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7849 - Scope of Work and Services Utility Tree TrimmingScope of Work and Services A. SCOPE OF WORK AND SERVICES The scope of work shall be finalized upon the selection of the Firm. The proposal submission shall have accurately described your firms understanding of the objectives and scope of the requested products and services and provided an outline of your process to implement the requirements of the Scope of Work and Services. It is anticipated that the scope proposal submission will include, at a minimum, the following: SECTION I- Designated Circuit Trim 2021/2022 Circuits to be trimmed will be determined by Operations and Maintenance Line Division Manager. Maps locating the Circuits instructed to be trimmed are supplied by DME. All distribution three phase overhead, two phase overhead, single phase overhead, and all pole to pole overhead secondary voltage conductors, secondary house service’s running from the pole or mid spanned tap to the house will be inspected for tree limbs or vines causing an abrasion and or any other type of overhead electrical power lines that lie on or within the designated areas depicted on the DME provided circuit map or are electrically sourced from the DME Circuits without exception including all energized and non-energized electrical circuits shall be trimmed and/or vegetation removed per DME tree trimming specifications and policies. For any Electrical Power Line locations that are in question due to the location near the edge of the designated area, the determining factor will be if the electrical power line has an open point connection on the identified circuit, contractor will continue trimming to the first pole past the designated open point on the circuit. The estimate for each designated circuit to be trimmed shall include all costs as required to complete the work in its entirety including but not limited to supervision, labor, equipment, materials, overhead, profit, insurance, traffic control, clean-up, repair of damages to public/private property, and all incidentals thereto. All estimates will be turned into the DME contractor coordinator assigned to this contract. No work shall be performed until the estimate for assigned circuit has been approved by DME. All estimates for work performed will be based upon the line items price sheet in Section I. Section II– Designated Circuit Trim 2022/23 Circuits to be trimmed will be determined by Operations and Maintenance Line Division Manager. Maps locating the Circuits instructed to be trimmed are supplied by DME. All distribution three phase overhead, two phase overhead, single phase overhead, and all pole to pole overhead secondary voltage conductors, secondary house service’s running from the pole or mid spanned tap to the house will be inspected for tree limbs or vines causing an abrasion and or any other type of overhead electrical power lines that lie on or within the designated areas depicted on the DME provided circuit map or are electrically sourced from the DME Circuits without exception including all energized and non-energized electrical circuits shall be trimmed and/or vegetation removed per DME tree trimming specifications and policies. For any Electrical Power Line locations that are in question due to the location near the edge of the designated area, the determining factor will be if the electrical power line has an open point connection on the identified circuit, contractor will continue trimming to the first pole past the designated open point on the circuit. The estimate for each designated circuit to be trimmed shall include all costs as required to complete the work in its entirety including but not limited to supervision, labor, equipment, materials, overhead, profit, insurance, traffic control, clean-up, repair of damages to public/private property, and all incidentals thereto. All estimates will be turned into the DME contractor coordinator assigned to this contract. No work shall be performed until the estimate for assigned circuit has been approved by DME. All estimates for work performed will be based upon the line items price sheet in Section II. SECTION III- Future Designated Circuit Trim Priced Per Linear Foot on Street Accessible Front Easement 2023-2026 A price per linear foot estimate for performing a complete circuit trim. Circuits to be trimmed will be determined by Operations and Maintenance Line Division Manager. Maps locating the Circuits instructed to be trimmed to be supplied by DME. This pricing section will be an estimate based off Sections I and II pricing calculated in per linear foot price for trimming in accessible front easement with street access. All estimates for work performed will be based upon the line items price sheet in Section III. SECTION IV- Future Designated Circuit Trim Priced Per Linear Foot Manual Trim Rear Easement Climbing Trim 2023-2026 A price per linear foot estimate for performing a complete circuit trim. Circuits to be trimmed will be determined by Operations and Maintenance Line Division Manager. Maps locating the Circuits instructed to be trimmed to be supplied by DME. This pricing section will be an estimate based off Sections I and II pricing calculated into per linear foot price for trimming in non-accessible rear easement with manual climbing trimming. All estimates for work performed will be based upon the line items price sheet in Section IV. SECTION V - FIVE YEAR CONTRACT FOR ELECTRIC UTILITY TREE TRIMMING HOURLY RATES Furnish all supervision, labor, traffic control