TREE REMOVAL SERVICES - Stockton Tree Removal Non Emerg… · Tree and stump removal work shall begin no later than ten (10) working days after the date indicated on the Notice to

PUBLIC WORKS DEPARTMENT

SPECIAL PROVISIONS FOR

TREE REMOVAL SERVICES OM‐20‐039

BID OPENING: Thursday, January 16, 2020 at 2:00 p.m.

CONTRACTOR MUST HAVE A CLASS “C‐61” AND “D‐49” LICENSE

LOC No. 1January 9, 2020

TableofContentsDIVISION I – GENERAL PROVISIONS .............................................................................................................. 1

SECTION 1 – GENERAL ................................................................................................................................... 1

1‐1.01 TERMS AND DEFINITIONS ............................................................................................................. 1

1‐1.02 GENERAL DESCRIPTION OF WORK ................................................................................................ 1

1‐1.03 SPECIFICATIONS ............................................................................................................................. 1

SECTION 2 – BIDDING ................................................................................................................................... 4

2‐1.01 GENERAL ....................................................................................................................................... 4

2‐1.02 BID PROTEST ................................................................................................................................. 4

SECTION 3 – CONTRACT AWARD AND EXECUTION ...................................................................................... 5

3‐1.01 CONTRACT AWARD ....................................................................................................................... 5

3‐1.02 CONTRACT EXECUTION ................................................................................................................. 5

3‐1.03 CONTRACT TERM ............................................................................................................................. 5

3‐1.04 TERMINATION FOR CONVIENCE ...................................................................................................... 5

3‐1.05 CONTRACTOR QUALIFICATIONS ................................................................................................... 5

SECTION 4 – SCOPE OF WORK ...................................................................................................................... 6

4‐1.01 BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES ................................. 6

SECTION 5 – CONTROL OF WORK ................................................................................................................. 7

5‐1.01 CITY REPRESENTATIVES ................................................................................................................. 7

5‐1.02 QUALIFICATIONS ........................................................................................................................... 7

5‐1.03 RESPONSIBILITIES .......................................................................................................................... 8

5‐1.04 SCOPE OF WORK ......................................................................................................................... 12

SECTION 6 – BLANK ..................................................................................................................................... 14

SECTION 7 – LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC ...................................................... 15

7‐1.01 PUBLIC CONVENIENCE ................................................................................................................ 15

7‐1.02 PUBLIC SAFETY ............................................................................................................................ 15

SECTION 8 – BLANK ..................................................................................................................................... 16

SECTION 9 – PAYMENT ............................................................................................................................... 17

9‐1.01 PAYMENT .................................................................................................................................... 17

9‐1.02 PAYMENTS WITHHELD ................................................................................................................ 17

DIVISION II – GENERAL CONSTRUCTION ..................................................................................................... 18

SECTION 10 – GENERAL............................................................................................................................... 18

10‐1.01 STANDARDS OF PERFORMANCE ............................................................................................. 18

10‐1.02 WORKMANSHIP ...................................................................................................................... 18

LOC No. 1 January 9, 2020

10‐1.03 SUBMITTALS AND INSPECTIONS ............................................................................................. 19

10‐1.04 MEETINGS ............................................................................................................................... 19

10‐1.05 QUANTITIES ............................................................................................................................. 20

SECTION 11 – BLANK ................................................................................................................................... 21

SECTION 12 – TEMPORARY TRAFFIC CONTROL .......................................................................................... 22

12‐1.01 MAINTAINING TRAFFIC .............................................................................................................. 22

12‐1.02 TRAFFIC CONTROL SYSTEM FOR LANE AND ROAD CLOSURE .................................................... 24

SECTION 13 – BLANK ................................................................................................................................... 26

SECTION 14 – BLANK ................................................................................................................................... 26


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SPECIAL PROVISIONS FOR

TREE REMOVAL SERVICES PROJECT NO. OM‐20‐039

DIVISION I – GENERAL PROVISIONS

SECTION 1 – GENERAL

1‐1.01 TERMS AND DEFINITIONS

Wherever in the S p e c i a l P r o v i s i o n s , N o t i c e t o C o n t r a c t o r s , P r o p o s a l , C o n t r a c t , o r o t h e r c o n t r a c t d o c um e n t s t h e following terms are used; the intent and meaning shall be interpreted as follows:

City or Owner ‐ City of Stockton

Director ‐ Director of Public Works, City of Stockton

Standard Specifications ‐ City of Stockton, Standard Plans and Specifications, and any amendments or revisions thereto (Revised 9/27/16)

Caltrans Specifications ‐ State of California, Department of Transportation, 2015 Standard Plans and Specifications and any amendments or revisions thereto.

