HomeMy WebLinkAbout11-13-2018 Item 11 Tree Maintenance Job Order Contract
Meeting Date: 11/13/2018
FROM: Daryl Grigsby, Public Works Director
Prepared By: Shelsie Kloepper, Engineer II
SUBJECT: JOB ORDER CONTRACT 2018 – TREE MAINTENANCE
RECOMMENDATIONS
1. Approve Special Provisions for Job Order Contract 2018 – Tree Maintenance; and
2. Authorize staff to advertise for bids; and
3. Authorize the City Manager to award the contract to the lowest responsible bidder.
DISCUSSION
Job Order Contracting is an alternative bidding procedure that was approved by the voters and
added to the City’s Charter on November 5, 2002 (Attachment A). It provides for on-call
infrastructure repair contracting. The Job Order Contract (JOC) provisions enable the City to
perform construction projects for the repair, remodeling or other repetitive work under a
competitively bid unit price contract. This ensures the City gets a consistent price while speeding
project delivery where detailed design is not required.
The City first implemented a JOC program shortly after the Charter amendment was approved by
the voters. The Gordian Group was retained to develop the JOC program in which 160,000 pre-
priced construction tasks were developed, and the contractors bid a percentage mark-up. The
City used this contract for 2 years. The 2003 JOC lapsed in 2005.
Engineering staff revisited the JOC concept in 2011 and created a more focused specification
targeting trench repairs needed after emergency pipeline repairs occur. Instead of bidding a JOC
program which covers every imaginable type of work and essentially pays the contractor for each
worker and each piece of equipment that is used to complete the work, a program was developed
to bid the finished product. This methodology is consistent with other types of projects the City
completes and has made it simpler for the contractors to prepare a nd submit proposals and
streamlined delivery of work.
This JOC is focused on City Tree Maintenance needs including tree pruning, planting, removal
and emergency response work. When maintenance work covered under the JOC is needed, the
work cost is calculated based on the contract unit prices. Staff creates a Task Order with the
work scope identified to the contractor.
ENVIRONMENTAL REVIEW
This project is exempt from environmental review pursuant to Section 15301 Class 1 (Existing
Facilities) of the California Environmental Quality Act (CEQA) Guidelines since it is a
maintenance and replacement project of existing facilities. A Notice of Exemption has been
filed with the Community Development Department.
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FISCAL IMPACT
This contract does not obligate any funds for work needed to maintain the urban forest. Once a
JOC has been executed, work will be scoped, and task orders issued for work within
appropriated budget. The funding sources for this work are primarily the Urban Forest, Parks
Maintenance, and Flood Control Operating Program Funds as well as the Street Reconstruction
and Resurfacing Capital Improvement Account; but others may be used based upon needs. In
addition, funds have been administratively identified in FY 17-18 Year End carryover to increase
available funds in the amount of $175,000 for citywide tree pruning and $175,000 for repairs to
tree root damaged infrastructure and tree plantings within the downtown core.
ALTERNATIVE
Deny authorization to advertise. The City Council may choose not to authorize the
advertisement of the project. This is not recommended because the JOC program is a cost-
effective way to get necessary maintenance work completed in a short period of time.
Attachments:
a - "Council Reading File" - 04152003, BUS 6A - JOB ORDER CONTRACTING AND
ALTERNATIVE BIDDING PROCEDURE
b - "Council Reading File" - R-10621 Updated Purchasing Guidelines
c - "Council Reading File" - Special Provisions
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SPECIAL PROVISIONS
FOR
CITY OF SAN LUIS OBISPO
JOB ORDER CONTRACT 2018 – TREE MAINTENANCE
Specification No. 1000003
NOVEMBER 2018
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
919 Palm Street
San Luis Obispo, CA 93401
(805) 781-7200
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JOB ORDER CONTRACT – 2018 – TREE MAINTENANCE
Specification No. 1000003
Approval Date: November 13, 2018
November 14, 2018
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TABLE OF CONTENTS
NOTICE TO BIDDERS ..................................................................................................... I
BID SUBMISSION ...................................................................................................................................... I
BID DOCUMENTS .................................................................................................................................... II
PROJECT INFORMATION........................................................................................................................ II
QUALIFICATIONS .................................................................................................................................... III
AWARD .................................................................................................................................................... IV
ACCOMMODATION .................................................................................................................................. V
BID FORMS .................................................................................................................... A
BID ITEM LIST FOR JOB ORDER CONTRACT 2018 – TREE MAINTENANCE SPECIFICATION NO.
