CON-2026-02 Tree Trimming - 2026-2027.pdf

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Request for Bid Contract

Contract Title: ____Tree Trimming 2026-2027 ____________ Project Number: CON-2026-02

THIS CONTRACT is entered into the date last written below between the CITY OF PORT ANGELES, WASHINGTON ("City") AND ________________, licensed to do business in Washington State ("Contractor").

1. WORK BY CONTRACTOR

The Contractor shall perform the work as described in Attachment A (Attachment A includes Contractor’s Proposal, Scope of Work, Statement of Work, Plans, Specifications, and any other related Contract Documents) that is attached hereto and by this reference is incorporated herein.

2. TERM OF CONTRACT

All work under this Contract is to be completed as indicated (check one):

All work under this Contract is to be completed by this date: December 31st, 2027

This is intended to be a 2-year contract with 2 distinct term periods within (2026 & 2027). Each term will expire on December 31st of the given year, and each new term will require a new notice to proceed issued by the City.

All work under this Contract is to be completed __ days from the Notice to Proceed. No work is to be performed prior to written Notice to Proceed by the City. (See attachment A for specific schedule for work).

The annual performance period under this Contract comprises of xx working days per calendar year commencing___ calendar days after each annual notice to proceed.

3. PAYMENT

A. The City shall pay the Contractor for the work performed under this contract (check one):

Force Account - Time and material, not to exceed: $ Force Account - Time and actual expenses incurred, not to exceed: $ Unit prices are sales tax exempt and set forth in the Contractor's bid or quote: $125,000.00 per year, not exceeding $250,000_ Firm Fixed Price set forth in Contractor bid or quote in the amount of: $

The Contractor shall do all work and furnish all tools, materials, and equipment, in accordance with and as described in the Attachment A.

The Contractor shall provide and bear the expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof; except those indicated to be furnished by the City of Port Angeles in Attachment A.

B. The Contractor shall maintain time and expense records that may be requested by the City. The Contractor shall submit invoices to the City for payment for work performed. All invoices must reference the City's contract number. Invoices shall be in a format acceptable to the City.

C. The City shall pay all monthly invoices from the Contractor within 30 days of receipt of a properly completed and approved invoice. Invoices work period shall be by month, or upon completion of the contracted work. The

City of Port Angeles Public Works & Utilities Dept.

Engineering Office 321 E. Fifth Street Port Angeles WA 98362 Tel: 360-417-4541 Fax: 360-417-4709

SMALL WORKS ROSTER

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City may withhold a portion of payment if, in the sole discretion of the City, work does not meet requirements set forth in the Contract (see section E below).

D. All records and accounts pertaining to this Contract are to be kept available for inspections by representatives of the City for a period of three (3) years after final payment. Copies shall be made available to the City upon request.

E. If during the course of the Contract, the work rendered does not meet the requirements set forth in the Contract, the Contractor shall correct or modify the required work to comply with the requirements of this Contract. The City shall have the right to withhold payment for such work until it meets the requirements of the Contract Documents.

4. RESPONSIBILITY OF CONTRACTOR

A. Safety. Contractor shall take all necessary precautions for the safety of employees on the work site and shall comply with all applicable provisions of federal, state, and local regulations, ordinances, and codes. Contractor shall erect and properly maintain, at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and the public and shall post danger signs warning against known or unusual hazards.

B. Warranty. Contractor shall be responsible for correcting all defects in workmanship and/or materials discovered within one year after acceptance of this work. After correcting defect, Contractor shall be responsible for correcting all defects in workmanship and/or materials in the corrected work for one year after the City accepts the corrections. The Contractor shall start work to remedy such defects within seven (7) days of mailing notice of discovery thereof by City and shall complete such work within a reasonable time. In emergencies where damage may result from delay or where loss of service may result, such corrections may be made by the City, in which case the cost shall be borne by the Contractor. In the event the Contractor does not accomplish corrections at the time specified, the work will be otherwise accomplished and the cost of same shall be paid by the Contractor.

C. Damages. Contractor shall be liable for any costs, losses, expenses, or damages including consequential damages suffered by the City resulting from defects in the Contractors work including, but not limited to, cost of materials and labor expended by the City in making emergency repairs and cost of engineering, inspection, and supervision by the City. The Contractor shall indemnify and hold the City harmless from any and all claims that may be made against the City as a result of any defective work and the Contractor shall defend any such claims at its own expense. When materials or procedures are not specified in the Contract Document, the City will rely on the professional judgment of the Contractor to make appropriate selections.

