city of florence, alabama e-7109 ln clr sraying.pdf · general contractors and subcontractors shall...

CITY OF FLORENCE, ALABAMA

Department of Purchasing

AN EQUAL OPPORTUNITY EMPLOYER INVITATION-TO-BID NUMBER E-7109

Bid opening: Tuesday, April 30th

, 2019

March 7, 2019 Ladies/Gentlemen:

In conformance with the Competitive Bid Law of the State of Alabama, you are invited to submit sealed proposals for labor, equipment, materials and incidentals necessary for electric line clearance spraying for the Florence Electricity Department, City of Florence, Alabama, in accordance with the approved plans, specifications and bidding documents.

Bidders are requested to quote unit prices for items of work as set out in the approved bidding documents. The unit prices shall be full compensation for all work required to satisfactorily complete the items of work involved. Additional work to be done or materials to be furnished, which in the opinion of the City of Florence represents a significant quantity, shall be authorized by change order agreement with the contractor.

All work shall be completed in accordance with the plans, specifications, and bid documents on file in the office of the Purchasing Agent.

By submission of a bid, the bidder certifies that he has examined the site and is familiar with these documents. Failure to review the bidding documents and the site of work will not relieve the Contractor of his responsibility for completing the work at no additional expense.

The following conditions are to apply concerning the above:

1. Prospective Bidders are required to attend a mandatory pre-bid meeting. The meeting will be held

in the conference room of the Florence Utilities Electricity Department Operations Building, 601 E. Reeder St., Florence, Alabama 35630, 9:00A.M. CDST, Wednesday, March 20th, 2019. (Contact Joe McPhail at 256-760-6533 for more information.)

2. Sealed bids will be received by the City of Florence, Alabama, in the Office of the Purchasing

Agent, Third Floor, Room 329, City Hall, 110 West College Street, Florence, Alabama 35630,

until 1:30 p.m., CDST, Tuesday April 30th

, 2019, and then publicly opened and read aloud in the City Hall Auditorium.

3. All bids must be sealed and “Invitation-to-Bid No. E-7109, to open April 30, 2019" clearly marked

on the outside of the envelope.

POST OFFICE BOX 388 • FLORENCE, AL 35631-0388 Telephone (256) 760-6629 • www.florenceal.org • Fax (256) 760-6344

4. The City of Florence reserves the right to accept or reject any and/or all bids and to waive any formalities.

5. Each bidder shall be required to file, with his bid, a bid bond in the amount of not less than 5% of

the bid amount, up to a maximum of $10,000.00, payable to the City of Florence, Alabama. Each bidder must file with his bid either a cashier’s check drawn on an Alabama Bank or a bid bond executed by a surety company authorized to make bonds in the State of Alabama.

6. The successful bidder will be required to furnish, prior to the time of the signing of the contract, a

Performance Bond in the amount of 100% of the contract price, if required by Alabama State laws.

7. The second Party must maintain adequate insurance as follows: workman’s compensation meeting State of Alabama statutory limits and public liability insurance: $500,000.00 per occurrence; $1,000,000.00 general liability; $1,000,000.00 completed operations; $1,000,000.00 personal & Adv. Injury; $50,000.00 fire damage (any one fire), and $5,000.00 medical expense (any one person). The City of Florence shall be named as additional insured and shall fully cooperate with the Contractor and its insurers.

8. The Contractor shall secure and pay for all required licenses and permits. No bid will be accepted from any contractor not having State Contractor’s Licenses in the State of Alabama if required by Alabama State laws. For every bid of $50,000 or more, the bidder shall print his/her State Contractors License number on the front of the envelope. Failure to print the State Contractors License number on the front shall be reason to disqualify the bid. For bids of less than $50,000, the bidder shall write on the outside of the bid envelope “Bid less than $50,000”.

9. Materials incorporated into the work are exempt from sales and use taxes pursuant to Acts of Alabama

No. 2000-684. General Contractors and subcontractors shall be responsible for complying with rules and

regulations of the Sales, Use and Business Tax Division of the Alabama Department of Revenue

regarding certificates and other qualifications necessary to claim such exemption when making

qualifying purchases from vendors. The City shall not consider claims for additional cost resultant of the

Contractor’s, or its subcontractor’s failure to comply with such rules and regulations.

