BID PACKET FOR COLLINSVILLE ELECTRIC DEPARTMENT HIGH VOLTAGE LINE CLEARANCE TREE TRIMMING AND REMOVAL SERVICES

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1 BID PACKET FOR COLLINSVILLE ELECTRIC DEPARTMENT HIGH VOLTAGE LINE CLEARANCE TREE TRIMMING AND REMOVAL SERVICES CITY OF COLLINSVILLE BID #01-12/13 FEBRUARY 20, 2013 Bid Opening Date: March 13, :00 a.m. at City Hall 106 N. 12 TH Street Collinsville, Ok Herb Weaver Pam Polk Phil Stowell Mayor City Manager Public Works Director

2 CITY OF COLLINSVILLE ELECTRIC DEPARTMENT HIGH VOLTAGE LINE CLEARANCE, TREE TRIMMING AND REMOVAL SERVICES BID # 01-12/13 Notice to Bidders Instructions to Bidders Bid Proposal Bid Bond Anti-Collusion Affidavit Business Relationship Affidavit Notice of No Bid Notice of Contract Award Contract Statutory Bond Performance Bond City Attorney Certificate of Approval of Contract and Bonds Non-Collusion Affidavit Affidavit for Claim or Invoice Notice to Proceed High Voltage Line Clearance Tree Trimming Specifications Tables and Illustrations (Appendix A)

3 NOTICE TO BIDDERS HIGH VOLTAGE LINE CLEARANCE, TREE TRIMMING, AND REMOVAL SERVICES Bid #1-12/13 Acceptable Bidders: Established companies regularly engaged in this type of work with 5 years verifiable experience in trimming and removing trees near energized lines. Bid Bond: 5% bid bond based on the total amount is required. To obtain a bid packet contact: Angela McGinnis, City Clerk, City of Collinsville 106 N. 12 th Collinsville, OK Ph Ext 2013, amcginnis@cityofcollinsville.com To view bid packet contact: Angela McGinnis, City Clerk, Collinsville City Hall To submit a bid: Mail copy of sealed bid documents to: Angela McGinnis, City Clerk City of Collinsville P.O. Box 730 Collinsville, Oklahoma Or Hand or Special Delivery: Angela McGinnis, City Clerk City of Collinsville 106 N. 12 th Street Collinsville, Oklahoma The outside of bid envelope shall be marked with: 1. Name of the Bidder, 2. Bid title and number 3. Date and time of the bid opening. Successful bidder shall provide: 1. Executed contract within 14 days from the date of the notice of bid award 2. Performance Bond 3. Statutory Bond 4. Insurance Certificate 5. Truck dielectric and structural test reports 6. Completed affidavits 3

4 Due Date: Bids must be received on or before 11:00 a.m. on Wednesday, March 13, Public Opening: Bids will be opened at Collinsville City Hall in the Commission Chambers, 106 N. 12 th Street, Collinsville, Oklahoma and read aloud at 11:00 a.m. on Wednesday, March 13, Evaluation/Award: Bids will be referred to the Public Works Director for review and evaluation. The City of Collinsville may award the bid to the lowest responsible bidder ; however, the City of Collinsville reserves the right to reject any or all bids and to waive any technicalities in the bidding process. No bid may be altered, withdrawn, or submitted within 30 days after the date set for the opening of bids. Contract Execution: A contract shall be executed within 60 days. Dated: February 20, 2013 Angela McGinnis City Clerk 4

5 INSTRUCTIONS TO BIDDERS 1. Proposals shall be for supplying all specified equipment and labor necessary to provide tree trimming services in accordance with the Notice to Bidders and more completely described in these bidding documents and contract. 2. Please type or use ink. Each bid proposal submitted must include a completed Bid Proposal, Bid Bond, Anti-Collusion Affidavit and Business Relationship Affidavit. 3. This bid may be awarded by area(s) to separate contractors or for all areas collectively to one contractor. 4. A 5% bid bond based on the total for all areas is required. 5. This bid shall include lump sum quotes for all area(s) provided in the bid proposal. It is the intention of the City that the bidding process for this service only be conducted every three (3) years. It is for this reason that all bidders are required to include amounts for all sections of trimming. 6. Each section of the Bidding or Contract Documents is complimentary to the others, therefore, that which is called for by any one shall be as binding as if called for by all. The Contract shall include all items as listed under the Table of Contents, all of which are bound herein. The Contract, when executed shall be deemed to include the entire agreement between the parties thereto, and the Contractor shall not claim any modification thereof resulting from any misrepresentation or promise made at any time by any officer, agent, or employee of the City, or by any other person. 7. Pre-qualification statements are not required of the Bidders. However, bidders may be requested to submit financial statements subsequent to the opening of bids, together with such other information as may be required to determine that contemplated awardees are fully qualified to receive the award. 8. Prior to the submission of his proposal, the Bidder shall be deemed to have made a careful examination of the Bidding Documents, taking full recognizance of all existing conditions and limitations. The Bidder shall become informed as to the location and nature of the labor conditions, general and local conditions, and any and all other matters that affect performance of equipment furnished and the costs of this Contract in accordance with the true meaning, spirit and intent of these Specifications. In the event the Specifications are not clearly expressed, the Bidder shall consult the Collinsville Electric Department for the required information or explanation before his proposal is submitted. Questions regarding the drawings and electric line locations may be directed to: Don Smalygo Electric Department Supervisor (918) N. 12 th Street Collinsville Oklahoma If any person contemplated submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the specifications, or other proposed contract documents, he may submit to the City a written request for an interpretation thereof. The persons submitting the request shall be responsible for its prompt delivery. Any interpretation of the proposed 5

