GM-22-02-07-103 BRUSHY CREEK REGIONAL UTILITY AUTHORITY AGREEMENT
FOR BCRUA PHASE 2 RAW WATER DELIVERY SYSTEM--
TREE CLEARING SERVICES
WITH
WHITTAKER LANE CONTRACTING, LLC
THAT THIS Agreement for the purchase of tree clearingprvices (referred to hereinafter
as the "Agreement"), is made and entered into this 7th day of37�a2022, by and between
the BRUSHY CREEK REGIONAL UTILITY AUTHORITY (hereinafter referred to as
"BCRUA"), located at 221 East Main Street, Round Rock, Texas 78664 and WHITTAKER
LANE CONTRACTING, LLC (hereinafter referred to as"Services Provider"),whose offices are
located at 102 Summer Glen, Boerne, Texas 78006.
RECITALS:
WHEREAS, BCRUA desires to purchase tree clearing services at various sites necessary
for BCRUA Phase 2 Raw Water Delivery System; and
WHEREAS, BCRUA has determined that the bid submitted by Services Provider
provides the best value to BCRUA; and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights,duties and obligations hereunder;
NOW,THF,RF,FORF., WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is
mutually agreed between the parties as follows:
1.0 EFFECTIVE DATE AND TERM
This Agreement shall be effective on the date this Agreement has been signed by each
party hereto and shall remain in full force and effect until successful completion of the services
set forth in Exhibit "A," attached hereto and incorporated herein by reference for all purposes.
The work is estimated to be completed no later than February 25, 2022.
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BCRUA reserves the right to review the Agreement and contractual relationship at any
I time and may elect to terminate same with or without cause or may elect to continue.
2.0 CONTRACT DOCUMENTS AND EXHIBITS
The intent of these documents is to formulate an Agreement listing the responsibilities of
both parties. The services which are the subject of this Agreement are described in Exhibit "A"
4874-0108-6987lss2
610,22,-o2-07- 10R
("Scope of Work") and,together with this Agreement, comprise the total Agreement and they are
fully a part of this Agreement as if repeated herein in full.
3.0 SCOPE OF SERVICES
Services Provider shall perform its services in accordance with this Agreement and in
accordance with the referenced Scope of Work. Services Provider shall satisfactorily provide all
services and deliverables described under the referenced Scope of Work within the term
specified in Section 1.0. Services Provider's undertaking shall be limited to performing services
for BCRUA and/or advising BCRUA concerning those matters on which Services Provider has
been specifically engaged. Services Provider shall perform its services in a professional and
workmanlike manner.
Services Provider shall not undertake work that is beyond the Scope of Work set forth in
Exhibit "A." However, either party may make written requests for changes to the Scope of
Work. To be effective, a change to the Scope of Work must be negotiated and agreed to in all
relevant details and must be embodied in a valid Supplemental Agreement as described in
Section 5.0 below.
4.0 CONTRACT AMOUNT
In consideration for the work to be performed by Services Provider, BCRUA agrees to
pay Services Provider an amount not-to-exceed Forty-Nine Thousand Nine Hundred Ninety-
Nine and 991100 Dollars ($49,999.99) for the term of this Agreement. This amount represents
the total liability to Services Provider hereunder unless same shall be changed by Supplement to
this Agreement.
5.0 SUPPLEMENTAL AGREEMENT
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The terms of this Agreement may be modified by written Supplemental Agreement
hereto, duly authorized by BCRUA Board, if BCRUA determines that there has been a
significant change in (1) the scope, complexity, or character of the services to be performed, or
(2) the duration of the work. Any such Supplemental Agreement must be executed by both
parties within the period specified as the term of this Agreement. Services Provider shall not
perform any work or incur any additional costs prior to the execution, by both parties, of such
Supplemental Agreement. Services Provider shall make no claim for extra work done or
materials furnished unless and until there is full execution of any Supplemental Agreement, and
BCRUA shall not be responsible for actions by Services Provider nor for any costs incurred by
Services Provider relating to additional work not directly authorized by Supplemental
Agreement.
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6.0 TERMS OF PAYMENT
Invoices: All invoices shall include, at a minimum,the following information:
A. Name and address of Services Provider;
B. Description of services provided; and
C. Performance dates.
Payment of Invoices: BCRUA reserves the right to correct any error that may be
discovered in any invoice that may have been paid to Services Provider and to adjust same to
meet the requirements of this Agreement. Following approval of invoices, BCRUA shall
endeavor to pay Services Provider promptly, but no later than the time period required under the
Texas Prompt Payment Act described in Section 8.0 herein. Under no circumstances shall
Services Provider be entitled to receive interest on payments which are late because of a good
faith dispute between Services Provider and BCRUA or because of amounts which BCRUA has
a right to withhold under this Agreement or state law.
7.0 NON-APPROPRIATION AND FISCAL FUNDING
This Agreement is a commitment of BCRUA's current revenues only. It is understood
and agreed that BCRUA shall have the right to terminate this Agreement at the end of any of
BCRUA's fiscal years if BCRUA's Board does not appropriate funds sufficient to purchase the
services as determined by BCRUA's budget for the fiscal year in question. BCRUA may effect
such termination by giving Services Provider a written notice of termination at the end of its
then-current fiscal year.
