HomeMy WebLinkAboutResolution - 3261 - Contract - Asplundh Tree Expert Company - Tree Pruning - 12/07/1989Resolution #3261
BID #10397
December 7, 1989
Item #25
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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.
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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.
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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