D. Nondiscrimination/Affirmative Action. Contractor agrees not to discriminate against any employee or applicant for employment or any other persons in the performance of this Contract because of race, creed, color, national origin, marital status, sex, age, sexual orientation, genetic information, or handicap, or other circumstances as may be defined by federal, state or local law or ordinance, except for a bona fide occupational qualification.

Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Contractor setting forth the provisions of the nondiscrimination clause.

E. Employment. Any and all employees of the Contractor, while engaged in the performance of any work or services required by the Contractor under this Contract, shall be considered employees of the Contractor only and not of the City. Any and all claims that may arise under the Workers Compensation Act on behalf of those employees, while so engaged, and all claims made by a third party as consequence of any negligent act or omission on the part of the Contractor's employees, while so engaged on any of the work or services provided or rendered herein, shall not be the obligation of the City.

5. COMPLIANCE WITH LAWS

The Contractor shall comply with all federal, state and local laws and regulations applicable to the work done under this Contract. Any violation of the provisions of this paragraph shall be considered a violation of a material provision of this Contract and shall be grounds for cancellation, termination or suspension of the Contract by the City, in whole or in part, and may result in ineligibility for further work for the City.

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6. ACTS AND REGULATIONS

1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally assisted programs of the U.S. Department of Transportation, Washington State Department of Transportation, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

2. Non-discrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.

3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin.

4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the Nondiscrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to:

a. withholding payments to the Contractor under the contract until the Contractor complies; and/or

b. cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance.

Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

a) Pertinent Non-Discrimination Authorities:

• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.

• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);

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• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);

• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;

• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);

• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);

• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);

• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;

• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);

• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;

• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);

• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

7. TERMINATION OF CONTRACT

A. This Contract shall terminate upon satisfactory completion of the work described in Attachment A and final payment by the City.

B. The City may terminate the Contract and take possession of the premises and all materials thereon and finish the work by whatever methods it may deem expedient, by giving 10 days written notice to the Contractor, upon the occurrence of any one or more of the events hereafter specified:

1. The Contractor makes a general assignment for the benefit of its creditors.

2. A receiver is appointed as a result of the insolvency of the Contractor.

3. The Contractor persistently or repeatedly refuses or fails to complete the work required herein.

4. Contractor fails to make prompt payment to subcontractors for material or labor.

5. Contractor disregards federal, state or local regulations and ordinances.

6. Contractor disregards instructions of the Contract Administrator, or otherwise substantially violates the terms of this Contract.

7. The City determines that sufficient operating funds are not available to fund completion of the work contracted for.

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8. The Director of the Public Works and Utilities Department or his/her designee determines that such termination is in the best interest of the City.

C. In the event this Contract is terminated by the City, Contractor shall not be entitled to receive any further amounts due under this Contract until the work specified in Attachment "A" is satisfactorily completed, as scheduled, up to the date of termination. At such time, if the unpaid balance of the amount to be paid under this Contract for the completed work exceeds the expense incurred by the City in finishing the work, and all damages sustained by the City or which may be sustained by reason of such refusal, neglect, failure or discontinuance of employment, such excess shall be paid by the City to the Contractor. If the City's expense and damages exceed the unpaid balance for the work, Contractor and its surety shall be jointly and severally liable therefore to the City and shall pay such difference to the City. Such expense and damages shall include all legal costs incurred by the City to protect the rights and interests of the City under the Contract, provided such legal costs shall be reasonable.

8. OWNERSHIP OF DOCUMENTS

A. On payment to the Contractor by the City of all compensation due under this Contract, all finished or unfinished documents and material prepared by the Contractor with funds paid by the City under this Contract shall become the property of the City and shall be forwarded to the City upon its request.

B. Any records, reports, information, data, or other documents or materials given to or prepared or assembled by the Contractor under this Contract will be kept confidential and shall not be made available to any individual or organization by the Contractor without prior written approval of the City or by court order.

9. CLAIMS

Any claim against the City for damages, expenses, costs, or extras arising out of the performance of this Contract must be made in writing to the City within thirty days after the discovery of such damage, expense or loss, and in no event later than the time of approval by the City for final payment. Contractor, upon making application for final payment, shall be deemed to have waived its right to claim for any other damages for which application has not been made, unless such claim for final payment includes notice of additional claim and fully describes such claim.

10. GENERAL ADMINISTRATION AND MANAGEMENT

The Director of the Public Works and Utilities Department or his/her designee shall have primary responsibility for the City under this Contract and shall oversee and approve all work to be performed, coordinate communications, and review and approve all invoices, under this Contract.