8.0 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to be
made by BCRUA to Consultant will be made within thirty (30) days of the date BCRUA
receives goods under this Agreement, the date the performance of the services under this
Agreement are completed or the date BCRUA receives a correct invoice for the goods or
services,whichever is later. Services Provider may charge interest on an overdue payment at the
"rate in effect" on September 1 of the fiscal year in which the payment becomes overdue, in
accordance with V.T.C.A., Texas Government Code, Section 2251.025(b). This Prompt
Payment Policy does not apply to payments made by BCRUA in the event:
(1) There is a bona fide dispute between BCRUA and Services Provider, a contractor,
subcontractor, or supplier about the goods delivered or the service performed that
causes the payment to be late;or
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(2) There is a bona fide dispute between Services Provider and a subcontractor or
between a subcontractor and its supplier about the goods delivered or the service
performed that causes the payment to be late;
(3) The terms of a federal contract, grant, regulation, or statute prevent BCRUA from
making a timely payment with federal funds; or
(4) The invoice is not mailed to BCRUA in strict accordance with any instruction on
the purchase order relating to the payment.
9.0 TERMINATION
A. BCRUA has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Services
Provider.
B. In the event of any default by Services Provider, BCRUA has the right to
terminate this Agreement for cause,upon ten (10) days' written notice to Services Provider.
C. Services Provider has the right to terminate this Agreement only for cause, that
being in the event of a material and substantial breach by BCRUA or by mutual agreement to
terminate evidenced in writing by and between the parties.
D. In the event BCRUA terminates under subsections (A) or (B) of this section, the
following shall apply: Upon BCRUA's delivery of the referenced notice to Services Provider,
Services Provider shall discontinue all services in connection with the performance of this
Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such
orders and contracts are chargeable to this Agreement. Within thirty (30) days after such notice
of termination, Services Provider shall submit a statement showing in detail the goods and/or
services satisfactorily performed under this Agreement to the date of termination. BCRIA shall
then pay Services Provider that portion of the charges, if undisputed. The parties agree that
Services Provider is not entitled to compensation for services it would have performed under the
remaining term of the Agreement except as provided herein.
10.0 GRATUITIES AND BRIBES
BCRUA may, by written notice to Services Provider, cancel this Agreement without
liability to Services Provider if it is determined by BCRUA that gratuities or bribes in the form
of entertainment, gifts, or otherwise were offered or given by Services Provider or its agents or
representatives to any BCRUA officer, employee or representative with respect to the
performance of this Agreement. In addition, Services Provider may be subject to penalties stated
in Title 8 of the Texas Penal Code.
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11.0 TAXES
BCRUA is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be
included in Services Provider's charges.
12.0 INSURANCE
Services Provider shall meet all BCRUA's insurance requirements and provide proof of
coverage upon request.
13.0 BCRUA'S REPRESENTATIVE
BCRUA hereby designates the following representatives authorized to act in its behalf
with regard to this Agreement:
Karen Bondy
General Manager
221 East Main Street
Round Rock,Texas 78664
Cell Number(512) 688-0475
Work Number(512)215-9151
Email Address kbond a,bcrua.org
14.0 RIGHT TO ASSURANCE
Whenever either party to this Agreement, in good faith, has reason to question the other
party's intent to perform hereunder, then demand may be made to the other party for written
assurance of the intent to perform, In the event that no written assurance is given within the
reasonable time specified when demand is made,then and in that event the demanding party may
treat such failure as an anticipatory repudiation of this Agreement.
15.0 DEFAULT
If Services Provider abandons or defaults under this Agreement and is a cause of BCRUA
purchasing the specified services elsewhere, Services Provider agrees that it may be charged the
difference in cost, if any, and that it will not be considered in the re-advertisement of the service
and that it may not be considered in future bids for the same type of work unless the scope of
work is significantly changed.
Services Provider shall be declared in default of this Agreement if it does any of the
following:
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A. Fails to fully, timely and faithfully perform any of its material obligations under
this Agreement;
B. Fails to provide adequate assurance of performance under the "Right to
Assurance" section herein; or
C. Becomes insolvent or seeks relief under the bankruptcy laws of the United States.
16.0 TERMINATION AND SUSPENSION
A. BCRUA has the right to terminate this Agreement, in whole or in part, for
convenience and without cause, at any time upon thirty (30) days' written notice to Services
Provider,
B. In the event of any default by Services Provider, BCRUA has the right to
terminate this Agreement for cause, upon ten (10) days' written notice to Services Provider.
C. Services Provider has the right to terminate this Agreement only for cause, that
being in the event of a material and substantial breach by BCRUA or by mutual agreement to
terminate evidenced in writing by and between the parties.
