2.1400 BID EVALUATION
The lowest responsible bidder will be determined, as follows:
A. Contract price fr bid evaluation purposes will be 90% of the hourly bid price for a
"Backyard Crew" plus 35% of the hourly bid price for a "Street Crew". Note, the
crew bid price to be all inclusive, i.e., labor, overheads, supervision, equipment,
disposal costs, fees, licenses, etc., all to be included;
And Consideration Given To
B. the ability, capacity, skill, character, integrity, reputation, experience and efficiency
of the bidder;
And
C. the quality and condition of the equipment and tools to be provided by the bidder.
Note: The total bid amount, as used in determining involvement of subcontractor(s) shall be 90%
of the "Backyard Crew" hourly bid rates times 2080 plus 35% of the "Street Crew" hourly bid rate
times 2080.
2.1500 REFERENCES
The bidder shall submit with his/her bid at least three (3) references indicating contact people in
other electric utilities for whom the bidder has performed line clearing work within the past two (2)
years.
FI:IUSER\ADM(N\SPECS\TREETRitit MAY 27. 1997
SECTION 2
INFORMATION TO BIDDERS
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 through fiscal year 1997-98, i.e., through June 30,
1998. This agreement may be renewed at City's option on a year-to-year basis for a maximum of
three (3) additional years. Prices shall be mutually agreed upon prior to such renewal or
extensions. The maximum escalation/de-escalation in contract price beginning with and in effect
through a fiscal year period shall be the percentage increase/decrease in salary obtained by the
electric unit represented by IBEW in the preceding fiscal year.
2.1800 DRIVERS LICENSE
All crew members 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
For crew safety and personal appearance to the public, crew members shall wear clothing and
footwear appropriate for the work being performed. There shall be no sneakers or other soft
footwear worn on the job site. Clothing shall be clean and free of tears and holes.
F1:1USER\ADM1MSPECSITREETRIM MAY 27, 1997
SECTION 5
GENERAL PROVISIONS
CITY OF LODI, CALIFORNIA
TO: The Lodi City Council
Lodi City Hall Annex
212 West Pine Street
P.O. Box 3006
Lodi CA 95241-1910
The undersigned, as bidder, declares to have carefully examined the Notice Inviting Bids,
Information to Bidders and Specifications filed for furnishing and delivering this equipment, and
agrees to be fully informed regarding all of the conditions affecting the equipment to be furnished
for the completion of the order, and that the information was secured by personal investigation and
research and not from any estimate of a City engineer; and that no claim will be made against the
City by reason of estimates, test or representations of any officer or agent of the City; and proposes
and agrees if the proposal be accepted, to furnish the City of Lodi the necessary equipment
specified in the bid, in the manner and time therein set forth. It has been noted the City of Lodi
reserves the right to accept all or part of this bid, to reject any or all bids, or to accept other than
the lowest bid.
The item listed below is to be in accordance with the City of Lodi specifications attached hereto.
The bidder will submit a detailed list of any and all exceptions taken to these specifications by either
listing those exceptions in the space provided on the said specifications attached or, when such
space is inadequate, by listing those exceptions on a separate paper by item in the same order of
the City's specifications. In the absence of such a list, it will be understood that the bidder's
proposal is based on strict conformance to the specifications in all respects. If exceptions are
taken, they will be cleared before the award is made.
If awarded the contract, the undersigned agrees to furnish and deliver the equipment described in
the specifications and to take in full payment therefor the following unit and total prices, to -wit:
Ii:`.USER\AD�,tiN\SPECSITREE"rRlNI MAY 27, 1997
SECTION 5
GENERAL PROVISIONS
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 Backyard Crew * $
1 Street Crew * $
* Including labor, overheads, supervision, equipment, disposal costs, fees, licenses, etc.
The following bid items will be used to compensate for emergency after-hours work and to evaluate
"Downtime".
UNIT
DESCRIPTION
PRICE PER HOUR
STRAIGHT TIME
1
Helper/Groundman
$
/ hr.
1
Tree Trimmer
$
/ hr.
1
Crew Leader
$
/ hr.
1
Chipper
$
/ hr.
1
Dump Truck
$
/ hr.
1
Aerial boom with dump truck
$
/ hr.
Percent to be added to above
labor rates for overhead
%
Percent to be added to above
labor rates for overtime
including overhead
%
H:�.USERUDMIN\SPECSITREE"TRIM MAY 27, 1997
SECTION 5
GENERAL PROVISIONS
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.
All bidder's guarantees will be returned to the respective bidders after the contract has been
awarded, except for those bid guarantees of bidders who may be given further consideration if the
low bidder does not elect to execute the contract. After the award, if the Contractor awarded the
bid does not execute the contract, the bidder's guarantee will be forfeited. All bidder guarantees
of unsuccessful bidders will be returned upon receiving the executed contract. Accompanying this
Bid Proposal is (insert the words "Cash,
Certified Check, Cashier's Check or Bidder's Bond", as the case may be) payable to the City of
Lodi in the amount of $2,500 which is to be deposited with the City of Lodi as required.
The undersigned further agrees that in case of default in executing the required contract, together
with the necessary bonds, within ten (10) working days after receiving the contract for signature,
the proceeds of the deposit accompanying the bid shall become the property of the City of Lodi,
California, and this Bid Proposal and the acceptance thereof may be considered null and void.
However, if the undersigned shall execute the contract and furnish the bond required within the
time aforesaid, the deposit shall be returned forthwith.
It is understood that no verbal agreement or conversation with any officer, agent or employee of
the City, either before or after the execution of the Contract, shall affect or modify any of the terms
or obligations of this Bid Proposal.