personnel, material, supplies, tools, equipment and transportation to trim and remove trees, brush, and vines as needed to comply with DME Tree Trimming Specifications. DME requests submission of hourly rates for emergency and additional line clearing work that may be needed. CONTRACTOR awarded circuit line clearing work on DME’s system will make those crews deployed available for emergency work during the course of the Agreement unless such crews are released by DME. The line items in Exhibit 1, will be a schedule of labor rates that shall be effective during the duration of this Agreement. The equipment and tools listed provide a general description of the requirements for each unit item. These descriptions shall simply establish a minimum standard of equipment and tools. DME reserves the right to accept or reject additional hourly labor and equipment rates. DME will be the sole judge in determining what constitutes an emergency and when additional work, if any, will be awarded to the Contractor. All estimates for work performed will be based upon the line items price sheet in Section V. B. TECHNICAL RESPONSIBILITIES AND REQUIREMENTS 1. GENERAL INTRODUCTION The objectives of the Vegetation Management Program of Denton Municipal Electric (hereinafter called “DME”) are to provide a safe system environment for DME’s customers and to the general public, and to minimize tree-related outages. The objectives are to be achieved while maintaining positive relations and utilizing sound environmental practices. All of the work performed by the Contractor shall be subject to audit by DME at any time. Any work that DME determines does not meet the minimum standards or performance criteria shall be corrected at the Contractor’s sole expense, as provided in these specifications or contract. TERMS & DEFINITIONS Brush - a woody plant that is less than 3 inches diameter at breast height (dbh), that is not part of an existing tree, and that may reach the conductor at maturity. Brush work - trimming, clearing brush and applying an herbicide to the cut stems, or only applying herbicide to brush. Clearance - the distance between vegetation and the conductors. Coniferous - any cone-bearing trees or shrubs, mostly evergreens. Danger tree - any dead, dying, weak, diseased, or leaning tree (on or off the right-of-way) that could fall onto the conductors. Diameter at Breast Height (dbh) – the diameter of individual tree trunks or individual stems of brush measured at a point 4.5 feet above ground. Deciduous - any perennial plant that sheds its leaves annually or at the end of a growing season. Demand tree trimming - trimming or removing the trees on a customer-requested or emergency basis. Also may include tree work associated with line construction projects. This is typically required when trees have grown into the conductors, or are close to the conductors, and have created a potentially dangerous situation. This may also include special trimming or chipping work when requested by Denton Municipal Electric. Customer requested demand tree work should only be assigned by Denton Municipal Electric. Directional trimming - a form of natural trimming (pruning) used to encourage tree re-growth away from the conductor. It is accomplished by removing limbs growing toward the conductors entirely at the branch collar near the trunk of the tree, or by pruning to lateral branches that are at least one- third the diameter of the limb being cut and are growing away from the conductor. Drop-crotching - generally speaking, is a crown reduction technique in which a tree trimmer makes the proper pruning cuts at crotches, removing the larger limb and favoring the smaller. For electric line clearance, the trimmer would remove limbs growing toward the conductors and favor those growing away from the conductors. This usually results in a "V" shaped appearance of the tree crown and is frequently referred to as "V-trimming". See definition of "natural pruning" for further description. Evergreen - any plant that retains its leaves/needles year-round. Herbicide - a chemical pesticide used to control, suppress, or kill plants, will have a colored die for recognition. Herbicide Application - the Company making the application is responsible for the purchase, storage, record keeping and disposal of herbicides. Herbicides will only be applied by qualified applicators. Herbicide crews, tree crews, and mowing crews are required to have at least one individual on the crew at all times, who is qualified to apply herbicides. A qualified applicator is an individual who has been trained regarding the product and application method, and meets any federal, state, and local laws and regulations. This individual may be required to hold a certified applicators license, or be under the direct supervision of a certified applicator. This will depend upon state laws and regulations where the application is made. Supervisors of qualified applicators are required to hold a certified applicators license in the state or states in which they supervise crews. A marking agent (die) will be mixed with and used on applications to mark where herbicide has been applied. Hot Spot Trimming – Tree trimming deemed necessary by DME Contractor Coordinator or DME qualified personnel. Natural pruning - a method by which branches are cut to the branch collar at a suitable parent limb, the trunk of the tree, or an appropriately sized lateral branch. This method of pruning is sometimes called "drop-crotching", “proper pruning”, the “Shigo method” or "lateral trimming." Preventative maintenance - trimming or removing