Department ‐ Department of Public Works, City of Stockton

City Representative ‐ Project Manager, City of Stockton, acting either directly or through properly authorized Project Manager agents and consultants

MUTCD ‐ Latest edition of California Manual on Uniform Traffic Control Devices (MUTCD), and any amendments and revisions thereto

1‐1.02 GENERAL DESCRIPTION OF WORK

The work described herein is for tree and stump removal, including disposal, throughout the City of Stockton. Contractor shall provide all necessary labor, tools, equipment, materials and incidentals, to complete the work and to properly dispose of all materials generated. Work locations may include, but not be limited to, residential front yards, “park way strips” between the sidewalk and curb, landscaped street right of way and tree wells.

1‐1.03 SPECIFICATIONS


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All work shall be done in accordance with the City of Stockton, Department of Public Works, Standard Specifications and Plans, incorporated herein, insofar as the same may apply and in accordance with these Special Provisions and bid documents. To the extent the Department of Transportation Standard Specifications implement the STATE CONTRACT ACT they shall not be applicable since the City of Stockton is not subject to said act.

In case of conflict or discrepancy between any of the Contract Documents, the order of documents listed below shall be the order of precedence, with the first item listed having the highest precedence.

a. Contract Change Order b. Contract c. Project Special Provisions d. Project Plans e. City’s Standard Specifications f. City’s Standard Drawings g. Revised Caltrans Standard Specifications h. Caltrans Standard Specifications i. Revised Caltrans Standard Plans j. Supplemental Project Information

With regards to discrepancies or conflicts between written dimensions given on drawings and the scaled measurements, the written dimensions shall govern.

With regards to discrepancies or conflicts between large‐scale drawings and small‐scale drawings, the larger scale shall govern.

With regards to discrepancies or conflicts between detailed drawings and referenced standard drawings or plans, the detailed drawings shall govern.

In the event where provisions of codes, safety orders, contract documents, referenced manufacturer’s specifications or industry standards are in conflict, the more restrictive and higher quality shall govern.

Should it appear that the work to be done or any of the matters relative thereto are not sufficiently detailed or explained in these specifications, the special provisions, or the plans, the Contractor shall apply to the City Representative in writing for such further explanations as may be necessary and shall conform to them as part of the contract. All responses from the City Representative shall be in writing. In the event of any doubt or question arising respecting the true meaning of these specifications, the special provisions or the plans, reference shall be made to the City Representative, whose decision thereon shall be final.

The Contractor shall examine carefully the site of the work and the plans and specifications therefore. He/She shall investigate and satisfy himself/herself as to conditions to be encountered, the character, obstacles to be encountered, the work to be performed, materials to be furnished, and as to the requirements of the bid, plans and specifications of the contract.


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SECTION 2 – BIDDING

2‐1.01 GENERAL

The bidder's attention is directed to the "Notice to Contractors" for the date, time and location of the mandatory pre‐bid meeting, if applicable. Refer to the City of Stockton’s Bid Flash webpage: http://www.stocktongov.com/services/business/bidflash/default.html

The bidder's attention is directed to the provisions in Section 2, "Bidding," of the Standard Specifications and these special provisions for the requirements and conditions which the bidder must observe in the preparation for the submission of the bid.

In conformance with Public Contract Code Section 7106, a Non‐collusion Affidavit is included in the Proposal. Signing the Proposal shall also constitute signature of the Non‐collusion Affidavit.

The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of Title 49 CFR (Code of Federal Regulations) part 26 in the award and administration of US DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Each subcontract signed by the bidder must include this assurance.

2‐1.02 BID PROTEST

In case of Bid protests, attention is directed to the provisions in Section 2‐1.51, “Bid Protests” of the Standard Specifications. The party filing the protest must have submitted a bid for the work. A subcontractor of a bidder may not submit a bid protest. A copy of bid protests is to be sent to the following address:

Attention: Mitch Jackson

City of Stockton Public Works Department

22 E. Weber Avenue, Room 301 Stockton, CA 95202


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SECTION 3 – CONTRACT AWARD AND EXECUTION

3‐1.01 CONTRACT AWARD

The bidder's attention is directed to the provisions in Section 3, " Contract Award and Execution," of the Standard Specifications and these special provisions for the requirements and conditions concerning award and execution of contract.

Bid protests are to be delivered to the following address: Department of Public Works, 22 E. Weber Avenue, Room 301, Stockton, CA 95202, Attn: Mitch Jackson. The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed.

3‐1.02 CONTRACT EXECUTION

The contract shall be executed by the successful bidder and shall be returned to the Agency so that it is received within 10 days, not including Saturdays, Sundays and legal holidays, after the bidder has received the contract for execution. Failure to do so shall be just cause for forfeiture of the proposal guaranty. The executed contract documents shall be delivered to:

City of Stockton Public Works Department

Attn: Mitch Jackson 22 E. Weber Avenue, Room 301

Stockton, CA 95202

3‐1.03 CONTRACT TERM

The contract term will be through December 31, 2020.

3‐1.04 TERMINATION FOR CONVIENCE

City may terminate the contract at any time by mailing notice to Contractor at the contractor’s address as noted in the contract. Contractor shall be paid for that portion of goods provided / services provided when notice is received.