The undersigned declares that the only person or persons interested in this proposal as principal
or principals is or are the undersigned, and that no person other than the undersigned has any
interest in this Bid Proposal or in the contract proposed to be taken; that this proposal is made
without any connection with any other person or persons making a bid or proposal for the same
purpose; that the proposal is in all respects fair and in good faith and without collusion or fraud; that
no City Officer, either elected or appointed, and no City Employee is, shall be or become directly
or indirectly interested as principal or principals in this Bid Proposal or in the contract proposed to
be made, or in the supplies, work or business to which it relates or in any portions of the profits
thereof.
FI `,USER\ADMIN\SPECS\TREETRIM MAY 27, 1997
SECTION 5
GENERAL PROVISIONS
The following information is furnished relative to each subcontractor who will perform work or labor
or render services to the undersigned in and about the construction of the project in an amount in
excess of one-half of one percent (1/2%) of the total amount of this bid. The undersigned agrees
that any portions of the work in excess of one-half of one percent (1/2%) of the total amount of this
bid and for which no subcontractor is designed herein, will be performed by the undersigned.
Name of Subcontractor Address Description of Work
The Undersigned is licensed in accordance with the laws of the State of California, License No.
, Classification
Federal Contractor/Employer I.D. No.
Dated: 19
NAME OF COMPANY
DATE
BY (Print Name)
ADDRESS
CITY, STATE, ZIP
PHONE NUMBER
AUTHORIZED SIGNATURE
TITLE
HAUSER\ADM1N\SPECSITREETRIM MAY 27, 1997
SECTION 5
GENERAL PROVISIONS
CITY OF LODI, CALIFORNIA
THIS CONTRACT made on , 1997 by and between the City of Lodi,
State of California, herein referred to as the "City", and ,
herein referred to as the "Contractor".
WITNESSETH:
That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and
agree with each other, as follows:
The complete Contract consists of the following documents which are incorporated herein by this
reference, to -wit:
Notice Inviting Bids
Information to Bidders
General Provisions
Special Provisions
Bid Proposal
Contract
Contract Bond
The 1997 Edition
Standard Specifications,
State of California
Department of Transportation
Agency
Department of Transportation
All of the above documents, sometimes hereinafter referred to as the "Contract documents," are
intended to cooperate so that any work called for in one and not mentioned in the other is to be
executed the same as if mentioned in all said documents.
ARTICLE I - That for and in consideration of the payments and agreements hereinafter mentioned,
to be made and performed by the City and under the condition expressed in the bond bearing even
date with these present and hereunto annexed, and Contractor agrees with City, at Contractor's cost
and expense, to furnish all labor, equipment and disposal necessary to perform and services (line
clearing) in a good workmanlike manner and to the satisfaction of the City as shown and describe
in the Contract Documents which are hereby made a part of the Contract.
ARTICLE II - The City hereby promises and agrees with the Contractor to employ, and does hereby
employ, the Contractor to provide all services and to do the work according to the terns and
conditions for the price herein, and hereby contracts to pay the same as set forth in Section 5.600,
"Measurement, Acceptance and Payment," of the General Provisions, in the manner and upon the
conditions above set forth; and the said parties for themselves, their heirs, executors, administrators,
successors and assigns, do hereby agree to the full performance of the covenants herein contained.
WT SEWAD M INSPEC S',TRE ETRIM
SECTION 5
GENERAL PROVISIONS
ARTICLE III - And the Contractor agrees to receive and accept the following prices as full
compensation for furnishing all the work contemplated and embraced in this agreement; also for all
loss or damage arising out of the nature of the work aforesaid or from the action of the elements, or
from any unforeseen difficulties or obstructions which may arise or be encountered in the
prosecution of the work until it acceptance by the City, and for all risks of every description
connected with the work; also for all expenses incurred by or in consequence of the suspension of
discontinuance of work and for well and faithfully completing the work, and the whole thereof, in
the manner and according to the Contract Documents and the requirements of the Electric Utility
Director under them, to -wit:
H:'• USMADM1XSPECS\TREETRIM
SECTION 5
GENERAL PROVISIONS
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 Backyard Crew ' $
1 Street Crew " $
" Including labor, overheads, supervision, equipment, disposal costs, fees, licenses, etc.
The following bid items will be used to compensate for emergency after-hours work and to evaluate
"Downtime".
UNIT
DESCRIPTION
PRICE PER HOUR
STRAIGHT TIME
1
Helper/Groundman
$
/ hr.
1
Tree Trimmer
$
/ hr.
1
Crew Leader
$
/ hr.
1
Chipper
$
/ hr.
1
Dump Truck
$
/ hr.
1
Aerial boom with dump truck
$
! hr.
Percent to be added to above
labor rates for overhead
%
Percent to be added to above
labor rates for overtime
including overhead
%
li:\USER\ADMIN\SPECS\TREETRIN1 MAY 27. 1997
SECTION 5
GENERAL PROVISIONS
ARTICLE IV - By my signature hereunder, as Contractor, I certify that I am aware of the provisions
of Section 3700 of the Labor Code, which requires every employer to be insured against liability for
workmen's compensation or to undertake self-insurance in accordance with the provisions of that
code, and I will comply with such provisions before commencing the performance of the work of
this Contract.
ARTICLE V - It is further expressly agreed by and between the parties hereto that, should there be
any conflict between the terms of this instrument and the Bid Proposal of the Contractor, then this
instrument shall control and nothing herein shall be considered as an acceptance of the said terms
of said proposal conflicting herewith.
ARTICLE VI - The Contractor agrees to commence work pursuant to this contract on July 1, 1997
conditioned on approval of the 1997-98 fiscal year budget by that date or within (10) working days
after approval of the budget, should it not be approved by July 1, 1997.