The City reserves the right to utilize an online cloud-based project management system, Virtual Project Manager (VPM), to allow for paperless documentation and project administration.

11. INDEMNIFICATION / HOLD HARMLESS

A. The Contractor shall defend, indemnify, and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Contract, except for injuries and damages caused by the sole negligence of the City.

B. However, should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Contract.

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12. INSURANCE, BONDS, & RETAINAGE

A. The Contractor shall maintain insurance as set forth in Attachment B.

B. If the total bid amount including tax exceeds $35,000, this project will be awarded as a small works roster contract and payment and performance bonds will be required in accordance with Washington State law. A retainage of 5% will also be applicable to this contract. The Contractor shall obtain payment and performance bonds in accordance with this Contract and all Attachments incorporated herein. Copies of the Bid Security Transmittal form, Performance Bond and Payment Bond form(s), and Escrow Agreement for Retained Percentage form are available from the Operations Office of Public Works & Utilities (Telephone 360-417-4541). Performance Bond and Payment Bond forms are provided in Attachment C. The party to whom the Contract is awarded will be required to execute the Contract and obtain the Performance and Payment Bonds within ten (10) calendar days from the date the notice of award is delivered to the bidder. Such bonds shall be on the form provided by the City, specify the name, contact phone, and address of the surety, and shall include a power of attorney appointing the signatory of the bonds as the person authorized to execute it (them).

13. PREVAILING WAGE

This Contract is subject to Chapters 39.12 and 49.28 RCW, amendments thereto and regulations issued thereunder, relating to prevailing wages, benefits, and other requirements. Workers shall receive no less than the prevailing rate of wage. The City shall verify that contractor has received, or is exempt from, training on the requirements related to public works and prevailing wage under RCW 39.12. Contractor shall verify first-tier subcontractors have also received, or are exempt from, such training. Each subsequent tier shall verify that the tier below has received, or is exempt from, such training. No claim for additional compensation will be allowed which is based upon a lack of knowledge or a misunderstanding of any such requirements by the Contractor or a failure to include in Contractor’s price adequate increases in such wages during the performance of this Contract.

The Contractor is advised to consult the Washington State Department of Labor and Industries to determine the prevailing wages that must be paid.

This public works project is being done in Clallam County. Washington State wage determinations for Clallam County Journeymen, Apprentices, and Descriptions of Classifications can be found at:

Journey Level Rates: https://secure.lni.wa.gov/wagelookup/ Apprentice Rates: https://secure.lni.wa.gov/wagelookup/ApprenticeWageLookup.aspx Descriptions of Classifications: https://lni.wa.gov/licensing-permits/public-works-projects/scopes-of-work

Use the applicable wage determinations effective on the bid due date.

A copy of the applicable wage rates is available for viewing at the Port Angeles Public Works and Utilities Contracts Office. In addition, the City will mail a hard copy of the applicable wage rates upon request.

For a contract award under $2,500, and in accordance with RCW 39.12.040(2), the Contractor or subcontractor is authorized to submit a combined Statement of Intent to Pay Prevailing Wages & Affidavit of Wages directly to the City of Port Angeles at final invoicing. Submission shall be made on the form developed by the Washington State Department of Labor and Industries and available from the City of Port Angeles Public Works and Utilities Department.

Should any dispute arise as to the prevailing rates of wages for a specific trade, craft or occupation and such dispute cannot be adjusted by the parties in interest, including labor and management representatives, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries, and his decision shall be final, conclusive, and binding on all parties involved in the dispute.

14. INTERPRETATION AND VENUE

This Contract shall be interpreted and construed in accordance with the laws of the State of Washington. The venue of any litigation between the parties regarding this Contract shall be Clallam County, Washington.

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15. BRANDS OR EQUAL

When a special “brand or equal” is named, it shall be construed solely for the purpose of indicating the standards of quality, performance, or use desired. Brands of equal quality, performance, and use shall be considered, provided Contractor specifies the brand and model and submits descriptive literature when available. Any bid containing a brand which is not of equal quality, performance, or use specified must be represented as an alternate and not as an equal, and failure to do so shall be sufficient reason to disregard the bid.

16. INSPECTION AND REJECTION

All goods, services, work, or materials purchased herein are subject to inspection and approval by the City. Any rejection of goods, services, work, or materials resulting because of nonconformity to the terms and specifications of this order, whether held by the City or returned, will be at Contractor's risk and expense.

17. SUBLETTING OR ASSIGNING OF CONTRACTS

Neither the City nor the Contractor shall assign, transfer, or encumber any rights, duties or interest accruing from this Contract without the express prior written consent of the other.

