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HomeMy WebLinkAboutResolution - 2002-R0013 - Contract For LP&L Tree Trimming - Provco Of Yuba City, CA - 01/10/2002Resolution No. 2002-R0013 January 10, 2002 Item No. 27 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, a contract for LP&L tree trimming - annual pricing, by and between the City of Lubbock and Provco of Yuba City, California, and related documents. Said contract 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 10th day of January , 2002. WINDY SI ON, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Victor Kilmanj Purchasing Manager APPROVED AS TO FORM: William de Haas Contract Manager/Attorney gs:/ccdocs/Contract-Provco.res Dec. 26, 2001 Resolution No. 2002-R0013 January 10, 2002 Item No. 27 LUBBOCK POWER AND LIGHT TREE TRIMMING AGREEMENT FOR 2002 AND 2003 2 Resolution No. 2002-R0013 LUBBOCK POWER AND LIGHT TREE TRIMMING AGREEMENT The CONTRACTOR agrees to furnish all supervision, labor, tools, transportation, equipment, and materials necessary to trim and/or remove trees interfering with the COMPANY'S (Lubbock Power and Light) power lines, to cut and/or chemically treat brush, weeds, and undergrowth on the COMPANY'S right-of-ways and/or substation areas, and to properly dispose of the debris resulting from such work, as directed by the COMPANY. The COMPANY 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, 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 COMPANY. b. The CONTRACTOR agrees to furnish written notice to each property owner and public authority having ownership or control over each tree to be trimmed or removed and/or all property to be cleared or sprayed. Such notice shall be given at least ten (10) business days before work is to commence and at the minimum, provide the following information: ■ The date in which the notice was issued: ■ A summary of the work to be conducted by the Contractor, ■ A contact number and address for the benefit of the property owner and/or public authority; and ■ The utility on whose behalf the Contractor is performing the work. C. The COMPANY 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 COMPANY 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 COMPANY'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 COMPANY'S premises. The CONTRACTOR shall have the right to omit any portion of a line, when in its option, damage to crops, orchards, or ornamental plantings is likely to result. All such omissions shall be reported to the COMPANY, 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 with due regard for the COMPANY'S public relations. 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 must be 4 provided to the COMPANY to allow immediate 24 hour response by the CONTRACTOR. All complaints, and any action taken by the CONTRACTOR in connection with such complaints, shall be reported to the COMPANY. b. It is understood that the CONTRACTOR does not represent the COMPANY and has no authority to obligate the COMPANY for payment for benefit of any kind to any person. 6. 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 COMPANY or public. 7. The CONTRACTOR agrees to secure from the COMPANY 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 COMPANY 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 idemnify, hold harmless, and defend the COMPANY from and against any and all liability for loss, damage, or expense which the COMPANY may suffer or for which the COMPANY may be held liable by reason of any injury (including death) or damage to any property arising out of negligence on the part of the CONTRACTOR or any of its representatives or employees in the execution of the work to be performed hereunder. A CONTRACTOR safety program must be in place to properly train and instruct their employees in the hazards of working close to electric power lines and facilities. 9. The CONTRACTOR agrees to provide Workers' Compensation, Property Damage, and Public Liability Insurance in terms and amounts satisfactory to the COMPANY. Certificates showing that the CONTRACTOR has properly protected itself and the COMPANY by means of such insurance shall be attached hereto and shall form a part of this agreement. 10. The CONTRACTOR agrees to furnish to the COMPANY, 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 COMPANY. 11. a. The CONTRACTOR agrees to submit to the COMPANY weekly itemized invoices based upon the information contained in the daily time sheet and prepared in accordance with the attached schedules 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 COMPANY 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 COMPANY 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. The COMPANY 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 COMPANY. 12. 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 COMPANY to such assignment or subcontract. b. The COMPANY agrees that it shall not unreasonably withhold its consent to any assignment or subcontract. 13. 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. 