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Bid Title: Electric Line Right-of-Way Line Clearing Services in Starkville, Mississippi
Category: Bid Postings
Status: Closed

Description:

Specifications & Proposal
For Electric Line Right-of-Way Line Clearing Services
March 12, 2018
Prepared for:
City of Starkville Utilities
P.O. Box 927 Starkville, Mississippi 39760
Prepared by:
Atwell & Gent, P.A. Consulting Engineers 309 University Drive
Starkville, MS 39759
A&G Job No.: 101E6012

ADVERTISEMENT FOR BIDS CITY OF STARKVILLE UTILITIES

Notice is hereby given that the City of Starkville will receive sealed bids for Electric Line
Right-of-Way Line Clearing Services in Starkville, Mississippi.

Bids are due at the Office of the City Clerk, City Hall, 110 West Main Street, Starkville,
Mississippi 39759, or can be emailed to by 2:00 P.M. local time on April
23, 2018, at which time they will be opened publicly, read aloud, and taken under advisement until
the next meeting of the Mayor and Board of Aldermen.

Specifications and bidding documents may be examined at the office of the City Clerk of the City of
Starkville at the location stated above or may be obtained from the Engineer for the Project:

Atwell & Gent, P.A.
P. O. Box 2558
Starkville, Mississippi 39760-2558
Telephone (662) 324-5658

The bid opening will be held in the Conference Room at City Hall, interested persons are invited to
attend.

No bid shall be withdrawn for a period of forty-five (45) days after the scheduled date and time of
opening of bids without written consent of the City. The City of Starkville reserves the right,
within the limitations of state law, to reject any or all bids received, to waive any informalities
or irregularities in the bids received, or to accept any bid which is deemed most favorable to the
City.

CITY OF STARKVILLE, MISSISSIPPI





















PUBLISH:
March 23, 2018
March 30, 2018 Starkville Daily News



















BY:                                                                        
Lesa Hardin, City Clerk

TABLE OF CONTENTS

ELECTRIC LINE RIGHT-OF-WAY LINE CLEARING SERVICES STARKVILLE UTILITIES
STARKVILLE, MISSISSIPPI

TITLE
....................................................................................................
............................................ PAGES






COVER
ADVERTISEMENT FOR BIDS
TABLE OF CONTENTS
....................................................................................................
........................ 1
INSTRUCTIONS TO
BIDDERS.............................................................................................
................ 2-4
PROPOSAL FORMS (2 SETS OF 3)
....................................................................................................
 5-10
AGREEMENT...........................................................................................
........................................... 11-24













1

INSTRUCTION TO BIDDERS

ELECTRIC LINE RIGHT-OF-WAY LINE CLEARING SERVICES STARKVILLE UTILITIES
STARKVILLE, MISSISSIPPI

Bids that are sent by mail shall be clearly marked "Bid Enclosed" or "Bid Envelope Enclosed" as
appropriate. The sealed envelope containing the bid shall have the following information shown  on
the envelope:

BID ENCLOSED

ITEM: ELECTRIC LINE RIGHT-OF-WAY LINE CLEARING SERVICES OWNER: STARKVILLE UTILITIES
BIDDER:                                                                                            
                                  











ADDRESS:                                                                                           
                                












BID DUE:  REFER TO ADVERTISEMENT FOR BIDS
Bids that are sent by mail or by parcel delivery service should be addressed to: Lesa Hardin, City
Clerk
City of Starkville
City Hall, 110 West Main St. Starkville, Mississippi 39759
The Engineer for this project is: Atwell & Gent, P.A.
P.O. Box 2558
Starkville, Mississippi 39760-2558
Telephone (662) 324-5658

The Engineer will represent the Owner in all matters pertaining to this project, including but not
limited to, answering technical questions of prospective bidders and recommendations of lowest and
best bid.

Submit all questions about the specifications to the Engineer, in writing.  Replies will be issued
to  all prospective Bidders of Record. Neither the Engineer nor the Owner will be responsible for
oral clarifications.

2

Bidder shall insert regular hourly rates in the appropriate blank spaces on the Bid Proposal Form
for each item of labor or equipment being proposed. Bidder shall also insert after-hours hourly 
rates for emergency storm restoration overtime work in the appropriate blank spaces on the Bid
Proposal Form for each item of labor or equipment being proposed. The regular-hours labor and
equipment rates and after-hours emergency storm restoration labor and equipment rates will be 
utilized in the agreement between the OWNER and CONTRACTOR for this Work. The regular- hours labor
and equipment rates and after-hours emergency storm restoration labor and  equipment rates entered
on the Bid Proposal Form shall be inclusive and shall include all costs necessary to accomplish the
Work required by the OWNER, in accordance with  these  specifications and terms and conditions
hereinafter.

