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HomeMy WebLinkAboutResolution - 3261 - Contract - Asplundh Tree Expert Company - Tree Pruning - 12/07/1989Resolution #3261 BID #10397 December 7, 1989 Item #25 HW: js 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 by and between the City of Lubbock and Asplundh Tree Expert Company for tree pruning, one year contract, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 7th day of December , 1989. . C. MCMI N, MAYOR ATTEST: nette Boyd, City Secretary APPROVED AS TO CONTENT: Ro ert Massengale, Assis ant ity anager for Financial Services APPROVED AS TO FORM: Harold Willard, Assistant City Attorney CITY OF LUBBOCK TREE TRIMMING CONTRACT 1. ASPLUNDH TREE EXPERT CO. agrees to furnish all supervision, labor, tools, transportation, equipment, and materials necessary to trim and/or remove trees interfering with CITY OF LUBBOCK lines, to cut and/or chemically treat brush, weeds, and undergrowth on CITY OF LUBBOCK rights-of-way and/or substation areas, and to dispose of the debris resulting from such work, as directed by CITY OF LUBBOCK. 2. a. ASPLUNDH TREE EXPERT CO. agrees, subject to the provisions of paragraph C, to secure all permits and licenses of a temporary nature necessary for the prosecution 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 CITY OF LUBBOCK. b. ASPLUNDH TREE EXPERT CO. agrees to obtain consent or permission for the necessary work from the property owner and public authorities having owner -ship 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 reported to CITY OF LUBBOCK. No further actions shall be taken in such cases except upon the mutual agreement of the parties hereto. C. CITY OF LUBBOCK may, if it so elects, obtain any or all permits or licenses itself, in which case it shall do so at its own expense. s CITY OF LUBBOCK TREE TRIMMING CONTRACT 1. ASPLUNDH TREE EXPERT CO. agrees to furnish all supervision, labor, tools, transportation, equipment, and materials necessary to trim and/or remove trees interfering with CITY OF LUBBOCK lines, to cut and/or chemically treat brush, weeds, and undergrowth on CITY OF LUBBOCK rights-of-way and/or substation areas, and to dispose of the debris resulting from such work, as directed by CITY OF LUBBOCK. 2. a. ASPLUNDH TREE EXPERT CO. agrees, subject to the provisions of paragraph C, to secure all permits and licenses of a temporary nature necessary for the prosecution 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 CITY OF LUBBOCK. b. ASPLUNDH TREE EXPERT CO. agrees to obtain consent or permission for the necessary work from the property owner and public authorities having owner -ship 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 reported to CITY OF LUBBOCK. No further actions shall be taken in such cases except upon the mutual agreement of the parties hereto. C. CITY OF LUBBOCK may, if it so elects, obtain any or all permits or licenses itself, in which case it shall do so at its own expense. r 3. ASPLUNDH TREE EXPERT CO. agrees to perform all work to the complete satisfaction of CITY OF LUBBOCK 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 clearance with due 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 CITY OF LUBBOCK'S lines shall be removed. All trees removed (except those removed in connection 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 burned on 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. ASPLUNDH TREE EXPERT CO. 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 have not proven effective. ASPLUNDH TREE EXPERT CO. 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 CITY OF LUBBOCK, and no further action shall be taken except upon mutual agreement of the parties hereto. -- 4. ASPLUNDH TREE EXPERT CO. agrees that its personnel and equipment shall at all times present a neat appearance, and all work shall be done, and all complaints handled by ASPLUNDH TREE EXPERT CO. with due regard -for CITY OF LUBBOCK public relations 5. a. ASPLUNDH TREE EXPERT CO. 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. All complaints, and any action taken by ASPLUNDH TREE EXPERT CO. in connection with such complaints, shall be reported to CITY OF LUBBOCK. b. It is understood that ASPLUNDH TREE EXPERT CO. does not represent CITY OF LUBBOCK and has no authority to obligate CITY OF LUBBOCK for payment or benefit of any kind to any person. 6. ASPLUNDH TREE EXPERT CO. 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 CITY OF LUBBOCK or the public. 