14. a. This agreement shall continue to remain in force until December 31, 2003 (a TWO YEAR contract with a ONE YEAR option), but may be terminated for any reason by either party upon 30 day's written notice to the other. The pricing for the first two years should be a fixed price for each of those two years with the option to continue that same fixed price for an additional third year to end 12-31-2004. b. Should the CONTRACTOR fail to carry out the work to the satisfaction of the COMPANY, or to comply with any of the provisions of this agreement, the COMPANY may terminate this agreement upon 24 hours' written notice to the CONTRACTOR. 15. 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 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 COMPANY'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. 16. The CONTRACTOR agrees that the COMPANY is chiefly interested in good public relations, not only to their own customers, but to the customers of other utility companies. The CONTRACTOR shall at all times instruct its employees to observe the same rigid rules of courtesy required of the COMPANY employees. 17. The COMPANY will agree to overtime if established by a rate stated bid, however all overtime paid by the COMPANY shall have prior unit approval by authorized COMPANY supervisory personnel. 18. This agreement shall begin on January 01, 2002 or on the nearest agreed work date thereafter. Equipment shall be on the job site, personnel to operate the equipment and work shall begin within three days after execution of this agreement unless agreed in writing. 19. The attached equipment specifications are for the purpose of providing a minimum guide for equipment we desire the CONTRACTOR to use on the job. Any major differences from these specifications on equipment to be used shall be listed out in detail. 20. CONTRACTOR shall be compensated in accordance with Bid Form ITB# 269-01/RS, dated November 13, 2001, attached hereto as Exhibit A and made a part of this Agreement. LUBBOCK POWER AND LIGHT TREE TRIMMING MINIMUM EQUIPMENT SPECIFICATIONS An Asplundh Company model LR 50 line 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 fitted 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 3600 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 '/a inches in diameter. b. Hydraulic pruner with a 6 foot insulated pole handle which will cut limbs at least 2 inches in diameter. C. Hydraulic 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. 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 time. In order to maximize the number of trees cut to benefit the COMPANY. 8. Truck and chippers as well as all other equipment will be parked in the COMPANY 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. v►CJL- PROVCO CONTRACTOR: Attest: Secretary CITY OF LUBBOCK: (COMPANY) Windy Sitto Mayor Attest: Rebecca Garza, City Secre ry Approved as to Form: William deHaas Contract Manager Approved as to Content: Paul f hompson, LP&L Director C'. Gary Zheng, LP&L Superintendent Dale Stephens, LP&L Operations EXHIBIT A BID FORM Lp&L Tree TrinuningAnnual pricing CITY OF LUBBOCK, TEXAS ITB #?. "IIRS ITB 02"AIN, AddMKt lM 01 Resolution No. 2002—ROO13 In compliance :Spa=fl=aWs geqment,lar and ing necessary for providing the items lisbd belatN and agrees o detitrer stdd kerns et the loeatrorts and fore prices set forth on Is form. The ImAtattort to Bid fb268-01/RS is by reference irx�arpvreted in this eontr6lrx -- 1) 2 man crew with one amiat trick with Ale chip dump box, brush chipper and two $51.33 $102ri;( 0 15-3 dln saw* as specified herein. 1) 4 man crew with aerial truck with 04 dump box, and one (1) non-sa" split truck, brush chipper, one pickup and $92.54 $185r0 0 15-3 -PRICE-, F.O.S. City of Lubbock -Days After Receipt of Order (ARO) PAYMENT TERMS - Bidder offers a prompt payment dimmunt of %, not JD Calender days to apply after receipt of invoice or final acceptance of the goods or services provided, whichever Is later. If no prompt paymem discount is offered, enter 0 In the % spec@ to indicate Net 30 days, oftmwise payment terms shall be Net 30 days. Discounts will:ttot be considered In deter Lining low bid. THIS BID ISSUBMITTED By Environmental Prof. Assoc dba carppomfm organised underbite laws of the state of -Ca 1s4 f rn i or a partnership consisting of or an individual trading as oftCHy of Fnr- Environmental Professional Associates. Ltd., dba PROYCo Address: 14.41 Garden Highwa c;ty Yuba Citv state• _CAZi 95991 The City of Lubbock Charter states that no officer or employee of the City can bero t from any contract job. wo* or service for the municipality or be Interested in the sale to the City of any supplies, ogriipment. materiel or amides purchased. VVi1t officer or employee of the City, or member of their Immediate family, benefit from the award of this bid to the above firm?_ Yes fX NO MNVBI: Firm: November 13r 2001 Auf tt wd Raprasatttatrve - must sign by fiend Officer Name and Title: William Falzone - Presic(ent Presse Pft Business Telephone Number_ 530-790-7270 FAX; 530-790-0923 FOR CITY USE ONLY Bid Form Item Numbers) Awarded to Above Named FirrMndividual: Dote of Award by City Council (forbids over S25,000): Data P.OJContract Issued: 26941rRsaddl