D. In the event BCRUA terminates under subsections (A) or (B) of this section, the
following shall apply: Upon BCRUA's delivery of the referenced notice to Services Provider,
Services Provider shall discontinue all services in connection with the performance of this
Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such
orders and contracts are chargeable to this Agreement. Within thirty (30) days after such notice
of termination, Services Provider shall submit a statement showing in detail the goods and/or
r services satisfactorily performed under this Agreement to the date of termination. BCRUA shall
I then pay Services Provider that portion of the charges, if undisputed. The parties agree that
Services Provider is not entitled to compensation for services it would have performed under the
remaining term of the Agreement except as provided herein.
17.0 INDEMNIFICATION
Services Provider shall defend (at the option of BCRUA), indemnify, and hold BCRUA,
its successors, assigns, officers, employees and elected officials harmless from and against all
suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and
any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault
of Services Provider, or Services Provider's agents, employees or subcontractors, in the
performance of Services Provider's obligations under this Agreement, no matter how, or to
whom, such loss may occur. Nothing herein shall be deemed to limit the rights of BCRUA
(including, but not limited to the right to seek contribution) against any third party who may be
liable for an indemnified claim.
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18.0 COMPLIANCE WITH LAWS
A. Services Provider, its agents, employees and subcontractors shall use best efforts
to comply with all applicable federal and state laws and with all applicable rules and regulations
promulgated by local, state and national boards, bureaus and agencies.
B. In accordance with Chapter 2271,Texas Government Code, a governmental entity
may not enter into a contract with a company for goods and services unless the contract contains
written verification from the company that it: (1) does not boycott Israel; and (2)will not boycott
Israel during the term of this contract. The signatory executing this Agreement on behalf of
Services Provider verifies Services Provider does not boycott Israel and will not boycott Israel at
any term of this Agreement.
19.0 ASSIGNMENT AND DELEGATION
The parties each hereby bind themselves, their successors, assigns and legal
representatives to each other with respect to the terms of this Agreement. Neither party shall
assign, sublet or transfer any interest in this Agreement without prior written authorization of the
other party.
20.0 NOTICES
All notices and other communications in connection with this Agreement shall be in
writing and shall be considered given as follows:
1. When delivered personally to the recipient's address as stated in this Agreement;
or
2. Three (3) days after being deposited in the United States mail, with postage
prepaid to the recipient's address as stated in this Agreement.
Notice to Services Provider:
Whittaker Lane Contracting, LLC
102 Summer Glen
Boerne,Texas 78006
Notice to BCRUA:
Karen Bondy, General Manager Stephan L. Sheets, BCRIJA Attorney
221 Last Main Street AND T0: 309 East Main Street
Round Rock,TX 78664 Round Rock,TX 78664
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Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of BCRUA and Services Provider.
21.0 APPLICABLE LAW; ENFORCEMENT AND VENUE
This Agreement shall be enforceable in Round Rock, Williamson County, Texas, and if
legal action is necessary by either party with respect to the enforcement of any or all of the terms
or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This
Agreement shall be governed by and construed in accordance with the laws and court decisions
of the State of Texas.
22.0 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between
Services Provider and BCRUA. This Agreement may only be amended or supplemented by
mutual agreement of the parties hereto in writing, duly authorized by action of the General
Manager or Board of Directors.
23.0 DISPUTE RESOLUTION
BCRUA and Services Provider hereby expressly agree that no claims or disputes between
the parties arising out of or relating to this Agreement or a breach thereof shall be decided by any
arbitration proceeding, including without limitation, any proceeding under the Federal
Arbitration Act(9 USC Section 1-14)or any applicable state arbitration statute.
24.0 SEVERABILTI'Y
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this section shall not prevent this entire Agreement from
being void should a provision which is of the essence of this Agreement be determined void.
25.0 MISCELLANEOUS PROVISIONS
Standard of Care. Services Provider represents that it employs trained, experienced and
competent persons to perform all of the services, responsibilities and duties specified herein and
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that such services, responsibilities and duties shall be performed in a manner according to
generally accepted industry practices.
Time is of the Essence. Services Provider understands and agrees that time is of the
essence and that any failure of Services Provider to fulfill obligations for each portion of this
Agreement within the agreed timeframes will constitute a material breach of this Agreement.
Services Provider shall be fully responsible for its delays or for failures to use best efforts in
accordance with the terms of this Agreement. Where damage is caused to BCRUA due to
Services Provider's failure to perform in these circumstances, BCRUA may pursue any remedy
available without waiver of any of BCRUA's additional legal rights or remedies.
Force Majeure. Neither BCRUA nor Services Provider shall be deemed in violation of
this Agreement if it is prevented from performing any of its obligations hereunder by reasons for
which it is not responsible as defined herein. However, notice of such impediment or delay in
performance must be timely given,and all reasonable efforts undertaken to mitigate its effects.
Multiple Counterparts. This Agreement may be executed in multiple counterparts, any
one of which shall be considered an original of this document; and all of which, when taken
together,shall constitute one and the same instrument.
IN WITNESS WHEREOF, BCRUA and Services Provider have executed this
Agreement on the dates Indicated.
