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HomeMy WebLinkAboutResolution - 6224 - Agreement - Asplundh Tree Expert Company - Tree Trimming Services - 03_11_1999Resolution No. 6224 Item No. 19 March 11, 1999 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement between the City of Lubbock and Asplundh Tree Expert Company to perform tree trimming services. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council this 11th day of March 1999. DY AIATMYOR ATZL Kaytl c Parnell City e etary APPROVED AS TO CONTENT: Pdul Thompson LP&L Director APPROVED AS TO FORM: s William de Haas Competition and Contracts Manager/Attorney JMK:cp Cilymt JohnlAspltimdlt.kcs March 2, 1999 Resolution No. 6224 Item No. 19 March 11, 1999 AGREEMENT This Agreement effective March 11 . 1999 is by and between the CITY OF LUBBOCK, TEXAS acting through LUBBOCK POWER AND LIGHT (CITY) and ASPLUNDH TREE EXPERT COMPANY (Contractor). WITNESSETH: WHEREAS, the City of Lubbock desires to obtain tree trimming services: and WHEREAS, Contractor has the expertise, manpower and equipment to perform tree trimming services and is willing to undertake obligations therefore to the City of Lubbock as Herein set forth. NOW, THEREFORE, the parties hereto agree as follows: ARTICLE I. TERM The term of this Agreement shall be for one (1) year and shall begin on the I'` day of January, 1999, and terminate on the 3 1 " day of December, 1999. The term may be extended for (2) one (1) year terms upon the same terms and conditions contained herein. Any extension of this Agreement granted pursuant to this Article shall be in writing and signed by the CONTRACTOR and CITY. ARTICLE I1. COMPENSATION a. The CONTRACTOR agrees to submit to the CITY weekly itemized invoices based upon the information contained in the daily time sheet and prepared in accordance with the schedules attached hereto as attachment "A" setting forth rates for each labor. material, and equipment item. The schedule(s) shall constitute a part of this agreement and may be revised at any time by mutual consent. b. The CITY agrees to pay for the work provided herein to be done and materials and equipment provided herein to be used in accordance with the attached rate schedule(s). Invoices received by the CITY shall be paid as soon as it has a reasonable opportunity to satisfy itself that the work covered by such invoices has been performed in accordance with the terms of this agreement. 1 Tree Trimming Contract, City of Lubbock and Asplundh Tree Expert Company C. The CITY shall not reimburse the CONTRACTOR for fees paid to inspectors unless prior written approval for the payment of such fees has been obtained by the CONTRACTOR from the CITY. ARTICLE III. TERMINATION Should the CONTRACTOR fail to carry out the work to the satisfaction of the CITY, or to comply with any of the provisions of this agreement, the CITY may terminate this agreement upon 24 hours' written notice to the CONTRACTOR. ARTICLE IV. SCOPE OF WORK 1. The CONTRACTOR agrees to furnish all supervision, labor, tools, transportation, equipment, and materials necessary to trim and/or remove trees interfering with the CITY'S (Lubbock Power and Light) power lines, to curt and/or chemically treat brush, weeds, and undergrowth on the CITY'S right-of-ways and/or substation areas, and to properly dispose of the debris resulting from such work, as directed by the CITY. The CITY requires one (1) 2 man crew with one aerial truck with dump bed and chipper and one (1) 4 man crew with one aerial truck with dump bed, and one (1) non -aerial split dump truck with chipper and one pickup for the daily work that is to be performed, 2. a. The CONTRACTOR agrees, subject to the provisions of paragraph c of this section, to secure all permits and licenses of a temporary nature necessary for the execution of the work to be performed hereunder and to 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 CITY. b. The CONTRACTOR agrees to obtain consent or permission for the necessary work from the property owner and public authorities having ownership or control over each tree to be trimmed or removed and/or all property to be cleared or sprayed. Permissions for tree removals shall be obtained in writing. Whenever permission to do any work cannot be obtained, such work shall not be done. and all such omissions shall be promptly reported to the CITY. No further actions shall be taken in such cases, except upon the mutual agreement of the parties hereto. 