H \USER\ADMIN\SPECS`•TREETRIM
SECTION 5
GENERAL PROVISIONS
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
H. Dixon Flynn, City Manager Date
ATTEST:
Alice M. Reimche, Acting City Clerk Date
APPROVED AS TO FORM:
Randall A. Hays, City Attorney Date
CONTRACTOR
Name
Date
H:1US ER\ADM IMS PECS\TRE ETR[M
SECTION 5
GENERAL PROVISIONS
5.100 SCOPE OF WORK
5.101 WORK TO BE DONE
The work to be done consists of furnishing all labor, materials, methods and processes, implements,
tools and machinery, except as otherwise specified, which are necessary and required to construct
and complete the work designated in these specifications and to leave the grounds in a neat
condition.
5.102 ALTERATIONS
By mutual consent in writing of the parties signatory to the contract, alterations or deviations,
increases or decreases, and additions or omissions in the specifications may be made and the same
shall in no way affect or make void the contract.
The City of Lodi reserves the right to increase or decrease the quantity of any item or portion of the
work, or to omit portions of the work as may be deemed necessary or expedient by the Electric
Utility Director.
5.103 DELETED
5.104 CLEANING UP
The Contractor shall not allow the site of the work to become littered with trash and waste material,
but shall maintain the same in a neat and orderly condition throughout he construction period. The
Electric Utility Director shall have the right to determine what is or is not waste material or rubbish
ad the place and manner of disposal.
The Contractor shall remove ad dispose of all trees designated by the Electric Utility Director as
obstructions to the proper completion of the work.
Upon completion and before making application for final acceptance of the work, the Contractor
shall clean the street or road, borrow pits, and all ground occupied by Contractor in connection with
the work of all rubbish, excess materials, temporary structures, and equipment; and all parts of the
work shall be left in a neat an 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
acceptability or materials furnished and work performed, and as to the manner of performance and
rate of progress of the work; all questions which arise as to to interpretation of the plans and
specifications; all questions as to the acceptable fulfillment of the contract on the part of the
Contractor; and all questions as to claim and compensation.
tl:`.USER\ADMIN`,SPEC S\TREETRIM
SECTION 5
GENERAL PROVISIONS
The Electric Utility Director's decision shall be final. The Electric Utility Director shall have
executive authority to enforce and make effective such decisions and orders as the Contractor fails
to carry out promptly.
5.202 DELETED
5.203 DELETED
5.204 COORDINATION OF SPECIFICATIONS
The specifications including all supplementary documents are essential parts of the contract and a
requirement occurring in one is as binding as though occurring in all. They are intended to be
cooperative, to describe, and to provide for a complete work.
Special Provisions shall govern over General Provisions.
5.204 INTERPRETATION OF SPECIFICATIONS
Should it appear that the work to be done, or any matter relative thereto, is not sufficiently detailed
or explained in the specifications, the Contractor shall apply to the Electric Utility Director for such
further explanations as may be necessary, and shall conform to such explanation or interpretation
as part of the contract so far as may be consistent with the intent of the original specifications. In
the event of doubt or question relative to the true meaning of he contract documents, reference shall
be made to the Electric Utility Director, whose decision thereon shall be final.
5.206 ORDER OF WORK
When required by the Special Provisions, the Contractor shall follow the sequence of operations as
set forth therein.
Full compensation for conforming with such requirements will be considered as included in the
prices paid for the various contract items of work, and no additional compensation will be allowed
therefor.
5.207 SPECIFICATIONS ON JOB SITE
A complete, approved set of specifications and change orders shall be kept on the job site and
available at all times. Nonavailability shall be deemed a cause for temporary suspension of work.
5.208 SUPERINTENDENCE
Before starting work, the Contractor shall designate in writing an authorized representative who shall
have the authority to represent and act for the Contractor, and shall be a certified Arborist.
Said authorized representative shall be present at the site of the work at all times while work is
actually in progress on the contract. When work is not in progress and during periods when work
is suspended, arrangements acceptable to the Electric Utility Director shall be made for any
emergency work which may be required.
H:TSETADM1M.SPECS' TREETRIM
SECTION 5
GENERAL PROVISIONS
Whenever the Contractor of Contractor's authorized representative is not present on any particular
part of the work where it may be desired to give direction, orders will be given by the Electric Utility
Director, which shall be received and obeyed by the superintendent or supervisor who may have
charge of the particular work in reference to which the orders are given.
Any order given by the Electric Utility Director not otherwise required by the specifications to be
in writing, will, on request of the Contractor, be given or confirmed in writing.
5.209 DELETED
5.210 INSPECTION
The Electric Utility Director shall at all times have access to the work during its construction, and
shall be furnished with every reasonable facility or ascertaining the workmanship is in accordance
with the requirements and intentions of the specifications and the General Provisions. All work done
and services furnished shall be subject to the Electric Utility Director's inspection.
Whenever the Contractor varies the period during which work is carried on each day, due notices
shall be given to the Electric Utility Director so that proper inspection may be provided.
The inspection of the work shall not relieve the Contractor of any obligations to fulfill the contract
as prescribed. Work not meeting such requirements shall be made good, and unsuitable work may
be rejected, notwithstanding that such work have been previously inspected by the Electric Utility
Director or that payment therefor has been included in a progress estimate.
5.211 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK
All work which is defective or deficient in any of the requirements of these specifications shall be
remedied, or removed and replaced by the Contractor in an acceptable manner, and no compensation
will be allowed for such correction.
Upon failure on the part of the Contractor to comply forthwith any order of the Electric Utility
Director made under the provisions of this section, the Electric Utility Director shall have authority
to cause defective work to be remedied, or removed and replaced, and unauthorized work to be
removed and to deduct the costs thereof from any moneys due to become due to the Contractor.
5.212 FINAL INSPECTION
Whenever the work provided and contemplated by the Contract shall have been satisfactorily
completed and the final cleaning up performed, and the Electric Utility Director notified in writing,
the Electric Utility Director will make the final inspection.
