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HomeMy Public PortalAboutPre-Event Contract - scan.pdfPRE -EVENT CONTRACT FOR DISASTER DEBRIS MANAGEMENT AND INFRASTRUCTURE RESTORATION SERVICES BETWEEN CITY OF TYBEE ISLAND, GEORGIA AND PHILLIPS & JORDAN, INC. ARTICLE TABLE OF CONTENTS PAGE 1. Effective Date/Term 3 2. Services to be Performed by Contractor 3 3. Compensation 3 4. Insurance 4 5. Standard of Care 5 6. Indemnification 5 7. Independent Contractor 6 8. Authority to Practice 6 9. Compliance with Laws 6 10. Sub -contracting 6 11. CITY'S Responsibilities 7 12. Termination of Contract 7 13. Uncontrollable Forces 7 14. Governing Law and Venue 8 15. Non -Discrimination 8 16. Waiver 8 17. Severability 8 18. Entirety of Contract 9 19. Modification 9 20. Successors and Assigns 9 21. Truth -in -Negotiation Certificate 9 22. Ownership of Documents 9 23. Access and Audits 10 24. Notice I0 25 Contract Administration. 11 26. Confidentiality 11 27. Escalation Clause 11 28. Task Order/Performance I 1 29. Bonds 11 Contract Execution 12 EXHIBITS A. Scope of Work 14 B. Fee Schedule 24 C. Private Property Owner Release Form 27 2 This Contract, between The City ofTybee Island, Georgia, (hereinafter referred to as CITY) and Phillips. & Jordan, Inc. (hereinafter referred to as CONTRACTOR), a North Carolina Corporation, whose Federal Employer Identification Number is 56-0694573. Whereas, CITY requires the services of a qualified general contractor to perform the removal, reduction, anddisposal of' hurricane debris, and other infrastructure restoration services as may be necessary to restore the CITY to its pre -disaster condition in a timely manner. Whereas, CONTRACTOR represents it is capable and prepared to provide such services. Now, therefore, in consideration of the promises contained herein, the parties hereto agree as follows: ARTICLE 1- EFFECTIVE DATE/TERM The effective date of this Contract shall be (enter effective date of contract). Term of Contract shall be for a five (5) year period, unless otherwise terminated as provided herein. The CITY shall have the option of extending the Contract for two (2) additional five (5) year periods at the same terms and conditions with approval from the CITY's Governing Board. Such extension shall be in the form of a written Amendment to the Contract executed by both parties. The continuance of this Contract from year to year is contingent upon successful annual recertification of the CONTRACTOR' capabilities. The recertification process will be a review of the fiscal (bankruptcy, etc.), logistic (equipment availability, etc.) and moral (conviction for environmental crime, conviction for crime against a public entity, etc.) responsibility of the CONTRACTOR and a determination by the CITY, based on this review, of whether or not the CONTRACTOR continues to be a viable firm to provide the services described in this Contract ARTICLE 2 - SERVICES TO BE PERFORMED BY CONTRACTOR CONTRACTOR shall perform the services as stated in the Scope of Work, Exhibit A, which is attached hereto and incorporated by reference as part of this contract, as may be specifically authorized by the CITY. Such authorizations will be referred to as Task Orders. Each Task Order will set forth a specific scope of services, rate/amount of compensation, completion date, and other pertinent details of the task being authorized. ARTICLE 3 - COMPENSATION 3.1- GENERAL CITY shall pay CONTRACTOR in accordance with Fee Schedule, Exhibit B, which is attached hereto and incorporated by reference as part of this Contract. For any element of debris management) infrastructure restoration, or other related disaster response worknot specified in the Scope of Work, compensation may be negotiated as a time and material, lump sum, unit price, or not -to -exceed amount for any Task Order to which the Fee Schedule cannot readily be applied. CONTRACTOR shall submit monthly invoices for services rendered. Invoices must reference the Task Order number. Invoices shall include a statement of progress and appropriate audit quality detail to satisfy audit requirements. Payment of CONTRACTOR by CITY is not contingent upon the CITY being reimbursed by any private insurance company, local, state. or federal government agency. Payment to CONTRACTOR will be made for any and all work directed by the CITY. Each individual invoice shall be due and payable thirty (30) days after receipt of correct, fully documented, invoice by the CITY. All invoices shall be delivered to: The City of Tybee Island 403 Butler Boulevard Tybee Island, Georgia 31328-2749 In order for both parties herein to close their books and records, the CONTRACTOR will clearly state "Final Invoice" on the CONTRACTOR'S final/last billing to the CITY. This certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY. . ARTICLE 4 - INSURANCE During the;performance of the services under this Contract, CONTRACTOR shall maintain the following insurance policies, and be written by an insurance company authorized to do business in South Carolina 1. General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence, and with property damage Limits of not less than $1,000,000 for each occurrence. 2. Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident and with property damage limits of not less than $1,000,000 for each accident. 3. Workers' Compensation Insurance in accordance with statutory requirements and Employer's Liability Insurance with limits of not less than $500,000 for each accident, $500,000 for each disease, and $500,000 aggregate. 