10. In accordance with Section 39-3-5 of the Code of Alabama, preference shall be given to resident contractors, and a nonresident bidder domiciled in a state having a nonresident preference to local contractors shall be awarded Alabama public contracts only on the same basis as the nonresident bidder’s state awards contracts to Alabama contractors bidding under similar circumstances; and resident contractors in Alabama, as defined in Section 39-2-12, Code of Alabama, be they corporate, individuals or partnerships, are to be granted preference over nonresidents in awarding of contracts in the same manner and to the same extent as provided by the laws of the state of domicile of the nonresident bidder.

Nonresident bidders must accompany any written bid documents with a written opinion of an attorney at law licensed to practice law in such nonresidents state of domicile, as to the preferences, if any or none, granted by the laws of that state to its own business entities whose principal place of business is in that state in letting of any or all public contracts.

10. After the Bid opening, but prior to awarding the contract, a pre-award conference will be held to review the particulars of the contract and give each party a clear understanding of what is to be expected and adhered to.

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11. After award of the contract and before construction starts, a preconstruction conference will be held at a time and place set by the City of Florence.

12. The project shall be completed within a one (1) calendar year period from the date of the notice to

proceed. See page 19, item 20 for complete details.

After consultation with the Contractor, the notice to proceed will be issued on a date determined by the City of Florence.

Contract time shall be extended for reasons not under the direct control of the Contractor. This shall include, but not be limited to, acts of God such as weather, earthquake, etc., and conditions not under the direct control of the Contractor such as, but not limited to, delays in delivery caused by strikes, wars, etc., labor strikes, inability to access the construction area, emergency situations, etc.

Subject to exceptions listed above, failure to complete the project within the contract time will result in the assessment of liquidated damages in the amount of Five Hundred Dollars ($500.00) per day for each calendar day of delay until the work is completed.

13. The Contractor shall not sublet, sell, transfer, assign or otherwise dispose of this contract or any

portion thereof, or of his right, title, or interest therein, without written consent of the City of Florence. No subcontracts, or transfer of contract, shall relieve the Contractor of his responsibility under this contract and bonds as are required by Alabama Law.

After obtaining approval and before a subcontractor does any work, the prime contractor shall furnish to the City of Florence a copy of the executed subcontract. All provisions of this contract shall be included in any subcontract.

14. Unless otherwise indicated in the plans, specifications, or special conditions, the particular quantities shown on the bid schedule are approximate only and are prepared for the comparison of bids. Payment to Contractor will be made only for the actual quantities of work performed and accepted or materials furnished in accordance with the contract. The schedule or quantities of work to be done and materials to be furnished may each be increased, decreased, or omitted.

Additional work to be done or materials to be furnished, which in the opinion of the City of Florence represents a significant quantity, shall be authorized by change order agreement with the contractor.

15. The successful Contractor shall have a one-year warranty on all materials and workmanship

unless otherwise stated on the specifications. The one-year warranty period shall begin on the date of formal acceptance of the project by the City of Florence.

16. The Contractor, immediately after being notified that all other requirements of this contract have been completed, shall give notice of said completion by an advertisement one (1) time per week for four (4) successive weeks in some newspaper of general circulation within the City of Florence. Proof of publication of said notice shall be made by the Contractor to the City of Florence by affidavit of the publisher and a printed copy of the published notice. Should the finished contract amount equal less than $50,000, said notice of completion shall run one (1) time in some newspaper of general circulation.

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17. The Contractor shall submit to the City of Florence a letter of certification that all materials and labor are paid in full before final acceptance shall be made.

18. All provisions required by law in connection with the contract between the Municipality and the

successful, independent contractor are deemed, incorporated in the bid proposal.

19. The applicable portions of the enclosed General and Special Conditions shall be effective for the

work. 20. Please use the attached VENDOR’S BID SHEET (page 27) to submit your bid.

Very truly yours,

Ben Maharrey

Purchasing Department

Administrator

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SPECIAL CONDITIONS

1. Each bidder must submit a list of references from electrical utilities where they have worked in the

past five (5) years.

2. A pre-bid meeting will be held Wednesday March 20th, 2019 at 8:00 a.m. in the office of

Florence Utilities Electricity Department Operations Building, 601 E. Reeder Street, Florence,

Alabama. This is a mandatory meeting and all maps will be distributed at that time.

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Florence Electricity Department

ELECTRIC LINE-CLEARANCE SPRAY CONTRACT AND

SPECIFICATIONS

Distribution Line Clearance Section

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Wherever in the Contract the term “FED” is used, it refers to Florence Electricity Department and

any such department or individual who has been so authorized to represent Florence Electricity

Department.

