Fill and Sign the Contract for Removal Form

- 1 - CONTRACT FOR __________________REMOVAL This Contract is made and entered into on this the __________ day of ________, 20____, 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 ______ _______, 20____, 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. Contractor represents that it is familiar with all - 2 - federal, state, and local ordinances, laws, rules and regulations with respect to debris, pick-up, transportation, and disposal, and that it will fully comply therewith at all times during the performance of work under this Contract.(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. Burnable debris includes all biodegradable matter including, but not limited to, damaged and disturbed trees; bushes and shrubs; broken, partially broken, and severed tree limbs; untreated structural timber; untreated wood products; brush; and tree stumps as defined herein. Tree stumps located on public rights-of-way or other public property shall be removed. Tree stumps with base cut diameter measurements less than or equal to 24 inches (measured 24 inches up from where the tree originally exited the ground) shall be considered to be burnable debris and removed and paid for by the same methods used for other burnable debris. Tree stumps larger than 24 inches in diameter shall be removed as burnable and paid for in accordance with approved Federal Emergency Management Agency (FEMA) rates, or as may be approved by any FEMA representative. (e) Debris that is classified as Non-Burnable is also included in the scope of work. Non-Burnable Debris includes, but is not limited to, treated timber; plastic; glass; rubber products; metal products; sheet rock; cloth items; non-wood building materials; metal products (i.e., Mobile Trailer parts, Household appliances (White Metal), and similar items), or uncontaminated soil; roofing materials; and carpeting. (f) Debris that is classified Hazardous or Toxic is not included in the scope of services. Hazardous or toxic materials or waste include, but is not limited to, petroleum products; paint products; asbestos; electrical transformers; and known or suspected hazardous materials. (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. - 3 - (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. The tower shall be constructed using pressure treated wood. The floor elevation of the tower shall be 10 foot above the existing ground elevation. The floor area shall be 8" by 8", constructed of 2" by 8" joists, 16" O.C. with 3/4" plywood supported by four 6" by 6" posts. The perimeter of the floor area shall be protected by a 4 foot high wall constructed of 2" by 4" studs and ½" plywood. The floor area shall be covered with a corrugated tin roof. The roof shall provide a minimum of 6'-6" of head room below the support beams. Access shall be provided by wooden steps with a hand rail. 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. At a minimum, any truck used to haul debris must be capable of rapidly dumping its load without the assistance of other equipment; be equipped with a tailgate that will effectively contain the debris during transport and permit the truck to be fille d to capacity; and measured and marked for its load capacity. Sideboards or other extensions to the bed are allowable provided they meet all applicable rules and regulations, cover the front and both sides, and are to be constructed in a manner to withstand severe operating conditions. The sideboards are to be constructed of 2" by 6" boards or greater and not to extend more than two feet above the metal bed sides. All extensions are subject to acceptance or rejection by the City. All equipment shall be subject to inspection by the City prior to their use and at all times during this Contract. (b) Contractor is responsible for determining and complying with applicable requirements for securing loads while in transit. At a minimum, Contractor shall assure that all loads are transported without threat of harm to the general public, private property, and public infrastructure. (c) All vehicles and equipment shall have a fully functional and certified fire extinguisher of Class A type. - 4 - (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(one on each side) that shows the following: A. "Contractor for The City of Ocean Springs" B. The assigned Truck/Trailer number C. Cubic Yardage Capacity (for applicable trucks and trailers) (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. Contractor shall be responsible for the control of pedestrian and vehicular traffic in the work area. Contractor shall provide all flag persons, signs, equipment, and other devices necessary to meet federal, state, and local requirements. The traffic control personnel and equipment shall be additional to the personnel and equipment required to perform the essential work described in this Contract. At a minimum, one flag person shall be posted at each end of each active loading site and one flag person shall be posted at each loading operation. (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. City and Contractor will immediately notify the other, telephonically, with a follow-up written confirmation within twenty-four (24) hours of any change in this designation. Such person shall be immediately available at all times during the performance of this Contract. Any personnel and equipment designated by Contractor to be utilized in the performance of the Contract shall not be utilized elsewhere or released in any way, fashion or form for the duration of the Contract unless approved in writing by the City. 