1000003 ..................................................................................................................................................... A
LIST OF SUBCONTRACTORS ................................................................................................................ C
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT .............................................................. D
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE ......................................................... D
PUBLIC CONTRACT CODE SECTION 10232 STATEMENT ................................................................. D
LABOR CODE SECTION 1725.5 STATEMENTS ................................................................................... D
NON-COLLUSION DECLARATION .......................................................................................................... F
BIDDER ACKNOWLEDGEMENTS .......................................................................................................... G
QUALIFICATIONS .................................................................................................................................... H
ATTACH BIDDER'S BOND TO ACCOMPANY BID ................................................................................... I
SPECIAL PROVISIONS .................................................................................................. 1
DIVISION I GENERAL PROVISIONS ....................................................................................................... 1
1 GENERAL ........................................................................................................................................... 1
2 BIDDING ............................................................................................................................................. 1
4 SCOPE OF WORK ............................................................................................................................. 2
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC ....................................................... 2
8 PROSECUTION AND PROGRESS ................................................................................................... 2
DIVISION II GENERAL CONSTRUCTION ............................................................................................... 3
12 TEMPORARY TRAFFIC CONTROL ................................................................................................ 3
20 LANDSCAPE .................................................................................................................................... 3
APPENDIX A - FORM OF AGREEMENT ....................................................................... 1
APPENDIX B TREE MAINTENANCE FORM .................................................................. 4
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NOTICE TO BIDDERS
BID SUBMISSION
Sealed bids will be received by the City of San Luis Obispo at the Public Works
Administration Office located at 919 Palm Street, California 93401, until
2:00 p.m. on December 13, 2018
at which time they will be publicly opened and read aloud. Submit bid in a sealed envelope
plainly marked:
JOB ORDER CONTRACT 2018 – TREE MAINTENANCE
Any bid received after the time and date specified will not be considered and will be
returned to the bidder unopened. Bids received by Fax or Email will not be considered.
By submission of bid you agree to comply with all instruction and requirements in this
notice and the contract documents.
All bids must be submitted on the Bid Item List form(s) provided and submitted with all
other Bid Forms included in these Special Provisions.
Each bid must be accompanied by either a:
1. certified check
2. cashier's check
3. bidder's bond
made payable to the City of San Luis Obispo for an amount equal to ten percent of the
bid amount as a guaranty. Guaranty will be forfeited to the City San Luis Obispo if the
bidder, to whom the contract is awarded, fails to enter into the contract.
The City of San Luis Obispo reserves the right to accept or reject any or all bids or waive
any informality in a bid.
All bids are to be compared based on the City Engineer's estimate of the quantities of
work to be done, as shown on the Bid Item List.
Bids will only be accepted from bidders that are licensed in compliance with the provisions
of Chapter 9, Division III of Business and Professions Code.
The award of the contract, if awarded, will be to the lowest responsive bid submitted by a
responsible contractor whose bid complies with the requirements prescribed. If the
contract is awarded, the contract will be awarded within 60 calendar days after the
opening of the bids.
Failure to raise defects in the notice to bidders or bid forms prior to bid opening constitute
a waiver of those defects.
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BID DOCUMENTS
A copy of the plans and special provisions may be downloaded, free of charge, from the
City’s website at:
www.slocity.org/government/department-directory/public-works/public-works-bids-
proposals
A printed copy may be obtained at the office of the City Engineer by paying a non-
refundable fee of:
1. $15.00 if picked up in person, or
2. $25.00 if by mailing to the office of the City Engineer
Request must include Specification Number. The office of the City Engineer is located at:
919 Palm Street
San Luis Obispo, CA 93401
Standard Specifications and Engineering Standards referenced in the Special Provisions
may be downloaded, free of charge, from the City’s website at:
www.slocity.org/government/department-directory/public-works/documents-
online/construction-documents
A printed copy may be obtained by paying a non-refundable fee of:
1. $16.00 if picked up in person, or
2. $21.00 if by mailing to the office of the City Engineer
You are responsible to obtain all issued addenda prior to bid opening. Addenda will be
available to download at the City’s website listed above or at the office of the City
Engineer.
Contact the project manager, Shelsie Kloepper at (805)783-7735 or the Public Works
Department at (805) 781-7200 prior to bid opening to verify the number of addenda
issued.
You are responsible to verify your contact information is correct on the plan holders list
located on the City’s website at:
www.slocity.org/government/department-directory/public-works/public-works-bids-
proposals.
PROJECT INFORMATION
In general, the project consists of pruning, removing, and planting trees and associated
work on an as needed basis.
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The project estimated construction cost is $400,000
Contract time is established as 36 months.
The fixed liquidated damages amount is established at $500 per day for failure to
complete the work within the contract time.
In compliance with section 1773 of the Labor Code, the State of California Department of
Industrial Relations has established prevailing hourly wage rates for each type of
workman. Current wage rates may be obtained from the Division of Labor at:
https://www.dir.ca.gov/oprl/DPreWageDetermination.htm
This project is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
QUALIFICATIONS
You must possess a valid Class D-49 Contractor's License and Certification as an ISA
Certified Arborist at the time of the bid opening.
You and any subcontractors required to pay prevailing wage must be registered
with the Department of Industrial Relations pursuant to Section 1725.5 of the Labor
Code.