5.300 DELETED
5.400 LEGAL RELATIONS AND RESPONSIBILITIES
H:IUSER`.ADM IMS PECS',TREETRIM
SECTION 5
GENERAL PROVISIONS
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 he City of Lodi which in any manner affect
those engaged or employed in the work, or which in any way affect he 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 Labor Code which reads as follows:
1735. No discrimination shall be made in the employment of persons upon public works because
of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition,
marital status, or sex of such persons, except as provided in Section 1420, and every Contractor for
public works violating this section is subject to all the penalties imposed for a violation of this
chapter.
5.403 PERMITS AND LICENSES
Except as otherwise provided, the Contractor shall procure all permits and licenses, pay all charges
and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work.
5.404 CONTRACTOR'S LICENSING LAWS
Attention is directed to the provisions of Chapter 9 of Division 3 of the Business and Professions
Code concerning the licensing of contractors.
All bidders and contractors shall be licensed in accordance with the laws of the State of California
and any bidder or contractor not so licensed is subject to the penalties imposed by such laws.
5.405 PATENTS
The Contractor shall assume all responsibilities arising from the use of patented materials,
equipment, devices or processes used on or incorporated in the work.
5.406 SAFETY PROVISIONS
The Contractor shall conform to the rules and regulations pertaining to safety established by the
California Division of Industrial Safety.
5.407 PUBLIC CONVENIENCE AND SAFETY
The Contractor shall so conduct the operation as to cause the least possible obstruction and
inconvenience to public traffic. Unless other existing streets are stipulated in the Special Provisions
to be used as detours, all traffic shall be pennitted 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 Cit Engineer.
H.:TSEWADM IN SPECS,.TREETRIM
SECTION 5
GENERAL PROVISIONS
The Contractor shall furnish, erect and maintain such fences, barriers, lights, signs and flag persons
as are necessary to give adequate warning to the public at all times that the road or street is
obstructed and of any dangerous conditions to be encountered as a result thereof, and shall also erect
and maintain such warning and directional signs as may be furnished by the City.
Signs, lights, flags and other warning and safety devices shall conform to the requirements set forth
in the current "Manual of Warning Signs, Lights and Devices for use in Performance of Work upon
Highways," issued by the State of California Department of Transportation. Copies of this manual
are on file with the City of Lodi Public Works Department.
No material or equipment shall be stored where it will interfere with the free and safe passage of
public traffic, and at the end of each day's work and at other times when operations are suspended
for any reason, the Contractor shall remove all equipment and other obstructions from that portion
of the roadway open for use by public traffic.
Full compensation for doing the above-mentioned work shall be included in the price paid for the
various contract items of work, and no additional compensation will be allowed therefor.
5.408 PRESERVATION OF PROPERTY
Due care shall be exercised to avoid injury to existing improvements or facilities, utility facilities
and adjacent property, and trees, shrubs and other plants that are not to be trimmed and / or removed.
Trees, shrubs and other plants that are not to be trimmed or removed, and pole lines, fences, signs,
markers and monuments, buildings and structures, and any other above ground improvements or
facilities and all underground facilities shown on the plans or brought to the Contractor's attention
during the contract, within or adjacent to the highway, shall be protected from injury or damage; and
if ordered by the Electric Utility Director, the Contractor shall provide and install suitable
safeguards, approved by the Electric Utility Director, to protect such objects from injury of damage.
Such objects injured or damaged by reason of the Contractor's operations shall be replaced or
restored to a condition as good as when the Contractor entered upon the work, or as good as required
by the specifications accompanying the contract. The Electric Utility Director may make or cause
to be made such temporary repairs as are necessary to restore to service any damaged facility. The
cost of such repairs shall be borne by the Contractor under the contract.
Full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing
all the work involved in protecting or repairing property as specified in this section, shall be
considered as included in the prices paid for the various contract items of work, and no additional
compensation will be allowed therefor.
H9USEW ADMIN•SPECS:TREETRIM
SECTION 5
GENERAL PROVISIONS
5.409 RESPONSIBILITY FOR DAMAGE
The City of Lodi, the City Council, all officers and employees or agent shall not be answerable or
accountable in any manner for any loss or damage that may happen to the work or any part thereof;
or for any material or equipment used in performing the work; or for injury or damage to any person
or persons, either work personnel or the public; for damage to adjoining property from any cause
whatsoever during the progress of the work or any time before final acceptance.
The Contractor shall indemnify and hold harmless the City of Lodi, the City Council, all officers and
employees or agent from any suits, claims or actions brought by any person or persons for or on
account of any injuries or damages sustained or arising in the construction of the work or in
consequence thereof. The City Council may retain as much of the money due the Contractor as shall
be considered necessary until disposition has been made of such suits or claims for damages as
aforesaid.
5.410 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 of rom any other cause, whether arising from the execution
or from the nonexecution of the work.
The Contractor shall rebuild, repair, restore and make good all injuries or damages to any
portion of the work occasioned by any of the above causes before final acceptance and shall
bear the expenses thereof, except such injuries or damages occasioned by acts of the Federal
Government or the public enemy.
5.411 NO PERSONAL LIABILITY Neither the City Council, the Electric Utility Director,
nor any other officer or authorized assistant or agent or employee shall be personally responsible for
any liability arising under the contract.
5.412 RESPONSIBILITY OF CITY The City of Lodi shall not be held responsible for the
care or protection of any material or parts of the work prior to final acceptance, except as expressly
provided in these specifications.