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
By: 6, 1 ."-I Z:�
aren Bondy,General Man er
Date Signed: 2/7/2022
li or:t4ephan
pproved as to rm:
B _
. Sheets,BCRUA Attorney
WHITTAKER LANE CONTRACTING,LLC
By: � f 1
Printed Name:V i r, ni n
Title: YY1 r OLC
mviq fambty"
Date Signed: . _: 3 Y _�
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Exhibit "A"
3. SCOPE OF WORK
3.0 Summary and Site Locations
Tree clearing is required to be completed before February 25, 2022, at two (2) separate sites around
the Sandy Creek Arm of Lake Travis for development work to begin on the sites for the BCRUA
Phase 2 Raw Water Delivery System project. Trees and shrubs shall be removed by hydro axe and
mulched. Mulch shall be left in place and used to cover the cleared site as erosion control protection
in a layer no deeper than 6 inches. Any large debris left shall be removed from the site or shredded.
The scope of work shall include the following at the various sites:
Maintenance Building(MB) and Access Drive Right-of-Way Site Clearing
Address: 16621 Jackson St. Volente TX 78641
1. On the 5.217-acre Maintenance Building property and in the adjacent Village of Volente
right-of-way, the existing trees and brush shall be shredded down as shown on CB-3 SITE
DEMOLITION PLAN and on CB-12 ESC PLAN including at the end of this section. The
acreage of the red area is approximately 3.9 acres.
2. Contractor shall demolish the surveyed trees marked for demolition on CB-3. These should
be all shown in the red area. All other surveyed trees shown on CB-3 shall remain and shall
be protected from demolition work. Trees that were not surveyed shall be demolished,
including small trees and shrubs, if contained within the clearing limits area outlined in red
on CB-12.
3. Trees to remain shall be protected from demolition work.
4. Contractor shall keep the existing silt fence unless it is in the way. If Contractor wants to
remove the existing silt fence, it must be put back. The existing tree protection chain link
fencing can be removed and rolled up and left on site.
5. Mulch all large debris and spread over site no thicker than 6 inches as erosion control.
6. Grind all stumps to no more than one inch (1") from the ground.
Raw Water Pump Station (RWPS) __Temporary Construction Easement Site Clearing
Address: 9416 Lime Creek Rd. Leander TX 78641
I. On the 0.802-acre Temporary Construction Easement next to the Raw Water Pump Station
property at the address above and as shown on CD-9 SITE DEMOLITION PLAN, included
at the end of this section, the existing trees and brush shall be shredded down as shown on
CD-9.The acreage of the read area is approximately 0.8 acres.
2. Contractor shall demolish the surveyed trees marked for demolition on CD-9. All other
surveyed trees shown on CD-9 shall remain and shall be protected from demolition work.
Trees that were not surveyed shall be demolished, including small trees and shrubs, if
contained within the clearing limits area outlined in red on CD-9.
3. Trees to remain shall be protected from demolition work.
4. Mulch all large debris and spread over site no thicker than 6 inches as erosion control.
5. Grind all stumps to no more than one inch (I") from the ground.
BCRUA (the Utility) will mark limits of clearing and will mark trees to remain for when
Contractor comes to the site.
3.1 Purpose
To establish a contract for tree clearing services by hydro axe and mulching at two (2) separate sites
around the Sandy Creek Arm of Lake Travis for development work to begin on those sites.The work
is required to be completed on or before February 25, 2022. See Section 3.0 for a detailed scope of
work at the various locations.See drawings at end of this section for each locations' site map showing
the clearing limits and further details regarding the work to clear the trees. The contract will be
utilized by the BCRUA. The proposal will be on a lump sum fee basis.
3.2 Work Objectives
Work under this Contract has the following objectives;
3.2.1 To provide for the safety of people and property.
3.2.2 To clear trees on various properties in preparation for development.
3.2.3 To preserve trees on various properties in a healthy condition.
3.2.4 To prevent erosion due to clearing activities.
3.3 Applicable Standards and Regulations
3.3.1 All work shall be done in a thorough and professional manner in accordance with the Contract
documents, specifications, and acknowledged industry standards.
3.4 NOT USED
3.5 Standard of Performance
3.5.1 The Contractor shall furnish all labor, tools, safety equipment, supervision, transportation,
insurance, and all other ancillary iternslservices necessary to complete the following project in strict
accordance with the provisions of this Contract. The work shall be performed at the locations
specified in the work order. The Contractor shall coordinate their performance of the services with
the Utility and the Utility's Engineer.
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3.5.2 The Contractor's performance shall be in accordance with the most current standards prevailing
in the tree removal industry. The Contractor shall be required to perform and complete the tree
removal work described in this Contract in a thorough, professional, and safe manner. Any item
primary,secondary,or incidental to the performance of this Contract shall be included in this service.
The Contractor shall employ individuals skilled in their respective trades.Any person the Utility may
deem incompetent or disorderly must be promptly removed by the Contractor and not allowed to
work in the City/Utility project.