You must have experience constructing projects similar to the work specified for this
project. Provide three similar reference projects completed as either the prime or
subcontractor. All referenced projects must have been completed within the last five years
from this project’s bid opening date.
One of the three reference projects must have been completed under contract with
a city, county, state or federal government agency as the prime contractor.
All the referenced projects must be for tree maintenance work.
Failure to provide reference projects as specified in this section and as required on the
qualification form is cause to reject a bid as being non-responsive.
The City reserves the right to reject any bid based on non-responsiveness if a bidder fails
to provide a bid that complies with all bidding instructions.
The City reserves the right to reject a responsive bid based on the non-responsibility of
the bidder if the Director of Public Works or Designee finds, after providing notice and a
hearing to the bidder, that the bidder lacks the
1. knowledge
2. experience,
3. or is otherwise not responsible
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NOTICE TO BIDDERS
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as defined in Section 3.24 of the San Luis Obispo Municipal Code to complete the project
in the best interest of the City.
Rejected bidders may appeal this determination. Appeal must comply with the
requirements in this Notice to Bidders.
It is the City of San Luis Obispo’s intent to award the contract to the lowest responsive
bid submitted by a responsible bidder. If in the bidder’s opinion the contract has been or
may be improperly awarded, the bidder may protest the contract award.
Protests must be filed no later than five working days after either:
1. bid opening date
2. notification of rejected bid.
Protest must be in writing and received by the project manager located at:
919 Palm Street
San Luis Obispo, CA 93401.
Valid protests must contain the following information:
1. the reasons for the protest
2. any supporting documentation
3. the ruling expected by the City to remedy the protest.
Any protest not containing all required information will be deemed invalid and rejected.
The City will consider additional documentation or other supporting information regarding
the protest if submitted in compliance to the specified time limits. Anything submitted after
the specified time limit will be rejected and not be considered.
The Director of Public Works or Designee may request additional information to be
submitted within three days of the request, unless otherwise specified, and will notify the
protester of ruling within ten days of determination.
If the protester is not satisfied with ruling, the protester may appeal the ruling to the City
Council in compliance with Chapter 1.20 of the City of San Luis Obispo Municipal Code.
Pursuant to the Public Records Act (Government Code, § 6250, et seq.), the City will
make public records available upon request.
AWARD
The lowest bidder will be determined using the BID TOTAL.
As a condition to executing a contract with the City, two bonds each equal to one hundred
percent of the total contract price are required in compliance with Section 3-1.05 of the
Standard Specifications.
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You may substitute securities for moneys withheld under the contract in compliance with
the provisions of the Public Contract Code, Section 10263.
ACCOMMODATION
If any accommodations are needed to participate in the bid process, please contact
Kathryn Stanley at (805) 781-7200 or by Telecommunications Device for the Deaf at (805)
781-7107. Requests should be made as early as possible in the bidding process to allow
time for accommodation.
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BID FORMS
All bid forms must be completed and submitted with your bid. Failure to submit these
forms and required bid bond is cause to reject the bid as nonresponsive. Staple all bid
forms together.
THE UNDERSIGNED, agrees that they have carefully examined:
1. the location of the proposed work
2. the plans and specifications
3. read the accompanying instructions to bidders
and propose to furnish all:
4. materials
5. labor
to complete all the required work satisfactorily in compliance with
6. plans
7. specifications
8. special provisions
for the prices set forth in the bid item list:
BID ITEM LIST FOR JOB ORDER CONTRACT 2018 – TREE MAINTENANCE
SPECIFICATION NO. 1000003
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
1 20 Pruning – Broad Leaf and Conifer
Trees (3 to 6 inches DSH)EA 10
2 20 Pruning – Broad Leaf and Conifer
Trees (6 to 12 inches DSH)EA 140
3 20 Pruning – Broad Leaf and Conifer
Trees (12 to 24 inches DSH)EA 190
4 20 Pruning – Broad Leaf and Conifer
Trees (24 to 36 inches DSH)EA 150
5 20 Pruning – Broad Leaf and Conifer
Trees (36 to 42 inches DSH)EA 100
6 20 Pruning – Broad Leaf and Conifer
Trees (over 42 inches DSH)EA 20
7 20 Pruning – Palm Tree EA 60
8 20 Tree Removal (12 to 24 inches
DSH) EA 5
9 20 Tree Removal (24 to 36 inches
DSH) EA 5
10 20 Tree Removal (36 to 42 inches
DSH) EA 5
11 20 Tree Removal (over 42 inches DSH) EA 5
12 20 Stump Grinding DI 5000
13 20 Emergency Call Out EA 30
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Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
14 20 Remove Fallen Limb (3 to 6 inches
diameter) EA 10
15 20 Remove Fallen Limb (6 to 12 inches
diameter) EA 10
16 20 Remove Fallen Limb (12 to 24