18. INDEPENDENT CONTRACTOR

The Contractor is and shall be at all times during the term of this Contract an independent contractor and not an employee of the City.

19. EXTENT OF CONTRACT/MODIFICATION

This Contract, together with the attachments and/or addenda, represents the entire and integrated Contract between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. This contract may be amended, modified or added to only by written instrument properly signed by both parties hereto.

20. SUBCONTRACTOR RESPONSIBILITY

The Contractor shall include the language of this section in each of its first-tier subcontracts and shall require each of its subcontractors to include substantially the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this section apply to all subcontractors regardless of tier.

At the time of subcontract execution, the Contractor shall verify that each of its first-tier subcontractors meet the following bidder responsibility criteria:

- At the time of subcontract bid submittal, have a certificate of registration in compliance with chapter 18.27

RCW;

- Have a current state unified business identifier number;

- If applicable, have:

1) Industrial insurance coverage for the subcontractor’s employees working in Washington as required in Title 51 RCW;

2) Subcontractor’s Insurance as required by Attachment B, “Insurance”;

3) An employment security department number as required in Tile 50 RCW; and

4) A state excise tax registration number as required in Tile 82 RCW;

5) An electrical contractor license, if required by Chapter 19.28 RCW;

6) An elevator contract license, if required by Chapter 70.87 RCW.

- Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3).

- Have received, or be exempt from, training on the requirements related to public works and prevailing wage under RCW 39.12.

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21. COMPENSATION AND METHOD OF PAYMENT.

A. The City shall pay the Contractor for work performed under this Contract as detailed in the bid, as incorporated in the Contract.

B. Payments for work provided hereunder shall be made following the performance of such work, unless otherwise permitted by law and approved in writing by the City. No payment shall be made for any work rendered by the Contractor except as identified and set forth in this Contract.

C. Progress payments shall be based on the timely submittal by the Contractor using the City’s Virtual Project Manager.

D. Payments for any alterations in or additions to the work provided under this Contract shall be in accordance with the Request for Information (RFI) or Construction Change Order (CCO) process as set forth in the Virtual Project Manager Documents. Following approval of the RFI or CCO, the Contractor shall submit the payment request through Virtual Project Manager.

E. The Contractor shall submit payment requests through Virtual Project Manager with a completed Application for Payment form, an example of which is included in Attachment D to this Contract. This form includes a lien waiver certification and shall be notarized before submission. Applications for payment not signed or notarized shall be considered incomplete and ineligible for payment consideration. The City shall initiate authorization for payment after receipt of a satisfactorily completed payment request form and shall make payment to the Contractor within approximately thirty (30) days thereafter. Final payment requests shall also include a Certification of Work Completion and Acceptance (located in Attachment D).

IN WITNESS WHEREOF, the parties have executed this Contract as of the date of the last signature affixed below.

CONTRACTOR CITY OF PORT ANGELES

By: By:

Printed Name: Printed Name:

Title: Title:

Date: Date:

APPROVED AS TO FORM:

BY:

CITY ATTORNEY

ATTEST:

BY:

CITY CLERK

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City of Port Angeles Engineering Office Public Works and Utilities Department

The Contractor shall do all work and furnish all tools, materials, and equipment in order to accomplish the project described below. Unless otherwise provided for in the Statement of Work, the Contractor shall be responsible for obtaining and paying for any and all permits required for this work. Contractor is responsible for clean-up and disposal of all clippings, brush, debris, and waste materials.

General Scope: Multi-year: Trim trees as directed and at specified locations within the City of Port Angeles to provide clearance to overhead power lines.

Locations:

Year 1: Zone 4 on the map below and other specified locations within the City, as directed.

Year 2: Zone 5 on the map below and other specified locations within the City, as directed.

Site Point of Contact: Vic Smith, Electrical Engineering Specialist at 360-417-4706.

Work Hours and Schedule: City Light Operations crews work 7:00 am to 3:30 pm, Monday through Friday.

Engineering staff is available between 7:00 am and 4:30 pm. No support from City personnel is available outside of these hours, or on legal holidays. Contractor is to consider these time periods when planning their schedule.

Traffic Control: Contractor shall provide traffic control at all locations in accordance with Washington State Dept. of Transportation publication M 54-44.10 traffic control plans (available on www.wsdot.wa.gov) or the Washington State Dept. of Transportation typical traffic control plans (available on wsdot.wa.gov/engineering-standards/all-manuals-and-standards/plan-sheet-library/work-zone-typical-traffic-control-plans-tcp).