3‐1.05 CONTRACTOR QUALIFICATIONS

Contractor acknowledges it is an independent contractor and shall not for any purpose be deemed to be an employee, agent, or other representative of the City. Contractor shall not assign, sublet, transfer or otherwise substitute its interest in this work, or any of its obligations, without the prior written consent of the City.


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SECTION 4 – SCOPE OF WORK

4‐1.01 BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES

Tree and stump removal work shall begin no later than ten (10) working days after the date indicated on the Notice to Proceed and be diligently performed until competed.

Unless otherwise approved by the City representative, the contractor shall be required to perform entire tree and stump removals at an average pace of six (6) to ten (10) removals per day.

Liquidated damages: With each pay application, the average number of trees removed will be calculated, and the difference between the actual average number of removals per day for the pay period, and the minimum average of six (6) removals per day, times the number of days for the pay period will be calculated. The City may collect liquidated damages at a rate equal to the average cost to remove one tree (based on the total base bid price divided by the total number of trees in the base bid) times the total of the difference between the actual average removal count and the minimum required average removal count. Total liquidated damages may be withheld from each pay application at the discretion of the City representative.

Full compensation for any costs required to comply with the provisions in this section shall be considered to be included in the prices paid for the various contract items of work and no additional compensation will be allowed, therefore.


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SECTION 5 – CONTROL OF WORK

5‐1.01 CITY REPRESENTATIVES

Representative(s) from the Public Works Department will manage/administer this contract and inspect the Contractor's work. All work shall be subject to approval by the City representative. The primary point of contact will be the City Project Manager, Mitch Jackson, phone 209‐937‐8283, or email [email protected].

5‐1.02 QUALIFICATIONS

5‐1.02.1 Minimum Age Requirement:

All employees of the Contractor must be a minimum of 18 years of age.

5‐1.02.2 Conflict of Interest:

The Contractor shall not employ any person who is an employee of the City if the employment of that person would create a conflict of interest.

5‐1.02.3 Experience:

It is the intent to call for the highest level of quality in tree services compatible with the International Society of Arboriculture Standards and Practices and modern techniques accepted by the industry. All tree removal services shall be performed by experienced and qualified person(s) who are directly employed and supervised by the Contractor. Such Contractor shall have at least two (2) years of relevant experience in tree removals similar in size to those for which these Special Provisions apply.

5‐1.02.4 Licensing:

Contractor shall possess a valid and proper State Contractor’s License Classification C‐61 Limited Specialty, D‐49 Tree Service License.


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Contractor shall possess a City of Stockton Business License before being allowed to start work and must maintain a City of Stockton Business License throughout the contract period.

5‐1.03 RESPONSIBILITIES

The Contractor shall appoint a Project Manager who shall be responsible for the quality and performance of the work and an alternate(s) who shall act for the Contractor when the Project Manager is absent. The names of these persons shall be designated in writing to the City. As used in this solicitation, the term “Project Manager” shall include the alternate as specified above. The Project Manager, or his/her designee, should generally be available during normal working hours to meet with the City Representative to discuss any problem areas. Contractor shall provide the City Representative with contact information for both the Project Manager and alternate. The Project Manager shall have a telephone/pager to permit timely contact by the City. The Project Manager must respond to a call/page within 30 minutes.

Contractor shall provide at their own risk, all labor, materials, supervision, tools, equipment, insurance, storage, transportation, hauling, dumping, proper protection, traffic control and all other items needed, or as directed to perform the work described in these special provisions.

Contractor shall have a designated supervisor at the work site that has the authority to respond to the City Representative and/or any citizens about work details or priorities. The supervisor shall be able to accurately and effectively communicate any essential information.

Contractor shall provide supervision of all work crews at all times while performing work under this contract. Contractor shall provide supervision to assure that tasks are performed to the standards set forth herein. Contractor is solely responsible for the day‐to‐day supervision and control of Contractor’s employees.

Contractor shall employ a sufficient number of competent and skilled staff to ensure performance of the work described. The Contractor shall provide management and technical supervision through competent supervisors as required to implement modern methods and any newly developed procedures. Contractor shall be responsible for the skills, methods, and actions of Contractor's employees and for all work.

The City shall, throughout the life of the contract, have the right of reasonable rejection and/or approval of staff assigned to the work by the contractor. If the City representative rejects one of Contractor's staff, the Contractor must provide replacement staff


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satisfactory to the City at no additional cost to the City. If, in the opinion of the City, any Contractor employee who is incompetent, disorderly, refuses to perform in accordance with the contract specifications, threatens or uses abusive language while at a work area/site, or is otherwise unsatisfactory, shall be removed immediately from work under this contract upon request of the City.

Persons not employees of the Contractor (i.e., spouse, children, brother, sister, friends, etc.) shall not be allowed within the immediate work area during the performance of services under this contract.

5‐1.03.1 Damage to Improvements and Protection of Property

The contractor, in the course of performing the specified work, shall be responsible to report to the City Representative any trees which appear to be in a hazardous condition or state.