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. Subsequent changes and completion time will be equitably negotiated by both parties pursuant to applicable federal, state, and local law. - 5 - (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 $00.00 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. Actual measurement shall be documented by trip tickets. (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. Further, Contractor shall bill the City and be paid only for material that originates within the City. (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 to insure against timely completion of the project and/or undiscovered damage to public or private property. (h) Contractor shall be charged liquidated damages in the amount of $00.00 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 for the total cost of review and defending same that may be brought or recovered against them by reason of any action, or omission of the Contractor, its agents or - 6 - employees (including those of any of his sub-contractors) in the performance of work under this Contract. 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 $00.00. Such insurance shall cover all operations under the Contract, whether such operations be by Contractor, or by any subcontractor, or by anyone directly or indirectly employed by any of them or for whose acts any of them may be legally liable. (b) Contractor shall maintain in full force and effect throughout the term of the Contract, and any extension hereof, 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. As independent contractors, Contractor and all sub-contractors are not entitled to any City employment benefits. IX TERMINATION: The Contractor may terminate this Contract upon ______ (____) days written notice to the City, provided, however, that during such thirty (____) days (or until earlier release by the City), Contractor shall continue to diligently perform all of his duties hereunder. The City may cancel this Contract at any time for any reason, with or without cause, upon written notice to the Contractor. 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, and shall insure that all sub-contracting, competitive and equitable bidding opportunities are followed in order to afford such minority business enterprise participation. - 7 - (d) City is not responsible for potentially adverse working conditions including, but not limited to, limited fuel supplies, limited housing availability, limited food and water suppli es, and wet and muddy conditions. Contractor represents that it has inspected the areas where debris is to be collected and removed and is familiar with the street layout, including but not limited to, street widths has located an acceptable debris disposal site; and has considered all other factors, both known and unknown, that will affect the work to be performed under this Contract, and accepts same "as is". Contractor further represents that it has not in any way relied upon any representation of the City or any of its agents, officers, representatives, employees, and attorneys. (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, which may include, but is not limited to, on-site inspections and metering of operations, and inspections of operating records during Contractor's operating hours. (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 in the event of a conflict that cannot be resolved, 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 the provisions of its sovereign immunity or its protection under the laws of the State of ______________. (j) This Contract may not be amended, altered or changed, except upon written agreement, executed by the duly authorized representative of the Contractor and by the governing authority of the City. This Contract is subject to the approval of the Federal Emergency Management Agency (FEMA) and the ______________ Emergency Management Agency (MEMA), and is subject to modifications as either of these agencies may require. (k) If any provision, section, sub-section, paragraph, sentence, clause, phrase, or portion of this Contract, or the documents incorporated herein and hereby is for any reason held invalid, unlawful, or unconstitutional by the Court identified herein, it shall not affect the remainder of the validity hereof provided such Contract is not so reduced by such holding as to render it invalid. (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 (if any), agents, officials, employees, independent contractors, and sub-contractors of the parties. - 8 - (n) Use of the masculine includes feminine and neuter, singular includes plural, and captions and headings are inserted for convenience of reference and do not define, describe, extend or limit the scope or intent of this Contract. (o) All terms, conditions, requirements, limitations, and all other provisions of the following documents are hereby incorporated herein by reference as fully as if set forth herein in words and figures as follows: (1) Notice to Bidders, dated _________ ______, 20____ (2) Bid Specifications and General Requirements for Hurricane George Debris Removal, consisting of _______ (____) and containing Items ____-____. (3) Addendum #1, issued ________ ____, 20____, at ___:00 a.m. (4) Addendum #2, issued ________ ____, 20____, at ___ :00 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 counter-parts, 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. CONTRACTOR _________________________________ By:_________________________________ Authorized Representative: CITY OF ___________________________ By:_________________________________ ________________, Its Mayor Authorized Representative: