Common use of Responsibilities of the Contractor Clause in Contracts

Responsibilities of the Contractor. 9.1 All tree/xxxxx removal debris (i.e. limbs, branches, foliage, bark, xxxxx grindings, etc.) must be collected and hauled away from work areas immediately following completion of work. 9.2 No debris shall be allowed to accumulate or be stored on Owners’ property or private property at any time without proper authorization from the Owners. 9.2.1 Under no circumstances shall the accumulation of brush, limbs, or other debris be allowed on a public right-of-way in such a manner as to result in a hazard or sight obstruction to the public. 9.3 The Contractor is legally responsible for damage to public and/or private property while performing the tree services outlined in these specifications. 9.4 Any damage to Owners’ and/or private property shall be reported to the Owners’ Designee who is overseeing that respective project. 9.5 Contractor shall erect proper barricades, signs and warning devices as necessary for sidewalk, street and/or traffic lane closure/control when doing tree work for the Owners. 9.6 Specifications for traffic control shall be followed as described in the City of Lincoln’s Traffic Control Guidelines for Street Construction, Maintenance and Utility Operations & the current revision of the MUTCD (Manual on Uniform Traffic Control Devices). 9.6.1 The City of Lincoln Traffic Control Guidelines for Street Construction, Maintenance and Utility Operations are found in Chapter 15.04 Traffic Control Devices via the following link: xxxxx://xxx.xxxxxxx.xx.xxx/city/ltu/transportation/standard/standard- specs/pdf/chapter15.pdf 9.6.1.1 City of Lincoln Transportation and Utilities xxxxxxxxxxxxxx@xxxxxxx.xx.xxx 000-000-0000 9.6.2 Contractor shall provide required number of traffic cones at own cost. 9.6.3 Other required traffic control devices will be loaned to Contractor by Owners (i.e. Type III barricades only). 9.7 The Owners shall have the right to require the Contractor to redo any tree work that is not done satisfactorily and in accordance with the specifications and/or standards stated herein. 9.8 Such work needing to be redone shall be performed promptly and at no additional cost to the Owners, either during or after the expiration of the resulting agreement. 9.9 Contractor shall not leave the work site if any severed, suspended and/or partially cut branches remain in the tree either during or after tree work is done. 9.10 Contractor shall immediately report to the Owners’ Designee, for that respective project, any structural weakness, disease conditions, decayed trunks or branches, split crotches or branches that may be observed while doing tree work for the Owners. 9.11 All such tree work done by the Contractor shall be conducted in a manner as to cause the least possible interference with or annoyance to individuals and the general public. 9.12 Any use of tools or equipment in an unsafe condition or manner or application of techniques or methods defined to be unsafe to life or property is strictly forbidden. 9.13 Contractor is responsible for the preservation of all public and private property including turf, landscaping, sidewalks, curbs, fences, driveways, sprinkler heads and valves. 9.13.1 If any direct or indirect damage occurs to public or private property, due to any act, omission, neglect or misconduct in the execution of the work on the part of the Contractor, such property shall be restored by the Contractor at his/her expense to a condition similar or equal to that existing before such damage or injury, or he/she shall repair such damage in a manner acceptable to the Owners. 9.14 A certified City of Lincoln First-class Arborist OR International Society of Arboriculture (ISA) certified Arborist shall be present on-site at all times when tree work is being done for the Owners. 9.15 The use of climbing spurs or spike shoes in the act of pruning trees is prohibited. 9.16 Unless the work area is totally barricaded or otherwise kept safe, at least one (1) representative of the Contractor’s crew shall serve to coordinate safe operations on the ground at all times while Owners tree work is in progress. 9.17 Whenever large tree sections are being cut in a tree top which may endanger persons or property, such materials shall be secured by ropes and lowered safely to the ground in a controlled manner. 