Should any portion of the work list be unclear, Contractor shall immediately contact the City Representative for clarification.

Contractor shall be held responsible for the preservation and protection of all public and private property and improvements adjacent to the work area and shall exercise due caution to avoid and prevent any damage to adjacent property and/or improvements. Should any direct or indirect damage or injury result to any public or private property or to any person(s) encountered in the course of work on account of any act, omission, neglect, or misconduct in the execution of the work, or as a consequence of non‐execution thereof on the part of the Contractor or any of their employees or agent, such property or person shall be restored and made whole at the expense of the contractor, and subject to approval by the City Representative.

Where personal property may be affected by Contractor's operations that the Contractor cannot effectively protect, Contractor shall notify the potentially affected property owner(s) prior to the operations so that steps can be taken to protect the personal property. Contractor shall notify City within 24 hours of any damage to any City or private amenities/improvements/property caused by Contractor.

Contractor shall take all reasonable measures to prevent accidental spills of fuel or oil for Contractor's equipment. In the event of such spill, immediately remove all spilled material, properly dispose of the spilled material and any material used in clean‐up/absorption of the spilled material, and, if necessary, notify the proper authorities in accordance with applicable law.


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5‐1.03.2 Inventory of Tools, Equipment, and Materials

Contractor shall have adequate inventory of tools, equipment and materials used in the performance of this contract. Contractor shall provide all supplies necessary to accomplish the required services.

5‐1.03.3 Disposal of Material

Contractor shall legally dispose of all waste material generated. Contractor shall provide a monthly report of the amount in tons of material disposed and where the material was disposed.

5‐1.03.4 Safety

Contractor shall be solely responsible for the safety and welfare of all Contractors' personnel performing work under this contract as well as the general public. Contractor is solely responsible for advising and educating all personnel to the health hazards associated with this work prior to personnel commencing work under this contract.

All work shall be performed with the utmost concern for safety of both the public and the workers. Where necessary, contractor shall barricade or temporarily close to the public those areas that are being serviced and the contractor shall be responsible for any necessary traffic control in compliance with City and/or CalTrans standards, subject to review and approval by the City Traffic Engineer or other City representative.

5‐1.03.5 Illness and Injury Prevention Program:

Contractor shall have an Illness and Injury Prevention Program. Contractor shall submit a copy of the Illness and Injury Prevention Program manual with the initial project schedule.

5‐1.03.6 Harassment Policy:

Contractor shall have a written policy that at a minimum prohibits harassment and discrimination in employment on the basis of race, religion, color, national origin, ancestry, disability, marital status, pregnancy, medical condition, gender, sexual


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orientation, political affiliation, age, or any other category or attribute as consistent with state or federal law. The prohibition applies to all officers and employees of the Contractor and their interaction with City personnel and the members of the public encountered during the course of Contractor's work. Contractor's policy shall at a minimum be comparable to the City of Stockton City Manager Administrative Directive HR‐15 Discrimination and Harassment Policy attached to the “Notice Inviting Bids, Instructions to Bidders, Special Provisions” document as Exhibit ‘B’. Contractor shall submit a copy of their policy with their bid.

The policy shall apply to all aspects, including, but not limited to, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation, and training.

All allegations of harassment shall be investigated promptly by the Contractor. If it is determined that harassment has occurred, Contractor is responsible to ensure remedial action is taken. Such action may include disciplinary actions up to and including termination. In addition, under applicable law, individual supervisors and employees may be subject to personal liability and/or punitive damages in any litigation arising as a result of such conduct.

Contractor is responsible and shall ensure that any of Contractor's staff who has been determined to have retaliated against or participated in retaliating against any person who has brought forth, in good faith, a complaint of harassment, or any employee who retaliates against any person who participates in an investigation of any such complaint is disciplined, up to and including termination. In addition, under applicable law, individual supervisors and employees may be subject to personal liability and/or punitive damages in any litigation arising as a result of such conduct.

5‐1.03.7 Found Items

Contractor shall ensure that all items of possible personal or monetary value found by Contractor/Contractor's employees are turned in to the City representative.

5‐1.03.8 Key Control

Contractor shall ensure all keys and security codes issued to Contractor are not lost or misplaced and are not used by unauthorized persons. No keys issued to Contractor shall be duplicated. Contractor shall have a written key control program available to the City upon request.


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5‐1.04 SCOPE OF WORK

Work will generally consist of tree and stump removal services in various locations within the City of Stockton. It is expected that the Contractor will provide the highest level of quality in tree services compatible with the International Society of Arboriculture Standards and Practices and modern techniques accepted by the Society.

5‐1.04.1 Hours and Days of Work

All work using equipment powered by an internal combustion engine, including, but not limited to, chain saws, blowers, chippers, and any other heavy equipment, is expected to be performed between the hours of 8:00 a.m. and 4:00 p.m.

Should the Contractor choose to work on a Saturday, Sunday, or on a holiday recognized by the labor unions, and that work requires inspection or supervision by the City of Stockton (the City) and/or the Tree Supervisor/City Representative, the Contractor shall reimburse the actual costs of inspection and supervision and/or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the City, reimbursement will not be required.

5‐1.04.2 Removal Notice and Tree Removals

The property owner for each tree removal location shall receive at least five (5) working days written notice prior to tree removal. It shall be the responsibility of the contractor to provide such notice. Trees shall be removed in their entirety, including stump and stump grinding.

Stump shall be ground to a minimum depth of 18” or as deep as required to completely remove the entire stump, whichever is deeper.

Roots within 18” of the stump shall be removed in their entirety.

Trees shall be progressively cut down rather than felled.

The contractor shall have all locations surveyed for underground utilities (USA North Underground Survey, 1‐800‐227‐2600) prior to removal.


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All surface roots within three (3) feet of the sidewalk shall be removed.

Contractor shall protect the adjacent lawn areas. Contractor will be responsible for the repair of any ruts or other damage caused by his actions during the execution of this contract.

The void created during the tree removal process shall be backfilled the same day the tree is removed. Contractor shall provide proper precautions to ensure public safety until all work is completed at each tree location.

50% sandy loam and ground wood chips from the tree and stump removal shall be used to backfill the void leaving a two (2) to three (3) inch mound to allow for settling. All extra grindings shall become the property of the contractor whom shall be responsible for its proper disposal.

5‐1.04.3 Site Cleanup

The contractor shall leave the work area raked and swept clean and in an orderly condition before moving to the next work area. Site cleanup shall be completed immediately after each tree and stump removal has been completed. All logs, branches, twigs, wood chips, leaves, wood dust or any other plant materials or any other materials generated during the job shall be removed from the work area before leaving. All subject to the satisfaction of the City representative.


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SECTION 6 – BLANK


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SECTION 7 – LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

7‐1.01 PUBLIC CONVENIENCE

Contractor’s attention is directed to Section 12‐1.02, “Maintaining Traffic” of these Special Provisions.

The Contractor shall notify San Joaquin Regional Transit District (SJRTD) (dispatcher (209) 948‐0642) a minimum of five (5) working days prior beginning Work. Contractor shall coordinate with SJRTD if any bus stops and bus routes are affected.

Full compensation for conforming to the provisions in this section shall be considered as included in prices paid for the various contract items of work involved, and no additional compensation will be allowed therefore.

7‐1.02 PUBLIC SAFETY

The Contractor’s attention is directed to Section 12‐1.02, “Maintaining Traffic” of these Special Provisions. Nothing in the specifications voids the Contractor’s public safety responsibilities.

All safety devices, their maintenance, and use shall conform to the latest requirements of OSHA and shall conform to the applicable provisions of Part 6 "Temporary Traffic Control", latest MUTCD California Supplement, the current edition of the “Manual on Uniform Traffic Control Devices (MUTCD)” and the latest “Work Area Traffic Control Handbook (WATCH)”. It shall be the complete responsibility of the Contractor to protect persons from injury and to avoid property damage.' Adequate barricades, construction signs, flashers, and other such safety devices, as required, shall be placed and maintained during the progress of the construction work, until the project is completed. Whenever required, flagmen shall be provided to control traffic.

The Contractor shall provide for the proper routing of vehicles, bicyclists, and pedestrians in a manner that will hold congestion and delay of such traffic to practicable minimum by furnishing, installing, and maintaining all necessary temporary signs, barricades, and other devices and facilities, as approved by the City Traffic Engineer or the City Representative. As the work progresses, the Contractor shall relocate, such devices and facilities as necessary to maintain proper routing. The Contractor shall maintain Americans with Disabilities Act (ADA) compliance through the work site (or approved alternate route) at all times during all phases of construction.

Full compensation for furnishing, installing, moving, and removing of all necessary traffic control devices including, but not limited to, signing, striping, barricades, arrow boards, CMS, and flagging shall be included in the contract prices for “Traffic Control” and no additional compensation will be allowed therefore. Section 12‐1.04, "Payment,” of the Caltrans Specifications is deleted.


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SECTION 8 – BLANK


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SECTION 9 – PAYMENT

9‐1.01 PAYMENT

Payment requests shall be submitted monthly. Contract work done for the month will be paid for in arrears. Invoices for the month’s service will be approved for payment once all required reports are received. Once an invoice is approved for payment, Accounts Payable typically issues a check within 30 days.

With the monthly billing Contractor shall provide monthly reports as detailed in Section 10‐1.03 “Submittals and Inspections”.

Invoices submitted without all reports will not be processed for payment until all reports are received.

The City reserves the right to pay only on a prorated basis for actual tree services completed for the month.

Work not performed will be deducted from Contractor's invoice according to Section 9‐1.02 “Payments Withheld”.

9‐1.02 PAYMENTS WITHHELD

Payment may be withheld to such extent as may be necessary to protect the City from loss including, but not limited to, the following reasons:

A. Defective work. B. Work not performed. C. Incomplete/partially completed work. D. Not submitting required reports. E. Contractor caused damage to property that has not been repaired. F. Failure of the Contractor to make payments to subcontractors or suppliers for

material and labor.

If part or all of Contractor's monthly payment must be withheld due to defective work, work not performed and/or incomplete work, failure to submit required reports, and/or failure of the Contractor to make payments to subcontractors or suppliers for material and labor, in addition to any deduction for non‐performance, an additional $250.00 will be deducted to offset City costs to process the reduction.


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DIVISION II – GENERAL CONSTRUCTION

SECTION 10 – GENERAL

10‐1.01 STANDARDS OF PERFORMANCE

All other portions of these special provisions notwithstanding, it is intent of these special provisions that, at a minimum, the Contractor adhere to them to the satisfaction of the Public Works Director or Designee(s). It is the intent to call for the highest level of quality in tree services compatible with the International Society of Arboriculture Standards and Practices and modern techniques accepted by the industry.

Contractor shall have adequate equipment and employ adequate staff to accomplish the work specified. All work shall be performed with the utmost concern for safety of both the workers and the public. If requested by the City representative, the Contractor shall submit project references with contact information as well as a list of projects demonstrating relevant experience. Relevant experience shall include, but not be limited to, having performed similar tree services to those as described herein. Each employee of the Contractor shall wear a uniform that has been approved by the City Representative which clearly identifies the Contractor's company and the employee. Such uniform shall be consistent for all workers and shall be worn at all times while performing work as per this contract document. Said uniform shall be kept in a neat and orderly manner.

Any vehicles used by the Contractor or those persons representing the Contractor's company, shall be in proper working order and in a good state of repair, and shall clearly present the Contractor's company name, address, and telephone number of local office.

10‐1.02 WORKMANSHIP

Contractor shall perform work to the satisfaction of the Public Works Director or Designee(s). The Contractor shall cooperate with the Public Works Director or Designee(s) to enable determination of contract compliance. If any work does not meet the standards specified, the Contractor will be responsible for correcting such deficiencies within five (5) working days after notification or as directed by the Public Works Director or Designee(s). Corrections shall be at no additional cost to the City of Stockton. If necessary, Contractor is expected to use additional personnel for corrections. There shall be no delay of regular maintenance to complete corrections.


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10‐1.02.1 Quality Control

Contractor shall have a quality control program and shall submit a copy of the program with the initial project schedule.

10‐1.03 SUBMITTALS AND INSPECTIONS

Within five (5) working days of receiving a Notice to Proceed from the City of Stockton, the contractor shall provide a schedule to the City representative indicating the proposed date for the start of work and the proposed starting location. Contractor will not be allowed to commence work until a work schedule is submitted. Should Contractor wish to later modify this schedule, a written request must be submitted to and approved by the City Representative prior to the revised schedule becoming effective.

The Public Works Representative will conduct regular inspections of Contractor's work. Monthly, the Public Works Representative shall meet with Contractor to evaluate Contractor's services. During such meetings, the Contractor's past billings may be reviewed for compliance with the contract.

Contractor shall provide the Public Works Representative the following reports attached to the monthly progress billings:

A) Report of any problems encountered.

B) Waste disposal report submitted electronically in an Excel spreadsheet or other comparable program that is compatible with City software. Report shall include the amount of material, type of material and where material was disposed and shall include copies of the disposal tickets/receipts.

C) Local Employment Ordinance Report

10‐1.04 MEETINGS

Upon award of the contract and before initial start of work, the Contractor shall contact the City Project Manager at (209) 937‐8283 for a pre‐job meeting.

At least once (1) each month, Contractor shall meet with the City Project Manager. The purpose of the meeting is to review the status of the tree removals, conformance of the


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work to the specifications, contractor’s work schedule, locations that need special attention or correction, and any difficulties contractor may be experiencing. Failure to be available to meet with the Tree Supervisor on a monthly basis will constitute a breach of contract. During this meeting, Contractor is expected to report any and all hazardous or potentially hazardous conditions that may exist or that pose a potential threat to public health or safety. Said reporting shall be done even if correction of the condition is not within the scope of service required of the Contractor.

10‐1.05 QUANTITIES

The following estimate of the quantities of work to be done annually and materials to be furnished are

approximate only and are intended as a basis for the comparison of bids. The City does not expressly or

by implications agree that the actual amount of work will correspond therewith, but reserves the right

to increase or decrease the amount of any class or portion of the work without increase or decrease in

the unit price bid or to omit portions of the work that may be deemed necessary or expedient by the

Engineer. Actual quantity of the work will depend upon the project budget and other considerations and

constraints.