2 Tree Trimming Contract, City of Lubbock and Asplundh Tree Expert Company The CITY 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. The CONTRACTOR agrees to perform all work to the complete satisfaction of the CITY and in accordance with all municipal, county, state, and other local laws, ordinances, and regulations applicable to said work. All work shall be performed in accordance with standard principles established for such work and in accordance with such of the following as may be applicable: a. All tree trimming shall be done so as to obtain maximum tree to electric line clearance (10 ft minimum) with the regard to current and future tree health and symmetry and conformity with permissions obtained. Wherever practicable and permissible, all dangerous overhanging limbs shall be removed. b. Wherever practical and permissible, dead or defective trees and fast growing weed trees located so as to be a hazard to the CITY'S lines shall be removed. All trees removed (except those removed in connections with right-of-way cutting) shall be cut flush with the ground line, unless otherwise specified by the property owner or public authorities. C. All trees and brush removed in right-of-way cutting shall be cut to within 3" of the ground line. Logs shall be disposed of as designated in the permit or shall be placed along the outer edge of the right-of-way. Brush shall be removed from the right-of-way or otherwise disposed of as designated in the permit. d. Materials and methods to be used for all chemical treatment work shall be mutually determined by the parties hereto. The CONTRACTOR makes no warranty as to the results of any work of an experimental nature or of any work required to be done using materials or methods which are not considered standard. All applicable EPA and environmental regulations shall be followed by the CONTRACTOR with copies of MSDS sheets located at both the CONTRACTOR'S and CITY'S premises. The CONTRACTOR shall have (lie right to omit any portion of a line, when in its opinion, damage to crops, orchards, or ornamental plantings is likely to result. All such omissions shall be reported to the CITY, and no further action shall be taken except upon mutual agreement of the parties hereto. 4. The CONTRACTOR agrees that its personnel and equipment shall at all times present a neat appearance, and all work shall be done, and all complaints promptly handled by the CONTRACTOR. Tree Trimming Contract, City of Lubbock and Asplundh 'free Expert Company 5. a. The CONTRACTOR agrees that complaints of any nature received from property owners or public authorities shall receive immediate attention and that all efforts shall be made to effect a prompt adjustment. A pager and mobile telephone numbers shall be provided to the CITY to allow immediate 24 hour response by the CONTRACTOR. CONTRACTOR shall respond to all calls from CITY twenty four (24) hours a day seven (7) days a week. All complaints, and any action taken by the CONTRACTOR in connection with such complaints, shall be reported to the CITY. b. It is understood that the CONTRACTOR does not represent the CITY and has no authority to obligate the CITY for payment for benefit of any kind to any person. b. The CONTRACTOR agrees to keep the necessary guards and protective devices at locations where work is being performed to prevent accidents to the public or damage to the property of the CITY or public. 7. The CONTRACTOR agrees to secure from the CITY information as to the nature of the electrical circuits involved in all cases before work is commenced. It is understood by and between parties that the electric circuits of the CITY are to continue in normal operation during work, and that the CONTRACTOR is to provide and use all protective equipment necessary for the protection of the CONTRACTOR'S employees and to guard against interfering with the normal operation of said electrical circuits. 8. The CONTRACTOR agrees to furnish to the CITY, or its representative, carefully prepared daily time sheets showing the nature, amount, and locations of work performed, together with the number of man-hours and equipment hours involved, the quantities of material used, the number of trees trimmed and removed, the number of acres of spans cut or chemically treated, and other pertinent information which may, from time to time, be requested by the CITY. 9. a. The CONTRACTOR agrees to keep the equipment in good repair at all times, providing preventative maintenance where and when required to keep the trucks and equipment in prime condition. The trucks and lifts supplied should be the newest equipment available and shall be in top-notch appearance. All scheduled maintenance such as oil changes must be done Tree Trimming Contract, City of Lubbock and Asplundh Tree Expert Company on the CONTRACTOR'S own time and oil must be properly disposed of at an approved oil drop off site. b. The CONTRACTOR agrees that the trucks and chippers will be parked in the CITY'S yard after working hours (7 days per week) for emergency operations. All vehicles shall have full gas tanks prior to weekends, holidays and inclement weather for expeditious emergency response. 