9.18 Whenever electric or telephone lines, gas lines, water lines or any other improvement, public or private, may be jeopardized by any authorized Owners tree work done by the Contractor, the proper authorities of the utilities involved, or property owner involved, shall be consulted by the Contractor prior to performing any tree work activity and all requested reasonable precautions by any such authority or persons shall be complied with. 9.19 Contractor shall contact XXXXXX’S HOTLINE at 0-000-000-0000 to determine the location of underground utilities (i.e. gas, electric, telephone, cable television) that may be impacted 48 hours before removing Owners’ trees and/or stumps. 9.20 All motor vehicles and other major equipment used by the Contractor to do tree work shall be clearly identified with the name of their company and shall have placed upon such equipment in a conspicuous place an insignia furnished at cost by the City Parks and Recreation Department that identifies such equipment as that of a holder of an arborist’s certificate (license) – See “Attachment 3”. 9.20.1 If selected Contractor uses rental equipment to perform work done for Owners, it must also display required insignia. 9.21 The City Traffic Engineering Division (000-000-0000) shall be contacted to obtain prior approval of any street or traffic lane closures and/or posting of temporary no parking signs when necessary in order to do Owners’ tree work. 9.22 The Contractor shall provide telephone numbers to the Owners’ Arborist overseeing a project and other Owners’ representatives as needed so they can be reached on a 24 hour a day basis. 9.22.1 A valid email address shall be provided to the Owners for written correspondence regarding site details, orders and general communication. 9.23 The Contractor is responsible for disposal of all debris generated. and any associated dump fees incurred in the disposal of the debris shall be paid by the Contractor. . 9.23.1 All attempts shall be made by Contractor to divert debris from the City landfill.

Responsibilities of the Contractor. 9.1 All tree/xxxxx removal debris (i.e. limbs, branches, foliage, bark, xxxxx grindings, etc.) must be collected and hauled away from work areas immediately following completion of work. 9.2 No debris shall be allowed to accumulate or be stored on Owners’ property or private property at any time without proper authorization from the Owners. 9.2.1 Under no circumstances shall the accumulation of brush, limbs, or other debris be allowed on a public right-of-way in such a manner as to result in a hazard or sight obstruction to the public. 9.3 The Contractor is legally responsible for damage to public and/or private property while performing the tree services outlined in these specifications. 9.4 Any damage to Owners’ and/or private property shall be reported to the Owners’ Designee who is overseeing that respective project. 9.5 Contractor shall erect proper barricades, signs and warning devices as necessary for sidewalk, street and/or traffic lane closure/control when doing tree work for the Owners. 9.6 Specifications for traffic control shall be followed as described in the City of Lincoln’s Traffic Control Guidelines for Street Construction, Maintenance and Utility Operations & the current revision of the MUTCD (Manual on Uniform Traffic Control Devices). 9.6.1 The City of Lincoln Traffic Control Guidelines for Street Construction, Maintenance and Utility Operations are found in Chapter 15.04 15 Traffic Control Devices via the following link: xxxxx://xxx.xxxxxxx.xx.xxx/city/ltu/transportation/standard/standard- specs/pdf/chapter15.pdfxxxx://xxxxxxx.xx.xxx/city/pworks/engine/dconst/standard/standard 9.6.1.1 City of Lincoln Transportation and Public Works & Utilities xxxxxxxxxxxxxx@xxxxxxx.xx.xxx xxxxxxx@xxxxxxx.xx.xxx 000-000-0000. 9.6.2 Contractor shall provide required number of traffic cones at own cost. 9.6.3 Other required traffic control devices will be loaned to Contractor by Owners (i.e. Type III barricades only). 9.7 The Owners shall have the right to require the Contractor to redo any tree work that is not done satisfactorily and in accordance with the specifications and/or standards stated herein. 9.8 Such work needing to be redone shall be performed promptly and at no additional cost to the Owners, either during or after the expiration of the resulting agreement. 9.9 Contractor shall not leave the work site if any severed, suspended and/or partially cut branches remain in the tree either during or after tree work is done. 9.10 Contractor shall immediately report to the Owners’ Designee, for that respective project, any structural weakness, disease conditions, decayed trunks or branches, split crotches or branches that may be observed while doing tree work for the Owners. 