Starkville Utilities intends to evaluate this proposal based on the utilization of a four person
right- of-way clearing crew, as required from time to time by Starkville Utilities, with the
following personnel and equipment shown below:

Labor:
1 Each.......................................... Working Supervisor
1 Each.......................................... Working Forman
1 Each.......................................... Trimmer
1 Each.......................................... Groundman

Equipment:
1 Each.......................................... Bucket Truck
1 Each.......................................... Chipper Truck
1 Each.......................................... Pickup Truck
1 Each.......................................... Chipper
1 Lot............................................. Saws as Required

Bidders shall complete both copies of the Bid Proposal Form bound in this specification and shall
submit both copies to the Owner at the time that the Bids are due.  Bidders taking exceptions to
any part of the Agreement included as a part of this RFP shall show such exception on the Bid Form
in the space provided. If exceptions are not shown on the Bid Form, then Bidder agrees to provide
the services as shown in the Right of Way Line Clearance Services Agreement included in this
Request for Proposals for the amounts shown on the Bid Form. Bids that are modified, excepted, or
in any way changed from the Agreement that the Owner is requesting in this request for Bids may be
rejected by the Owner.



3

While Starkville Utilities will evaluate this bid based on the criteria described in this
Instruction to Bidders, it reserves the right to alter the number and job classifications composing
a crew and the items of equipment to be used, as required to accomplish the OWNER’s Work.

Starkville Utilities retains the privilege of accepting or rejecting all or any proposals and
waiving any informalities or technicalities therein, or to award this Bid to the Proposer
providing, in the sole judgement of the Owner, the best overall value for anticipated work to be
performed by the successful Proposer under this Agreement.

















4

MATERIALMAN'S PROPOSAL

ELECTRIC LINE RIGHT-OF-WAY LINE CLEARING SERVICES STARKVILLE UTILITIES
STARKVILLE, MISSISSIPPI

TO:  Lesa Hardin, City Clerk Office of the Mayor, City Hall City Hall, 110 West Main St.
Starkville, Mississippi 39759

The undersigned (hereinafter called the CONTRACTOR) acknowledges by his signature that he has
received and examined the documents entitled "Specifications and Bid Proposal for ELECTRIC LINE
RIGHT-OF-WAY LINE CLEARING SERVICES” for Starkville Utilities, dated March 12, 2018, and has
included the provisions of the Specifications in his Proposal. The CONTRACTOR further acknowledges
that he has received the following addenda:

Addendum No.                        Dated                                                      












The CONTRACTOR hereby proposes to provide to Starkville Utilities (hereinafter called OWNER)
electric line right-of-way line clearing services, as required time to time by OWNER; Starkville,
Mississippi, upon the terms and conditions herein contained in the ELECTRIC LINE RIGHT-OF-WAY LINE
CLEARING SERVICES AGREEMENT, as shown below:

Compensation to the contractor by the OWNER shall be in accordance with proposed rates submitted by
the CONTRACTOR with this proposal.

1.     BASIS OF CHARGES: LABOR

The rate per hour for labor shall be all inclusive and include any costs of profit, employee
benefits and all overhead costs for home office, job site, executive, supervisory, clerical
personnel, and the costs of Federal Income Contribution Act, State Unemployment Insurance, Federal
Unemployment Tax, required insurance coverages, holidays, vacation, sick leave, etc. .





















Straight Time                            After-Hours
Classification                                              Rate per Hour                          
Rate per Hour























Working Supervisor                                   $                                             
 $                           
























Working Foreman                                      $                                             
  $                           



























5

Trimmer                                                       $                                    
           $                           


Groundman                                                 $                                        
       $                           



2.     BASIS OF CHARGES:  REQUIRED EQUIPMENT

The rate per hour for equipment shall be all inclusive and include any costs of ownership,
licensing, maintenance, insurance, fuel, lubricants, and all other operating costs, except for
operators that shall be charged under labor. Further, all small tools and equipment, traffic
control signs and devices, hand and power actuated tools and cutters, files, bits, ropes, etc.,
including all necessary personal protective equipment to provide Electric Line Right-of- Way Line
Clearing Services shall also be included in equipment rates.
Straight Time                            After-Hours
Classification                                              Rate per Hour                          
Rate per Hour










Bucket Truck                                               $                                       
        $                           











Chipper Truck                                             $                                        
      $                           












Pickup Truck                                               $                                       
        $                           














Chipper                                                        $                                   
            $                           















Power Saw                                                   $                                      
         $                           
















Tractor and Bush Hog                               $                                               
$                           

















3.     BASIS OF CHARGES:  OTHER AVAILABLE EQUIPMENT

The rate per hour for equipment includes the costs of ownership, licensing, maintenance, insurance,
fuel, lubricants, and all other operating costs, except for operators that shall be charged under
labor.  Further, all small tools and other devices or materials incidental to  the equipment shall
also be included in equipment rates. CONTRACTOR may attach additional sheets as necessary.

Equipment                                                                                          
                          Rate per Hour























$                          

























$                          



























6

$                          


$                          



The CONTRACTOR’s cost shall be determined from the supplier’s invoices plus transportation charges
to the CONTRACTOR’s job site.

4.     OTHER CONSIDERATIONS:

It is understood by the undersigned that the OWNER retains the privilege of accepting or rejecting
all or any part of this proposal and to waive any informalities or technicalities therein.
Counter-proposals or qualified bids shall be subject to rejection at the discretion of the OWNER.

It is also understood by the undersigned that the OWNER reserves the right to conduct
investigations to evaluate the proposals received and to award the bid for this equipment  to the
lowest Bidder, who in the OWNER’s evaluation will provide the equipment which will be in the best
interest of the OWNER.

CONTRACTOR

BY:                                                                                                
 














TITLE:                                                                                            















ADDRESS:                                                                                    

















TELEPHONE NO.:                                                                      



















DATE SIGNED:                                                                           



























7

MATERIALMAN'S PROPOSAL

ELECTRIC LINE RIGHT-OF-WAY LINE CLEARING SERVICES STARKVILLE UTILITIES
STARKVILLE, MISSISSIPPI

TO:  Lesa Hardin, City Clerk Office of the Mayor, City Hall City Hall, 110 West Main St.
Starkville, Mississippi 39759

The undersigned (hereinafter called the CONTRACTOR) acknowledges by his signature that he has
received and examined the documents entitled "Specifications and Bid Proposal for ELECTRIC LINE
RIGHT-OF-WAY LINE CLEARING SERVICES” for Starkville Utilities, dated March 12, 2018, and has
included the provisions of the Specifications in his Proposal. The CONTRACTOR further acknowledges
that he has received the following addenda:

Addendum No.                        Dated                                                      












The CONTRACTOR hereby proposes to provide to Starkville Utilities (hereinafter called OWNER)
electric line right-of-way line clearing services, as required time to time by OWNER; Starkville,
Mississippi, upon the terms and conditions herein contained in the ELECTRIC LINE RIGHT-OF-WAY LINE
CLEARING SERVICES AGREEMENT, as shown below:

Compensation to the contractor by the OWNER shall be in accordance with proposed rates submitted by
the CONTRACTOR with this proposal.

1.     BASIS OF CHARGES: LABOR

The rate per hour for labor shall be all inclusive and include any costs of profit, employee
benefits and all overhead costs for home office, job site, executive, supervisory, clerical
personnel, and the costs of Federal Income Contribution Act, State Unemployment Insurance, Federal
Unemployment Tax, required insurance coverages, holidays, vacation, sick leave, etc. .





















Straight Time                            After-Hours
Classification                                              Rate per Hour                          
Rate per Hour























Working Supervisor                                   $                                             
 $                           
























Working Foreman                                      $                                             
  $                           


























8

Trimmer                                                       $                                    
           $                           


Groundman                                                 $                                        
       $                           



2.     BASIS OF CHARGES:  REQUIRED EQUIPMENT

The rate per hour for equipment shall be all inclusive and include any costs of ownership,
licensing, maintenance, insurance, fuel, lubricants, and all other operating costs, except for
operators that shall be charged under labor. Further, all small tools and equipment, traffic
control signs and devices, hand and power actuated tools and cutters, files, bits, ropes, etc.,
including all necessary personal protective equipment to provide Electric Line Right-of- Way Line
Clearing Services shall also be included in equipment rates.
Straight Time                            After-Hours
Classification                                              Rate per Hour                          
Rate per Hour










Bucket Truck                                               $                                       
        $                           











Chipper Truck                                             $                                        
      $                           












Pickup Truck                                               $                                       
        $                           














Chipper                                                        $                                   
            $                           















Power Saw                                                   $                                      
         $                           
















Tractor and Bush Hog                               $                                               
$                           

















3.     BASIS OF CHARGES:  OTHER AVAILABLE EQUIPMENT

The rate per hour for equipment includes the costs of ownership, licensing, maintenance, insurance,
fuel, lubricants, and all other operating costs, except for operators that shall be charged under
labor.  Further, all small tools and other devices or materials incidental to  the equipment shall
also be included in equipment rates. CONTRACTOR may attach additional sheets as necessary.

Equipment                                                                                          
                          Rate per Hour























$                          

























$                          


























9

$                          


$                          



The CONTRACTOR’s cost shall be determined from the supplier’s invoices plus transportation charges
to the CONTRACTOR’s job site.

4.     OTHER CONSIDERATIONS:

It is understood by the undersigned that the OWNER retains the privilege of accepting or rejecting
all or any part of this proposal and to waive any informalities or technicalities therein.
Counter-proposals or qualified bids shall be subject to rejection at the discretion of the OWNER.

