Contract for Removal

Contract for Debris Removal

Contract for

This Contract is made and entered into on this the day of , ,

by and between the City of , , a municipal corporation,

(hereinafter "City") and . (hereinafter "Contractor").

WITNESSTH:

WHEREAS, as a result of , on , 20 , a large quantity of debris was created within the City; and,

WHEREAS, the speedy and efficient removal of such debris from public rights-of-way and certain public property is of paramount importance in order to protect and preserve the general health, safety, and welfare of the inhabitants of the City of ; and,

WHEREAS, the City issued that certain Notice to Bidders dated , and accompanying Bid Specifications and General Requirements, including addenda thereto, for ; and,

WHEREAS, Contractor represents that he has read, reviewed and considered all of the terms, conditions, requirements, representations and the like contained therein and in this Contract, is totally qualified to perform such services, and is willing and capable of performing under such requirements in a timely and efficient manner.

NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual benefits derived hereby, the receipt and sufficiency of all of which is hereby acknowledged by both City and Contractor, it is hereby agreed as follows:

I. PURPOSE: The purpose of this Contract is to provide debris removal from certain public property as defined herein as a result of which occurred on , 20 , under the provisions of Section , Code of , and pursuant to the Governor's Declaration of Disaster as provided by Section , Code of 20 , as well as the President's Declaration of Disaster.

II. SERVICES OF CONTRACTOR:

(a) Contractor shall be fully responsible for debris pick-up and transportation of debris from the public rights-of-way and other public properties located within the City.

(b) Contractor shall be fully responsible for final debris disposal. Contractor further shall be responsible for supplying the disposal site (which shall have only one entrance/exit) and shall assume all responsibility for operation of the disposal site. There will be no dump sites, debris staging areas, or debris transfers within the City limits, nor will debris be permanently or temporarily stored or placed within the City.

(c) When a load of eligible debris is delivered to the disposal facility, Contractor's driver shall provide the street name or location where each load of debris originated.

(d) For the purposes of this Contract, debris that is within the Scope of Services is classified as Burnable and Non-Burnable.

(e) Debris that is classified as Non-Burnable is also included in the scope of work.

(f) Debris that is classified Hazardous or Toxic is not included in the scope of services.

(g) Contractor shall be responsible for establishing and scheduling collection routes in consultation with City Public Works Director and for coordinating deliveries with the designated disposal facilities.

(h) During the period of this Contract, Contractor shall make a minimum of three (3) passes along all public rights-of-way and defined public property in the City, or as directed by the City.

(i) Contractor shall furnish and pay the cost, including sales tax and all other applicable taxes and fees, of all the necessary materials and shall furnish and pay for all the superintendents, labor, tools, equipment, transportation and disposal site, and perform all other work required for the removal of all Hurricane debris, as defined herein, in strict accordance with this Contract, and any amendments thereto and such supplemental plans and specifications which may hereafter be approved.

(j) Contractor shall be responsible for the conduct and action of all his employees and his sub-contractors. Contractor's employees and sub-contractors shall not exhibit any pattern of discourteous behavior to the public.

(k) Contractor shall be responsible for the compliance of any subcontracting parties with the agreed upon contract conditions, and with any applicable federal, state, or local regulations.

(l) Contractor shall not make any attempts to charge any resident, business or institution for work performed under this scope of services, nor shall Contractor or anyone employed or subcontracted by Contractor accept any additional monies from any resident, business, or institution for work performed under this scope of services.

(m) Contractor shall construct an inspection tower. Tower must otherwise meet City approval.

III. EQUIPMENT AND PERSONNEL:

(a) All trucks and other equipment utilized in the performance of this Contract must be in compliance with all applicable federal, state, and local rules and regulations, and are subject to the approval of the City.

(b) Contractor is responsible for determining and complying with applicable requirements for securing loads while in transit.

(c) All vehicles and equipment shall have a fully functional and certified fire extinguisher of Class A type.

(d) Only rubber-tired vehicles that will not cause damage, abrasion, or harm to City public right-of-ways, public utilities, protected trees, public property, and private property shall be utilized by the Contractor in the performance of his duties and such vehicles or equipment shall nonetheless be subject to approval by the Disaster Coordinator.

(e) Each vehicle and trailer transporting debris shall bear two (2) emblems on each side that shows the assigned truck/trailer number and cubic yardage capacity.

(f) Contractor shall operate in accordance with all Department of Transportation standards including all pertinent traffic control techniques and procedures, as well as transportation of debris over roadways.

(g) No vehicles or equipment shall be located on public property or public rights-of-way within the City unless actively engaged in debris removal.

(h) Both City and Contractor will designate a specific person identified by name, address, phone number, and means of immediate communication access who shall be the contact person throughout the term of this Contract as agent of both City and Contractor.