5.413 Insurance Requirements for Contractor The Contractor shall take out and maintain
during the life of this contract, insurance coverage as listed below. These insurance policies shall
protect the Contractor and any subcontractor performing work covered by this contract from claims
for damages for personal injury, including accidental death, as well as from claims for property
damages, which may arise from Contractor's operations under this contract, whether such operations
be by Contractor or by any subcontractor or by anyone directly or indirectly employed by either of
them, and the amount of such insurance shall be as follows:
W USER ADMIMSPECS\TREETRIM
SECTION 5
GENERAL PROVISIONS
4. COMPREHENSIVE GENERAL LIABILITY
$1,000,000 Bodily Injury - Ea. Occurrence/Aggregate
$1,000,000 Property Damage - Ea. Occurrence/Aggregate
or
$1,000,000 Combined Single Limits
COMPREHENSIVE AUTOMOBILE LIABILITY
$1,000,000 Bodily Injury - Ea. Person
$1,000,000 Bodily Injury -Ea. Occurrence
$1,000,000 Property Damage - Ea. Occurrence
or
$1,000,000 Combined Single Limits
A copy of the certificate of insurance with the following endorsements shall be furnished to the City:
(a) Additional Named Insured Endorsement
Such insurance as is afforded by this policy shall also apply to the City of Lodi, its elected
and appointed Boards, Commissions, Officers, Agents and Employees as additional named
insureds insofar as work performed by the insured under written contract with the City of
Lodi. This endorsement shall be on the form furnished by the City.
(b) Primary Insurance Endorsement
Such insurance as is afforded by the endorsement for the Additional Insureds shall apply as
primary insurance. Any other insurance maintained by the City of Lodi or its officers and
employees shall be excess only and not contributing with the insurance afforded by this
endorsement.
(c) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of more
than one insured shall not operate to increase the limit of the company's liability.
H +USEKADMIINSPECSIREETRIM
SECTION 5
GENERAL PROVISIONS
(d) Notice of Cancellation or Change in Coverage Endorsement
This policy may not be cancelled nor the coverage reduced by the company without 30 days
prior written notice of such cancellation or reduction in coverage to the City Attorney, City
of Lodi, P.O. Box 3006, Lodi, CA 95241-1910.
5.414 COMPENSATION INSURANCE The Contractor shall takeout and maintain during
the life of this contract, Worker's Compensation Insurance for all of Contractor's employees
employed at the site of the project and, if any work is sublet, Contractor shall require the
subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees
unless such employees are covered by the protection afforded by the Contractor. In case any class
of employees engaged in hazardous work under this contract at the site of the project is not protected
under the Worker's Compensation Statute, the Contractor shall provide and shall cause each
subcontractor to provide insurance for the protection of said employees. This policy may not be
cancelled nor the coverage reduced by the company without 30 days prior written notice of such
cancellation or reduction in coverage to the City Attorney, City of Lodi, P. O. Box 3006, Lodi, CA
95241-1910.
5.415 GUARANTEE AND WARRANTY (MODIFIED) If, in the opinion of the Electric
Utility Director, defective work creates a dangerous condition or requires immediate correction or
attention to prevent further loss to the City or to prevent interruption of operations of the City, the
City will attempt to give the notice required. If the Contractor cannot be contacted or does not
comply with the Electric Utility Director's request for correction within a reasonable time as
determined by the Electric Utility Director, the City may, notwithstanding the provisions of this
section, proceed to make such correction or provide such attention and the costs of such correction
or attention shall be charged against the Contractor. Such action by the City will not relieve the
Contractor of the guarantees provided in this section or elsewhere in the contract.
This section does not in any way limit the guarantee on any items for which longer guarantee is
specified nor on any items for which a manufacturer gives a guarantee for a longer period, not does
it limit other remedies of the City in respect to latent defects, fraud or implied warranties.
5.416 COOPERATION Should construction be underway by other agencies or by other
contractors within or adjacent to the limits for the work specified, or should work of any other nature
by underway by other forces within or adjacent to said limits, the Contractor shall schedule and
coordinate the work with the other contractors and agencies so there is the least amount of conflict
during all phases of construction. The Contractor is also responsible for making all necessary
agreements with other contractors as required during construction.
5.500 PROSECUTION AND PROGRESS
11'.USER',ADMINSPECSITREETRIM
SECTION 5
GENERAL PROVISIONS
5.501 SUBCONTRACTING The Contractor shall give personal attention to the fulfillment
of the contract and shall keep the work under control.
Subcontractor will not be recognized as such and all persons engaged in the work of construction
will be considered as employees of the Contractor, and their work shall be subject to the provisions
of the contract and specifications.
Where a portion of the work subcontracted by the Contractor is not being prosecuted in a manner
satisfactory to the Electric Utility Director, the subcontractor shall be removed immediately on the
requisition of the Electric Utility Director and shall not again be employed on the work.
x.502 ASSIGNMENT The performance of the contract may not be assigned, except upon
written consent of the City. Consent will not be given to any proposed assignment which would
relieve the original Contractor or Contractor's surety of their responsibilities under the contract, nor
will the City consent to any assignment of a part of the work under the contract.
5.503 (DELETED)
5.504 (DELETED)
5.505 CHARACTER OF WORK PERSONNEL If any subcontractor or person employed
by the Contractor fails or refuses to carry out the directions of the Electric Utility Director or appears
to the Electric Utility Director to be incompetent or to act in a disorderly or improper manner, that
person shall be discharged immediately on the requisition of the Electric Utility Director, and such
person shall not again be employed on the work.
5.506 TEMPORARY SUSPENSION OF WORK The Electric Utility Director shall have the
authority to suspend the work wholly or in part, for such period as Electric Utility Director may
deem necessary, due to unsuitable weather or to such other conditions as are considered unfavorable
for the suitable prosecution of the work, or for such time as the Electric Utility Director may deem
necessary, due to the failure on the part of the Contractor to carry our orders given, or to perform any
provisions of the contract. The Contractor shall immediately obey such order of the Electric Utility
Director and shall not resume the work until ordered in writing by the Electric Utility Director.