3.6 Assignment of Work
3.6.1 The Contractor shall be provided notice to proceed(NTP)the day after this Contract is approved
and executed. The Contractor shall confirm receipt of the NTP order within 24 hours of notification
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being sent. Confirmation may be via email, fax, or telephone. The Contractor then has five (5)
working days to begin services as described in the Scope of Work. 'rhe work described under the
Contract shall be completed by February 25,2022.
3.6.2 If during the course of services, the Contractor finds that the scope of work cannot be
completed, the Contractor must notify the Utility immediately, within no more than 24 hours, with
an explanation of why the work cannot be completed.
3.6.3 All work performed under this Contract shall be for the locations and addresses described in
Section 3.0 and within the clearing limits shown in the drawings at the end of this section. It is the
Contractor's responsibility to confirm the address/location and to ensure employees assigned to the
work perform the work at the correct address/location.
3.7 Performance of Work
3.7.1 The Contractor shall work Monday-Saturday,and only between the hours of 7:a0AM-6:00PM.
No construction or hauling traffic shall be permitted after 6:00 PM or before 7:00 AM, anytime on
Sundays, or during nationally recognized holidays. Where local jurisdiction is more stringent, the
stricter requirements shall control, unless Contractor has prior approval from the local jurisdiction.
3.7.2 Work hereunder shall be performed at the addresses described in Section 3.0 and within the
clearing limits described in the drawings at the end of this section.
3.7.3 The Contractor shall provide the Utility with their General Foreman's, or other appropriate
Single Point of Contact(SPDC),name and cell phone number. The General Foreman or SPDC shall
be on-call during the hours of operation. The General Foreman or SPOC shall be able to speak, read
and write English.
3.7.4 The Contractor shall not perform work of any kind if there is a reasonable possibility of limbs
or debris damaging vehicles,private property,pedestrians,or if the workers' safety is put at risk.The
Contractor shall be held liable for ail damage to vehicles, private property, and pedestrians caused
by falling debris during the execution of a work order. The Contractor shall maintain Insurance
Liability coverage.
3.7.5 Any vehicle which may interfere with the work shall be moved by the owner of the vehicle. If
a vehicle impedes the start of work, the Contractor shall attempt to notify the owner of the vehicle
r no less than three (3) documented times, over a three (3) day period (once per day). If the owner
cannot be notified, the Contractor must notify the Utility of the failed notification attempts. The
Utility will then reach out to the local jurisdiction for them to notify the owner of the vehicle. After
the owner has been notified, the Utility will release Contractor to continue with the work and the
Contractor shall confirm within 24 hours of notification being sent. Confirmation may be via email,
fax, or telephone. The Contractor then has five (5) working days to resume services as described in
the Scope of Work.
3.7.6 All damages to vehicles and property of any kind, and injuries to pedestrians,shall be reported
to the Utility within four(4) hours of occurrence.
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3.7.7 The Contractor agrees that, while entering upon private property, public right-of way, and
easements to perform the work, it shall be the duty and responsibility of the Contractor and all of its
subcontractors to be familiar with,and comply with,all applicable OS14A sections that pertain to the
job function and be familiar with its requirements while performing services resulting from this
Contract.
3.7.8 If a tree which is to be removed overhangs onto private property, the Contractor shall notify
the owner of the property in writing at least three (3) days prior to the tree's removal. The written
notifications shall include a statement that there should be no activity under and immediately around
the tree until it is removed and cleanup has been completed, why the tree must be removed, the
anticipated removal date(s)and time, and any other pertinent information as to the removal activity.
The Contractor shall attempt to notify the property owner no less than three (3) documented times
over a three (3) day period (once per day). If the property owner cannot be notified, the Contractor
must notify the Utility of the failed notification attempts. The Utility will then reach out to the local
jurisdiction for them to notify the owner of the private property. After the owner has been notified,
the Utility will release Contractor to continue with the work and the Contractor shall confirm within
24 hours of notification being sent.Confirmation may be via email,fax,or telephone.The Contractor
then has five(5)working days to begin services as described in the Scope of Work.
3.7.9 Prior to commencing work, or in the case of a changing work site condition, the Contractor
shall immediately report to the Utility in writing or by telephone, of any adverse conditions that will
affect the performance of the Contractor in execution of the work.
3.7.10 The Contractor shall remove barriers,signs,and other Contractor material and equipment from
the project site at the completion of the work.
3.7.11 NOT USED
3.7.12 NOT USED
3.7.13 The Contractor shall ensure that workers have completed all applicable OSHA specification
or other training needed to perform their jab assignment. Training topics applicable to the scope of
the current project may include, but not limited to, scaffold, fall protection, cranes, excavation,
electrical safety, tools, concrete and masonry construction, steel erection, operation of motor
vehicles, and mechanized equipment.
3.7.14 Inspections may be made periodically by the Utility during and following assignments to
monitor performance.
4 3.8 Tree Removal Specifications
3.8.1 All tree removals must comply with the specifications listed in the most current revision of the
F Village of Volente Code. Where the Village of Volente Code is lacking, the most current revision of
the City of Cedar Park Code shall be followed. The Contractor shall have copies of valid
documentation and/or permits at the job site when performing work on protected or heritage trees.