IV. TIME:

(a) The maximum time allowable for complete performance in every respect under this Contract shall be ( ) days from the issuance of the Notice to Proceed, unless City initiates additions or deletions to the Contract by written change orders.

(b) Contractor must operate seven days a week during all daylight hours or as otherwise directed by the Disaster Coordinator. Removal shall be restricted to between the hours from dawn to dusk.

V. PAYMENT AND MEASUREMENT:

(a) Contractor shall only be paid for eligible debris that originates within the City.

(b) Payment shall be based on a price of $ per cubic yard of eligible debris.

(c) Measurement for burnable and non-burnable debris removed and disposed of will be by the cubic yard as predetermined through truck or trailer bed measurement.

(d) Contractor shall be reimbursed based solely on the trip tickets issued and verified by the City at the Disposal Site.

(e) Contractor shall not be paid to handle, process, or dispose of debris that is unrelated to hurricane damage.

(f) Payment for work completed may be invoiced on a bi-weekly basis. Invoices will be based on verified quantities from daily trip tickets.

(g) All payments made to the Contractor shall be subject to a 0% retainage and will be retained until ( ) days after completion of all contract work.

(h) Contractor shall be charged liquidated damages in the amount of $ per day for failure to complete the work under this Contract in the allotted time period.

VI. LIABILITY AND INDEMNITY:

(a) Contractor shall be responsible for all damages and all liability to both public and private property in the performance of its duties under the Contract, and shall report such damages to the Public Works Director as soon as possible.

(b) Contractor does further indemnify and save harmless the City, its officers, agents, representatives, employees and attorneys from and against any and all losses and claims, demands, payments, suits, actions and judgments of every kind, including, without limitation, attorneys fees and expenses.

VII. INSURANCE:

(a) Contractor shall maintain general liability insurance which shall remain in full force and effect throughout the term of the Contract, and any extension hereof, in an amount of not less than $ .

(b) Contractor shall maintain in full force and effect throughout the term of the Contract statutory worker's compensation insurance for all employees, including those of any subcontractor, utilized in the performance of the Contract.

(c) All insurance or bonds required under the terms of this Contract and the Bid Specifications and General Requirements shall be issued by a company licensed to do business in the State of .

VIII. INDEPENDENT CONTRACTOR: At all times and under all conditions Contractor and all sub-contractors shall be independent Contractors and shall not represent themselves in any way as agents of the City.

IX. TERMINATION: The Contractor may terminate this Contract upon ( ) days written notice to the City.

X. MISCELLANEOUS:

(a) Contractor will make every effort to utilize and employ local sub-contractors, equipment rental, supplies and other locally available resources.

(b) Contractor will comply with all federal, state, and local laws, rules, ordinances and regulations regarding non-discriminatory hiring with regard to race, creed, color, national origin, or handicap.

(c) Contractor shall comply with the federal, state and local requirements regarding minority business enterprise (MBE) in the procurement of goods, equipment, or services.

(d) City is not responsible for potentially adverse working conditions and Contractor accepts same "as is".

(e) Contractor shall cooperate fully with City for City to obtain reimbursement from FEMA and MEMA.

(f) City shall provide and Contractor shall allow monitoring and inspections as necessary to determine contract performance.

(g) Any environmental samples, analyses, or remediation actions required as a result of Contractor's equipment, operations, or activities shall be the full responsibility of the Contractor.

(h) All of the terms and conditions contained herein shall be interpreted in accordance with the laws of the State of , and suit will be filed in the appropriate state court in County, .

(i) This Contract is governmental in nature for the benefit of the general public of the City, and the City does not therefore waive sovereign immunity.

(j) This Contract may not be amended, altered or changed, except upon written agreement.

(k) If any provision of this Contract is held invalid, unlawful, or unconstitutional, it shall not affect the remainder of the validity hereof.

(l) This Contract shall not be assigned without the prior written consent of City.

(m) This Contract shall be binding upon the heirs, successors, assigns, agents, officials, employees, independent contractors, and sub-contractors of the parties.

(n) Use of the masculine includes feminine and neuter, singular includes plural, and captions and headings are inserted for convenience.

(o) The following documents are incorporated herein by reference:

(1) Notice to Bidders, dated

(2) Bid Specifications and General Requirements for Hurricane George Debris Removal, consisting of ( ) and containing Items - .

(3) Addendum #1, issued at a.m.

(4) Addendum #2, issued at a.m.

(5) Bid Forms for Personnel, Vehicles and Equipment and Price per Cubic Yard and Debris Site Location as submitted by the Contractor to the City and attached hereto.

This Contract will be executed in multiple counterparts, each one of which, when so executed, shall constitute an original.

IN WITNESS WHEREOF, the parties hereto have caused this Contract to be entered into on the date first above written.

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