7. ASPLUNDH TREE EXPERT CO. agrees to secure from CITY OF LUBBOCK information as to the nature of the circuits involved in all cases before work is commenced. It is understood by and between the parties that the electric circuits of CITY OF LUBBOCK are to continue in normal operation during this work, and that ASPLUNDH TREE EXPERT CO. is to provide and use all protective equipment necessary for the protection of ASPLUNDH TREE EXPERT CO. employees and to guard against interfering with the normal operation of said circuits. 8. ASPLUNDH TREE EXPERT CO. agrees to indemnify, hold harmless, and defend CITY OF LUBBOCK from and against any and all liability for loss, damage, or expense which CITY OF LUBBOCK may suffer or for which CITY OF LUBBOCK may be held liable by reason of any injury (including death) or damage to any property arising out of negligence on the part of ASPLUNDH TREE EXPERT CO. or any of its representatives or employees in the execution of the work to be performed hereunder. 9. ASPLUNDH TREE EXPERT CO. agrees to provide Workman Compensation, Property Damage, and Public Liability Insurance in terms and amounts satisfactory to CITY OF LUBBOCK. Certificates showing that ASPLUNDH TREE EXPERT CO. has properly protected itself and CITY OF LUBBOCK by means of such insurance shall be attached hereto and shall form a part of this agreement. 10. ASPLUNDH TREE EXPERT CO. agrees to furnish to CITY OF LUBBOCK, or its representative, carefully prepared daily time sheets showing the nature, amount and location 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 or spans cut or chemically treated, and other pertinent information which may, from time to time, be requested by CITY OF LUBBOCK. 11. a. ASPLUNDH TREE EXPERT CO. agrees to submit to CITY OF LUBBOCK 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. CITY OF LUBBOCK 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 CITY OF LUBBOCK 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. c. CITY OF LUBBOCK shall not reimburse ASPLUNDH TREE EXPERT CO. for fees paid to local inspectors unless prior written approval for the payment of such fees has been obtained by ASPLUNDH TREE EXPERT CO. from CITY OF LUBBOCK. 12. a. This agreement shall be binding upon the parties hereto and their heirs, executors, administrators, and assigns. But ASPLUNDH TREE EXPERT CO. 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 CITY OF LUBBOCK to such assignment or subcontract. b. CITY OF LUB80CK 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 the provisions of any Workman Compensation or unemployment compensation law, any old age benefit law, or any similar law, and it shall not be so constructed. ASPLUNDH TREE EXPERT CO. 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 ASPLUNDH TREE EXPERT CO. employees. 14. a. This agreement shall continue to remain in force until September 30, 1989, but may be terminated for any reason by either party upon 30 day's written notice to the other. b. Should ASPLUNDH TREE EXPERT CO. fail to carry out the work to the satisfaction of CITY OF LUBBOCK, or to comply with any of the provisions of this agreement, CITY OF LUBBOCK may terminate this agreement upon 24 hours' written notice to ASPLUNDH TREE EXPERT CO. 15. a. ASPLUNDH TREE EXPERT CO. agrees to keep the equipment in good repair at all times, provide preventative maintenance where required. The truck and lift supplied shall be newer equipment not over two years old and in good appearance. b. ASPLUNDH TREE EXPERT CO. agrees that the truck and chipper will be parked in the CITY OF LUBBOCK yard after regular working hours (7 days per week) for emergency operations. 16. ASPLUNDH TREE EXPERT CO. agrees that the CITY OF LUBBOCK is chiefly interested in good public relations, not only to their own customers, but to the customers of other utility companies. ASPLUNDH TREE EXPERT CO. shall at all times instruct its employees to observe the same rigid rules of courtesy required of the CITY OF LUBBOCK employees. 17. CITY OF LUBBOCK will agree to overtime if established by a rate stated on bid, however all overtime paid by CITY OF LUBBOCK shall have prior unit approval by authorized CITY OF LUBBOCK supervisory personnel. 18. This agreement shall begin on December 20, 1989 or on the nearest agreed work date thereafter. Equipment shall be on jobsite, personnel to operate the equipment and work shall begin within three days after execution of this agreement unless otherwise agreed in writing. FOR THE ASPLUNDH TREE EXPERT CO. i ATTEST: FOR THE CITY OF LUBBOCK O RATIONS SUP ISOR DISTRIBUTION SUP RINTENDENT APPROVED AS TO FORM: Donald G. Vandiver, First Assistant City Attorney PC C. A.C.•McMINN, MAYOR ATTEST: Ra to Boyd, City Sec a ary