It is also understood by the undersigned that the OWNER reserves the right to conduct
investigations to evaluate the proposals received and to award the bid for this equipment  to the
lowest Bidder, who in the OWNER’s evaluation will provide the equipment which will be in the best
interest of the OWNER.

CONTRACTOR

BY:                                                                                                
 














TITLE:                                                                                            















ADDRESS:                                                                                    

















TELEPHONE NO.:                                                                      



















DATE SIGNED:                                                                           


























10

ELECTRIC LINE RIGHT OF WAY LINE CLEARING SERVICES AGREEMENT

This Agreement made the                        of                                               ,
2018 between the Owner:




City of Starkville Utilities
P.O. Box 927
Starkville, Mississippi 39670-0927 and the Contractor:


The Contractor is a (check and complete one of the following):
            Corporation  solely  organized  and  existing  under  the  laws  of  the  State  of  
and having its principal office in:
                                                    ,                                              
                                    , (City)                                          (County)     
                                   (State)
                Partnership of the following (List all Partners)
                Partnership of the following (Sole Proprietorship)
The Contractor's taxpayer identification number is                              .
















THE WORK COVERED BY THIS AGREEMENT IS AS FOLLOWS:
Tree trimming and associated debris removal in the Owner's electric service    area.

THE OWNER AND THE CONTRACTOR AGREE TO THE TERMS SET FORTH IN ARTICLES 1 THROUGH 7, IN THE FOLLOWING
DOCUMENT, AS FOLLOWS:






11

CONTRACTED WORK

1.1     SCOPE OF WORK

A.  The Contractor shall trim and remove trees along, under, and over the Owner's electric
distribution and transmission lines as specified herein. The Contractor shall trim and cut trees in
an environmentally friendly manner, in the ways that reduce or eliminate future maintenance
requirements while preserving desirable vegetation. The key objectives are to improve electric
system reliability, lengthen maintenance cycles, enhance Owner- Customer relations, and insure
safety of Owner's and Contractor's personnel. All tree trimming under this agreement will be
performed in an urban area.

SECTION 2     SPECIFICATIONS

2.1     TREE TRIMMING REQUIREMENTS

A. Tree trimming and pruning shall be performed in accordance with modern arboricultural standards.
Drop-crotching, directional trimming and "collar" cuts will be utilized at all times except where
mechanical tree saws are used, to minimize stubbing, round-overs and flat top trimming practices.

B. Tree trimming and pruning shall be performed in accordance with modem arboricultural standards.
Drop-crotching, directional trimming, and "collar" will be utilized at all times except where
mechanical tree saws are used, to minimize stubbing, round-over, and flat top trimming practices.

C. Trees shall be trimmed as to provide a maximum clearance from primary conductors. Exceptions
will be allowed where this would require the removal of structural limbs that would drastically
alter the shape of the tree. Such exceptions should not result in unsafe conditions or jeopardize
clearances as outlined in these specifications (see Paragraph B. 4.) should always be obtained.
Exceptions from these clearances requirements will be granted as per requirements of regulatory
agencies or as required by Owner's designated representative.

D. Minimum tree clearances from open wire secondary will be two feet from tree species with slow to
moderate re-growth rates; five feet from tree species with fast to very fast re-growth rates or as
required by Owner's designated representative.

E.    Recommended Minimum Tree Clearances from Distribution Primary Conductors:


12

Rate of Growth                       Clearance*               Example Tree  Species
Southern Magnolia, Conifers, Live Oak, Eastern Red




Slow                             6'

Moderate                      8'




Cedar
Hickory, Black Cherry, Pecan, Maple, Ash









Fast                              10'







Hackberry or Sugarberry, Sweet Gum, Ash, Elm, Sycamore, Willow, Chinese Tallow, Amore










*These are recommended minimal clearances only. Acceptable minimal clearances will be to previous
trim line (distance obtained last cycle).

F. Minimum clearance for overhanging limbs is to remove those limbs 20' above conductors or those
limbs that, if broken, would hinge and contact conductors, whichever is greater. Exceptions will be
allowed where this would require the removal of sound, structural limbs that would drastically
alter the shape of the tree. Such exceptions shall not result in unsafe limb overhanging the
conductors regardless of height, will be removed.

2.2     TREE REMOVAL

A. All tall growing tree species less than 6" in diameter at the height of 4’-6”above grade will be
removed. Trees greater than 6" in diameter at a height of 4’-6”feet above grade will be trimmed
only. Removal of trees greater than 6" in diameter shall be done only when the Contractor is
directed to do so by the Owner's designated representative. If permission to remove trees less than
6" in diameter cannot be obtained from property owner, the tree shall be trimmed as a per clearance
requirements in Paragraph "B" above, with refusal form completed and forwarded to the Owner's
designated representative.