inches diameter) EA 9
17 20 Remove Fallen Limb (24 to 36
inches diameter) EA 1
18 20 Creek Tree Area Removal (12 to 24
inches DSH) EA 5
19 20 Creek Tree Area Removal (24 to 36
inches DSH) EA 4
20 20 Creek Tree Area Removal (36 to 42
inches DSH) EA 3
21 20 Creek Tree Area Removal (over 42
inches DSH) EA 2
22 20 Furnish and Plant (15 gallon) EA 5
23 20 Furnish and Plant (24” box) EA 5
24 20 Furnish and Plant (36” box) EA 5
25 12 Traffic Control - Eng. Std. 7310 – Fig A HR 8
26 12 Traffic Control - Eng. Std. 7310 – Fig B HR 8
27 12 Traffic Control - Eng. Std. 7310 – Fig C HR 8
28 12 Traffic Control - Eng. Std. 7310 – Fig D HR 8
29 12 Traffic Control - Eng. Std. 7310 – Fig E HR 8
30 12 Traffic Control - Eng. Std. 7310 – Fig F HR 8
31 12 Traffic Control - Eng. Std. 7310 – Fig G HR 8
32 12 Traffic Control - Eng. Std. 7310 – Fig H HR 8
33 12 Traffic Control - Eng. Std. 7310 – Fig I HR 10
34 12 Traffic Control - Eng. Std. 7310 – Fig J HR 10
35 12 Traffic Control - Eng. Std. 7310 – Fig K HR 10
36 12 Traffic Control - Eng. Std. 7310 – Fig L HR 10
37 12 Traffic Control - Eng. Std. 7310 – Fig M HR 10
38 12 Traffic Control - Eng. Std. 7310 – Fig N HR 10
39 12 Traffic Control - Eng. Std. 7310 – Fig O HR 10
40 12 Traffic Control - Eng. Std. 7310 – Fig P HR 10
41 12 Minor Traffic Control HR 1000
Bid Total $
Company Name:
(1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe required
work.
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LIST OF SUBCONTRACTORS
Pursuant to Section 4100 of the Public Contracts Code and section 2-1.33C of the
standard specifications, the Bidder is required to furnish the following information for each
Subcontractor performing more than 1/2 percent (0.5%) of the total base bid. Do not list
alternative subcontractors for the same work. Subcontracting must not total more than
fifty percent (50%) of the submitted bid except as allowed in section 5-1.13 of the standard
specifications.
For Streets & Highways projects, subcontractors performing less than ten thousand dollars
($10,000) worth of work need not be mentioned. Subcontractors required to pay
prevailing wage, must be registered with the Department of Industrial Relations
pursuant to Labor Code section 1725.5 to be listed.
NOTE: If there are no subcontractors, write “NONE” and submit with bid.
Name Under Which
Subcontractor is Licensed License Number
DIR Public
Works
Registration
Number
Address and Phone
Number of Office, Mill or
Shop
Specific
Description of
Subcontract
% of
Total
Base
Bid
Attach additional sheets as needed.
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PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
In compliance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the
bidder hereby declares under penalty of perjury under the laws of the State of California
that the bidder, or any subcontractor to be engaged by the bidder, has ____, has not
____ been convicted within the preceding three years of any offenses referred to in that
section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in
violation of any state or federal antitrust law in connection with the bidding upon, award
of, or performance of, any public works contract, as defined in Public Contract Code
Section 1101, with any public entity, as defined in Public Contract Code Section 1100,
including the Regents of the University of California or the Trustees of the California State
University. The term "bidder" is understood to include any partner, member, officer,
director, responsible managing officer, or responsible managing employee thereof, as
referred to in Section 10285.1.
NOTE: The bidder must place a check mark after "has" or "has not" in one of the blank
spaces provided. The above Statement is part of the Bid. Signing this Bid on the signature
portion constitute signature of this Statement. Bidders are cautioned that making a false
certification may subject the certifier to criminal prosecution.
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
In compliance with Public Contract Code Section 10162, the Bidder must complete, under
penalty of perjury, the following questionnaire:
Has the bidder, any officer of the bidder, or any employee of the bidder who has a
proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented
from bidding on, or completing a federal, state, or local government project because of a
violation of law or a safety regulation?
Yes No
If the answer is yes, attach a letter explaining the circumstances
PUBLIC CONTRACT CODE SECTION 10232 STATEMENT
In compliance with Public Contract Code Section 10232, you hereby state under penalty of
perjury, that no more than one final unappealable finding of contempt of court by a federal
court has been issued against you within the immediately preceding two-year period
because of your failure to comply with an order of a federal court which orders you to comply
with an order of the National Labor Relations Board.
LABOR CODE SECTION 1725.5 STATEMENTS
The bidder has delinquent liability to an employee or the state for any assessment of back
wages or related damages, interest, fines, or penalties pursuant to any final judgment,
order, or determination by a court or any federal, state, or local administrative agency,
including a confirmed arbitration award. Any judgment, order, or determination that is
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under appeal is excluded, provided that the contractor has secured the payment of any
amount eventually found due through a bond or other appropriate means.