Certification(s): Bidder's crews must be certified as "qualified employees" per WAC 296-45-015 to work within ten-feet of energized 12,470-volt overhead power distribution lines.

Specifications:

All work shall be executed in strict accordance with the latest edition of the following standards and codes and all local ordinances and regulations and shall meet industry standards.

1. International Building Code (IBC)

2. International Residential Code (IRC)

3. Uniform Plumbing Code (UPC)

4. International Fuel and Gas Code (IFGC)

5. International Mechanical Code (IMC)

6. Washington State Energy Code (WSEC)

7. Washington State Ventilation and Indoor Air Quality Code (VIAQ)

8. ANSI 117 (Ada Accessibility Code)

9. International Fire Code (IFC)

10. National Electrical Code (NEC)

11. National Electric Safety Code (NESC)

12. Underwriters Laboratories (UL)

13. City of Port Angeles Urban Service Standards & Guidelines (current edition)

14. WSDOT Standard Specifications (2026)

Permits: (Any permit specific requirements or information).

City of Port Angeles Right-of-Way Construction Permit may be required.

ATTACHMENT ”A”

WORK BY CONTRACTOR

https://www.wsdot.wa.gov/

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Work Requirements:

1.0 Special Requirements

1.1 Journeyman trimmers shall be used.

1.1.1 If apprentices are to be used, there shall be 2 Journeymen for every apprentice on the crew.

1.1.2 If the Contractor elects to utilize apprentices there shall be no additional charge to the

City to provide additional Journeymen to the crew.

1.2 Chippers used shall be "self-loading."

1.3 Project to be bid using the crew and equipment described on the bid form. City reserves the right to request climbers and additional crew and/or equipment for up to four weeks per annual period for tree removal or special conditions at Contractor's standard billing rates included with bid package.

1.4 At the City’s discretion, electronic maps via a web-based application may be used. Access would be granted to contract foreman. Contractor is to provide a wireless smart device capable of web access for the use of the crew. Locations trimmed are to be updated in the online database immediately upon completion.

1.5 Trimming outside of specifically marked clearing zones is strictly prohibited without advance written approval from the project manager.

1.6 Contracting crew to set up shop within city limits. Shop outside of city limits will be allowed with prior written approval from project manager.

1.7 End-of-day progress reports shall be given to the City’s Project Manager daily. Daily progress reports shall show what streets have been trimmed, discuss any issues encountered, and shall describe the plan for the following day.

2.0 Washington Administrative Code (WAC)

Comply with the most recent version of the following requirements of the WAC.

In instances where the most recent version of the WAC differs from the text copied below, the most recent WAC shall hold precedence.

1. WAC 296-45-455

Line-clearance tree-trimming operations.

This section provides additional requirements for line-clearance tree-trimming operations and for equipment used in these operations.

This section does not apply to qualified employees.

(1) Before an employee climbs, enters, or works around any tree, a determination must be made of the nominal voltage of electric power lines posing a hazard to employees. However, a determination of the maximum nominal voltage to which an employee will be exposed may be made instead, if all lines are considered as energized at this maximum voltage.

(2) There must be a second line-clearance tree trimmer within normal, unassisted voice communication under any of the following conditions:

(a) If a line-clearance tree trimmer is to approach more closely than 10 feet (305 cm) any conductor or electrical apparatus energized at more than 600 volts; or

(b) If branches or limbs being removed are closer to lines energized at more than 600 volts than the distances listed in Table 2, located in WAC 296-45-325; or

(c) If roping is necessary to remove branches or limbs from such conductors or apparatus.

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(3) Line-clearance tree trimmers shall maintain the minimum approach distances from energized conductors given in Table 2, located in WAC 296-45-325.

(4) Branches that are contacting exposed energized conductors or equipment or that are within the distances specified in Table 2, located in WAC 296-45-325 may be removed only through the use of insulating equipment.

Note: A tool constructed of a material that the employer can demonstrate has insulating qualities meeting

WAC 296-45-305(1) are considered as insulated under this section if the tool is clean and dry.

(5) Ladders, platforms, and aerial devices may not be brought closer to an energized part than the distances listed in Table 2, located in WAC 296-45-325.

(6) Line-clearance tree-trimming work may not be performed when adverse weather conditions make the work hazardous in spite of the work practices required by this section. Each employee performing line-clearance tree-trimming work in the aftermath of a storm or under similar emergency conditions shall be trained in the special hazards related to this type of work.

Note: Thunderstorms in the immediate vicinity, high winds, snowstorms, and ice storms are examples of adverse weather conditions that are presumed to make line-clearance tree-trimming work too hazardous to perform safely.