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3.8.2 Specific areas/locations at the addresses described in Section 3.0 and within the clearing limits
described in the drawings attached at the end of this section are provided here to Contractor.
3.8.3 "Felling" below describes procedures for removing trees by chopping, cutting, and/or hydro
axe. Trees and shrubs shall be removed by hydra axe when possible and safe to do so and mulched
onsite.
3.8.4 In locations where ordinary felling operations might cause damage to the property or an
adjacent property, the trees shall be suitably dismembered and felled using recognized forestry
rigging practices as stated in the most current revision of ANSI (encompassing OSHA work-site
safety regulation), ensuring that any severed portion of the tree is under control at all times.
3.8.5 Under no circumstances shall the Contractor perform work near high voltage transmission or
distribution lines. If the Contractor is performing work within 15 feet of high-voltage transmission
or distribution lines, all work shall cease and the Contractor must notify the Utility immediately.The
Contractor shall not resume work without written authorization from the Utility. After all limbs have
been removed which might contact high voltage utility lines or cause damage to other trees or
property, trees shall be felled directly away from power or communications lines, structures,
vehicular or pedestrian rights-of-way, or horticultural plantings. If a tree is outside the 15-foot zone
and must be felled toward a power or telephone line, it shall be topped low enough to clear all
conductors, poles, guys, and similar installations.
3.8.6 If there is danger that the trees being felled could fall in the wrong direction or damage property,
guide ropes shall be used. All limbs shall be removed from trees to a height and width sufficient to
allow the tree to fall clear of any wires and other objects in the vicinity. The Contractor shall use
recognized forestry rigging practices as stated in the most current revision of ANSI (encompassing
OSHA work-site safety regulation).
3.8.7 Due to the danger of trees failing in an unexpected direction, even though the cut is made on
the proper side, the Contractor shall take precaution in roping trees, most especially those which are
diseased, rotten or rotting, split, or appear to be visibly weak, The Contractor shall use recognized
forestry rigging practices as stated in the most current revision of ANSI(encompassing OSHA work-
site safety regulation).
3.8.8 Ropes shall be used to lower all limbs of sufficient size that may cause damage to other trees
or surrounding public or private property.
3.8.9 Before any trees are felled,workmen,other than those operating the fell ing equipment or giving
directions to the workmen involved, shall move and remain clear of the danger zone. Any and all
workers who are within the danger zone shall adhere to the safety guidelines as required by the most
current revision of ANSI standards, OSHA,and any other governing policy, ordinance, standard, or
law. The danger zone is that sector of the felling-area in which the tree(s) could fall. The size of the
danger zone'shall be determined by the Contractor upon consideration of all pertinent factors relative
to the tree removal operation. Ample warning shall always be given prior to the tree falling and all
workmen must stand clear in case the tree springs from the stump while falling. Prior to felling any
-5-
trees, the Contractor shall clear away all brush, debris, or equipment that is not required/needed for
felling of the tree.
3.8.10 Under no circumstances shall a partially cut tree or debris be left standing during rest breaks,
lunch breaks,or overnight.
3.8.11 All debris created must be mulched onsite.
3.8.12 When removing a tree that is split, or a tree with twin trunks, chains or cables with adequate
strength shall be placed tightly around the tree before commencing the back cut. At least one chain
or cable shall be placed above, and as close as practical, to the back cut to prevent separation of the
trunk.
3.8.13 Except as otherwise provided in this Contract,the stumps of all removed trees will be lowered
to a point no more than one inches (1") above grade. The Contractor shall treat stumps with a
City/Utility approved growth inhibitor to prevent re-sprouting.
3.8.14 The Contractor shall take special precautions with trees)that have item(s) in and around them
prior to performing services. Any additional costs will not be allowed as a separate line-item on the
invoice and will not be paid. All additional costs shall be part of the Contractor's proposal as stated
on the Proposal Sheet.
3.9 NOT USED
3.10 Site Clean-up
3.10.1 At the end of each work day, the Contractor shall be responsible for cleaning the site and all
grounds that it has occupied, of all rubbish, debris,downed tree limbs,and branches. All pails of the
work shall be left in a neat,orderly,and presentable condition.
3.10.2. Mulch all tree debris and spread over site no thicker than 6 inches as erosion control.
3.10.3 Once the work is complete and the work-site is ready for inspection,the Contractor shall notify
the Utility by phone or in writing. The Utility will either make the necessary inspection or request
before and after photographs as evidence that services were completed to the Utility's satisfaction,
and if it is found the work has been properly performed and completed in accordance with all terms
of this Contract, the work shall be accepted and the invoice approved.
3.10.4 The Utility shall have the right to perform,or have performed, inspections of all places where
work is undertaken in connection with this Contract.
3.11 Damage to Public Forest and Public/Private Property
3.11.1 Damages to trees, shrubbery, and other features will result in an assessment of liquidated
damages. Contractor shall report to the Utility,within two(2) hours of occurrence, any damage done
by Contractor's employees to public or private property. Damage to property or loss of vegetation,
.t,.
shall be repaired or replaced by the Contractor at no cost to the Utility, and within a period of time
that is satisfactory to the Utility.