Routine line-clearance tree work is necessary to ensure public safety and to provide FED customers

with a dependable supply of electric power.

Line-clearance must be accomplished in an environmentally responsible manner and must be

managed cost-effectively. All methods used in FED’s program conform to state and federal spray

guidelines, and Arboricultural standards as directed by the Utility Arborist Association,

International Society of Arboriculture and the National Arborist Association.

The line-clearance program at FED is professionally designed, implemented and monitored by

specialists in the natural sciences. A full time Arborist and State Licensed Applicator on FED’s

Line Clearance staff is charged with administering the program in the city of Florence, as well as,

Lauderdale County.

Two elements are critical to the success of the program. The first being dependable, dedicated

contractors who can supply quality equipment and a stable well-trained work force. The second

element involves the communication of well-defined expectations presented clearly in documents

such as working manuals and these specifications.

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CONTENTS

EXHIBIT “A” INSURANCE SPECIFICATIONS

I. Insurance Requirements…………………………………………………….10

EXHIBIT “B” COMMERCIAL SPECIFICATIONS

II. General Conditions…………………………………………………………12

EXHIBIT “C” ADMINISTRATIVE SPECIFICATIONS

III. Contractor Spray Crews……………………………………………………21

Requirements, Crew Makeup, Reporting

IV. Contractor Supervision……………………………………………………..21

Requirements, Duties, Reporting,

Supervision Classifications

V. General Provisions…………………………………………………………23

Process Reports, Private Work

VI. Technical Specifications…………………………………………………...24

Private Property, Public Contacts,

Method of Approach, Permits

For Routine Spray Work,

Ingress and Egress, Customer Interference,

Skips, Distribution Line Treatment Widths,

Transmission Line Treatment Widths,

Use of Herbicides,

Description of Work Types

Forms and Guides and Worksheets

VENDORS BID SHEET……………………………….…………………27

Spray bids

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EXHIBIT “A” INSURANCE SPECIFICATIONS


Electric Line Clearance Spray Contract and Specifications

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I. INSURANCE REQUIREMENTS

1. The Contractor, at his expense, shall procure and maintain during the term of this

contract, with insurance companies acceptable to the City, policies of insurance

providing, at a minimum, the following coverage and limits and complying with the

other requirements stated below:

A. Worker’s Compensation in statutory amounts and Employer’s Liability with a

minimum limit of $100,000 per person.

B. Comprehensive General Liability, including Bodily Injury, Broad Form Property

Damage, Broad Form Contractual Liability, Products, Completed Operations, and

Personal and Advertising Injury, with a combined single limit of $1,000,000 per

occurrence. The Comprehensive General Liability policy shall also provide,

whether by endorsement to remove exclusions or otherwise, coverage in the

amount for liability resulting from the possession, handling, storing, transporting,

spraying, and other application of chemicals designated as herbicide and

herbicide additives.

C. Comprehensive Automobile Liability, including owned, hired and non-owned

automobiles, for Bodily Injury and Property Damage with a combined single

limit of $1,000,000 per occurrence.

D. The Contractor hereby waives, and if required by the above policies will cause its

insurer(s) to issue endorsements thereto to waive, all rights of subrogation against

the City with respect to any claims or loss payable or paid under each such

policy.

E. The City shall be added as an Additional Insured on the policies set forth in B.

and C. above.

Each of the above required policies shall contain a provision whereby the insurance carrier will notify the City at least thirty

(30) days prior to the effective date of cancellation, non-renewal or material change in any of said policies. When requested,

the Contractor shall promptly submit to the City a certificate, signed by an authorized representative of the insurance carrier,

listing the policies, coverages and limits and certifying that the said policies shall be in effect for the time periods stated in

their certificate.

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EXHIBIT “B” COMMERCIAL SPECIFICATIONS



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II. GENERAL CONDITIONS FOR PROVIDING ELECTRIC LINE-CLEARANCE SPRAYING

1. DEFINITIONS

Whenever the terms “as approved”, “approval”, “acceptable”, “satisfactory”, or “equal”

or other similar terms are used in any specification to this Contract, such terms shall,

unless otherwise expressly stated, mean as reviewed and approved by FED, and no such

review or approval shall relieve Contractor of any Contractor’s obligations under this

Contract.

The Contractor shall be deemed an independent Contractor. The Contractor shall

perform all work hereunder with its own equipment and personnel and according to its

own means and methods, which shall belong to and shall remain in the exclusive charge

and control of the Contractor. Said work shall not be subject to any control or

supervision by FED, except as to the results of the work, and it is expressly understood

that FED does not directly hire or rent the use of said equipment or personnel or assume

any liability for the use or method of use thereof.

The term “work” includes, and Contractor shall furnish unless otherwise expressly

stated, all or any part of such labor (including the services of all trades, methods,

material, consumables, expendables, supervision, tools, equipment, and transportation of

other facilities as may be necessary to complete the contract, and all extra orders

normally considered part of the type of project covered by the Contract whether or not

fully detailed on the drawings (if any) or listed in detail in the specification.

2. INTERPRETATION OF CONTRACT

FED shall interpret the Contract and any specification and drawing pertaining to the

Contract. In case of conflict in the Contract and FED’s Specifications and Drawing,

FED shall resolve such conflict. The Contractor shall advise FED immediately of any

such discrepancy or conflict. The terms and conditions of these General Conditions and

the Specification shall govern the Contract and, unless FED at any time gives written

notice to the contrary, shall take precedence over the terms and conditions of any other

part of the Contract. FED shall arbitrate any controversies in regard to the work that may

arise between the Contractor and other contractors. All decisions of FED shall be final

and binding on all parties involved.

3. TAXES/FEES (Licenses, etc…)

It is mutually agreed that all applicable federal, state and local net or gross income

receipts taxes and all use and similar taxes, fees or licenses are deemed to be included in

the contract price, and FED shall not reimburse Contractor therefor, such items being the

sole liability and obligation of Contractor.

4. INSPECTION AND TESTING

FED shall have the right at all reasonable times to inspect the work. Contractor shall

furnish all reasonable assistance and access for such inspection. FED may reject any

work found to be defective or not in accordance with the Contract regardless of the time

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or place of discovery of such errors, and regardless of whether FED’s inspector has

previously accepted the work through oversight or otherwise. Such inspection by FED

shall in no way relieve Contractor from its obligation under the Contract. In addition to

the foregoing, Contractor shall immediately notify FED in writing if Contractor at any

time discovers any part of the work to be defective or not in accordance with the

Contract.

5. PROGRESS

Contractor will be required to finish all projects they are awarded within one (1) year of

notice to proceed, which will be in writing from FED. See page 19, Item 20 for complete

details.

6. CORRECTION OF WORK AND WARRANTY

Workmanship shall be the best of its respective kind. Contractor agrees that competent

and adequately skilled workmen shall perform all work. Contractor warrants the work

will be of the best quality and satisfactory to FED in every particular, and agrees,

promptly and at its own expense, to remedy in conformity with the contract, any part of

the work which is declared nonconforming or otherwise unsuitable for the purposes

contemplated by this Contract. If Contractor does not remove, remedy or replace any

such work within a reasonable time after written notice by FED, FED may remove,

remedy or replace it at Contractor’s expense.

If FED shall deem the Contractor inexpedient to correct defective work, work done not

in accordance with the Contract, or damaged work of other contractors as provided in

this Article 6, or to correct work lost or damaged which should be repaired or restored,

forfeiture of the contractors 10% invoice retainage will be enforced if damages are equal

to or less than 10% of the contract pricing for that particular circuit. Any damages above

10% will be withheld from further contract work or charged as appropriate.

Contractor shall be responsible for completely fulfilling all performance specifications

contained in the Contract.

7. PERMITS AND PUBLIC REGULATIONS

The Contractor shall, at its sole expense, obtain any and all permits, licenses, consents,

waivers, and/or releases, which are necessary or required for the performance of the work

hereunder, and copies of all said documents shall be furnished to the FED Line Clearance

Supervisor immediately upon request thereof; this does not include the Environmental

Protection Agency (EPA) requirements on the National Pollutant Discharge Elimination

System (NPDES) permit, and State of Alabama, Department of Transportation (ALDOT)

Permits. If the Contractor is unable to obtain any of said documents for any reason, it

shall advise FED Line Clearance Supervisor immediately in writing. FED shall be

responsible for obtaining any permits related to regulations dealing with NPDES

(currently FED is not obligated to submit permits with NPDES), Contractor shall give all

required notices and shall comply with all applicable laws, ordinances and regulations of

any public authorities having jurisdiction. If Contractor discovers that the Specification

forming a part of the Contract is at variance with any legal requirements, it shall promptly

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notify FED in writing. If Contractor performs any work which is contrary to any

instructions from FED to proceed with such work, Contractor shall bear all penalties and

costs arising therefrom.

8. JURISDICTIONAL DISPUTES

The Contractor engaged in work on the project shall furnish FED with copies of all labor

agreements applying to its employees at the work site when requested. The Contractor

shall be directly responsible for the labor relations of its own employees and shall

immediately notify FED of any dispute which arises and provide a full statement of the

attendant facts and any solution proposed by the Contractor. The Contractor shall keep

FED fully informed of all disputes and shall take action and exert maximum effort to

resolve any dispute that arises.

9. EXECUTION OF WORK

Contractor shall provide all labor, tools, materials, etc., which may be necessary for the

work. Contractor shall keep all its tools, equipment and materials, etc., in such condition

that the work can be carried out with safety to FED’s customers, FED’s employees and

the Contractor’s employees and also to other persons and property on or near the work

site. Contractor shall maintain a competent crew foreman at the work site at all times to

supervise the work and conduct it in cooperation with FED and in coordination with all

other work being done on the premises. The Contractor supervision shall be acceptable

to FED and may not be changed except by the request of FED unless said supervision

proves to be unsatisfactory to Contractor or ceases to be in Contractor’s employ.

10. WORK SITE RULES AND REGULATIONS

Contractor shall abide by any and all rules FED may have in effect or hereafter put into

effect at the site of the work. If in FED’s judgment it is desirable, Contractor shall at

FED’s request remove any of Contractor’s employees from the work.

11. TERMINATION

A. GENERAL

FED reserves the right, without any liability to Contractor except to pay for work

satisfactorily completed and accepted by FED prior to termination (as determined

by FED), to terminate all or any part of this Contract in the event of the

happening of any of the following:

1. Insolvency of Contractor, the filing of voluntary petition in bankruptcy by

Contractor, the filing of an involuntary petition to have Contractor

declared bankrupt, the appointment of a Receiver or Trustee for

Contractor, or the execution by Contractor of an assignment for the

benefit of creditors;

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2. If Contractor breaches any of the terms of this Contract including any

warranty of Contract;

3. If Contractor fails to comply with or perform any of the provisions of this

Contract;

4. If Contractor for any reason fails to perform the work as specified in this

Contract;

5. If Contractor fails to make progress as to endanger the performance of this

contract;

6. If any of Contractor’s equipment, tools, etc., be seized by judicial process;

7. If Contractor at any time refuses or neglects to supply such number of

properly skilled workmen as shall be determined at any time or from time

to time by FED as being required to complete the work in accordance

with the contract schedule provided in Contract, or if no such schedule is

provided, then within a reasonable time;

8. If Contractor fails or refuses for any reason whatsoever (regardless of

whether such failure or refusal shall be due to its negligence or otherwise)

to supply proper materials;

9. If Contractor disregards laws, ordinances, regulations or the instructions

of FED.

B. FOR CONVENIENCE OF FED

In addition to the foregoing, this Contract is subject to termination in whole or in

part at any time at the election of FED upon written notice to Contractor; and

upon such termination, Contractor shall forthwith discontinue all work and the

incurring of any additional expenditures in relation to this Contract, except as

may be directed by FED in such termination notice. Upon receipt of notice of

termination, for the convenience of FED, Contractor waives all claims for

damages, including but not limited to, loss of anticipated profits, idle equipment,

labor and facilities, and accepts the following as sole and complete compensation:

1. If the Contract is terminated before Contractor commenced any work or

preparation for work, no payment shall be made to Contractor.

2. If the Contract is terminated after Contractor has commenced

mobilization or other off-site activities but prior to any performance of the

work, FED shall pay Contractor the actual cost, including administrative

and general overhead, of any preparation to perform the authorized work.

3. The Contractor shall be paid for all work completed before the notice of

termination. Work completed shall be determined by FED.

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Title to all materials for which FED has paid Contractor hereunder shall

vest in FED and such material may be disposed of as directed by FED.

Within ten (10) calendar days of the date of notification of the

cancellation, Contractor shall submit to FED a complete status report of

the progress of the work up to the date of notification with supporting

documentation. The progress report shall include the status of work in

progress and work completed.

12. PROPERTY DAMAGE INSURANCE

Until accepted in its entirety by FED, the work shall be at Contractor’s risk, and if any

loss or damages to customer property occurs from the work, Contractor shall, without

cost to FED, promptly repair damages. Contractor waives all claims against FED for loss

or damage to Contractor’s property. Contractor shall protect FED’s property from and

shall be responsible for any loss or damage arising out of the execution of the work.

13. INVOICING INSTRUCTIONS

A. All invoices must be made out to City of Florence, Electricity Department and

addressed to:

B.