B.    Removal Criteria shall be as follows:
1.     Undesirable fast-growing tree species.
2.     Trees which cannot be economically re-trimmed because of rapid re-growth.
3.     Trees which are left unsightly because of excess trimming.

13

4. Trees in school yards, parks, and other obvious locations where children could climb and contact
conductors.
5. Dead, dying, live defective, decayed, shallow rooted, leaning trees which endanger the safe
operation and maintenance of energized primary lines.
6. Trees where adequate clearance cannot be obtained (i.e. side trimming tree trunks within 5 feet
of primary conductors.

C.    Trees will be removed as close to ground level as possible.

D. Removal of large trees over 6" in diameter should be authorized by the Owner's representative.

E. Stumps that are capable or re-sprouting will be treated with an approved herbicide unless in
situations prohibited by product label. Stump treatments shall be done according to label
recommendations.

F.    Vines shall be cut and removed from poles, guy wires, and pole braces.

G.    Trees should not be removed when:
1.     Owner’s overhead lines are not directly involved.
2.     Low growing trees or shrubs that cause little interference with electric service.
3.     A service line is the only line involved.

2.3     WOOD WASTE DISPOSAL

A. Brush and debris shall be removed from public and private property and disposed of at a dumping
location that meets local, state, and federal requirements and is solely the responsibility of the
Contractor.

SECTION 3     SUPERVISION

A. The OWNER does not reserve any right to control the methods or manner of performance of the work
by the CONTRACTOR. The CONTRACTOR, in doing the work herein called for, shall not act as an agent
or employee of the OWNER, but shall be and act as an independent CONTRACTOR, and shall be free to
perform the work by such methods and in such manner as the CONTRACTOR may choose, furnishing all
equipment, and doing everything necessary to perform such work properly and safely, having
supervision over and responsibility for the safety and actions of his employees, and control over
and responsibility for his equipment. The OWNER may at all times have the right to have its
authorized representative inspect the work, not for any purpose or reserved right of controlling
the methods and manner of the

14

performance of the work, but in order to assure that all work complies with the requirements of the
Agreement.

B. CONTRACTOR shall provide and maintain at its own expense all such safeguards as will effectively
prevent accident or damage to property or person during the prosecution of the work. CONTRACTOR's
safety rules and regulations shall be applicable to all work performed hereunder. CONTRACTOR shall
be solely responsible for job safety.

C.   CONTRACTOR shall employ an ample force of workers and supervisory personal and shall prosecute
the work in a prompt, diligent, and professional manner and in strict accordance with
specifications. Any equipment that are to be furnished by CONTRACTOR hereunder shall be furnished
in sufficient time to enable CONTRACTOR to perform and complete the work within the time or times
required by OWNER.

D. CONTRACTOR represents that it is fully experienced and properly qualified to perform the work,
and that it is properly equipped, organized, and financed to perform such work. CONTRACTOR
represents that it is properly licensed and qualified to do business in all governmental
jurisdictions in which the work is to be performed, and that it will maintain such licenses and
qualifications throughout the term of this Agreement. Upon written request by OWNER, CONTRACTOR
shall promptly furnish to OWNER such evidence as OWNER may require relating to CONTRACTOR's ability
to perform fully this Agreement in the manner and within the time required by OWNER.

E. CONTRACTOR specifically agrees that CONTRACTOR is an independent CONTRACTOR and an employing
unit subject as an employer to all applicable unemployment compensation, Occupational Safety &
Health Act ("OSHA"), and similar laws so as to relieve OWNER of any responsibility or liability for
treating CONTRACTOR's employees as employees of OWNER for the purpose of their safety or keeping
records, making reports or paying any payroll taxes or contribution for such persons; and
CONTRACTOR agrees to indemnify and hold OWNER harmless and reimburse it for any expense or
liability incurred under such laws in connection with the employees of CONTRACTOR.

F. CONTRACTOR shall be solely responsible for training its own employees and assuring that those
employees are fully aware of the hazards associated with the work, including, but not limited to,
the hazards of working on or around energized electrical facilities. CONTRACTOR assumes full
responsibility for compliance with OSHA.


15

SECTION 4     WORKMANSHIP AND CONDUCT OF CONTRACTOR’S EMPLOYEES

A. CONTRACTOR warrants that it is competent to do the work in a safe manner and agrees to employ
none but qualified foremen and skilled workmen on work requiring special qualifications and to at
all times enforce strict discipline and good order among employees and others carrying out the
Agreement. CONTRACTOR shall not hire or retain employees who are not sober, who are negligent,
careless or incompetent or otherwise unfit to perform the work assigned them, or who (except as
authorized by law) sell, purchase, transfer, possess or use controlled substances or marijuana on
the job site or otherwise violate the law. CONTRACTOR shall require his employees to abide by all
regulations, security measures, and procedures of the project. CONTRACTOR shall employ, discharge,
pay, control or direct its employees and shall not permit them to directly or indirectly interfere
with the employees of OWNER or other Contractors in the performance of their work, or the OWNER in
the inspection of the work.  It shall be the duty of CONTRACTOR to adequately train and supervise
its agents, representatives, employees in all matters relating to safety and job performance.