3.11.2 Evaluation for liquidated damages as related to trees, shrubbery, and other features shall be
based on the most current edition of Guide for Plant Appraisal, Council of Tree & Landscape
Appraisers, and 9th Fdition. Copies are available through the International Society of Arboriculture,
P.O. Box 3129, Champaign, IL 61826-3129 or"www.isa-arbor.com".
3.11.3 Damaged turf areas will be leveled and re-sodded, and all horticultural plantings damaged
beyond repair will be replaced. Damage to structures, utilities, signs, light fixtures, landscape
furniture, or other public property, will be fully and completely repaired or replaced at the
Contractor's expense. It is understood that all damage caused by workmen engaged in work under
this Contract will be repaired by the Contractor without delay,and at its sole cost and expense. Repair
work will be carried out by skilled workmen acceptable to the Utility or designee, and all repair and
replacements must be approved by the Utility prior to final payment.
3.12 Utilities
3.12.1 The Contractor shall be responsible at its own cost for any and all work, expense, or special
precautions caused or required by the existence or proximity of utilities encountered in performing
the work. All workers working in the vicinity of utility lines will be fully briefed and instructed in
safe working procedures appropriate to the voltage of the electrical apparatus on or near the work
site. The Contractor's site supervisor(s) in charge of any group or groups shall be fully aware of the
safety procedures to be followed in case of an accident involving utility lines.
3,12.2 Under no circumstances shall the Contractor perform work near high voltage transmission or
distribution lines. if the Contractor is performing work near high-voltage transmission or distribution
lines, all work shall cease and the Contractor must notify the Utility immediately. The Contractor
shall not resume work in the vicinity of high-voltage transmission lines without written authorization
from the Utility.
3.13 Equipmen
3.13.1 All safety equipment required by OSHA, federal, state, or local guidelines shall be in place
and in proper operating condition at all times. OSHA must approve all safety equipment for the
purpose for which it is being used. OSHA-approved hard hats and any other OSHA-required
equipment or clothing must be worn at all times at the work site.
f 3.13.2 All equipment used by the Contractor to perform services under this Contract shall be
maintained and in good operating condition at all times. All gasoline cans or• any other
equipment/container used to hold fuel shall be OSHA-approved.
3.13.3 Safety ropes,tools, severed limbs, equipment, and aerial lifts shall be handled in such a way
as to ensure they do not come into contact with any utility lines.
3.13.4 The Contractor shall inspect any climbing ropes in use at the site, from end to end, before the
start of each day's work, to ensure that there is no weakening, fraying, stressing, or other damage
that constitutes a danger to the climber or workers. Similarly, all other safety equipment will be
checked daily to ensure that it is in safe working condition. Any equipment defect shall be rectified
immediately.
3.13.5 All aerial lifts will be insulated, maintained, and tested to ensure the safety of an employee in
the bucket or at any other controls should the lift come into contact with any energized utility line on
the work site.
3.14 Pest Control—Bee and Pest Conte•ol/Extermination
3.14.1 The Contractor shall notify the Utility verbally either by phone or two-way communication,
and follow up in writing,of a bee problem prior to the Contractor performing the services as required
by the Scope of Work. The Utility will then proceed with arranging safe removal of any bee hive.
Under no circumstances shall the Contractor attempt to remove or dispose of an active bee hive.Once
the hive has been removed, the Utility will release Contractor to continue with the work and the
Contractor shall confirm within 24 hours of notification being sent, Confirmation may be via email,
fax,or telephone.The Contractor then has five(5) working days to begin services as described in the
Scope of Work.
3.15 Non-Compliance
3.15.1 All services shall be completed in accordance with this Scope of Work. It is understood and
agreed that timely performance by the Contractor is essential and that damages to the Utility for
failure of the Contractor to perform or complete the work required within the time allotted shall be
charged$100 per day past the completion date.The parties recognize and agree that the exact amount
of such damages to the Utility as a result of such delay is difficult to ascertain but that the sum listed
above represents a reasonable pre-estimate of the Utility's probable loss. This amount shall in no
event be considered as a penalty, but as liquidated and adjusted damages due the Utility because of
said delay. The Utility will deduct and retain the damages from its final payment to the Contractor.
3.16 NOT USED
3.17 Invoicing
3.17.1 The Contractor shall submit one (1) total invoice at the completion of the work. The
Contractor's invoice numbers shall not be duplicated during the term of the contract period. Each
invoice shall detail the following Information:
• Contract No.
• Copy of PO (if issued)
• Address where services were performed
• Date(s) and time(s) services performed
• Total invoice cost
8
3.18 Additions and Deletions
3.18.1 The Utility may, at any time during the term of this Contract, amend the Contract to add or
delete like services. Any such written notice shall take effect on the date stated in the notice from the
Utility. Equipment, locations,and/or services added, will be subject to the Contractor's services and
charges or rates as an item already specified on the proposal sheet. In the event that the additional
service is not identical to any item already under Contract, the charges, therefore, will then be the
Contractor's charges or rates for the equipment, locations, and/or services as stated in Additional
Services or Products, of the Proposal Sheet.