City of Florence, Electricity Department

Attn: Joe McPhail

P.O. Box 877

Florence, AL 35631-0877

C. All invoices submitted must state the following information within the invoice

body:

1. FED’s purchase order number (E-7109)

2. Project Number (Project 1-15)

3. Brief description of the work performed. (Spray)

4. Agreed to terms of payment (Net 30 after receipt).

14. PAYMENTS

No certificates given or payments made shall be considered as conclusive evidence of the

performance of the Contract, either wholly or in part, nor shall any certificate or payment

be construed as acceptance of any defective part of the work. Contractor shall, if

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requested by FED, at the time of any request for a partial or final payment, furnish FED

with a verified certificate showing names of subcontractors hereunder, the work

completed by Contractor and/or subcontractor and the amount payable to each.

Contractor shall furnish a waiver or other evidence acceptable to FED that Contractor

and said subcontractors have been paid in full or in sufficient amount to justify the

requested payment, and shall in all other respects comply and cause all subcontractors to

comply with the requirements of applicable local laws, to the end that FED shall be fully

protected against claims for all work covered by such payments. Acceptance by

Contractor of final payment on the Contract price shall constitute a waiver of all claims

against FED.

It is agreed that FED may withhold payment for work done to the extent of protecting

itself against loss on account of:

1. Defective work not remedied.

2. Claims filed or reasonable evidence indicating probable filing of claims.

3. Damages by Contractor to structures or properties.

4. Inaccurate or omitted progress reports.

When the above issues are remedied, payments shall be made of any amounts withheld

because of them.

15. ASSIGNMENT OR SUBLEASE

Contractor shall not assign or sublet the work in any part thereof without first obtaining

FED’s written approval. Approval of a subcontractor will not be given unless such

subcontractor is acceptable to FED and, further, unless said subcontractor shall assume

all of the provisions of the Contract insofar as applicable to such subcontractor.

The Contractor shall be responsible for the acts, errors and omissions of its

subcontractors and of all persons employed by them. If for sufficient reason, at any time

during the process of the work, FED determines that any subcontractor is performing the

work in a less than satisfactory manner, FED will notify the Contractor accordingly and

immediate action shall be taken for the cancellation of such subcontract. Subcontracting

by any subcontractor shall be subject to the same requirements and provisions hereof.

Nothing herein shall create any contract between any subcontractor and FED of any

obligation on the part of FED to pay, or see to the payment of, any sums of any

subcontractor of the Contractor.

16. SAFETY AND FIRST AID

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It shall be the responsibility of the Contractor and its subcontractors to provide and

maintain first-aid facilities at least equal to those required by applicable laws,

regulations, and ordinances. Contractor shall indemnify FED and FED’s representatives

from and against all liability for any violation of such laws and regulations. Contractor

shall take all reasonable precautions to insure the safety of all persons and property on or

off FED’s premises and to protect the public against injury to persons or property.

The Contractor and its subcontractors shall promptly reconcile all unsafe conditions and

all unsafe practices on the part of the Contractor’s employees. Contractor or any of its

subcontractors shall not be relieved of any responsibility provided under this Article

because FED has given any directives or has failed to detect or order the correction of

any unsafe conditions or practices.

If in the opinion of FED, said work is not being executed in a safe manner as defined

herein, FED may order the work stopped immediately. Work shall not be resumed until

the Contractor has employed proper methods. All equipment used in the performance of

the work shall be in first class condition. Any equipment which in the opinion of FED is

inadequate or unsafe, shall be removed and replaced at the Contractor’s expense.

All work done under this Contract shall comply with the rules and regulations of the

Federal Occupational Safety and Health Administration covering the health and safety of

employees and the most current ANSI standard Z133. Any accidents to persons or

damage to property occurring directly or indirectly from or in connection with the

performance of the work herein provided for shall be promptly reported by the

Contractor to FED.

17. COMPLIANCE WITH LAWS, ORDINANCES AND REGULATIONS

Contractor shall at all times be solely responsible for complying with all applicable

Federal, State and local laws, ordinances and regulations in connection with the work.

18. NOTICES

All notices hereunder shall be in writing and may be served upon the Contractor in

person if an individual, or upon an officer of Contractor if a corporation, or upon a

partner of Contractor if a partnership, or upon any superintendent or other person with

supervisory authority representing FED at the site of the work and shall be effective upon

such service.