Item Description Unit Qty Unit price

Total Price

1 Tree with Tree Stump Removal (">" = trunk diameter at breast height (dbh) that is greater than

13" to 16" dbh 10

2 >16" to 20" dbh 70

3

>20" to 24" dbh 60

4

>24" to 28" dbh 30

5

>28" to 30" dbh 15

6

>30" to 32" dbh 6

7

>32" to 34" dbh 4

8

I

>34" dbh 2

9

>35" dbh 2

10

>36"dbh 1

11

>37" to 38" dbh 1


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Total (Items 1 through 11)

Bid Form to be completed separately.

SECTION 11 – BLANK


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SECTION 12 – TEMPORARY TRAFFIC CONTROL

12‐1.01 MAINTAINING TRAFFIC

Attention is directed to Sections 7‐1.03, "Public Convenience,” 7‐1.04, "Public Safety,” and 12, "Temporary Traffic Control,” of the Caltrans Specifications, 10‐1.01, "Standards of Performance,” of these Special Provisions. Nothing in these Special Provisions shall be construed as relieving the Contractor from the responsibilities specified in these sections.

The Contractor shall furnish, and maintain in good working order, all barricades, arrow boards, CMS, and flashers, and provide flaggers as necessary to protect pedestrians and vehicular traffic.

The Contractor shall furnish and maintain all barricades, arrow boards, CMS, flashers, and any detour signs twenty‐four (24) hours a day, including covering or removing signs during non‐construction hours.

The Contractor shall provide adequate and continuous ingress and egress for all adjacent properties, except for the limited period of time it is necessary to perform work at a specific property. The Contractor shall diligently prosecute all work directly impacting businesses to completion. The Contractor shall coordinate limited closures with tenants or owners, as required by these Special Provisions, and as directed by the Engineer.

The "Traffic Control Plan" shall conform to the typical traffic control details included in the requirements of Section 12‐1.02, "Traffic Control System for Lane and Road Closure,” of these Special Provisions. The Temporary Traffic Control Plan shall include, but not be limited to, detailed requirements for the following:

Traffic control devices, including signs and markings.

Construction detour routes, phasing and/or staging of both the roadway and sidewalk areas.

Employee, Customer, and Business/Delivery access to adjacent property.

Emergency vehicles access.

Bus, refuse collection, and mail delivery access.

Any parking zones to be removed on a temporary basis.

Any temporary "No Parking" zones.

Pedestrian and bicyclist access.

The “Temporary Traffic Control Plan” shall consider the impacts of changes in traffic volumes and capacities related to the construction activities, and their impact on vehicular and bicycle traffic and pedestrian operations, on roadway pavements, including provisions to restore construction‐damaged pavements.

Traffic Lane and Sidewalk Closures

Lanes and sidewalks may be closed only as indicated in this section, "Maintaining Traffic,” of these Special Provisions. Except for work required under Sections 7‐1.03, “Public Convenience”


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and 7‐1.04, “Public Safety” of Caltrans Specifications, work that interferes with public traffic shall be performed only as indicated. Traffic lane and sidewalk closures shall conform to the following requirements:

Lane closure, a maximum of one lane in each direction of travel and not more than twelve (12) feet wide, shall be permitted only between the hours of 9 a.m. and 3:30 p.m. Any other lane closure shall be approved by the City Representative.

Standard working hours shall be 8 a.m. to 4 p.m. Any extended working hours require the approval of the City Representative.

Personal vehicles of the Contractor's employees shall not be parked on the traveled way or shoulders, including any section closed to public traffic.

Adequate ingress and egress shall be maintained throughout the project limits for fire, police, and other emergency vehicles. The Contractor shall provide adequate ingress and egress for residences, property owners, and abutting business owners to their respective properties except when performing work at their specific locations.

Also, the Contractor shall provide adequate signing, barricades and flashers or portable flashing beacons, flaggers, and other equipment and personnel necessary to adequately control and direct traffic in a safe manner. The Contractor shall maintain all barricades, flashers and detour signs twenty‐four (24) hours a day, including covering signs during non‐construction hours. The Contractor shall also provide the City with the names and telephone numbers of three (3) representatives available at all times.

Whenever Contractor's vehicles or equipment are parked within six (6) feet of a traffic lane, the area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the traffic lane at twenty‐five (25) foot intervals to a point not less than twenty‐five (25) feet past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A W20‐1 (Road Work Ahead) sign shall be mounted on a portable sign stand with flags. The sign shall be placed where directed by the Engineer.

Except as otherwise allowed by the City Representative, ”long term” and temporary closures shall be removed and the full width of the traveled way shall be open for use by public traffic when construction operations are not actively in progress during the working period or successive working periods.

The Contractor shall provide for pedestrian and wheelchair access to at least one (1) intersection corner within each block and the abutting sidewalk facilities along each block, at all times. Simultaneous closure of both intersection corners to pedestrian traffic within the same block is not allowed.

The Contractor shall maintain at least one (1) north/south crosswalk and one (1) east/west crosswalk open to pedestrian and wheelchair access, where it exists, at each intersection at all times.