vegetation on a systematic basis typically by, but not limited to, circuit or grid, and in a manner intended to achieve system reliability. Pruning - the removal of dead, dying, diseased, interfering, objectionable, and/or weak branches of trees or shrubs using proper arboricultural techniques. Removal - completely removing an entire tree as close as practical to ground level and applying herbicide to the cut stump. Right-of-way - a transmission or distribution right-of-way, an easement, a utility easement, or any other corridor of land paralleling, on both sides, an overhead transmission or distribution line, and in respect of which DME has certain rights. Safety zone work – removing all overhangs by cutting back limbs to a minimum clearance of ten (10) feet from an energized conductor. Selective herbicide - an herbicide that, when applied to a mixed population of plants, will control specific species without injury to others. Shearing - the making of many small cuts so that a tree adjacent to the conductors is sheared in a uniform line. This is not a generally acceptable practice. Side pruning - using natural pruning methods to cut back or removing side branches that are threatening the conductors; required where trees are growing adjacent to conductors. Topping - cutting back the upper crown of a tree to a uniform horizontal line, leaving multiple stubs. This is an improper and unacceptable trimming technique. Tree - a perennial plant with a woody trunk measuring at least three (3) inches (dbh), and having one set of annual rings at ground level or more than one set of annual rings not separated by included bark. Trees that grow adjacent to one another and share an apparent common base completely separated by "included bark" are considered to be distinct trees. "Included bark" is bark that is included within the wood of a tree, or between the woody stems of separate trees, creating a physical separation between the trees. Tree crown - the upper portion of the tree, the branches or leaf area. Trimming - cutting back tree branches or shrubs to shape or reduce the size of the tree or shrub. V-trim - using natural pruning methods to cut back large portions of the upper crown of a tree. This is required when trees are located directly beneath a conductor. Also known as crown reduction pruning or drop crotching. Vegetation - all the plant (flora) life in a particular region. A plant community, assemblage, or aggregation with distinguishable characteristics. 2. REMOVAL & TRIMMING STANDARDS A. Distribution Vegetation Management Requirements  IEEE Table 5 and Table 7, of 516-2003  OSHA Tree Trimming Standards (1910.269)  American National Standards Institute (ANSI) A300 Pruning Standards, which are industry trimming standards developed by the Tree care Industry Association (TCIA) and accepted by industry leaders, including the International Society of Arboriculture, the American Society of Consulting Arborist, the Utility Arborist Association, the US Forest Service and other tree care organizations. The standards include use of natural lateral or directional trimming methods that promote growth of the tree away from the electrical facilities. These trimming methods ideally allow a tree to retain as much of its natural form as possible while requiring less trimming in the future.  a standard 75’ R.O.W for transmission lines  applicable City of Denton codes 1. General Guidelines Effective tree to conductor clearance is determined by: a. Voltage, tree location, and importance of the individual line b. Ambient air temperature and the height of the poles and line c. The species and growth habit. d. The trimming cycle e. Local weather characteristics 2. Under and Side-clearance Any tree affecting or potentially affecting a primary distribution line Shall be trimmed to prevent any involvement with the line (see table 1. “DME Minimum Clearance Requirements”). Note: (1) Where the amount to be removed in order to obtain adequate clearance will have an adverse impact on the overall long-term health of the tree, the tree will be considered for removal; (2) The neutral wire has the potential to carry primary voltage, which contractor shall take into consideration when clearing primary lines; and (3) Open-Wire Secondary Conductor and neutral shall have a minimum 5' of clearance. All poles will have a minimum 5’ of clearance around the bottom of the pole. 3. Overhang Clearance When at all possible, overhangs shall be removed. When not removed, clearance shall be a minimum of 15 feet. Note: Overhang clearance shall be increased where circuits have experienced historical exposure to snow and ice. 4. Other Clearances Secondary Conductors, Service Drops, Streetlight Circuits, DME Fiber-optic and Guy Wires shall be cleared on a case-by-case basis as determined necessary by DME during field inspection, to free them from weight, strain, or displacement caused by contact with trees. 