Yes No
The bidder is currently debarred under Section 1777.1 or under any other federal or state
law providing for the debarment of contractors from public works.
Yes No
NOTE: The above Statements and Questionnaire are part of the Bid. Signing this Bid on
the signature portion constitute signature of this Statement and Questionnaire. Bidders are
cautioned that making a false certification may subject the certifier to criminal prosecution.
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NON-COLLUSION DECLARATION
I, , declare that
I am of ,
the party making the foregoing bid that the bid is not made in the interest of, or on behalf
of, any undisclosed person, partnership, company, association, organization, or
corporation; that the bid is genuine and not collusive or sham; that the bidder has not
directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and
has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or
anyone else to put in a sham bid, or that anyone refrained from bidding; that the bidder has
not in any manner, directly or indirectly, sought by agreement, communication, or
conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any
overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure
any advantage against the public body awarding the contract of anyone interested in the
proposed contract; that all statements contained in the bid are true; and, further, that the
bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof,
or the contents thereof, or divulged information or data relative thereto, or paid, and will not
pay, any fee to any corporation, partnership, company association, organization, bid
depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Executed on , 20 , in __
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
(Signature and Title of Declarant)
(SEAL)
Subscribed and sworn to before me
this _______day of _________, 20_____
Notary Public
Company Name:____________________
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BIDDER ACKNOWLEDGEMENTS
By signing below, the bidder acknowledges and confirms that this bid is based on the information contained
in all contract documents, including the notice to bidders, plans, specifications, special provisions, and
addendum number(s) . (Note: You are responsible to verify the number of
addenda prior to the bid opening.)
The undersigned further agrees that in case of default in executing the required contract, with necessary
bonds, within eight days, (not including Saturdays, Sundays, and legal holidays), after having received a
mailed notice that the contract is ready for signature, the proceeds of the check or bond accompanying his
bid will become the property of the City of San Luis Obispo.
Licensed in accordance with an act providing for the registration of contractors, License No. , Expiration
Date .
The above statement is made under penalty of perjury, and any bid not containing this information "will be
considered non-responsive and will be rejected” by the City.
Signature of Bidder
(Print Name and Title of Bidder)
DIR– Public Works
Registration No:
Business Name (DBA):
Owner/Legal Name:
Indicate One: Sole-proprietor Partnership Corporation
List Partners/Corporate Officers:
Name Title
Name Title
Name Title
Business Address
Street Address
Mailing Address
City, State, Zip Code
Phone Number
Fax Number
Email Address
Date
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QUALIFICATIONS
Failure to furnish complete reference information ON THIS FORM, as specified in this
project’s Notice to Bidders and indicated below, is cause to reject the bid. Additional
information may be attached but is not a substitute for this form.
Reference Number 1
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):
Did this project include tree
maintenance work? Yes □ No □
Describe the services provided and how this project is similar to
that which is being bid:
Date project completed:
Was this contract for a public agency?
Yes □ No □
Reference Number 2
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):
Did this project include tree
maintenance work? Yes □ No □
Describe the services provided and how this project is similar to
that which is being bid:
Date project completed:
Was this contract for a public agency?
Yes □ No □
Reference Number 3
Customer Name & Contact Individual
Telephone & Email
Project Name (Site Address):
Did this project include tree
maintenance work? Yes □ No □
Describe the services provided and how this project is similar to
that which is being bid:
Date project completed:
Was this contract for a public agency?
Yes □ No □
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ATTACH BIDDER'S BOND TO ACCOMPANY BID
Know all men by these presents:
That we ____________________________________________, AS PRINCIPAL, and
_______________________________________________________, AS SURETY, are held and firmly
bound unto the City of San Luis Obispo in the sum of:
____________________________________________________ Dollars (_____________) to be paid to
said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we
bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by
these presents:
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain bid of the above
bounden ______________________________________________________________________
to construct ___________________________________________________________________
(insert name of street and limits to be improved or project)
dated _____________________ is accepted by the City of San Luis Obispo, and if the above
bounden _______________________________________________________, his heirs, executors,
administrators, successors, and assigns shall duly enter into and execute a contract for such construction and
shall execute and deliver the two bonds described within ten (10) days (not including Saturdays, Sundays, or
legal holidays) after the above bounden,
______________________________________________________, has received notice by and from the
said City of San Luis Obispo that said contract is ready for execution, then this obligation shall become null
and void; otherwise, it shall be and remain in full force and virtue.
IN WITNESS WHEREOF, we hereunto set our hands and seals this ___ day of ______, 20____.
Bidder Principal:
Signature Date
Title:
Surety:
Bidder's signature is not required to be notarized. Surety's signature must be notarized.