6 documents will be made only by addendum duly issued and a copy of such addendum will be mailed or delivered to each person receiving a set of such documents. The Electric Department will not be responsible for any verbal explanation or interpretations of the proposed documents. Such requests should be addressed to: City of Collinsville Phil Stowell, Public Works Director 106 N. 12 th St. Collinsville, OK pstowell@cityofcollinsville.com 10. Each bidder shall include, and shall be deemed to have included in his Proposal, the amounts which he has estimated to be payable taxes imposed by any taxing authority upon the sale, purchase, and/or use of materials supplied for, or equipment incorporated into, the Project. The City of Collinsville (City) is a tax exempt agency. If necessary and appropriate, the Successful Bidder shall supply affidavits to be signed by the City, which will declare that fact and allow the bidder not to pay sales tax on materials ultimately to be used by the City. The City will not pay sales tax. 11. Proposals must be submitted on forms provided in the Bidding Documents, together with all supporting documents required. Incomplete submittals or lack of pertinent applicable data shall constitute an incomplete or irregular bid, and shall, therefore, be subject to rejection by the Owner. The entire Bidding Document, as bound, together with descriptive materials shall be delivered to the City Clerk, Collinsville, Oklahoma, in a sealed envelope marked with the title of the contract, contract number, date and hour of the opening of the bids. The proposal must be signed with the full name and post office address of the Bidder. In the case of a partnership, the Proposal must be signed in the firm name by each partner. In the case of a corporation, the Proposal must be signed in the corporate name by a duly authorized officer and the corporate seal affixed and attested by Secretary of the Corporation. 12. Any bid received by the Owner, or any officer or employee thereof, more than ninety-six (96) hours, excluding Saturdays, Sundays, and holidays, before the time set for the opening of bids, shall not be considered by the Owner and shall be returned, unopened, to the Bidder submitting same. 13. The Bidder shall provide all applicable information called for in the bid sheet of the proposal, if a bid sheet is made part of the bid documents. Incomplete data tabulation shall be considered cause for rejection of proposals. The Bidder shall warrant the accuracy of all data listed herein. The Owner will rely on such accuracy as a condition of the Contract. 14. The City is providing no estimate as to the number of trees to be trimmed or as to the volume of work involved. The contractor shall use his own method of making such determination. Each contractor shall fully acquaint himself with conditions relating to the scope and restrictions attending the execution of this contract. The contractor shall thoroughly examine and be familiar with the specifications. It is also expected that the contractor will obtain information concerning the conditions at all locations that may affect his work. The contractor shall make his own determination as to conditions and shall assume all risk and responsibility and shall complete the work in and under conditions he may encounter or create, without extra cost to the City. Tree Removal: The contractor shall remove trees under 4 diameter at breast height (DBH) 6

7 and within five feet (5 ) of the pole centerline, if permitted by the property owner, as a part of this bid. This shall include chemically treating the stumps. Tree Removal (Additional Services): Trees 4 DBH and larger that are hazardous to power lines will be removed if permitted by the property owner and authorized by the Collinsville Electric Department. A separate unit bid price shall be provided for this tree removal. The bid price will include chemically treating the stumps. All trees removed shall be cut off at ground level and the stump sprayed to prevent sprouting or re-growth. If the Collinsville Electric Department desires to remove the stump as well, a stump removal price shall be paid additionally. Spraying (Additional Services): This work must be authorized by the Collinsville Electric Department and will be paid as an additional work item. 15. The attention of all Bidders is called to the Federal, State and Municipal laws, and ordinances in reference to labor, materials, equipment, specifications, proposals or bids, contracts, certified checks, bonds (bidding, performance and statutory), and all other matters pertaining to the relationship between Owner and Contractor. 16. Bid Security (bid bonds or certified checks) of a selected bidder or bidders submitting the proposals selected as first, second and third preferences, if so applicable, will be retained until the contract has been awarded and the Successful Bidder s bonds and other Contract Documents have been approved and executed. They will be returned to the selected bidder or bidders on or within five days after the execution and approval of the contract. The bid security of all other bidders will be returned within ten days after the opening of the bids. 17. The Owner reserves the right to reject any or all bids and to waive any or all minor irregularities and technicalities. Any such irregularities or technical error so waived must be corrected on the proposal on which they occur prior to the execution of any contract to be awarded thereon. 18. Contracts shall be awarded to the lowest and best bidder for each area or for all areas collectively. In determining the lowest and best bidder, in addition to the price, the following factors shall be considered: a. The ability, capacity and skill of the bidder to perform the contract or provide the service required; b. Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference; c. The quality of performance of previous contracts or services; d. The previous and existing compliance by the bidder with the laws and ordinances relating to the contract or services; e. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service. f. The quality, availability and adaptability of supplies or contractual services to the particular use required; 19. In case of failure or neglect on the part of the Successful Bidder to execute the contract and furnish the required contractor s Bond (s) for the full amount of the contract on form and from surety company satisfactory to the Owner within ten days after award of the contract, the Bidder will be considered to have abandoned the proposal and the amount of the certified check required as security for that proposal shall be forfeited to the owner as liquidated damages for such failure or refusal to enter into the contract. The owner may thereupon award the contract to any other bidder. 7