3.19 NOT USED
3.20 Definitions and Warranty of Services
3.20.1 Dejlnitrons:"Acceptance"as used in this clause,means the act of an authorized representative
of the Utility, by which the Utility assumes for itself, approval of specific services, as partial or
complete performance of the contract.
3.20.2"Correct"or"Correction" as used in this clause, means the elimination of a defect.
3.20.3 Notwithstanding inspection and acceptance by the Utility or any provision concerning the
conclusiveness thereof, the Contractor warrants that all services performed under this contract will,
at the time of acceptance, be free from defects in workmanship and conform to the requirements of
this Contract.The Utility shall give written notice of any defect or nonconformance to the Contractor
within a one-year period from the date of acceptance by the Utility. This notice shall state either 1)
that the Contractor shall correct or re-perform any defective or non-conforming services at no
additional cost to the Utility,or 2)that the Utility does not require correction or re-performance.
3.20.4 If the Contractor is required to correct or re-perforin, it shall be at no cost to the Utility, and
any services corrected or re-performed by the Contractor shall be subject to this clause to the same
extent as work initially performed. If the Contractor fails or refuses to correct or re-perform, the
Utility may, by contract or otherwise, correct or replace with similar services and charge the
Contractor the cost occasioned to the Utility, or make an equitable adjustment in the Contract price.
9
i
Exhibit "A"
4. PRICING
The undersigned hereby declares: to have carefully examined the contract documents, including
all addenda; have a clear understanding of said documents and premises; propose to provide the
necessary tools, machinery, apparatus and other means of maintenance; and to furnish all labor,
materials and services specified in the contract or called for in the contract documents for the
prices as indicated below.
• Proposed price is $49,999.99 (lump sum fee)
• Please add any additional proposed additions in the table below or as a separate sheet.
No Arbori�t Fees_ ncluded
No Stump Grndi d;as close to the QEQUnd a5 the mulcher will go
No Removal B do I N Grade
Only 1 Mobiliza i n Included: Eve1ything Marked Prior to Mob.
No Standby Time
CONTRACT TIME:The Proposer agrees, if awarded the Contract,to commence work
as described in the Scope of Work within five(5)business days after receipt of Notice
To Proceed (NTP). All work must be completed by February 25, 2022.
DOCUMENTS: Each Proposer by submittal of their RFP response represents and
warrants that they are satisfied as to the requirements and provisions of the RFP for
this project and the documents describing the scope of work.
AP C)"; s 1/13/2022
SIGNATURE Date
Daniel Quinn, Managing Member
NAME&TITLE
45-2469818
FEDERAL EMPLOYER'S IDENTIFICATION NO.
- 23 -
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TREE LIST(IN RIGHT OF WAY) TREE LIST(FROM SITE TREE SURVEY)
...-........ ... .Phe .r.e.... .........
GENERAL NOTES
LEGEND
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."�F^:`•'v.o..n,w m..ra wP.nP «_o....wee.. _
®•V(�all..SrPuur�s 5 �'�BUSHY CREfK 109 of 256
x SITE DEMOLITION PLAN
FASSSE PRASE 4rafflicOOLS ww
RAW WATER DELIVERY SYSTEM vC9-3
77
ro
1.ONLY CLEAR WITHIN THE RE 0 SHADED MEA.THE MARKED a50 NOT EAR k
IN HERE'HAVE BEEN REMOVED.
2.ALL AREA IN THE RED SHADED AREA SHOULD BE CLEARED EXCEPT THE
NUMSEREDITAGGEO TREES SHOWN GREYED BACK.THE BOLO NUMBEREDITAGGED
TREES SHALL BE REMOVED.THE BOLO TREES SHOWN ON THE CB-3 EXHIBIT
PROWDED HAVE NOW BEEN SHOWN HERE AS WELL FOR CLARITY.
121.THE TREES THAT ARE:1p g gNN WILL BE WRAPPED WITH FLAGGING TAPE BY
BCRUA CONTRACTOR SHALL VERIFY WHEN ARRIVING TO SITE THAT ALL TREES TO
ny
REMAIN ARE MARKED SO AS TO AVOD ACCIDENTALLY REMOVING ANY TREES THAT
rl;�1J�i ARE TOREMAIN. _
i
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GENERALNOTES ---
r LEGEND
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� ESC PLAN
FREMS .(JdLs PHASE 2 MICHO1 7 "f'L ..a.,x. RAW WATER DELIVERY SYSTEM CB 12
x ONLYCLEARWITHINTHE kit6SHADED 6FNF#IiFH S
AREA. _ - .i:Affi....:i..
OQ NOT DEMO ANY SURVEYED TREE NOT
SHOWN TO BE DEMOED ON THIS SHEET. ZZ%- --.I-_„_
GENERAL SURVEY ASSITANCE WILL BE
PROVIDED TO LOCATE TREES TO REMAIN _ _ -
' - AND EXTENTS OF CLEARING. -
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