9.11 All such tree work done by the Contractor shall be conducted in a manner as to cause the least possible interference with or annoyance to individuals and the general public. 9.12 Any use of tools or equipment in an unsafe condition or manner or application of techniques or methods defined to be unsafe to life or property is strictly forbidden. 9.13 Contractor is responsible for the preservation of all public and private property including turf, landscaping, sidewalks, curbs, fences, driveways, sprinkler heads and valves. 9.13.1 If any direct or indirect damage occurs to public or private property, due to any act, omission, neglect or misconduct in the execution of the work on the part of the Contractor, such property shall be restored by the Contractor at his/her expense to a condition similar or equal to that existing before such damage or injury, or he/she shall repair such damage in a manner acceptable to the Owners. 9.14 A certified City of Lincoln First-class Arborist OR International Society of Arboriculture (ISA) certified Arborist shall be present on-site at all times when tree work is being done for the Owners. 9.15 The use of climbing spurs or spike shoes in the act of pruning trees is prohibited. 9.16 Unless the work area is totally barricaded or otherwise kept safe, at least one one (1) representative of the Contractor’s crew shall serve to coordinate safe operations on the ground at all times while Owners tree work is in progress. 9.17 Whenever large tree sections are being cut in a tree top which may endanger persons or property, such materials shall be secured by ropes and lowered safely to the ground in a controlled manner. 9.18 Whenever electric or telephone lines, gas lines, water lines or any other improvement, public or private, may be jeopardized by any authorized Owners tree work done by the Contractor, the proper authorities of the utilities involved, or property owner involved, shall be consulted by the Contractor prior to performing any tree work activity and all requested reasonable precautions by any such authority or persons shall be complied with. 9.19 Contractor shall contact XXXXXX’S HOTLINE at 0-000-000-0000 to determine the location of underground utilities (i.e. gas, electric, telephone, cable television) that may be impacted 48 hours before removing Owners’ trees and/or stumps. 9.20 All motor vehicles and other major equipment used by the Contractor to do tree work shall be clearly identified with the name of their company and shall have placed upon such equipment in a conspicuous place an insignia furnished at cost by the City Parks and Recreation Department that identifies such equipment as that of a holder of an arborist’s certificate (license) – See “Attachment 3”. 9.20.1 If selected Contractor uses rental equipment to perform work done for Owners, it must also display required insignia. 9.21 The City Traffic Engineering Division (000-000-0000) shall be contacted to obtain prior approval of any street or traffic lane closures and/or posting of temporary no parking signs when necessary in order to do Owners’ tree work. 9.22 Distribute door hangers and/or printed materials provided by the Owners when necessary to residences and businesses describing what tree work is to be done by the Contractor. 9.23 The Contractor shall provide telephone numbers to the Owners’ Arborist overseeing a project and other Owners’ representatives as as-needed so they can be reached on a 24 hour a day basis. 9.22.1 9.23.1 A valid email address shall be provided to the Owners for written correspondence regarding site details, orders and general communication. 9.23 9.24 The Contractor is responsible shall dispose of wood chips generated from doing Owners’ tree pruning work at the Owners designated dump site (1st & Cornhusker) for disposal recycling purposes. 9.24.1 Disposal of all larger cut logs (over 12" diameter) and trunks will be done as directed by the Owners and with the intent to keep it from being disposed at the Owners’ landfill whenever possible. 9.24.2 Disposal of brush and tree debris generated. not chipped, logs, trunks not recycled, and xxxxx grindings generated from Owners’ tree work done by the Contractor shall be the responsibility of the Contractor and any associated landfill dump fees incurred in the disposal of the debris disposing it shall be paid by the Contractor. . 9.23.1 All attempts shall be made by Contractor to divert debris from the City landfill.