10. The CONTRACTOR shall at all times instruct its employees to observe the same rigid rules of courtesy required of the CITY employees. Any employees of CONTRACTOR who is reasonably deemed to be discourteous or objectionable shall be removed from further performance by CONTRACTOR on demand from LP&L Director, and CONTRACTOR hereby waives any right and all claims for damages against CITY or any of its officers, agents or employees which might occur as a result of the exercise of such authority. 11. The equipment specifications attached hereto as attachment "B" are for the purpose of providing a minimum guide for equipment to be utilized by CONTRACTOR. Any major differences from these specifications on equipment to be used shall be listed out in detail. 12. This Agreement shall begin on January 01, 1999 or on the nearest agreed work date thereafter. Equipment shall be on the,job site, personnel to operate the equipment and work shall begin with three (3) days after execution of this Agreement unless agreed in writing. ARTICLE V. INSURANCE The CONTRACTOR shall maintain insurance at all times that this Agreement is in effect, at CONTRACTOR's sole expense and with an underwriter authorized to do business in the State of Texas and acceptable to the CITY, against claims of general liability, automobile liability and worker's compensation resulting from CONTRACTOR's business activities. General Liability and Auto Liability Insurance — The amount of insurance coverage shall not be less than FIVE HUNDRED THOUSAND AND NO/100 (S500,000.00) for Combined Single Limit General Liability Insurance; or less than THREE HUNDRED THOUSAND AND NO/100 ($300,000A0) for Combined Single Limit Auto Liability Insurance. Tree Trimming Contract, City of Lubbock and Asplundh Tree Expert Company Worker's Compensation and Employers Liability Insurance — Insurance coverage as required by State statute covering all employees whether employed by the CONTRACTOR or any subcontractor on the job with at lease FIVE HUNDRED THOUSAND AND NO/100 ($500,000.00) Employer Liability Coverage. The above mentioned policies shall all include a waiver of subrogation. Certificates of insurance or other satisfactory evidence of insurance shall be filed with the CITY Purchasing Manger prior to start of work by the CONTRACTOR. The General Liability and Auto Liability policies shall name the CITY as an additional insured, require the insurer to notify the CITY Purchasing Manger of any alteration, renewal or cancellation, and remain in frill force and effect until at least ten (10) days after such notice of alteration, renewal or cancellation is received by the CITY Purchasing Manger. ARTICLE VI. INDEPENDENT CONTRACTOR STATUS The CONTRACTOR shall be deemed to be an independent contractor and operator responsible to all parties for its respective acts and omissions, and the CITY shall in no way be responsible therefor. ARTICLE VII. INDEMNITY CONTRACTOR shall indemnify and save harmless the City of Lubbock and its officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any character, type, or description, including without limiting the generality of the foregoing all expenses of litigation, court costs, and attorney's fees for injury or death to a person, or injury to any property, received or sustained by any Person or persons or property, arising out of, or occasioned by, the acts of CONTRACTOR, its agents or employees, in the execution of this Contract. Tree Trimming Contract, City of Lubbock and Asplundh Tree Expert Company ARTICLE VIII. COMPLIANCE WITH APPLICABLE LAWS CONTRACTOR shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations relating, in any way, manner or form, to the activities under this Contract, and any amendments thereto. ARTICLE IX. MISCELLANEOUS a. This agreement shall be binding upon the parties hereto and their heirs, executors, administrators, and assigns. But the CONTRACTOR shall not assign any of its rights or duties under this agreement, or subcontract the whole or any part of the work to be performed hereunder, without first having obtained the written consent of the CITY to such assignment or subcontract. b. The CITY agrees that it shall not unreasonably withhold its consent to any assignment or subcontract. 