19. CONFIDENTIALITY

All plans, diagrams, drawings, specifications, and the like furnished to Contractor

pursuant to the work is the sole and separate property of FED. Contractor shall take all

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reasonable precautions to protect the confidentiality thereof and shall not disclose the

contents thereof without the prior written consent of FED.

20. CONTRACT STRUCTURE AND DATES

This contract is valid for exactly one (1) year from the written notice to proceed, which

FED will email to Contractor upon executed Contract. The Contract will be awarded on

a per project basis. Low bidders will be awarded and there is the possibility of multiple

vendors receiving an award.

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EXHIBIT “C” ADMINISTRATIVE SPECIFICATIONS



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III. CONTRACTOR SPRAY CREWS

The following identifies the procedures for the daily administration of contracted spray crews

under this agreement:

A. REQUIREMENTS

1. Because Contract crews interface on a daily basis with FED’s customers and as

such represent FED, their appearance is an important consideration. All crew

members shall wear shirts in the Contractor’s color/s with the Contractor’s name

embossed on the front. Sleeveless, torn, dirty or stained clothing shall not be

permitted.

B. REPORTING

1. Daily crew reporting procedures concerning each crew’s daily work locations and

crew makeup shall be mutually agreed upon between the Line Clearance

Supervisor and the Contractor.

2. Each crew foreman shall report first to the contract supervision, and

contract supervision will report to FED Dispatcher as soon as possible, any

personnel injuries, accidents, property damages, and any line outages or

suspected line outages the crew may have caused. The phone number for

dispatch is 256-740-6033. This number shall not be given to the public under

any circumstances; this number is for employee and Contractor use only.

3. Crew foreman shall be responsible for completing a weekly herbicide application

report as required by the Alabama Department of Agriculture and Industries and

the USDA. Contractor shall furnish the appropriate forms.

IV. CONTRACTOR SUPERVISION

The following identifies the duties and clarifies the responsibilities of the Contract Supervision:

A. REQUIREMENTS

1. The Contractor shall provide a minimum of one Supervisor with a valid

pesticide applicator’s license (State of Alabama Category R-O-W/GRD).

Proof of License must be presented to FED before execution of contract.

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2. One (1) Supervisor must be in FED’s service area at all times work is in progress.

3. The supervision shall maintain a cell phone with text and email capabilities

during all work hours to maintain constant contact with Utility supervision.

4. Because contract supervision interfaces frequently with FED’s customers and as

such represents FED, their appearance is an important consideration.

5. If single contractor has more than one group or if a subcontractor is present under

said contractor, contractor will coordinate to have one supervisor to coordinate all

complaints, or other issues between all groups involved.

B. CONTRACT SUPERVISION DUTIES

1. GENERAL DUTIES

a. Contract supervision shall be responsible for ensuring that

assigned crews are properly staffed, trained, and licensed.

b. Contract supervision shall ensure that the appearance of the

Contractor’s equipment and personnel are acceptable.

c. Contract supervision shall be responsible for crew effectiveness,

work productivity, arboricultural quality and safe work practices.

d. Contract supervision shall monitor crews’ effectiveness ratings

and shall have an understanding of productivity reports in order to

identify potential problem areas.

e. Contract supervision shall verify that work areas are completed

and provide documentation to the Line Clearance Supervisor of

any incomplete work. Any unsatisfactory or inadequate work

shall be redone at Contractor’s expense.

f. Contract supervision shall be responsible for riding lines and

approving as complete before FED rides and gives final approval

for payment.

g. Contract supervision shall maintain contact with the Line

Clearance Supervisor on matters dealing with line clearance spray

contract and specifications.

23

h. Contract supervision shall contact the Line Clearance Supervisor

weekly to report planned activities, crew makeup, work locations

and to receive special instructions.

i. Contract supervision shall verbally notify the Line Clearance

Supervisor of any personal injuries, accidents, complaints, or

property damages as soon as possible after occurrence. A written

report shall be submitted to the Line Clearance Supervisor

thereafter.

j. The Line Clearance Supervisor shall be notified in advance of any

time that the contract supervision and any crews under their

supervision are planning to leave FED’s service territory for

extended periods of time. FED reserves the right to refuse any

absences at its discretion.

V. GENERAL PROVISIONS

A. PROGRESS REPORTS

1. The Contractor’s area supervisor assigned to this contract shall contact the

Line Clearance Supervisor at least once quarterly to discuss the operation,

update Line Clearance Supervisor on progress, and deliver a written

progress report. Included in report will be projects working on and

percentage complete dates of completed projects and any other information

contractor deems appropriate.