Equivalent form may be substituted
(Rev. 6-30-14)
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SPECIAL PROVISIONS
1
SPECIAL PROVISIONS
ORGANIZATION
Special provisions are under headings that correspond with the main section heading of
the Standard Specifications. Each special provision begins with a revision clause that
describes or introduces a revision to the Standard Specifications. Any paragraph added
or deleted by a revision clause does not change the paragraph number of the Standard
Specifications for any other reference to a paragraph of the Standard Specifications.
DIVISION I GENERAL PROVISIONS
1 GENERAL
Add to Section 1-1.01 GENERAL:
The work must be done in compliance with the City of San Luis Obispo, Department of
Public Works:
1. Job Order Contract 2018 – Tree Maintenance Special Provisions
2. City of San Luis Obispo Standard Specifications and Engineering Standards –
2018 edition
3. State of California, Department of Transportation Standard Specifications and
Standard Plans – 2015 edition
In case of conflict between documents, governing ranking must comply with section 5-
1.02 of the City of San Luis Obispo’s Standard Specifications.
Failure to comply with the provisions of these sections is a material breach of contract:
1. Sections 5 through 8 of the Standard Specifications
2. Section 12 through 15 of the Standard Specifications
3. Section 77-1 of the Standard Specifications
4. Section 81 of the Standard Specifications
5. authorized working hours
6. OSHA compliance
Add to Section 1-1.06 ABBREVIATIONS:
Abbreviation Mean
DI Diameter Inch
DSH Diameter of tree at 4.5 feet above grade
2 BIDDING
Replace Section 2-1.33A BID DOCUMENT COMPLETION AND SUBMITTAL, General
with:
Furnish bid using blank forms provided in the Special Provisions. Bid must include all
forms and must be signed by the bidder.
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4 SCOPE OF WORK
Add to Section 4-1.03 WORK DESCRIPTION:
Comply with the provisions of Section 12, 20 for general, material, construction, and
payment specifics.
This agreement will be the basis for Job Order Contract Task Orders to be issued.
Periodically, the Engineer will identify locations in need of maintenance work and contact
you for a Task Order Scoping meeting, to make repairs per items shown on the bid item
list. Within ten (10) days of verbal notification of work needs, you must meet the Engineer
on-site to review task scope and estimate quantities. The Engineer will issue a notice to
proceed to you, identify the number of working days for the Task Order, and identify the
work start date. Five (5) days after the notice to proceed has been issued, you must
submit a traffic control plan for review.
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Add to Section 7-1.03B PUBLIC CONVENIENCE, Traffic Control Plan:
You are required to obtain a no-fee encroachment permit with the City Public Works
Department for each task order. Traffic control plans for work on arterial and collector
streets are required to be reviewed and approved in advance of the work.
Provide traffic control plan and traffic control application a minimum of 5 days in advance
of the work at the Public Works permit counter at 919 Palm Street. Traffic control plan
must be drawn to scale. Traffic control application may be obtained on the City’s website:
www.slocity.org/government/department-directory/public-works/documents-
online/construction-documents
Upon approval of the traffic control plan, the City will issue a no-fee Encroachment Permit.
Permittee is responsible to comply with all conditions of the traffic control plan. Complete
work using due diligence to restore free flowing of traffic.
8 PROSECUTION AND PROGRESS
Replace the 1st paragraph in Section 8-1.02A SCHEDULE, General with:
Provide a Level 1 schedule for this work.
Replace the 1st paragraph in Section 8-1.14A CONTRACT TERMINATION, General
with:
The Public Works Director may terminate the Contract if it serves the City’s best interest.
The City issues you a written notice, implements the termination, and pays you for any
authorized Task Order work that is complete.
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DIVISION II GENERAL CONSTRUCTION
12 TEMPORARY TRAFFIC CONTROL
Add to Section 12-1.01 GENERAL:
Some work locations will require the implementation of a simplified traffic control. These
locations will be paid per the “Minor Traffic Control” bid item instead of one of the pre-
established figures in Engineering Standards – Appendix G. “Minor Traffic Control” will
apply to areas where impacts to public traffic are minor, on local streets, or where
approximately 10 cones- and the use of barricades- can delineate traffic around a work
area.
Add to Section 12-1.04 PAYMENT:
Traffic delineation and trench protection must be maintained at all times. If barricades are
required after sunset, lights/flashing beacons will be required. When traffic control is
required to be present during non-work hours, the cost will be included in the working day
hourly compensation.
20 LANDSCAPE
Add Section 20-6 TREE MAINTENANCE:
20-6.01 GENERAL
Furnish all labor, materials, equipment, and incidental items required to lawfully perform
the tree maintenance tasks described in this section as directed by the Engineer.
All tree pruning shall comply with the American National Standard Institute, ANSI A300
Pruning Standards and ANSI Z133.1, Safety Requirements for Tree Pruning, Trimming,
Repair or Removal. Tree care shall be consistent with the International Society of
Arboriculture Best Management Practices.
20-6.02 MATERIALS
Provide Nursey Quality Trees in compliance with Engineering Standards Appendix I –
Guidelines Specifications for Nursery Tree Quality.