(7) A tree trimmer may climb out of a basket into a tree or from a tree back into the basket so long as he is properly tied into the tree during the entire maneuver and the employer can demonstrate that this is the safest way to perform the work.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060 and chapter 49.17 RCW. WSR 19-13- 083, § 296-45-455, filed 6/18/19, effective 8/1/19; WSR 16-10-082, § 296-45-455, filed 5/3/16, effective 7/1/16.

Statutory Authority: RCW 49.17.040. WSR 99-09-080, § 296-45-455, filed 4/20/99, effective 8/1/99. Statutory Authority: RCW 49.17.010, [49.17].040, [49.17].050 and [49.17].060. WSR 98-07-009, § 296-45-455, filed 3/6/98, effective 5/6/98.]

2. WAC 296-45-45505

Brush chippers.

(1) Brush chippers must be equipped with a locking device in the ignition system.

(2) Access panels for maintenance and adjustment of the chipper blades and associated drive train must be in place and secure during operation of the equipment. Servicing and maintenance must be performed according to chapter 296-803 WAC, Lockout/tagout (control of hazardous energy).

(3) Brush chippers not equipped with a mechanical infeed system must be equipped with an infeed hopper of length sufficient to prevent employees from contacting the blades or knives of the machine during operation.

(4) Trailer chippers detached from trucks must be chocked or otherwise secured.

(5) Each employee in the immediate area of an operating chipper feed table must wear personal protective equipment as required by WAC 296-45-25505 of this chapter.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060 and chapter 49.17 RCW. WSR 19-13- 083, § 296-45-45505, filed 6/18/19, effective 8/1/19; WSR 16-10-082, § 296-45-45505, filed 5/3/16, effective

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7/1/16. Statutory Authority: RCW 49.17.010, [49.17].040, [49.17].050 and [49.17].060. WSR 98-07-009, § 296- 45-45505, filed 3/6/98, effective 5/6/98.]

3. WAC 296-45-45510

Sprayers and related equipment.

(1) Walking and working surfaces of sprayers and related equipment must be covered with slip-resistant material.

If slipping hazards cannot be eliminated, slip-resistant footwear or handrails and stair rails meeting the requirements of chapter 296-24 WAC, Part J-1, and WAC 296-800-260 may be used instead of slip-resistant material.

(2) Equipment on which employees stand to spray while the vehicle is in motion must be equipped with guardrails around the working area. The guardrail must be constructed in accordance with chapter 296-24 WAC, Part J-1 and WAC 296-800-260.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060 and chapter 49.17 RCW. WSR 19-13- 083, § 296-45-45510, filed 6/18/19, effective 8/1/19. Statutory Authority: RCW 49.17.010, [49.17].040, and [49.17].050. WSR 01-11-038, § 296-45-45510, filed 5/9/01, effective 9/1/01. Statutory Authority:

RCW 49.17.010, [49.17].040, [49.17].050 and [49.17].060. WSR 98-07-009, § 296-45-45510, filed 3/6/98, effective 5/6/98.]

4. WAC 296-45-45515

Stump cutters.

(1) Stump cutters must be equipped with enclosures or guards to protect employees.

(2) Each employee in the immediate area of stump grinding operations (including the stump cutter operator) must wear personal protective equipment as required by WAC 296-45-25505.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060 and chapter 49.17 RCW. WSR 19- 13-083, § 296-45-45515, filed 6/18/19, effective 8/1/19. Statutory Authority: RCW 49.17.010, [49.17].040, [49.17].050 and [49.17].060. WSR 98-07-009, § 296-45-45515, filed 3/6/98, effective 5/6/98.]

5. WAC 296-45-45520

Backpack power units for use in pruning and clearing.

(1) While a backpack power unit is running, no one other than the operator may be within 10 feet (305 cm) of the cutting head of a brush saw.

(2) A backpack power unit must be equipped with a quick shutoff switch readily accessible to the operator.