5. Vine Clearance: Unless otherwise instructed, vines ascending all poles and guy wires shall be Cut off at ground level. Table 1. DME Minimum Clearance Requirements *Clearance From Trees Conductor Type Secondary (120-480 V) Primary Voltage (2-25 kV) 69 kV and above SIDE Primary 5 5 10 15 OVER Primary 5 5 15 None UNDER Primary Neutral Fiber-Optic 5 5 5 10 5 15 *Clearances at time of trimming. a. Transmission Right of Way (R.O.W.) Requirements Transmission vegetation management (VM) work typically differs from what would be found adjacent to distribution power lines. Distribution VM work is dominated by pruning and removing trees adjacent to distribution poles, which in most cases are in more populated areas. Conversely, transmission lines are typically located on structures and towers and are typically located in more remote areas. There is no industry consensus as to how a transmission ROW should be established and maintained. From an electric reliability standpoint, it simply requires managing vegetation so that it cannot grow into, or fall onto the energized facilities. It requires creating a predictable and low- growing environment of vegetation under and adjacent to the ROW. 1. Clearance Trees shall be trimmed to obtain a -15-foot conductor clearance on all transmission right-of- ways. 2. Supplemental Vegetation Supplemental planting, re-vegetation or mitigation measures will not be placed in, or interfere with DME’s existing access roads or existing cleared work areas such as structure foundations. The developer or landowner will verify the location of existing access roads and work areas with DME and submit a plan for review and approval prior to installing any supplemental planting, re-vegetation or mitigation in DME rights of way. 3. R.O.W. Clearing Methods Physical and mechanical clearing is the generally approved method of R.O.W. clearing. Limited herbicidal applications may only be used with local DME Management approval and the use of licensed applicators. Refer to Herbicide Applications in terms and definitions. b. General Pruning Methodology Natural (directional) pruning is a method by which branches are cut at a suitable parent limb back toward the center of the tree. The cut should be made as close as possible to the branch collar at the branch base, but the collar should not be injured or removed. Every branch has a branch bark ridge that separates the branch from the main stem. The cut should be made on the outer side of the ridge. If the cut is made on the inner side of the ridge, a trunk wound will result that provides easy entry for microorganisms. This method of pruning is sometimes called “drop- crotching” or “lateral trimming.” Large branches should be removed to laterals at least one-third the diameter of the branch being removed. Natural pruning is especially adapted to the topping of large trees where a great deal of wood must be removed. In natural pruning, almost all cuts are made with a saw, and very little pole pruning works is required. This results in a natural looking tree when finished, even if a large amount of wood has been removed. Natural pruning is also directional pruning, since it tends to guide the growth of the tree away from the wires. Stubbing or pole-clip clearance, on the other hand, tends to promote rapid sucker growth right back into the conductors. The big factor to remember is that natural pruning does work, and that two or three trimming cycles done in this manner will bring about an ideal situation for both the utility and the tree owner. Most shade trees lend themselves easily to this type of pruning. Details of improper trimming and proper natural pruning techniques are shown here. The branch in figure 1. Was cut back to a lateral that is too small. Branches should be cut back to a lateral that is at least one-third the size of the branch being removed as shown at figure 3. If a proper lateral is not available, the branch should be cut back to the trunk. 1. Incorrect 2. Incorrect The cut shown at figure 2. Is an improper flush cut where the branch collar was removed? The cut at figure 4. Shows the proper method to remove the branch at the trunk, leaving the branch collar but not a stub. 3. Correct 4. Correct d. SPECIFIC PROCEDURES 1. SCHEDULED TREE PRUNING Procedure Contractor shall perform work as scheduled by DME. The Contractor will only accept work assignments from DME or their designees, except in emergency conditions. The Contractors will patrol the circuit, logging the work for the Contractor’s crews, and communicating to property owners about the tree trimming, which is identified to be performed on their property. The Contractor is responsible for securing signed permission to remove trees. The Contractor shall acquire all certifications required for trimming and removing of trees from any municipality, state, or federal agency in which the Contractor’s crews will be performing work pursuant to this contract. Limb and Branch Disposal DME contract crews will dispose of all debris resulting from their tree removal and pruning operations unless different arrangements have been made with the property owner. 2. SCHEDULED TREE REMOVAL Removal Procedure DME and its agents will inspect the trees near power lines scheduled for maintenance and determine which trees should be removed. If a tree is a candidate for removal, the homeowner or resident will be contacted and asked to authorize DME, and its contractors to remove the tree to the ground line. Tree Disposal DME contract crews will dispose of all debris. DME contract crews will remove all limbs and brush from the trimming area after the work has been completed. Limbs and brush will be cleaned up before leaving the site or at the end of each day (weather permitting). Safety Zones Contractor will remove all overhangs by cutting back limbs to a minimum clearance of 10 feet from the energized conductor. Stumps DME and its contract crews will NOT grind out stumps. Stumps should be treated with an approved herbicide unless a property owner has requested that the stump not be treated and/or if the herbicide label warns against treatment of stumps in particular situations. Refer to Herbicide Applications in terms and definitions. 