8 20. Coincident with the execution of the Contract, the Successful Bidder shall furnish Surety company performance and statutory bonds which are both good and sufficient. The PERFORMANCE BOND shall guarantee the faithful performance of all the covenants, stipulations, and agreements of the contract. The STATUTORY BOND shall guarantee payment of all bills and obligations arising from the execution of the contract, which bills and obligations might or will in any manner become a claim against the owner. All provisions of the bond shall be complete in full accordance with statutory requirements. Both bonds shall be executed with the proper sureties through a company licensed and qualified to operate in the State of Oklahoma, and approved by the owner. Bonds shall be signed by an agent resident with the State and date of bond shall be the date of execution of the contract. If at any time during the continuance of the contract the surety on the company s bond becomes irresponsible, the owner will have the right to require additional and sufficient sureties which the contractor shall furnish to the satisfaction of the owner within ten (10) days after notice to do so. In default thereof, the contract may be suspended and all payments or money due the contractor withheld. 21. Coincident with the execution of contract, the successful Bidder shall purchase and maintain such contractor s insurance as will protect him from claims set forth below which may arise out of result from the contractor s operation under the contract, whether such operations be by himself or by sub-contractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: 22. The Contractor shall not assign or transfer this contract, nor sublet it as a whole or in part, without the written consent of the owner and of the Surety on the contractor s bond. Such consent of Surety, together with one copy of assignments, shall be filed with the owner. The contractor may not change sub-contractors without the written approval of the owner. No assignment, transfer or subletting, even though consented to, shall relieve the contractor of his liabilities under this contract. Should any assignee fail to perform the work undertaken by him in a satisfactory manner, the owner may at his option, annul and terminate the assignee s contract on this project. 23. The Contract Agreement shall be signed in triplicate by the owner and the contractor. After execution, two (2) copies shall be returned to the contractor and one (1) copy retained by the owner. 24. The owner reserves the right to contract with any person for firm, other than the contractor, for any or all extra work. The contractor s attention is especially called to the fact that he shall not be entitled to any claim for damages or anticipated profits on any portion of the work that may be omitted. 25. Any non-resident Contractor, doing business in the State of Oklahoma, shall register with the Oklahoma Tax Commission, the Oklahoma Employment Security Commission, the State Industrial Court and the County Assessor of each county in which contract work will performed. This must be done prior to commencing work under any contract. 26. The scheduling of the work in this contract shall be dependent upon the schedule set by the Collinsville Electric Department. 8

9 27. The Contractor shall not start work until he is released to do so by the owner. When all of the preliminary requirements of this specification are met and filed with the owner, the owner will inform the Contractor to begin work. The owner will use the following checklist: [ ] Bonds in [ ] Contracts in and signed by all parties [ ] Insurance certificates in and approved by Attorney for Owner [ ] Truck dielectric and structural tests passed and reports provided to CE 9

10 INSURANCE REQUIREMENTS Name of Insured: Description of Work: Location of Work: Type of Insurance Minimum Coverage Expected Dates From Coverage Needed To Workers Compensation Statutory Amount Employers Liability aggregate: Comprehensive General Liability per occurrence: Property Damage: per occurrence Aggregate $ 125,000 $1,000,000 $ 25,000 $ 125,000 Automobile Liability Bodily injury: each person Property damage: each occurrence $ 125,000 $ 25,000 Builder s Risk (If Required) Full Coverage NOTE: This covers all motor-driven vehicles such as cars, trucks, graders, etc. In the event of any material change or cancellation of said policies, the company will give fifteen (15) days written notice to City of Collinsville, Owner. Statements such as, will endeavor and but failure to notify Owner shall impose no obligation or liability of any kind upon the company shall not be allowed. Coverage shall be indicated by checking all boxes applicable. Insurance shall cover any hazards involved with the planned construction. Special coverage for blasting operations shall be listed separately on the certificates. The Owner shall be listed as the certificate holder. The required insurance must be written by a company licensed to do business in the state where the work is located, at the time the policy is issued. In addition, the company must be acceptable to the owner. 10