In the event that suspension of work is ordered as provided above, and should such suspension be
ordered by reason of the failure of the Contractor to carry our orders or to perform any provision of
the contract; or by reason of weather conditions being unsuitable for performing any item or items
of work which, in the sole opinion of the Electric Utility Director could have been performed prior
to the occurrence of such unsuitable weather conditions had the Contractor diligently prosecuted the
work when weather conditions were suitable; the Contractor, at Contractor's expense, shall do all
the work necessary to provide a safe, smooth and unobstructed passageway through construction for
use by public traffic during the period of such suspension as provided in Section 7-1.08, "Public
Convenience," and 7-1.09, "Public Safety," of the Standard Specifications, and as provided in the
F[: USERADM1N,SPECS',TREETR[M
SECTION 5
GENERAL PROVISIONS
Contract Specifications. In the event that the Contractor fails to perform the work above specified,
the City may perform such work and the cost thereof will be deducted from moneys due or to
become due the Contractor.
5.507 (DELETED)
5.508 TERMINATION OF CONTRACT Failure to prosecute the work diligently is grounds
for termination of the Contractor's control over the work by the City of Lodi as provided in Section
14394 of the Government code of the State of California.
5.509 RIGHT -OF WAY The necessary rights-of-way and easements for the work will be
provided by the City of Lodi. The Contractor shall make arrangements and pay all expenses for
additional area required by Contractor outside of the limits of right-of-way, unless otherwise
provided in the special Provisions.
5.600 MEASUREMENT, ACCEPTANCE AND PAYMENT
5.601 PAYMENT The City of Lodi shall pay the Contractor monthly upon presentation of
invoice delineating all work performed the previous month. Payment for work performed the last
month of this contract will be made per Section 5.603 and 5.606.
5.602 SUBSTITUTION OF SECURITIES FOR WITHHELD AMOUNT Pursuant to
Chapter 13 (commencing with Section 4590), Division 5, Title 1 of the government Code of the
State of California, securities may be substituted for any moneys withheld by a public agency to
ensure performance under a contract. At the request and expense of the Contractor, securities
equivalent to t he amount withheld shall be deposited with the public agency, or with a state or
federally chartered bank as the escrow agent, who shall pay such moneys to the Contractor upon
satisfactory completion of the contract.
5.603 FINAL ACCEPTANCE OF THE WORK The Contractor will notify the Electric
Utility Director in writing of the completion. The Electric Utility Director will check as to the actual
completion, and when satisfied will recommend acceptance to the City Council. The date of
completion will be the date of acceptance of the work by the City Council.
5.604 (DELETED)
5.605 CLAIMS FOR DAMAGES If the Contractor shall claim compensation for any damage
sustained by reason of the acts of the City or its agents, Contractor shall, within five days after
sustaining of such damage make to the Electric Utility Director a written statement of the damage
sustained. On or before the fifteenth day of the month succeeding that in which any such damage
shall have been sustained, the Contractor shall file with the Electric Utility Director an itemized
statement of the details and amount of such damage, and unless such statement shall be made as thus
required, claims for compensation shall be forfeited and invalidated and Contractor shall not be
entitled to consideration of payment on account of any such damage.
H:. US ERIA D M IN',SPECS''.TREETRIM
SECTION 5
GENERAL PROVISIONS
5.606 FINAL PAYMENT The Electric Utility Director shall, after the satisfactory completion
of the contract, make a final estimate of the amount of work done thereunder, and the value of such
work, and the City of Lodi shall pay the entire sum so found to be due after deducting therefrom all
previous payments and all amounts to be kept and all amounts to be retained under the provisions
of the contract. All prior partial estimates and payments shall be subject to correction in the final
estimate and payment. The final payment shall not be due and payable until the expiration of 30
days after filing of notice of completion provided no liens have been filed.
It is mutually agreed between the parties to the contract that any payments made under the contract,
except the final payment, shall not be conclusive evidence of the performance of the contract, either
wholly or in part, against any claim of the City of Lodi, and no payment shall be construed to be an
acceptance of any defective work or improper materials.
And the Contractor further agrees that the payment of the final amount due under the contract, and
the adjustment and payment for any work done in accordance with any alterations of the same, shall
release the City of Lodi, the City Council, and all officers and employees from any and all claims
or liability on account of work performed under the contract of any alteration thereof.
5.700 STANDARD SPECIFICATIONS
The work embraced herein shall be done in accordance with the appropriate provisions of
construction details of the specifications entitled, "State of California, Business and Transportation
Agency, Department of Transportation, Standard Specifications, July 1992," insofar as the same may
apply, which specifications are hereinafter referred to as the Standard Specifications and in
accordance with the following Special Provisions.
Whenever in the contract documents or the Standard Specifications the 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.
El:' USER+.ADtitIN.SPECSITREETRIM
SECTION 6
SPECIAL PROVISIONS
6.01 DESCRIPTION OF WORK The work consists of line clearing (tree trimming) for
subtransmission, distribution and secondary circuits including overhead services within city limits
at the direction of the Electric Utility Director. Distribution circuits shall be cleared a minimum of
six (6) feet. This agreement may be renewed at City's option on a year-to-year basis for a maximum
of three (3) additional years. Prices shall be mutually agreed upon to such renewal or extension (see
Section 2.1700 for detail).
6.02 CONTROL OF MATERIAL
a. Wood Wood shall be cut into lengths easily manageable by one person in order to
prevent injury when lifting.
b. Residents Right to Wood The resident on whose property the tree(s) is growing
shall have first choice over any wood collected from such trees.
Disposal Contractor to dispose of all material generated as a result of work
performed, provided conditions described in 6.01 (b) do not apply.
Disposal of material shall be at the "California Waste Removal Systems" transfer
station located at Turner Road and Cluff Avenue and/or at any other disposal site
within a total driving time (to and from) not to exceed % hour as measured from city
limits if outside the city and to the exclusive approval of the Electric Utility Director.