3. SERVICE-DROP TREE TRIMMING Procedure Customer service-drops are not generally trimmed by DME or its contractors. In all cases, the decision on which course of action to take will be determined by local management. In most instances the following rules shall be adhered to.  DME will clear/trim limbs encroaching service wires that pose a hazard to service, facilities or the public when found and/or made aware of.  When requested by the customer, DME will lower/remove overhead services for tree removal by the customer or customer’s agent during normal business hours at no charge. Rationale: The customer has the control and responsibility for planting and pruning of vegetation on private property. 4. EMERGENCY OR AFTER HOUR WORK Procedure In the event of an emergency and when specifically requested by DME, the contractor will make crews available to perform work after hours, weekends, and holidays necessitated by the emergency. On such emergencies, only essential work shall be done to clear vegetation as required to rapidly restore electric service. The General Foreman on duty during such emergencies shall document the event and deliver that documentation to DME at the earliest opportunity, but no later than two (2) working days subsequent to the emergency. Contractor is required to provide one 2-person lift, on a rotating basis, which will be designated as a “call out” crew. There is no compensation while the crew is on-call unless that crew is called out to perform after hour’s emergency work. Contractor will be reimbursed on a time and equipment basis for emergency and after hours work at the rates specific. Time shall be calculated upon the crew’s departure from, and return to, the contractor’s yard. Customer Notifications during Storm Work Crews may make a courtesy knock on the customer’s door to let the homeowner know that work will be performed at that location. However, due to emergency conditions that occur during storms, DME and its contractors may prune and remove trees necessary to restore power without contacting every homeowner. 5. REVIEW OF WORK Procedures The Contractor shall notify DME when the circuit has been trimmed of all vegetation set to the minimum standards set forth in Table 1. DME will audit the circuit for proper pruning practices and minimum standards set forth in Table 1. The Contractor shall not be compensated for any work that does not meet DME quality standards unless that work is corrected to DME’s quality standards at the Contractor’s sole expense. 3. CONTRACTOR PERSONNEL AND EQUIPMENT a. GENERAL FOREMAN The Contractor shall ensure that it has supervisory personnel on the property to ensure that all of the Contractor’s crews on the property are properly supervised and to provide the interaction and communication with DME required by this contract. Such supervisory personnel shall be called “General Foremen” in these specifics. 1 General Foremen is required to have a valid arborist certification from the International Society of Arboriculture. DME applies annually for Tree Line USA Utility recognition. Contractor and or Foreman shall be required to present training records for their employees and provide a 1 day training annually for appointed DME staff for compliance needs by DME for the annual application of Tree Line USA Utility. 1. Lift Crews Lift crews shall consist of three persons, one working Foreman with a CDL, one qualified line clearance tree trimmer with CDL and one trimmer trainee or ground man. Working Foreman and Tree Trimmer shall be qualified tree climbers. A Supervisor is required for the purposes of performing all activities as required such as but not limited to; scheduling, tool repair, truck repair, planning, etc. The Supervisor is required to maintain a cellular telephone at all times. All lift crews shall have the following minimum equipment: A. One bucket truck with a minimum 50-foot insulated boom with a 55-foot minimum working height from ground to bottom of bucket with chip box, certified for live-line work, complete with a chipper width 12-inch cutting bar, 10 cubic yard covered dump box, and equipped with such other equipment necessary to safely perform all types of work required by this contract in accordance with all applicable laws. b. One 12’ or larger drum chipper or disk type chipper capable of blowing chips into the dump box. 2. Manual Crews Manual crews shall consist of at least two persons. All manual crews shall have the following minimum equipment: a. One split dump, equipped with such other equipment necessary to safely perform all types of Work required by this contract in accordance with all applicable laws. b. One 12’ or larger drum chipper or disk type chipper capable of blowing chips into the dump box. All vehicles and equipment shall be in good working condition, kept clean and organized at all times, maintaining a professional appearance. The average age of the Contractor fleet, excluding pickup trucks and other light vehicles, shall not exceed five (5) years. No lift truck shall be older than five (5) years old and no split dump or chipper shall exceed seven (7) years. Standard equipment shall include at a minimum: working chainsaws in various sizes depending on the work at hand; ropes, saddles and all other necessary climbing gear (for all crews, including lift trucks); pole pruners, hydraulic chain saw or “stick saws” for lift trucks; brush saws if appropriate for the working conditions’ herbicide and appropriate applicator equipment; and any hand tools, spare equipment and spare parts necessary for safe, efficient operations. Chipper with 