11 BID PROPOSAL COLLINSVILLE ELECTRIC DEPARTMENT HIGH VOLTAGE LINE CLEARANCE, TREE TRIMMING AND REMOVAL SERVICES Gentlemen: With our submission of this quotation, we acknowledge the following: 1) We have carefully examined the Plans and Specifications for trimming or removing trees near energized overhead electric lines within the Electrical Distribution System of the City of Collinsville, Oklahoma and 2) We are a company that has been regularly engaged in trimming and removing trees near energized electric lines for more than 5 years, and 3) We understand that the rates quoted herein shall be in effect for a period of the award date of this contract, estimated to be March 2013, through February We therefore propose to furnish all the necessary labor, materials, tools and equipment, and hauling to a disposal site to be coordinated with Collinsville Electric Department, together with all other items of cost including insurance, taxes, and supervision, required for the work called for in the Contract as follows: Tree Trimming Services in: 1. Lump Sum Bid for City Northeast (NE) Area: 2. Lump Sum Bid for City Northwest (NW) Area: 3. Lump Sum Bid for City Southeast (SE) Area: 4. Lump Sum Bid for City Southwest (SW) Area : 5. Lump Sum Bid for Items 1 through 4 collectively: The bid for item 5 is not intended to be the sum of items 1 through 4. Item 5 is the collective bid of the contractor to complete the tree trimming in all areas for the City to evaluate any potential cost savings associated to awarding all areas to one contractor. Additional Services (Requires specific approval prior to performing work, bids are lump sum unless noted as hourly): 6. Tree Removal Greater than 4 up to 8 DBH: 7. Tree Removal Greater than 8 up to 12 DBH: 8. Tree Removal Greater than 12 up to 16 DBH: 11

12 9. Tree Removal Greater than 16 up to 20 DBH: 10. Tree Removal Greater than 20 up to 24 DBH: 11. Tree Removal Greater than 24 up to 28 DBH: 12. Tree Removal Greater than 28 up to 32 DBH: 13. Tree Removal Greater than 32 up to 36 DBH: 14. Sprayer Truck (min. 200 gallon spray tank): /hour 15. Stump Grinder /hour Bidder shall list all subcontractors that will be performing work at the job site: The undersigned, as Bidder, declares that he has been regularly engaged in contract tree trimming and removal work in and around energized overhead high-voltage electric lines, as described in the bid documents, for a minimum of five (5) years and that he has performed services of a similar nature for the following utilities for the durations listed. The contractor shall provide reference names and phone numbers for each utility listed. Utility Name Contact Person Years Phone # The bidder understands that it is the intent of the City for the contractor to complete all tree trimming and removal services in each respective area for the lump sum price bid for each, or for all areas collectively for the lump sum bid depending on the area(s) awarded to the contractor. It is the intent of the City for the contractor to choose for use the appropriate bucket truck trim crews or climbing trim crews and to include one (1) permit agent with a pickup truck and cell phone to make arrangements for all trimming and removal activities prior to the arrival of the crews during the contract period. 12

13 It is understood that if the bidder desires to attach his own printed purchase agreement form to the Bidding Documents, that no intent or purpose of such printed form shall be in conflict or be in variance with any part of these Bidding Documents except as specifically outlined in a letter accompanying this Proposal listing all exceptions to these Bidding Documents. Included with this bid packet is documentation of certification and/or training for the trimmers who will be working under this contract. Attached hereto is a bid bond for the sum of 5% of the bid total, as defined in Instructions to Bidders, made payable to the City of Collinsville, Oklahoma. The undersigned agrees that the accompanying bid deposit shall become the property of the Purchaser should the undersigned fail or refuse to execute the contract or to furnish bonds as required by the specifications within the time frame provided. If written notice of the acceptance of this Proposal is mailed, faxed or delivered to the undersigned within thirty (30) days after the date of opening bids, or any time thereafter before this bid is withdrawn, the undersigned will, within ten (10) days after the date of such mailing, faxing, or delivering of such notice, execute and deliver a contract in the form of contract attached. Subject to the terms and conditions of the Contract Documents, the Bidder also understands and agrees to be mobilized and able to start work on or about, 2013 with necessary operating crews and equipment if his Proposal is accepted. Bidder Company Name (typed) Signature of Bidder: Title: Address: Telephone: Fax: Date: 13

14 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,, as Principal, and as Surety, are hereby held and firmly bound unto CITY OF COLLINSVILLE, of TULSA COUNTY, OKLAHOMA, (hereinafter called OWNER ), in the penal sum of DOLLARS ($ ), for the payment of which sum, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. THE CONDITION OF THE ABOVE OBLIGATION is such that, whereas the Principal has submitted to the OWNER a certain BID, attached hereto and made a part hereof, to enter into Contract for the Collinsville Electric Department High Voltage Line Clearance Tree Trimming and Removal Services. THE CONDITION OF THIS OBLIGATION is such that, if the OWNER shall make any award to the BIDDER, according to the terms of the advertised bidding documents of BID, made by the BIDDER therefore, and the BIDDER shall duly make and enter into Contract with the OWNER in accordance with the terms of said BID award and shall, in case of failure to do so, pay to the OWNER damages to which the OWNER may suffer by reason of such failure not exceeding the penalty of this Bond, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect. It being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bonds shall in no way be impaired or affected by any extension of time within which the OWNER may accept such BID. Said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and seals and such of them as are corporations have caused their corporate seals to be hereto affixed, and these presents to be signed by their proper officers, the day and year set forth below. Signed, seal and dated this day of, Principal By: Printed Name and Title Surety By: Printed Name and Title 14