20-6.03 CONSTRUCTION
20-6.03A General
Post streets 48 hours before work starts when parking must be restricted. Call City of San
Luis Obispo Police Department to verify “No Parking“ signs are posted properly to allow
towing of vehicles if required.
Do not use hooks, climbers, gaffs, or other climbing equipment that may penetrate the
bark of the tree.
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Observe good arboricultural practices as recommended by the International Society of
Arboriculture Best Management Practices.
Ensure that all employees on site are ISA Certified Tree Workers or have equivalent or
higher ISA certification. Specialized work assignments may require the presence of a
Certified Arborist during the work.
Ensure that pruning will not disturb the nesting seasons of birds.
All work shall be reviewed in advance by an ISA Certified Arborist in conjunction with the
Engineer.
Comply with Cal-OSHA and ANSI standards for safe working practices.
Place and maintain all devices required to safely close a traffic lane when necessary.
Place and maintain traffic control in compliance with approved traffic control plan, current
City standards, and MUTCD guidelines.
Remove all equipment, materials, and debris from the worksite at the end of each
workday. Work includes sweeping of debris to prevent it from entering stormdrain inlets.
Where working over a stormdrain inlet, cover inlet to prevent debris entry until work is
complete.
Dump all wood and clean chips (except palm fronds) at a specified location within the City
Corporation Yard.
Dispose of all other debris in accordance with City, State and Federal laws.
20-6.03B Pruning – Broad Leaf and Conifer Trees
Prune tree as follows:
1. Remove all dead wood.
2. Lighten heavy branches to conform to the tree’s natural character.
3. Remove undesirable, weak, or crossing branches.
4. Remove suckers and water sprouts.
5. Remove stubs, broken branches, split branches, abnormal growth, mistletoe,
vines, and other parasitic vegetation.
6. Make all cuts at the branch collar.
7. Remove large or heavy branches with the three-cut method: under cut, over cut &
finish cut.
8. Balance the tree as appropriate for the species health and vigor.
9. Balance the tree as appropriate for the species health and vigor.
10. Follow the directions of the Urban Forest Supervisor/City Arborist or designee who
shall have the discretion to change or modify specifications to suit special
situations.
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20-6.03C Pruning – Palm Trees
Prune Tree as follows:
1. Remove all dead fronds.
2. Remove all seed pods and seed pod husks.
3. Remove all abnormal growth from the base of the tree trunk.
4. Elevate green or live fronds to 90 degrees.
5. Trim the base of the palm bead to form a “pineapple” effect.
6. Remove any nicked or partially cut fronds.
20-6.03D Pruning - Street and Sidewalk Clearances
Elevate trees where necessary to provide the following vertical clearances:
1. Eight feet over residential sidewalks
2. Twelve feet over residential streets
3. Ten feet over commercial sidewalks
4. Fourteen feet over commercial streets
20-6.03E Tree Removal
Remove trees including all topping and other operations necessary to safely remove the
tree. Do not fell tree or trunks onto pavement, sidewalk, or public spaces. Cut the tree
stump flush with adjacent finished surface including all roots. Immediately remove all
cutting and grindings from the work area.
Backfill cavity, if any, with clean earthen soil to normal ground level. Do not backfill with
wood chips. Clean adjacent surfaces.
20-6.03F Stump Grinding
Grind stumps to a depth of 24 inches below the normal surface level including all surface
roots. Backfill cavity with clean earthen soil to normal ground level. Do not backfill with
wood chips. Immediately after grinding each stump, remove grindings and clean work
area.
20-6.03G Emergency Work
You must be available twenty-four (24) hours a day, 7 day a week for emergency
response. You must provide a twenty-four (24) hour emergency contact phone number.
All requests to this phone number must be replied to within one (1) hour of initial phone
call, and crews must be dispatched within two (2) hours of from initial contact by the
Engineer.
20-6.03H Creek Area Tree Removal
Remove trees as identified by the Engineer from the creek area. Trees may be standing
or fallen. Immediately remove all cutting from creek and work area.
20-6.03I Tree Planting
Furnish and Plant tree in compliance with Engineering Standards.
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20-6.04 PAYMENT
Complete Tree Maintenance Form, included in Appendix B of these Special Provisions,
and furnish to the Engineer for all work performed. Email completed Tree Maintenance
Form to the Engineer monthly.
Emergency work payment will include all mobilization and personnel costs associated
with emergency call outs. Emergency call out work is any unplanned work required to be
completed outside normal business time between 7am to 4pm Monday through Friday.
This cost includes all mobilization costs including any premium rates of pay to mobilize
personnel and equipment necessary to complete emergency work. The actual work is
compensated by item of work on Bid Item List.
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APPENDIX
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APPENDIX A - FORM OF AGREEMENT
THIS AGREEMENT, made on this ______ day of ___________, 20__, by and between the City of
San Luis Obispo, a municipal corporation and charter city, San Luis Obispo County, California
(hereinafter called the Owner) and COMPANY NAME (hereinafter called the Contractor).