(3) Backpack power unit engines must be stopped for all cleaning, refueling, adjustments, and repairs to the saw or motor, except as the manufacturer's servicing procedures require otherwise.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060 and chapter 49.17 RCW. WSR 19- 13-083, § 296-45-45520, filed 6/18/19, effective 8/1/19. Statutory Authority: RCW 49.17.010, [49.17].040, [49.17].050 and [49.17].060. WSR 98-07-009, § 296-45-45520, filed 3/6/98, effective 5/6/98.] http://app.leg.wa.gov/WAC/default.aspx?cite=296-45-25505 http://app.leg.wa.gov/RCW/default.aspx?cite=49.17.010 http://app.leg.wa.gov/RCW/default.aspx?cite=49.17.040 http://app.leg.wa.gov/RCW/default.aspx?cite=49.17.050 http://app.leg.wa.gov/RCW/default.aspx?cite=49.17.060 http://app.leg.wa.gov/RCW/default.aspx?cite=49.17 http://app.leg.wa.gov/RCW/default.aspx?cite=49.17.010 http://app.leg.wa.gov/RCW/default.aspx?cite=49.17.010 http://app.leg.wa.gov/RCW/default.aspx?cite=49.17.040 http://app.leg.wa.gov/RCW/default.aspx?cite=49.17.050 http://app.leg.wa.gov/RCW/default.aspx?cite=49.17.060 http://app.leg.wa.gov/RCW/default.aspx?cite=49.17 http://app.leg.wa.gov/RCW/default.aspx?cite=49.17.010

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6. WAC 296-45-45525

Rope.

(1) Climbing ropes must be used by employees working aloft in trees. These ropes must have a minimum diameter of 0.5 inch (1.2 cm) with a minimum breaking strength of 2300 pounds (10.2 kN). Synthetic rope must have elasticity of not more than 7 percent.

(2) Rope must be inspected before each use and, if unsafe (for example, because of damage or defect), cannot be used.

(3) Rope must be stored away from cutting edges and sharp tools. Rope contact with corrosive chemicals, gas, and oil must be avoided.

(4) When stored, rope must be coiled and piled, or must be suspended, so that air can circulate through the coils.

(5) Rope ends must be secured to prevent their unraveling.

(6) Climbing rope must not be spliced to effect repair.

(7) A rope that is wet, that is contaminated to the extent that its insulating capacity is impaired, or that is otherwise not considered to be insulated for the voltage involved cannot be used near exposed energized lines.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060 and chapter 49.17 RCW. WSR 19- 13-083, § 296-45-45525, filed 6/18/19, effective 8/1/19. Statutory Authority: RCW 49.17.010, [49.17].040, [49.17].050 and [49.17].060. WSR 98-07-009, § 296-45-45525, filed 3/6/98, effective 5/6/98.]

7. WAC 296-45-45530

Fall protection.

Each employee must be tied in with a climbing rope and safety saddle when the employee is working above the ground in a tree, unless they are ascending into the tree.

[Statutory Authority: RCW 49.17.010, 49.17.040, 49.17.050, 49.17.060 and chapter 49.17 RCW. WSR 19- 13-083, § 296-45-45530, filed 6/18/19, effective 8/1/19. Statutory Authority: RCW 49.17.010, [49.17].040, [49.17].050 and [49.17].060. WSR 98-07-009, § 296-45-45530, filed 3/6/98, effective 5/6/98.]

8. WAC 296-45-325

Working on or near exposed energized parts.

This section applies to work on exposed live parts, or near enough to them, to expose the employee to any hazard they present.

(1) General. Only qualified electrical employees may work on or with exposed energized lines or parts of equipment. Only qualified electrical employees may work in areas containing unguarded, uninsulated energized lines or parts of equipment operating at 50 volts or more. Electric lines and equipment must be considered and treated as energized unless the provisions of WAC 296-45-175 through 296-45-17565 or 296-45-335 have been followed.

(2) Except as provided in subsection (3) of this section, at least two qualified electrical employees must be present while the following types of work are being performed:

(a) Installation, removal, or repair of lines that are energized at more than 600 volts;

http://app.leg.wa.gov/RCW/default.aspx?cite=49.17.010 http://app.leg.wa.gov/RCW/default.aspx?cite=49.17.040 http://app.leg.wa.gov/RCW/default.aspx?cite=49.17.050 http://app.leg.wa.gov/RCW/default.aspx?cite=49.17.060 http://app.leg.wa.gov/RCW/default.aspx?cite=49.17 http://app.leg.wa.gov/RCW/default.aspx?cite=49.17.010 http://app.leg.wa.gov/RCW/default.aspx?cite=49.17.010 http://app.leg.wa.gov/RCW/default.aspx?cite=49.17.040 http://app.leg.wa.gov/RCW/default.aspx?cite=49.17.050 http://app.leg.wa.gov/RCW/default.aspx?cite=49.17.060 http://app.leg.wa.gov/RCW/default.aspx?cite=49.17 http://app.leg.wa.gov/RCW/default.aspx?cite=49.17.010 http://app.leg.wa.gov/WAC/default.aspx?cite=296-45-175 http://app.leg.wa.gov/WAC/default.aspx?cite=296-45-17565 http://app.leg.wa.gov/WAC/default.aspx?cite=296-45-335

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(b) Installation, removal, or repair of deenergized lines if an employee is exposed to contact with other parts energized at more than 600 volts;

(c) Installation, removal, or repair of equipment, such as transformers, capacitors, and regulators, if an employee is exposed to contact with parts energized at more than 600 volts;

(d) Work involving the use of mechanical equipment, other than insulated aerial lifts, near parts energized at more than 600 volts; and

(e) Other work that exposes an employee to electrical hazards greater than or equal to those posed by operations that are specifically listed in subsection (2)(a) through (d) of this section.