15 ATTEST: (If by Corporation) By: Printed Name and Title (Corporate Seal) Address: (SEAL) Subscribed and sworn to before me this day of, Notary Public 15

16 ANTI-COLLUSION AFFIDAVIT The following affidavit is submitted by Bidder as a part of this bid and proposal: STATE OF OKLAHOMA ) ) SS. COUNTY OF ) The Undersigned deponent, of lawful age, being duly sworn, upon his oath deposes and says: That he has lawful authority to execute the within and foregoing proposal; that he has executed the same by subscribing his name hereto under oath for an on behalf of said bidder; that bidder has not directly or indirectly entered into any agreement, express or implied, with any bidder or bidders, having for its object the controlling of the price or amount of such bid or bids, the limiting of the bids or the bidders, the parceling or farming out to any bid or bidders or other person of any part of the contract or any part of the subject matter of the bid or bids or the profits thereof; and, that he has not and will not divulge the sealed bid to any person whomsoever, except those having a partnership or other financial interest with him in said bid or bids, until after the said sealed bid or bids are opened. Deponent further states that the bidder has not been a party to any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding; or with any City official or employee as to quantity, quality, or price in the prospective contract, or any other terms of said prospective contract; or in any discussion between bidders and any City official concerning exchange of money or other thing of value for special consideration in the letting of a contract; that the bidder/contractor has not paid, given or donated or agreed to pay, give or donate to any officer or employee of The City of Collinsville any money or other thing of value, either directly or indirectly, in the procuring of the award of contract pursuant to this bid. (SEAL) Signed Name of Bidder By Title Subscribed and sworn to before me this day of, Notary Public 16

17 BUSINESS RELATIONSHIPS AFFIDAVIT STATE OF OKLAHOMA ) ) SS. COUNTY OF ), of lawful age, being first duly sworn, on oath, says that (s) he is the agent authorized by the bidder to submit the attached bid. Affiant further states that the nature of any partnership, joint venture, or other business relationship presently in effect or which existed within one (1) year prior to the date of this statement with the architect, engineer, or other party to the project is as follows: Affiant further states that any such business relationship presently in effect or which existed within one (1) year prior to the date of this statement between any officer or director of the bidding company and any officer or director of the architectural or engineering firm or other party to the project is as follows: Affiant further states that the names of all persons having any such business relationships and the positions they hold with their respective companies or firms are as follows: (If none of the business relationships hereinabove mentioned exist, Affiant should so state.) Subscribed and sworn to before me this day of, Notary Public (SEAL) My Commission Expires: 17

18 NOTICE OF NO BID If you do not wish to bid, please complete the following form and return. REASON FOR NO BID: [ ] 1. Cannot comply with specifications [ ] 2. Cannot meet delivery requirements [ ] 3. Cannot identify the item(s) [ ] 4. Do not regularly manufacture or sell the type of item(s) involved [ ] 5. Other [ ] 6. We do [ ], we do not [ ] desire to be retained on the bidders list. Name and address of Firm Signature: Signature: Title: Requested: COLLINSVILLE ELECTRIC DEPARTMENT HIGH VOLTAGE LINE CLEARANCE, TREE TRIMMING AND REMOVAL SERVICES Ref. Bid No: City Clerk 106 N. 12 th St Collinsville, OK

19 NOTICE OF CONTRACT AWARD To: Company: Address: Phone: Project Description: Collinsville Electric Department High Voltage Line Clearance, Tree Trimming and Removal Services The Owner has considered the Bid submitted by you, for the described work, in response to the Advertisement for Bids and in the Information for Bidders. You are hereby notified that your Bid has been accepted for bid items in the amount of $ for the area(s):. If you fail to execute said agreement and furnish applicable bonds and insurance within ten (10) days from the date of this notice, said Owner will be entitled to consider all your rights arising out of the Owner s acceptance of your Bid as abandoned and as a forfeiture of your bid bond. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this day of, CITY OF COLLINSVILLE Owner By: Signature Herb Weaver, Mayor City of Collinsville ACCEPTANCE OF NOTICE Receipt of this Notice of Contract Award is hereby acknowledged by: this day of, I hereby certify that this firm does not appear on the List of Parties excluded from Federal Procurement and Non-Procurement programs, i.e., the list of Debarred Contractors. By: Title: Date: 19