All fees associated with disposal shall be bome by the Contractor. Weigh slip for
each disposal shall be submitted to the Electric Utility Director.
6.03 GUARANTY AND WARRANTY The Contractor shall guaranty and warrant all tools
and equipment supplied as being fit for the purpose intended. The Contractor shall guaranty and
warrant all work performed as having been accomplished in a proper and workmanlike manner.
The City is hereby authorized to perform additional trimming work if the Contractor fails to make
or undertake with due diligence the aforesaid additional trimming work within (10) days after he is
given written notice of such unsatisfactory work provided, however, that in case of emergency
where, in the opinion of the Engineer of Work, providing a reasonable attempt has been made to
notify the Contractor, delay would cause serious loss or damages, or a serious hazard to the public,
the additional trimming may be performed or lights, signs, and barricades erected without prior
notice to the Contractor, and the Contractor shall pay the entire cost thereof. At the completion of
the work, the Faithful Performance Bond may be reduced at the discretion of the Lodi City Council
to not less than ten (10) percent of the contract price to cover said guarantee.
6.04 COORDINATION OF WORK The Contractor shall be responsible for coordinating all
activity with the Electric Utility Director. Scheduled work shall be performed during normal
working hours, 7:00 a.m. to 3:30 p.m., Monday through Friday. The Electric Utility Director shall
H:', U SER'.ADM1MS PEC S'.TREETRI M
SECTION 6
SPECIAL PROVISIONS
have the authority to change the hours to work to meet the needs of the City. Work will be
performed on an as -needed basis as determined by the Electric Utility Director.
6.05 EMERGENCY WORK Emergency call -out work shall be coordinated between
Contractor and Electric Utility Director on a verbal authorization basis. The Electric utility Director
reserves the right to furnish such staff, equipment, tools and materials required as is deemed
expedient, and the contractor shall have no claim for payment on the cost of such items. All
emergency work shall be reported daily upon separate report sheets, furnished to the Electric Utility
Director and signed by both parties. These reports shall thereafter be considered the true record of
emergency work done.
6.06 TEMPORARY SUSPENSION The Contractor shall have the authority to suspend the
work wholly or in part, for such a period as he may deem necessary, due to unsuitable weather or
to such other conditions as are considered unfavorable for the suitable prosecution of the work.
6.07 BEGINNING WORK Contractor shall respond to work requests from the Electric Utility
Director within five (5) days.
6.08 WORK CENTER Contractor shall establish a work center in a centralized location of the
work area as a base for daily operations.
6.09 PARKING The City may, at its option, make available to Contractor arrangements for
parking on City premises, in aid of performance of this contract. Contractor shall hold City harmless
and shall indemnify City for any and all damages arising from or related to such parking
arrangements.
6.10 CREWS AND EQUIPMENT
a. 'Backyard Crew' consisting of crew leader, trimmer and groundman/helper equipped
with chipper, dump truck and incidental power and hand tools.
b. 'Street Crew" consisting of two or tree -person crew per discretion of Contractor and
equipped with chipper, insulated aerial boom with dump body and incidental power
and hand tools.
The successful bidder shall be capable of furnishing two (2) 'Backyard Crews' with all the necessary
tools and equipment for an entire year as well as a 'Street Crew' with all necessary tools and
equipment for an entire year.
6.11 BILLING AND PAYMENT The Contractor shall submit one invoice for payment to the
Electric Utility Director for all work performed during the previous month. The invoice shall
indicate the type of work completed, type of species of the tree(s), quantities, location(s), dates work
accomplished, and crew hours, i.e., 'Backyard Crew' and/or 'Street Crew.' A weekly billing cycle,
to be approved by the Electric Utility Director, may be acceptable.
H: USER ADMIMSPECS7REETRIM
SECTION 6
SPECIAL PROVISIONS
Payment will be made after approval of the invoice by the Electric Utility Director and will be based
on hours worked by either crew configuration times the respective bid prices per hour per crew.
Such payment shall be all inclusive and no additional payment will be made for such items as
supervision, disposal of material, disposal fees, other fees or licenses, etc. Computation of hours
worked shall be computed to the nearest quarter (1/4) hour. Down time as a result of equipment
failure will be subtracted from the above payment and be based on hourly rates quoted for both
equipment and personnel involved.
6.12 TERMINATION OF CONTRACT This contract can be terminated at any time by the
Electric Utiltiy Director at his sole discretion.
6.13 SAFETY American National Standard ANSI 2133.1-1988 for tree care operations -
pruning, trimming, repairing, maintaining, and removing trees, and cutting brush - safety
requirements is made a part of these Standard Tree Trimming Specifications.
6.14 GENERAL OBJECTIVES Prune trees to accomplish the following: to select and
develop permanent scaffold branches that are smaller in diameter than the trunk or branch to which
they are attached, which have vertical spacing from 18 to 48 inches and radial orientation so as not
to overlay on another; to eliminate diseased or damaged growth; to eliminate narrow V-shaped
branch forks that lack strength; to reduce toppling and wind damaged by thinning out crowns; to
maintain growth within space limitations; to maintain a natural appearance; to balance crown with
roots (same instructions are in force when clearing electrical energized lines). Evergreen trees
should be thinned out and shaped when necessary to prevent wind and storm damage. The primary
pruning of deciduous trees should be done during the dormant season. Damaged trees, or those that
constitute health or safety hazards, should be pruned at any time of the year as required. All pruning
cuts should be made to lateral branches or flush with the trunk. Under no circumstance should
"stubbing" ever be performed.
6.15 PRUNING CATEGORIES
a. Thinning and shaping - all trees are to be pruned to follow the natural growth of the
tree.
b. Height reduction - prune top growth to reduce overall height of tree by approximately
20%, but no lower than 15 feet, except where necessary to maintain adequate
clearance from energized lines. Does not include changing the scaffolding structure
of the tree.