B.    The public relations of the OWNER shall be given due and practicable consideration at all
times. The CONTRACTOR and his employees shall be courteous in all of their communications with
property owners. All of the CONTRACTOR's personnel and equipment shall be neat and orderly in
behavior and appearance. Complaints received from property owners shall be immediately reported by
the CONTRACTOR to the OWNER.

C. CONTRACTOR agrees to immediately remove, at OWNER's request, any person carrying out the
Agreement due to misconduct or any other sound reason for removal. Should CONTRACTOR fail or refuse
to immediately take such action, OWNER may issue a stop work order suspending all or any part of
the work or may terminate the Agreement pursuant to Section 8 herein. No part of the time lost due
to any such stop work order shall constitute a claim for extension of the Agreement time or for
excess costs or damages by CONTRACTOR.

SECTION 5     INSPECTION OF WORK

A. The OWNER reserves the right, but shall not be obligated, to appoint inspectors to follow the
progress of the work with authority to suspend work not in accordance with the Agreement.
Acceptance or approval by the inspector shall in no event be deemed to constitute final acceptance
of same by the OWNER. The inspection by the OWNER's inspector shall not relieve the CONTRACTOR of
any responsibility for the proper performance of the work. Inspection by the OWNER's inspectors
shall not be deemed to be supervision by the OWNER of the CONTRACTOR, its agents, servants,

16

or employees, but shall be only for the purpose of assuring that the work complies with the
Agreement. All persons employed by the CONTRACTOR in performance of any work under this Agreement
shall be employees of the CONTRACTOR and shall not be deemed to be employees of the OWNER for any
purpose whatever.

SECTION 6     QUALITY CONTROL

A. The quality of the work shall be checked by an OWNER’s representative and the CONTRACTOR's
General Supervisor at least monthly, or more frequently if requested by the OWNER. The Quality
Control check shall consist of, but not be limited to, checking selected work locations for
compliance with SPECIFICATIONS. A Quality Control sheet shall be prepared upon completion of the
inspection. If serious discrepancies are discovered, all work locations, back to the last Quality
Control check, shall be re-inspected and all discrepancies corrected at no cost to the OWNER.

SECTION 7     TERM OF CONTRACT

A. The term of this Agreement shall be for an initial period of two (2) years and shall be
commenced at any time after the agreement is signed by both parties and the insurance required in
Article 9 of this document is in effect and a certificate of insurance has been provided by the
Contractor to the Owner.

B. After the initial two (2) year term, this agreement may be extended a maximum of two (2)
additional one (1) year periods when mutually agreed by the Owner and Contractor.

SECTION 8     TERMINATION OF THE CONTRACT

A.    The Agreement can be terminated for convenience (a) by the OWNER by giving thirty (30) days
written notice thereof to the CONTRACTOR or (b) by the CONTRACTOR by giving sixty (60) days written
notice thereof to the OWNER, with termination to occur at the end of the notice period or at a
later date as stated in the notice.

B. In the event of a termination hereunder, the CONTRACTOR will be paid for all work performed to
the date of termination, but will not be paid for any work not performed or for any anticipated
profits on work not performed or for any loss or damage with respect to any equipment or materials
purchased for anticipated use in the work or for payments, taxes or benefits to or for personnel
anticipated to be employed in the performance of the work.

17

C.    This agreement may be terminated by either party upon thirty (30) days written notice should
the other party fail substantially to perform in accordance with its terms through no fault of the
other. In the event this agreement should be terminated by the Owner, the Contractor shall be paid
his compensation for services performed prior to receipt of written notice of such termination. In
all cases where termination has resulted due to one party failing substantially to perform in
accordance with the terms of this agreement, such party will remain liable to the other for all
damages incurred as a result of breach of this agreement.

D. The agreement may be terminated by either party upon thirty (30) days written notice should
either party be unable to substantially perform in accordance with its terms due to circumstances
beyond the control of the parties. In the event of such termination, neither party will remain
liable to the other for damages incurred as a result of such termination.

8.2     INDEMNIFICATION

A. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the
Owner and its agents and employees from and against claims, damages, losses, and expenses,
including but not limited to attorneys' fees, arising out of or resulting from performance of the
work, provided that such claim, damage, loss, or expense is attributable to bodily injury,
sickness, disease or death, or injury to or destruction of tangible property including loss of use
resulting there from, but only to the extent caused in whole or in part by negligent acts or
omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or
anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or
expense in caused in part by a party indemnified hereunder. Such obligations shall not be construed
to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist
as to a party of person described in the paragraph.