20 CONTRACT THIS CONTRACT AND AGREEMENT make and entered into this day of 2013, by and between The City of Collinsville, party of the first part, hereinafter termed "City" and party of the second part, hereinafter termed "Contractor." WITNESSETH: WHEREAS, The City has caused to be prepared in accordance with law, certain plans, specifications and other bidding documents for the work hereinafter described, and has approved and adopted all of said bidding documents, and has caused Solicitation for Bids to be given and advertised, as required by law, and has received sealed proposals for the furnishing of all labor and materials for the project, as outlined and set out in the bidding documents, and in accordance with the terms and provisions of said Contract; and, WHEREAS, Contractor, in response to said Solicitation for Bids, published in the Collinsville News, submitted to City in the manner and at the time specified, a sealed proposal in accordance with the terms of this Contract; and, WHEREAS, the City, in the manner provided by law, has publicly opened, examined and canvassed the proposals submitted, and has determined and declared the above-named Contractor to be the lowest responsible bidder on the above-described project, and has duly awarded this Contract to said Contractor for the sum of $, for completion of the project in area(s) known as Collinsville Electric Department High Voltage Line Clearance, Tree Trimming and Removal Services. NOW THEREFORE, and in consideration of the mutual agreements and covenants herein contained, the parties to this Contract have agreed, and hereby agree, as follows: 1. The Contractor shall, in a good, and first-class workmanlike manner at their own expense, furnish all labor, materials, tools, equipment, and field surveys to perform and complete said work in strict accordance with this Contract and attached trimming specifications, and the plans adopted and approved by the Council of the City, all of which documents are on file in the Office of the City Clerk of the City, and are made a part of this Contract as fully as if the same were herein set out at length. Contract 1 of 3 2. The City shall make payments to the Contractor in the following manner: On the third Monday of each month, the Contractor shall submit to the Director of Public Works or their authorized representative, a payment request with an estimate of the percentage of the services completed by area(s) and bid items related to additional approved work that have been completed beyond that covered by previous payments. The Contractor shall 20

21 also furnish to the Director/representative such detailed information as they may ask to aid in the preparation of the monthly claim. The claim forms will then be filled out by the Public Works Department, along with any necessary change orders. On the first Monday of the following month, the claim and change order forms will be presented to the City Council for payment approval. 3. Upon completion of the work, but prior to the acceptance thereof by the City, it shall be the duty of the Public Works Director or other appropriate person, to determine that said work has been completely and fully performed in accordance with said Contract Documents; and upon making such determination, said official shall make their final certificate to the City. The Contractor shall furnish proof that all claims and obligations incurred by him/her in connection with the performance of said work, have been fully paid and settled. Said information shall be in the form of an Affidavit, which shall bear the approval of the Surety on the Contract Bonds for payment of the final estimate to the Contractor. Thereupon, the final estimate (including retainages) will be approved and paid. The same shall be in full for all claims, of every kind and description said Contractor may have, by reason of having entered into or arising out of this Contract. 4. The sworn statement of this Contract must be signed by the Contractor, and notarized, before this Contract will become effective. The Contractor shall commence said work within ten (10) days from the date of the Notice to Proceed and perform same vigorously and continuously. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in six duplicate originals, the day and year first above written. Contract 2 of 3 STATE OF OKLAHOMA ) ) SS. COUNTY OF ), of lawful age, being first duly sworn, on oath says that s (he) is the Agent authorized by Contractor to submit the above Contract to the City. Affiant further states that Contractor has not paid, given or donated or agreed to pay, give or donate to any officer or employee of the City any money or other thing of value, either directly or indirectly, in procurement of the Contract. By: 21

22 Title - ATTEST: Printed Name Secretary (SEAL) Subscribed and sworn to before me this day of, (SEAL) Notary Public CITY OF COLLINSVILLE Attest: By: Herb Weaver, Mayor Angela McGinnis, City Clerk (SEAL) 22

23 Contract 3 of 3 STATUTORY BOND WHEREAS, the undersigned,, has entered into a certain Contract dated the day of, 2013, designated and shown as Collinsville Electric Department High Voltage Clearance, Tree Trimming and Removal to be situated on and through the property described in said Contract, including all of the work mentioned and described in said Contract, and to be performed by the undersigned strictly and punctually in accordance with the terms, conditions, drawings and specifications thereof, on file in the office of the City Clerk. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That,, as Principal, and, a corporation organized under the laws of the State of Oklahoma, and authorized under the laws of the State of Oklahoma, as Surety, are held and firmly bound unto the State of Oklahoma, in the penal sum of $ ($ ) lawful money of the United States, for payment of which sum, well and truly to be made, we bind ourselves, our successors, and assigns, jointly and severally, firmly by these presents. NOW THEREFORE, if said Principal shall fail or neglect to properly and promptly complete all work in accordance with the Contract as provided above; or if said Principal shall fail or neglect to pay all indebtedness incurred by said Principal; or subcontractors of said Principal who perform work in the performance of such Contract, for labor, materials, and repairs to, and parts for, equipment used and consumed in the performance of said Contract, within thirty (30) days after the same becomes due and payable, the person, firm or corporation entitled thereto may sue and recover on this Bond the amount so due and unpaid. The Surety, for value received, hereby stipulates and agrees that no charge, extension of time, alteration; or addition to the terms of the Contract; or to the work to be performed thereunder; or the specifications accompanying the same, shall in any way affect its obligation on this Bond. It does hereby waive notice of any such change, extension of time, alteration, addition to the terms of the Contract, to the work to be performed thereunder or the specifications accompanying the same. Statutory Bond 1 Signed, sealed and delivered this day of, 2013 Name of Corporation By: Signature 23