B. PRIVATE WORK

1. Under no circumstances shall the Contractor’s employees solicit or accept

payment for services rendered to products resulting from the work, throughout

the term of this contract.

2. The Contractor shall remove any employee found to be soliciting, pricing, or

performing private work during FED working hours.

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VI. TECHNICAL SPECIFICATIONS

A. PUBLIC CONTACTS

1. The Contractor’s numerous daily contacts made both with public agents and FED

customers provide an ideal opportunity to improve public relations for FED. It

shall be distinctly understood that in meeting such people, the contact person is

representing FED. His appearance, attitude and method of approach can reflect

either credibly or unfavorably upon both the company and the Contractor. Each

work site must have at least one (Fluent) English-speaking worker present at all

times. Contract personnel shall make clear to property owners the name of their

company and that they are contracted by FED to perform line-clearance work.

All complaints and claims addressed to trimming crews shall be directed to the

Contractor Supervision and then reported to the Line Clearance Supervisor if

appropriate.

2. Notification will be performed in advance for contracted spray work by FED.

Letter will be the primary method of notification.

B. INGRESS AND EGRESS

1. The property owner, agent or tenant shall always be contacted when

practical, by courtesy knock, before entering private property. If there is no

direct access to the area, use the best route specified by the property owner, agent

or tenant. It is the responsibility of the Contractor to use appropriate caution in

traveling over the area.

2. The cutting and subsequent repair of fences shall be arranged with the property

owner, agent or tenant.

3. The property owner, agent or tenant should be consulted to locate any field tile,

septic system, etc. The Contractor should use reasonable means to assure that

these items will not be damaged.

C. CUSTOMER INTERFERENCE

In situations involving customers who prevent crews from treating areas as outlined in

this specification, the crew foreman shall notify the Contractor Supervision of the

situation. The Contract Supervision shall then meet with the customer as soon as

practical thereafter in order to resolve the conflict. If Contract Supervision is not

successful, he shall then notify the FED Line Clearance Supervisor, the Line Clearance

Supervisor will try to resolve the conflict.

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D. SKIPS

The crew foreman shall maintain an up to date list of treatment areas that the crew

skipped for one reason or another. The Contract Supervision shall ensure that such work

has been completed before the crews leave FED service area.

E. DISTRIBUTION RIGHT OF WAY TREATMENT WIDTHS

1. In all cases, a width of fifteen (15) feet shall be acquired (from outside phases) on

voltages in excess of 240 volts but less than 46KV to ensure public safety. FED

Line Clearance Supervisor or authorized line clearance staff must approve any

clearances less than this.

2. A minimum of fifteen (15) feet width shall be obtained for all transformers,

primary lines (from outside phases), risers, and associated equipment.

3. A minimum of five (5) feet width shall be obtained for all open wire secondary

lines.

F. TRANSMISSION LINE TREATMENT WIDTHS

1. To ensure public safety, in all cases, at least twenty-five (25) feet of width (from

pole center) must be acquired.

G. USE OF HERBICIDES

1. All foliar, hack and squirt, or basal herbicide applications on public or

private property, must be preceded by documented notification to the

affected owner, using all reasonable means to inform the owner of future

work. FED will secure notification.

2. The use of herbicides shall be in accordance with all applicable local,

state, and federal regulations, as well as all label instructions.

3. All herbicide applications shall be made under the direct supervision of a

licensed pesticide applicator with certification in ROW/GRD.

4. A 10% retainer will be carried over into the next growing season to

cover quality control of 95% of vegetation sprayed.

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5. Application Techniques

a. The following application techniques are permitted upon

review of the Line Clearance Supervisor:

1. Cut stump treatment

2. Hack and squirt or injection

3. Basal bark treatment

4. Foliar spray, low volume

27

Florence Electricity Department, Spray Vendor Bid Sheet 2019

Substation Work Type Overhead Mileage Spray Bid Contractor

Project #1 Spray 14.9






Project #7 Spray 68









Totals 758.9

Written Total: _______________________________________Dollars and ___________________Cents

SIGNATURE OF AUTHORIZED PERSONNEL:

PRINT NAME:__________________________________________________________________________

DATE SIGNED:__________________________

COMPANY NAME:______________________________________________________________________

ADDRESS:_____________________________________________________________________________

CITY:____________________________________________STATE:______________ZIP______________

TELEPHONE NUMBER: __________________________________________________________________

PRINT EMAIL ADDRESS:_________________________________________________________________

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