12-inch cutting bar (minimum) 10 cubic yard covered dump body that is a model year 2000 or newer model, and other equipment listed for brush pick up crews. Working foreman shall be a qualified tree climber. Equipment Required: One (1) set of climbing hooks, chain saws, one (1) 14” with manufactures specified engine and one (1) 24” with manufactures specified engine; ropes: (1) ½” with 100’ and one (1) ¾” with 200’ or more, hand sprayer (1 gallon minimum), broom, rake, shovel, gas powered blower, work signs, traffic cones. All trucks and chippers shall clearly display Contractor for Denton Municipal Electric makings (Provided by DME) and vehicle numbers. Truck markings should be visible from either side. Also, the markings should at least be large enough to be legible from a distance commonly encountered in traffic, i.e., several car lengths or across a four-lane intersection. All trucks, chippers, and equipment will park off- site, equipment will not be parked overnight on City of Denton property. Off- site parking will be furnished by the contractor. b. Contractor’s Employee Appearance and Conduct Contractor’s employees shall maintain professional conduct and neat appearance at all times and shall wear clothing (such as T-shirts, sweatshirts, jackets, etc.) displaying Contractor’s color and/or emblem. Each employee shall wear a hard hat clearly displaying the employee’s emblem. Contractor’s employees shall adhere to the following guidelines. However, the following guidelines are neither intended to be nor should they be considered to be inclusive. (1) Crews shall be courteous to customers at all times. (2) Crews shall not engage in “horseplay” while at work. (3) Crews shall refrain from using language that is profane, boisterous, derogatory, racial, or of an ethnic nature (4) Crews shall refrain from displaying sexually suggestive objects or pictures, racial, or magazines, calendars or posters. (5) Crews shall not use customers’ property (i.e. patios, picnic tables, etc) for breaks. (6) Crews shall not leave refuse from lunches, etc. on private property or public property. (7) Crew members shall not enter customer’s house. (8) Crews shall refrain from climbing over or standing on any fence, garage, and tool shed, etc. Unless absolutely necessary to access work, and only when it can be done safely without damaging the customer’s property. c. Contact List The Contractor shall provide DME, as needed, a list of all General Foremen, crew foreman, and the phone numbers where each can be contacted, including pagers, beepers, cell phones, and home telephone. All General Foremen shall carry cellular phones that are in good working order. c. Prohibition against Solicitation The Contractor’s employees shall not solicit any private work, including tree work, while performing work pursuant to this contract. 4. CUSTOMER RELATIONS a. Customer Notification All attempts shall be made to contact the private property owner, and any municipality, state, or federal agency in person. If attempt cannot be made in person, a door cards will be left on the property indicating the work to be perform. Door cards shall be placed before the scheduled work is to begin. b. Customer Complaints All complaint resolution is the responsibility of the contractor. Complaints will be corrected to DME’s reasonable satisfaction, at the contractor’s expense. The appropriate Line Clearance Supervisor will be informed of all complaints on the next regular workday. The contractor shall notify DME when a complaint is resolved. DME will notify the contractor of complaints DME receives directly. Complaints received after job completion are also the responsibility of the contractor and shall be resolved as stated above. Failure to do so will result in exclusion from consideration for future work and possible payment withholding. The Contractor shall notify DME, in writing, within one (1) working day of any damage complaint received, regardless of cause or extent of damage. Contractor shall keep DME informed of the status of each complaint and of any settlement made. Contractor shall respond to all customer claims within one (1) working day of notification by either the customer or DME and attempt to settle all claims within ten (10) working days after the initial response to the claim. Contractor shall provide DME with weekly status reports for those claims not resolved within this timeframe, to include all efforts taken to resolve said claims. All damage claims are the responsibility of the contractor. In addition, the contractor is responsible for all damage to DME facilities resulting from their work, including labor and material costs associated with system repair. If, in DME’s opinion, Contractor fails to take all reasonable efforts to resolve a customer claim, DME shall resolve and charge back all costs of settlement, including reasonable attorney fees and administrative costs, to the Contractor. c. Customer Refusals Under circumstances where the customer will not allow proper clearance, or where a customer problem is anticipated, the contractor shall use good judgment in trying to come to an understanding and communicating the importance of obtaining proper line clearance with the customer. The contractor shall contact the appropriate DME line clearance representative and provide written documentation and customer information. d. Media Notifications The contractor shall not make any verbal or written statement to any press or news media, relative to the work under this contract, without first obtaining specific written approval thereof from DME.