Notes: • One qualified electrical employee will serve principally as a standby person who must be so located that they may physically reach the other qualified electrical employee in the event of an accident either with their hand or with a hot stick twelve feet or less in length. The standby person will be so positioned as to be able to observe the other employee, their bodily movements, and verbally warn of any impending dangers. In no case when working in pairs will qualified electrical employees work simultaneously on energized wires or parts of different phases or polarity;

• When installing or removing a hot line clamp connection on a multiphase system, it is permissible for the second qualified electrical employee to stand by at the lower controls of the aerial lift provided the connection or disconnection does not interrupt or pick up the load. The hot line clamp and connecting jumper must be constructed so it cannot make contact with any other energized parts. The work must not be performed above lines or apparatus energized at more than 600 V.

• In cases of necessity the standby person may temporarily assist the other qualified electrical employee provided that they both work on wires or parts of the same phase or polarity. Both qualified electrical employees shall so position themselves so that the presence of the second person does not increase the hazard.

(3) The provisions of WAC 296-45-325(2) do not apply to (a) through (e) of this subsection. In addition to the requirements of subsection (4) of this section, a qualified electrical employee working under this subsection (3), must position themselves so that they are neither within reach of nor otherwise exposed to contact with energized parts.

(a) When re-fusing circuits or equipment with a hot stick.

(b) When operating switches by means of operating handle or switch sticks.

(c) When installing or removing a hot line clamp connection with an approved hot stick on a single-phase line or apparatus, providing that the connection or disconnection does not interrupt or pick up a load.

(d) When installing or removing by hot stick simple load metering devices provided the connection does not interrupt or pickup load.

(e) Emergency repairs to the extent necessary to safeguard the general public.

Notes: • The hot line clamp and connecting jumper must be constructed so that it cannot make contact with any other energized parts.

• On a multiphase feed this applies only when one single-phase line or apparatus is present on the load side.

(4) Minimum approach distances. The employer must ensure that no employee approaches or takes any conductive object closer to exposed energized parts than set forth in Table 2, unless:

(a) The employee is insulated from the energized part (insulating gloves or insulating gloves and sleeves worn in accordance with subsection (6) of this section are considered insulation of the employee only with regard to the energized part upon which work is being performed); or

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(b) The energized part is insulated from the employee and from any other conductive object at a different potential;

(c) Appendix A of this chapter (of the WAC) contains additional information relating to working on exposed energized parts.

(d) For voltages over 72.5 kilovolts: City lines are below 72.5 kilovolts

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Table 2: AC Live Work Minimum Approach Distance

Voltage in kilovolts Distance to employee Phase to phase* Phase to ground Phase to Phase

(m) (ft-in) (m) (ft-in) Table 2-A for Voltages of 72.5 KV and Less (1,2,3,4)

0 to 0.050 not specified not specified

0.051 to 0.300 avoid contact avoid contact

0.301 to 0.750 0.33 1-2 0.33 1-2

0.751 to 5 0.63 2-1 0.63 2-1

5.1 to 15.0 0.65 2-2 0.68 2-3

15.1 to 36.0 0.77 2-7 0.89 3-0

36.1 to 46.0 0.84 2-10 0.98 3-3

46.1 to 72.5 1.00** 3-3** 1.20 4-0

1) Employers may use the minimum approach distances in this table provided the worksite is at an elevation of

900 meters (3,000 feet) or less. If employees will be working at elevations greater than 900 meters (3,000 feet) above mean sea level, the employer shall determine minimum approach distances by multiplying the distances in this table by the correction factor in Table 3 below. A corresponding to the altitude of the work.

2) For single-phase systems, use voltage to ground.

3) For single-phase lines off three phase systems, use the phase-to-phase voltage of the system.

4) The 46.1 to 72.5 kV phase-to-ground 3-3 distance contains a 1-3 electrical component and a 2-0 inadvertent movement component.

[Statutory…