Attention is directed to Part 6 of the California MUTCD. Nothing in these Special Provisions shall be construed as relieving the Contractor from his responsibility as provided in Part 6 of California MUTCD.


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Full compensation for furnishing, installing, moving, removing, and all the necessary traffic control devices including, but not limited to, the necessary signs, striping, barricades, and flagging shall be included in the contract prices paid for the various items of work of the bid schedule, and no additional compensation will be allowed therefore.

Maintaining Pedestrian Access

Means of passage of pedestrian traffic around and through the work area shall be provided at all times. Path of travel shall comply with Americans with Disabilities Act (ADA) regulations.

The Contractor shall cause the least possible disruption to the affected properties and restore suitable pedestrian access immediately following completion of the active work in progress.

At least one (1) continuous ADA accessible walkway along one (1) side of the street shall be available at all times. At locations where work is actively in progress, the pedestrian walkway within a single block may temporarily be closed at one (1) end of the block along one (1) side of the street. Pedestrians shall be rerouted to the walkway on the opposite side of the street.

Minor deviations from the requirements of this section, which do not significantly change the cost of the work, may be permitted upon the written request of the Contractor if, in the opinion of the City Representative, public traffic will be better served and the work expedited. These deviations shall not be adopted by the Contractor until the Engineer has approved them in writing. All other modifications will be made by contract change order.

Full compensation for furnishing a temporary traffic control plan, furnishing, installing, maintaining, and removing all components of the required traffic control system, traffic lane and sidewalk closures, temporary pavement delineation, maintaining driveway and pedestrian traffic, and for maintaining traffic as specified in the plans and these Special Provisions, and as directed by the Engineer, shall be included in the contract prices for “Traffic Control” and no additional compensation will be allowed therefore.

12‐1.02 TRAFFIC CONTROL SYSTEM FOR LANE AND ROAD CLOSURE

A traffic control system shall consist of closing traffic lanes and ramps in accordance with the provisions of Section 12, "Temporary Traffic Control,” of the Caltrans Specifications, the provisions under "Public Safety,” "Maintaining Traffic,” and "Construction Area Signs" elsewhere in these Special Provisions.

The provisions in this section will not relieve the Contractor from the responsibility to provide additional devices or take the measures that may be necessary to comply with the provisions in Section 7‐1.04, "Public Safety,” of the Caltrans Specifications and these Special Provisions.

Traffic shall be controlled with stationary type lane closures. The Contractor's attention is directed to the provisions in section 81‐3, "Pavement Markers,” of the Caltrans Specifications. If any component in the traffic control system is displaced or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair the component to its original condition or replace the component and shall restore the component to its original location.

When lane closures are made for work periods only, at the end of each work period, all components of the traffic control system, except portable delineators placed along open


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trenches or excavation adjacent to the traveled way shall be removed from the traveled way and shoulder. If the Contractor so elects, the components may be stored at selected central locations, approved by the Engineer, within the limits of the highway right‐of‐way.

Each vehicle used to place, maintain, and remove components of a traffic control system shall be equipped with a Type II flashing arrow sign, which shall be in operation when the vehicle is being used for placing, maintaining, or removing the components. Vehicles equipped with Type II flashing arrow signs not involved in placing, maintaining, or removing the components when operated within a stationary type lane closure shall only display the caution display mode. The sign shall be controllable by the operator of the vehicle while the vehicle is in motion. The flashing arrow sign shown on the plans shall not be used on the vehicles which are doing the placing, maintaining, and removing of components of a traffic control system, and shall be in place before a lane closure requiring its use is completed.

Section 12‐1.04, ”Payment” of the Caltrans Specifications is amended as follows: "The Contractor shall pay fully the cost of furnishing all flaggers, including transporting flaggers, to provide for passage of public traffic."

Attention is directed to Part 6, “Temporary Traffic Control,” of the California MUTCD.

Nothing in these Special Provisions shall be construed as relieving the Contractor from his responsibility as provided in Part 6 of California MUTCD.

Full compensation for furnishing all labor (including flagging costs), materials, signs, arrow boards, CMS, tools, equipment, and incidentals, and for doing all the work involved in lane closures, including placing, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as specified in the Caltrans Specifications and these Special Provisions and as directed by the Engineer, shall be included in the contract “Traffic Control”, and no additional compensation will be allowed therefore.

The adjustment provisions in Section 4‐1.05A, "Changes and Extra Work ‐ General,” of the Standard Specifications shall not apply to the item of traffic control system. Adjustments in compensation for traffic control system will be made only for an increased or decreased traffic control system required by changes ordered by the Engineer and will be made on the basis of the cost of the increased or decreased traffic control necessary. The adjustment will be made on a force account basis as provided in Section 9‐1.04, "Force Account,” of the Caltrans Specifications for increased work and estimated on the same basis in the case of decreased work.

Traffic control system required by work which is classed as extra work, as provided in Section 4‐1.05, ”Changes and Extra Work,” of the Caltrans Specifications, will be paid for as a part of the extra work.


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