WITNESSETH:
That the Owner and the Contractor for the consideration stated herein agree as follows:
ARTICLE 1, SCOPE OF WORK: The Contractor shall perform everything required to be
performed, shall provide and furnish all of the labor, materials, necessary tools, expendable
equipment, and all utility and transportation services required to complete all the work of
construction of
NAME OF PROJECT, SPEC NO.
in strict compliance with the plans and specifications therefor, including any and all Addenda,
adopted by the Owner, in strict compliance with the Contract Documents hereinafter enumerated.
It is agreed that said labor, materials, tools, equipment, and services shall be furnished and said
work performed and completed under the direction and supervision and subject to the approval of
the Owner or its authorized representatives.
ARTICLE II, CONTRACT PRICE: The Owner shall pay the Contractor as full consideration for the
faithful performance of this Contract, subject to any additions or deductions as provided in the
Contract Documents, the contract prices as follows:
Item
No.
Item Unit of
Measure
Estimated
Quantity
Item Price
(in figures)
Total
(in figures)
1.
2.
3.
BID TOTAL: $ .00
Payments are to be made to the Contractor in compliance with and subject to the provisions
embodied in the documents made a part of this Contract.
Should any dispute arise respecting the true value of any work omitted, or of any extra work which
the Contractor may be required to do, or respecting the size of any payment to the Contractor,
during the performance of this Contract, said dispute shall be decided by the Owner and its decision
shall be final, and conclusive.
ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The Contract consists of the following
documents, all of which are as fully a part thereof as if herein set out in full, and if not attached, as
if hereto attached:
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1. Notice to Bidders and Information for Bidders
2. Standard Specifications and Engineering Standards
3. Special Provisions, any Addenda, Plans and Contract Change Orders
4. Caltrans Standard Specifications and Standard Plans 2015
5. Accepted Bid and Bid Bond
6. List of Subcontractors
7. Public Contract Code Sections 10285.1 Statement
8. Public Contract Code Section 10162 Questionnaire
9. Public Contract Code Section 10232 Statement
10. Labor Code Section 1725.5 Statements
11. Bidder Acknowledgements
12. Qualifications
13. Non-collusion Declaration
14. Agreement and Bonds
15. Insurance Requirements and Forms
ARTICLE IV INDEMNIFICATION: The Contractor shall indemnify, defend with legal counsel
approved by City, and hold harmless City, its officers, officials, employees and volunteers from and
against all liability, loss, damage, expense, cost (including without limitation reasonable legal
counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or
in connection with the Contractor’s negligence, recklessness or willful misconduct in the
performance of work hereunder or its failure to comply with any of its obligations contained in this
Agreement, except such loss or damage which is caused by the sole or active negligence or willful
misconduct of the City. Should conflict of interest principles preclude a single legal counsel from
representing both the City and the Contractor, or should the City otherwise find the Contractor’s
legal counsel unacceptable, then the Contractor shall reimburse the City its costs of defense,
including without limitation reasonable legal counsel fees, expert fees and all other costs and fees
of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and
its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact
to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is
expressly understood and agreed that the foregoing provisions are intended to be as broad and
inclusive as is permitted by the law of the State of California and will survive termination of this
Agreement.
The Contractor obligations under this section apply regardless of whether such claim, charge,
damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or
penalty, or liability was caused in part or contributed to by an Indemnitee. However, without
affecting the rights of the City under any provision of this agreement, the Contractor shall not be
required to indemnify and hold harmless the City for liability attributable to the active negligence of
AGENCY, provided such active negligence is determined by agreement between the parties or by
the findings of a court of competent jurisdiction. In instances where the City is shown to have been
actively negligent and where the City’s active negligence accounts for only a percentage of the
liability involved, the obligation of the Contractor will be for that entire portion or percentage of
liability not attributable to the active negligence of the City.
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 of said Contractor, then this instrument
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shall control and nothing herein shall be considered as an acceptance of the said terms of said bid
conflicting herewith.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this year
and date first above written.
CITY OF SAN LUIS OBISPO
A Municipal Corporation
__________________________________
Derek Johnson, City Manager
APPROVED AS TO FORM CONTRACTOR:
Name of Company
________________________________
By:________________________________
J. Christine Dietrick
City Attorney
Name of CAO/President
Its: CAO/PRESIDENT
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APPENDIX 4 APPENDIX B TREE MAINTENANCE FORM Work Date: Draw on attached map the following symbols: X Remove Tree ‐ How many trees were removed? O Add Tree ‐ How many trees were added? Street Address Species DSH (in)ConditionWork Type*Worker(s)Time SpentComments *Work Type: Regular Prune, Partial Prune – Clearance/ Disease / Limb / Hazard, Remove Fallen Tree, Remove Stump, Root Prune, Plant Tree, SprayPacket Pg. 202Item 11
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