2. This agreement is not intended to constitute an agreement of hiring under to provisions of any Workers' Compensations or unemployment compensation law, and old age benefit law, or any similar law, and it shall not be so constructed. The CONTRACTOR agrees to accept full and exclusive liability for the payment of contributions or taxes imposed under such laws by the Federal and/or State Government which are measured by remuneration paid to the CONTRACTOR'S employees. EXECUTED as of the effective date hereof. CITY OF LUBBOCK INDY SITION, MAY( R Att . Kayt titary arnell City ASPLUNDH TREE EXPERT COMPANY: RICK HILDEBRANDT General Foreman & Safety Supervisor for the Panhandle Region Tree Trimming Contract, City of Lubbock and Asplundh Tree Expert Company Approved as to Content: 41'e� Aww" I" R-2 -I- aul Thom son LP&L Director Approved as to form: William de Haas Competition and Contracts Manager/Attorney JMK:cp C i tyatVJ ohn/Asp I undh. contract March 1, 1999 Tree Trimming Contract, City of Lubbock and Asplundh Tree Expert Company LUBBOCK POWER AND LIGHT TREE TRIMMING MINIMUM EQUIPMENT SPECIFICATIONS (ATTACHMENT "B") An Asplundh Company model LR 50 fine lift truck or approved equal. Minimum working height in excess of 50 feet above the ground with operator and trimming tool in basket. Trucks shall be equipped with a valve bank to operate outriggers and dump bed from the ground. A total of two valve banks are required to permit operation of lift from the basket or from the ground. The valve bank on the lower mast must have an override control which must be activated before unit can be manipulated. The valve bank on the basket must have a control that must be activated before hydraulic tools can be used. The basket is to have two hydraulic lines leading to it so any hydraulic tool required may be used by a simple hook-up. 2. Truck beds should have adequate tool storage boxes and be litted with a split hydraulic dump bed, enclosed for use to receive direct chipper discharge. The dump bed should have operational controls which permit the dump bed to be operated from the outrigger valve bank - ground position. 3. The fiberglass upper boom should safely handle 350 to 500 lbs. With a filament wound 12 inch fiberglass section in the lower boom for secondary safety. The basket inner liners are to be equipped to safely endure a test of 50,000 Volts. Unit should be of a design which will permit a continuous 360' rotation motivated by its own individual orbit motor. 4. The auxiliary tools furnished to the operators must not have less than: a. One 9-inch hydraulic circular saw with a 6 foot handle pole which cut limbs at least 3 '/4 inches in diameter. b. Hydraulic pruner with a 6 foot insulated pole handle which will cut limbs at least 2 inches in diameter. l lydraulic chain saw which can be handled from the basket that can cut limbs at least 10 to 12 inches in diameter. d. A full complement of manual climbing equipment on each truck which will allow operator to trim or work on service wires in places inaccessible to the lift unit. Tree Trimming Contract, City of Lubbock and Asplundh Tree Expert Company 5. It is desired that the bidder provide a parts department within a 350 mile range of Lubbock, Texas, with adequate parts in stock to prevent excessive down time. The bidder should also have service personnel or firms available with qualifications to provide proper preventative and operational mechanical, electrical, or hydraulic procedures on each unit. 6. The chippers must trail the trimmer trucks and shall be designed to blow chips into the split truck bed as provided. The chippers should be of proper size to handle all the limbs which associated trimming tools are capable of cutting. The chippers should be of good quality, in excellent repair and shall be properly maintained at all times. 7. Trucks furnished shall be in preeminent mechanical condition so that forty hours of tree trimming per week per truck is considered normal and not the exception due to excessive truck repair down tune. In order to maximize the number of trees cut to benefit the CITY. 8. Truck and chippers as well as all other equipment will be parked in the CITY yard after regular working hours, (7 days per week). The bidder is responsible for reading these specifications. failure to identify errors before submitting a bid or to indicate exceptions or to propose alternates in writing at the time of submitting a bid, shall indicate full agreement with these specifications, with the stipulation that the bidder certifies correctness and that the product and services rendered will function and accomplish the purpose indicated by these specifications. Supporting data must be submitted with all request for "approved equal" status. This data shall describe in writing giving all similar features. Other features which may not be compatible with the product or service specifications noted by these documents shall be described also. Graphs, charts, pictures, or other illustrative information must be accompanied with the written exception data in order to be considered. Any cost escalation must be stated in such manner that simple analysis can be made from the base data submitted. Time limits for acceptance of a bid shall also state that an expiration of such time should result in a certain stated increase, the new time and price shall be quoted. 10 Tree Trimming Contract, City of Lubbock and Asplundh Tree Expert Company