6.16 TREE PRUNING AND REMOVAL REQUIREMENTS The instructions defined
herein are the City's standards for clearing of lines and provide details and directions to the
Contractor. The Contractor shall perform the following services in a professional workmanship like
manner consistent with all appropriate rules of safety.
a. Follow the shape suggested by the natural growth habits of each tree species.
H:' USER`,ADMIN,SPECSITREETRIM
SECTION 6
SPECIAL PROVISIONS
Payment will be made after approval of the invoice by the Electric Utility Director and will be based
on hours worked by either crew configuration times the respective bid prices per hour per crew.
Such payment shall be all inclusive and no additional payment will be made for such items as
supervision, disposal of material, disposal fees, other fees or licenses, etc. Computation of hours
worked shall be computed to the nearest quarter (1/4) hour. Down time as a result of equipment
failure will be subtracted from the above payment and be based on hourly rates quoted for both
equipment and personnel involved.
6.12 TERMINATION OF CONTRACT This contract can be terminated at any time by the
Electric Utiltiy Director at his sole discretion.
6.13 SAFETY American National Standard ANSI 2133.1-1988 for tree care operations -
pruning, trimming, repairing, maintaining, and removing trees, and cutting brush - safety
requirements is made a part of these Standard Tree Trimming Specifications.
6.14 GENERAL OBJECTIVES Prune trees to accomplish the following: to select and
develop permanent scaffold branches that are smaller in diameter than the trunk or branch to which
they are attached, which have vertical spacing from 18 to 48 inches and radial orientation so as not
to overlay on another; to eliminate diseased or damaged growth; to eliminate narrow V-shaped
branch forks that lack strength; to reduce toppling and wind damaged by thinning out crowns; to
maintain growth within space limitations; to maintain a natural appearance; to balance crown with
roots (same instructions are in force when clearing electrical energized lines). Evergreen trees
should be thinned out and shaped when necessary to prevent wind and storm damage. The primary
pruning of deciduous trees should be done during the dormant season. Damaged trees, or those that
constitute health or safety hazards, should be pruned at any time of the year as required. All pruning
cuts should be made to lateral branches or flush with the trunk. Under no circumstance should
"stubbing" ever be performed.
6.15 PRUNING CATEGORIES
a. Thinning and shaping - all trees are to be pruned to follow the natural growth of the
tree.
b. Height reduction - prune top growth to reduce overall height of tree by approximately
20%, but no lower than 15 feet, except where necessary to maintain adequate
clearance from energized lines. Does not include changing the scaffolding structure
of the tree.
6.16 TREE PRUNING AND REMOVAL REQUIREMENTS The instructions defined
herein are the City's standards for clearing of lines and provide details and directions to the
Contractor. The Contractor shall perform the following services in a professional workmanship like
manner consistent with all appropriate rules of safety.
a. Follow the shape suggested by the natural growth habits of each tree species.
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b. Cut the laterals to preserve the natural form of the tree, leaving the head open enough
for the branching system to show and permitting dead material to be easily cleaned
out and light to show through the head. Tree foliage shall not be reduced by more
than 20%.
C. To encourage new growth in older trees, open the interior by removal of large old
inner wood. Remove lateral branches at their point of origin, or shorten the length
of a branch by cutting to a lateral which is large enough to assume leadership.
d. The drop crotch method of pruning shall be used to reduce the height or spread of a
tree in conjunction with thinning cuts.
All limbs, one inch in diameter or over, shall be undercut to avoid splitting. Where
there is a chance of the bark tearing at the crotch, remove large limbs with the crotch.
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 at the crotch
in a manner to favor the earliest possible covering of the wood by callous growth and
evenly flush to the remaining wood. Cuts shall not be made so large that they will
prevent normal sap flow.
On trees known to be diseased, pruning tools as well as cut surfaces shall be
disinfected with a ten percent (10%) chlorine bleach solution or sterilant after each
cut and between trees where there is danger of transmitting the disease on tools.
C7. Pruning with hand pruners will be permitted. Small limbs, including suckers and
water spouts, shall be cut close to the trunk or branch from which they arise.
h. All cut branches three and one-half inches or larger in diameter shall be lowered by
proper ropes to the ground. Any damage caused by dropped limbs shall be repaired
promptly at the Contractor's expense and to the satisfaction of the Electrical Utility
Director.
Pruning around high voltage distribution and transmission lines shall be done by a
certified and qualified line clearance tree trimmer.
Do not spray any cuts.
k. All trees to be completely removed shall be cut to grade.
Remove all loose bark hanging in crotches of all Eucalyptus trees.
6.17 PROPERTY OWNER NOTIFICATION Property owners shall be notified a minimum
of 24 hours prior to any trimming on their property. Door knob hangers may be used if contact
cannot be made with the occupant of the property. Notification is not required for emergency call -
out work.
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6.18 CITY NOTIFICATION The City of Lodi shall be notified 48 hours in advance in order
to de -energize a line section.
The Contractor shall notify the System Operator daily of the work area for the day and shall obtain
a no -test order on lines in the work area.
Each crew supervisor or crew leader shall report to the Electric Utility Superintendent at the
beginning of each work day for specific assignments.
6.19 EMERGENCY WORK Emergency call -out work shall be coordinated between the
Contractor and the Electric Utility Director on a verbal authorization basis.
6.20 OVERTIME WORK Authorization for overtime work shall be obtained from the Electric
Utility Director prior to commencing any overtime work.
6.21 RECORD KEEPING A complete record of all tree work shall be submitted daily to the
Electric Utility Director. Line clearance records will include type of tree work performed, date,
species, type of crew, tools required, hours, locations and any other information required by the
Electric Utility Director. The Electric Utility Department will supply the Contractor with the record
keeping forms.
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