B. In claims against any person or entity indemnified under this paragraph by an employee of the
Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose
acts they may be liable, the indemnification obligation under this paragraph shall not be limited
by a limitation on amount or type of damages, compensation, or benefits payable by or for the
Contractor or a Subcontractor under workers' or workman's' compensation acts, disability benefit
acts or other employee benefit acts.



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SECTION 9     INSURANCE REQUIREMENTS

9.1     INSURANCE

A. The Contractor shall purchase from and maintain in a company or companies lawfully authorized to
do business in the State of Mississippi Such insurance as will protect the Contractor and the Owner
from claims set forth below which may arise out of or result from the Contractor's operations under
this agreement:
1. Claims under workers' or workmen's compensation, disability benefit and other similar employee
benefit acts which are applicable to the work to be performed;
2. Claims for damages because of bodily injury, occupational sickness or disease, or death of the
Contractor's employees;
3. Claims for damages because of bodily injury, sickness or disease, or death of any person other
than the Contractor's employees;
4. Claims for damages insured by usual personal injury liability coverage which are sustained (1)
by a person as a result or an offense directly or indirectly related to employment of such person
by the Contractor, or (2) by another person;
5. Claims for damages, other than to the work itself, because of injury to or destruction of
tangible property, including loss of use resulting there from;
6. Claims for damages because of bodily injury, death or a person or property damage arising out of
ownership, maintenance or use of motor vehicle;
7. Claims involving contractual liability insurance applicable to Contractor's obligation under
Paragraph 7.1.

B.    The Contractor's limits of liability shall be written for not less than the following:
1.     GENERAL LIABILITY:
Commercial General Liability
General Aggregate.................................................$2,000,000 Aggregate
Products & Completed Operations.....................$2,000,000 Aggregate
Personal & Advertising Injury.................... $1,000,000 Per Occurrence Bodily Injury and
Property Damage.......... $1,000,000 Per Occurrence Fire Damage
Liability........................................ $50,000 Per Occurrence
Medical Expense .................................................. $5,000 Per Occurrence
2.     OWNERS & CONTRACTORS PROTECTIVE LIABILITY
Bodily Injury & Property Damage ......................$1,000,000 Aggregate Bodily Injury & Property
Damage ................ $500,000 Per Occurrence


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3.     AUTOMOBILE LIABILITY:
(Owned, non-owned & hired vehicles) Contractor Insurance Option Number 1:
Bodily Injury & Property Damage ............... $ 500,000 Per Occurrence (Combined Single Limit)
Contractor Insurance Option Number 2:
Bodily Injury............................................................. $250,000 Per Person
Bodily Injury..........................................................$500,000 Per Accident
Property Damage............................................. $100,000 Per Occurrence
4.     EXCESS LIABILITY:
Bodily Injury & Property Damage ......................$1,000,000 Aggregate (Combined Single Limit)
5. WORKERS' COMPENSATION: As required by Statue
6.     EMPLOYERS' LIABILITY
Accident ............................................................ $100,000 Per Occurrence
Disease ....................................................................$500,000 Policy Limit
Disease .................................................................$100,000 Per Employee

9.2     CERTIFICATE OF INSURANCE

A.    Contractor shall furnish three copies of a standard Certificate of Insurance Form to the
Owner setting forth evidence of all coverage required in Paragraph 9.1 above. The Contractor shall
also furnish two copies of any endorsements that are subsequently issued amending limits of
coverage or effective dates or policies.

B. If the coverage's are provided on a claims-made basis, the policy date or retroactive date shall
predate the date of this agreement. Insurance coverage must be maintained by the Contractor until
work under this agreement is complete.

SECTION 10   LAWS, RULES, REGULATIONS, CODES AND ORDINANCES

10.1 CONTRACTOR shall comply at all times with all Federal, State, County, and Municipal laws,
ordinances and regulations that in any manner affect the Agreement and its performance. He shall
comply with all such laws, ordinances and regulations applicable to the work, including obtaining
permits and licenses, disposing of debris resulting from the work, inspection of equipment and
licensing members of the crew.


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10.2 CONTRACTOR shall require all of his agents and employees to observe and comply with the said
laws, ordinances and regulations, and the CONTRACTOR expressly binds himself to defend, indemnify
and save harmless the OWNER and its officers, agents, servants and employees from and against all
claims, demands, suits or actions of every kind and nature presented or brought for any claim or
liability arising from or based on the violation of any such law, ordinance or regulation on the
part of the CONTRACTOR, or his agents, servants or employees.

10.3 It is a policy of the OWNER that employees shall not be involved with the unlawful use,
possession, sale, or transfer of drugs or narcotics in any manner which may impair an individual's
ability to perform assigned duties or otherwise adversely affect the OWNER's business interests;
and further, that employees shall not possess alcoholic beverages in the work place or consume
alcoholic beverages in association with working hours.  This policy will apply to all persons
performing work for the OWNER or visiting OWNER property.