24 (SEAL) Its: Printed Name and Title ATTEST: Secretary (SEAL) Name of Surety Company ATTEST: Attorney-in-Fact (Accompany this Bond with Power-of-Attorney) APPROVED AS TO FORM: Ken Underwood, City Attorney City of Collinsville 24

25 Statutory Bond 2 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, (hereinafter call the "Contractor"), duly authorized by the law to do business as a construction Contractor in the State of Oklahoma, and (hereinafter called the "Surety"), a corporation, organized under the laws of the State of Oklahoma, and authorized to transact business in the State of Oklahoma, as Surety, are hereby held and firmly bound unto the City of Collinsville, Oklahoma, (hereinafter called the "City"), in the penal sum of $, lawful money of the United States, for the payment of which, well and truly to be made unto the said City, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, as follows: THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT, WHEREAS, the Contractor has on the day of, 2013 entered into a written Contract with the City, for furnishing all materials, labor, tools, equipment and transportation necessary for the completion of the project known as Collinsville Electric Department High Voltage Clearance, Tree Trimming and Removal. NOW THEREFORE, if said Contractor shall well and truly perform and complete said project in accordance with said Contract, Notice to Bidders, Instruction to Bidders, Bid Form, Plans and Specifications, and related documents, shall comply with all requirements of the laws of the State of Oklahoma; shall pay as they become due all just claims for work or labor performed and materials furnished in connection with said Contract, and shall defend, indemnify and save harmless said City against any and all liens, encumbrances, damages, claims, demands, expenses, costs and charges of every kind, including patent infringement claims arising out of or in relation to the performance of said work and the provisions of said Contact, then these presents shall be void; otherwise, they shall remain in full force and effect. This obligation is made for the use of said City and also for the use and benefit of all persons who may perform work or labor or furnish any material in the execution of said Contract, and may be sued on thereby in the name of the City. Performance Bond 1 The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, to the work to be performed thereunder or the specifications accompanying same, shall in any way affect its obligation on this Bond. It does hereby waive notice of any such change, extension of time, alteration, 25

26 addition of terms of the contract, to the work or to the specifications. IN TESTIMONY WHEREOF, the parties hereunto have caused the execution hereof as of the day of, 2013 By: Signature Its: Printed Name and Title ATTEST: Secretary (SEAL) Name of Corporation Name of Surety Company ATTEST: Attorney-in-Fact (Accompany this Bond with Power-of-Attorney) APPROVED AS TO FORM: Ken Underwood, City Attorney City of Collinsville 26

27 Performance Bond 2 ATTORNEY S CERTIFICATE OF APPROVAL OF CONTRACT AND BONDS FOR CITY OF COLLINSVILLE I, the undersigned, the fully authorized and acting legal representative for hereby certify as follows: (Name of Contractor), of County, Oklahoma, do I have examined the construction contract between the construction Contractor, and the abovenamed entity, and the surety bonds given by the construction Contractor in connection with the performance of said contract and the manner of execution of the contract and surety bonds, and I am of the opinion that each of the aforesaid agreements have been duly executed by the proper parties thereto, acting through their duly authorized representatives, that said representatives have full power and authority to execute said agreements on behalf of the respective parties named therein and that the foregoing contract and surety bonds constitute valid and legally binding obligations upon the parties executing the same in accordance with the terms, conditions and provisions there. Dated this day of, Attorney County, Oklahoma 27

28 NON-COLLUSION AFFIDAVIT If purchase amount is $25, or more, please sign the Non-Collusion form below and return. (Okla. St. Title 74 Sec 3109) STATE OF OKLAHOMA ) ) SS. COUNTY OF ) of lawful age being first duly sworn says, that s(he) is the Agent authorized by Claimant/Contractor to submit the attached Claim to the City of Collinsville, Oklahoma, and that said Claim is just, true, correct and owing under an executed Contract with City of Collinsville, Oklahoma. Affiant further states that Claimant/Contractor has not paid, given or donated or agreed to pay, give or donate to any officer or employee of City of Collinsville, Oklahoma, any money or other thing of value, either directly or indirectly, in procurement of the Contract under which the attached Claim for payment is submitted. Affiant Print Name Subscribed and sworn before me this day of, (SEAL) Notary, Clerk or Judge 28

29 AFFIDAVIT FOR CLAIM or INVOICE STATE OF OKLAHOMA ) ) SS. COUNTY OF ) The undersigned engineer or supervisory official, of lawful age, being first duly sworn upon oath, states that this invoice, claim or contract is true and correct. Affiant further states that the work, services or materials, as shown by this invoice or claim, have been completed or supplied in accordance with the plans, specifications, orders or requests furnished to the Affiant. Affiant further states that (s)he has not paid, given or donated or agreed to pay, give or donate, either directly or indirectly, to any elected official, officer or employee of the State of Oklahoma any money or any other thing of value to obtain payment or the award of the contract. Affiant, Engineer or other Supervisor Official Subscribed and sworn to before me this day of, (SEAL) Notary Public 29