SECTION 11  SUBROGATION

11.1  This Agreement is considered one for the personal services of the CONTRACTOR, and the
CONTRACTOR shall not subcontract the whole or part of the work to others without the prior written
consent of the OWNER. This Agreement shall inure to and be binding upon the successors and assigns
of the parties hereto, but the CONTRACTOR shall not assign, directly or indirectly, this Agreement
or any of his rights or performance obligations without prior written consent of the OWNER.

SECTION 12  WORK ON PUBLIC RIGHTS-OF-WAY AND PRIVATE PROPERTY

12.1 The CONTRACTOR shall be responsible for the preservation of all public and private property
along and adjacent to the work, including roads, walks, fences, utility lines, pipes, conduits,
etc., whether above ground or underground, and shall use every precaution necessary to prevent
damage or injury thereto. When or where any direct or indirect damage or injury is done to such
public or private property by or on account of any act or omission of the CONTRACTOR in the
performance of the work, such property shall be restored by the CONTRACTOR at his expense to a
condition substantially equal to that existing before such damage or injury was done, by repairing,
rebuilding, or otherwise restoring same.




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SECTION 13   CONTRACT RATES

13.1   HOURLY RATES

A. The Owner will pay the Contractor in current funds for the work performed by employees of the
Contractor and for the equipment used by the Contractor at the following rates:






REGULAR HOURLY       STORM HOURLY






LABOR            RATE PER EMPLOYEE RATE PER EMPLOYEE








Supervisor









Foreman











Trimmer












Groundman














EQUIPMENT














REGULAR HOURLY RATE PER VEHICLE














STORM HOURLY RATE PER VEHICLE
















Bucket Truck

















Chipper Truck



















Pick-up Truck




















Chipper






















Power Saw
Tractor & Bush Hog
























B. Payments by Owner will be made based upon hours actually worked by the Contractor. Time starts
at mobilization and ends when the Contractor returns to a

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mutually agreed upon base. The size and makeup of the crew or crews and the equipment to be
utilized will be agreed upon by the Owner and the Contractor prior to beginning work on the project
and are subject to change by the Owner with thirty
(30) days written notice to the Contractor. Overtime rates will be paid by the Owner only when
agreed upon by both parties to this agreement.

SECTION 14   PAYMENTS

14.1   PROGRESS PAYMENTS

A. The Contractor shall submit invoices to the Owner monthly for the work performed during the
previous month. Invoices shall be delivered to the owner by the 18th day of the month in order to
be approved for payment the following month. The Owner will pay the Contractor in accordance with
the rates contained herein for approved work indicated on monthly invoices. The Contractor shall
supply weekly time sheets with each invoice.  Timesheets shall show the following:
1.     Labor and equipment types with associated hours
2.     Number of trees trimmed
3.     Number of trees removed by diameter class
4.     Location of work performed

B.    The contract price set forth under Article 13 shall represent the total of all sums due  to
the Contractor for work performed under this contract and no order of the Owner or any of their
employees, either verbal or written, shall modify or act as a waiver of the contract price. The
contract price shall not be modified in any fashion except upon the anniversary date at which time
the rate may be adjusted upward by no more than 75% of the Consumer Price Index for Urban Consumers
compiled by the United States Commerce Department.

SECTION 15   COUNTERPARTS

15.1 This Agreement may be executed in any number of counterparts, each of which shall be deemed an
original, but all of which shall constitute but one and the same instrument.

SECTION 16    NO WAIVER

16.1 OWNER’s failure to insist on performance of any term, condition, or instruction, or to
exercise any right or privilege included in this Agreement, or its waiver of any breach, shall not
thereafter waive any such term, condition, instruction, right, privilege, or breach.

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No waiver by OWNER of any breach of any provision of this Agreement shall be effective unless
expressly set forth in writing and signed by OWNER’s representative.

SECTION 17   ENTIRE AGREEMENT

17.1 This Agreement embodies the entire agreement between CONTRACTOR and OWNER concerning the
subject matter hereof. The parties shall not be bound by or be liable for any statement,
representation, promise, inducement, or understanding of any kind or nature not set forth herein.
Except as otherwise provided herein, no changes, modifications, or amendments of any of the terms
and conditions hereof shall be valid unless agreed to by the parties in writing and signed by their
authorized representatives.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized
officers on the day and date first written above.










CITY OF STARKVILLE UTILITIES
ATTEST:
SIGNATURE:
NAME: TITLE:


DATE:
CONTRACTOR
ATTEST:

                                                                      SIGNATURE:
NAME: TITLE:


DATE:
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Publication Date/Time:
3/27/2018 8:00 AM
Closing Date/Time:
4/23/2018 2:00 PM

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