30 NOTICE TO PROCEED Project Name: Collinsville Electric Department High Voltage Line Clearance, Tree Trimming, and Removal Services. Project Location: Type of Contract: Amount of Contract: You are hereby notified to commence work on the above-referenced contract on or before of, 2013, and fully complete all work of said Contract within consecutive, calendar days thereafter. Your completion date is therefore, day Dated this day of, By: Title: ACCEPTANCE OF NOTICE Receipt of the foregoing Notice to Proceed is hereby acknowledged this day of, By: Title: 30

31 HIGH VOLTAGE LINE CLEARANCE TREE TRIMMING AND REMOVAL SERVICES SPECIFICATIONS The following specifications shall apply to contract tree trimming and removal services for the Collinsville Electric Department. A. General Requirements 1. Qualifications Trimming and removal services are required for trees in electric easements, in public rights-of-way, and near energized overhead electric lines with the exception of service lines within the Electric Distribution System of the City of Collinsville, Oklahoma. Service lines shall be defined as the line extending directly from the utility pole to the individual end user metering point. Only contractors who are regularly employed and actively engaged in trimming and removal services in and around energized high voltage lines shall be considered for this contract. 2. Bid type The City will either employ one contractor for tree trimming services or employ multiple contractors for tree trimming services by area as a result of this bid subject to the bid award of the City. 3. Contractor Experience The contractor shall have been regularly engaged in the business of trimming and removing trees near energized electric lines for more than 5 years. In the bid response, the contractor shall provide a listing of companies, names, and telephone numbers of reference companies to verify this status. 4. Safety Inspection and Vehicle Testing The Collinsville Electric Department requires that the contractor s vehicles meet all current safety requirements. The contractor shall provide test results indicating that its lift trucks have passed dielectric and structural tests within last 12-month period. The trucks shall again be tested on the 12-month anniversary and new certifications provided to the City. Trucks without current certificates shall not be used for work on the Collinsville electric system. Contractor and all of the contractor s employees, vehicles, equipment, and practices shall comply with current OSHA regulations. 5. Training Certification As part of the bid documentation, the contractor shall provide certification that its trimming employees have been trained for trimming work around energized conductors. Training shall be from an International Society of Arboriculture (ISA) approved Line Clearance Certification program. 6. Rate Quotes The quote (s) in this bid document shall be in effect for a period beginning approximately March 2013, and continuing through February Cost To Be Included in Bid Totals This bid request that the contractor provide and furnish all the necessary labor, materials, tools and equipment, together with all other items of cost including insurance, taxes, and 31

32 supervision, required for the work called for in these specifications for the prices quoted. In addition to these services, and as part of the quoted prices, the contractor shall also be responsible for hauling the wood, brush, wood chips, undergrowth and any other vegetation resulting from the contractor s work in performance of this contract to a disposal location. B. Trimming Requirements 1. Services to be Provided The contractor shall furnish all supervision, labor, tools, transportation, equipment, and materials necessary to trim and/or remove trees interfering with the owner s electric lines; and to dispose of the debris resulting from such work, as directed by the owner. 2. Permits, Trimming Consent and Project Coordination a. The contactor shall employ a permit agent who will be the primary contact and project coordinator with the City. The contractor shall secure all permits and licenses of a temporary nature necessary for the prosecution of the work to be performed and pay all charges and fees required for such permits and licenses. Permits, licenses and easements of a permanent nature shall be obtained and paid for by the owner. b. The contractor shall obtain consent or permission for all trimming and removal work from the property owner or the public authorities having ownership or jurisdiction over each tree to be trimmed or removed and/or for all property to be cleared or sprayed. Permissions for tree removals shall be obtained in writing and shall be filed and kept by the contractor for a minimum of 12 months. When permission to do any work cannot be obtained, such work shall not be done and all except upon the mutual agreement of the parties hereto. c. The permit agent shall be primarily responsible for planning and organizing the work for the tree trimming crews, meeting with customers and obtaining permissions slips or permits. Planning should occur a sufficient time before actual removal services begin to allow adequate time for customer contact and to review trees requiring trimming. Use of ledgers, doorknockers, planning sheets, permission slips, etc. should be made and all information should be readily available for review by the City. The permit agent should be aggressive in seeking approval for operations while being customer oriented in answering trimming and removal questions and explaining electric reliability issues related to tree trimming. d. The owner may, if it so elects, obtain any or all permits or licenses itself, in which case it shall do so at its own expense. 3. Work Standards The contractor agrees to perform all work safely, to the complete satisfaction of the owner, and in accordance with municipal, county, state, federal, and other local laws, ordinances, regulations, and standard principles applicable to said work. a. All tree trimming/pruning/clearance shall be done so as to obtain at least minimum clearance according to the Tables and Illustrations provided in 32