4. Excess Liability Insurance with limits of not less than $10,000,000 for each occurrence and annual aggregate. Deductible amounts shall not exceed 5% of the total amount of required insurance in each category. Should any policy contain any unusual exclusion, said exclusions shall be so indicated on the certificate(s) of insurance. CONTRACTOR shall furnish CITY certificates of insurance that shall include a provision that policy cancellation; non -renewal or reduction of coverage will not be effective until at least ninety (90) days written notice has been made to the CITY. CONTRACTOR shall include CITY as an additional insured on the General Liability and Automobile Liability insurance policy required by the Contract. All of CONTRACTOR'S sub -contractors shall be required to include CITY and CONTRACTOR as additional insured on their General Liability insurance policies. In the event that sub -contractors used by the CONTRACTOR do not have insurance, or do not meet the insurance limits, CONTRACTOR shall indemnify and hold harmless the CITY for any claim in excess of the sub -contractor's insurance coverage. The CON TRACTOR shall not commence work under this Contract until all insurance required as stated herein has been obtained and such insurance has been approved by the CITY. ARTICLE 5 - STANDARD OF CARE CONTRACTOR shall exercise the same degree of care, skill, and diligence in the .performance of the services as is ordinarily provided by a comparable professional under similar circumstances and( CONTRACTOR shall, at no additional cost to CITY, re -perform: services which fail to satisfythe foregoing standard of care. The CONTRACTOR warrants that skilled and competent personnel, utilizing the highest professional standards in the field, shall perform all services. ARTICLE 6 - INDEMNIFICATION 6.1 GENERAL Having considered the risks and potential liabilities that may exist during the performance of the services and in consideration of the promises included herein, CITY and CONTRACTOR agree to allocate such liabilities in accordance with this Article 6. 6.2 INDEMNIFICATION CONTRACTOR agrees to protect, defend, indemnify, and hold harmless the CITY, its employees and representatives, from any and all claims and liabilities including all attorney's fees and court costs, including appeals, for which the CITY, its employees and representatives, can or may be held liable as a result of injury (including death) to persons or damage to property occurring by reason of any acts or omissions of the CONTRACTOR, its employees, or agents, arising out of or connected with this( Contract. The CONTRACTOR shall not be required to indemnify the CITY or its agents, employees, or representatives, when an occurrence results solely from the wrongful acts or omissions of the CITY, or its agents, employees or representatives. 63 SURVIVAL Upon completion of all services, obligations and duties provided for in this Contract, or in the event of' termination of this Contract for any reason, the terms and conditions of this Article 6 shall survive. ARTICLE 7 - INDEPENDENT CONTRACTOR CONTRACTOR undertakes performance of the services as an independent contractor and shall be wholly responsible for the methods of performance. CITY shall have no right to supervise the methods used, but CITY shall have the right to observe such performance. CONTRACTOR shall work closely with CITY in performing services under this Contract. The CONTRACTOR shall not pledge the CITY'S credit or make it a guarantor of payment of surety for any Contract, debt, obligation, judgment, lien or any form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Contract. CONTRACTOR will take necessary action to insure mechanic's liens are not filed in regard to CITY property. In the event of any such liens, CONTRACTOR will take such steps that are necessary to cause the same to be satisfied within a limited time. - ARTICLE 8 - AUTHORITY TO PRACTICE The CONTRACTOR hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. ARTICLE 9 - COMPLIANCE WITH LAWS In performance of the services, CONTRACTOR will comply with applicable regulatory requirements including federal, state, special district, and local laws, rules, regulations, orders, codes, criteria and standards. ARTICLE 10 - SUB -CONTRACTING The CITY reserves the right to accept the use of a sub -contractor or to reject the selection of a particular sub -contractor and to review the capabilities of any sub -contractor to perform properly under this Contract. Rejection of any sub -contractor will be based on, but not limited to, negative references, t. insufficient resources, or conviction of a Public Entity Crime. If a sub -contractor fails to perform or make progress, as required by this Contract, and it is necessary to replace the sub -contractor to complete the work in a timely fashion, the CONTRACTOR shall promptly do so, subject to acceptance of the new sub -contractor by the CITY. ARTICLE 11- CITY'S RESPONSIBILITIES CITY shall be responsible for providing access to all project sites, and providing information required by CONTRACTOR that is available in the files of the CITY. ARTICLE 12 - TERMINATION OF CONTRACT This Contract may be terminated by the CONTRACTOR upon ninety (90) days prior written notice to the CITY in the event of substantial failure by the CITY to perform in accordance with the terms of the Contract through no fault of the CONTRACTOR. The CONTRACTOR may also terminate this Contract without cause within one hundred twenty (120) days prior written notice to the CITY. The CITY may terminate this Contract with or without cause within one hundred twenty (120) days following upon written notice to the CONTRACTOR. Unless the CONTRACTOR is in breach of this Contract, the CONTRACTOR shall be paid for services rendered to the CITY'S satisfaction through the( date of termination. Afterreceipt of a Termination Notice and except as otherwise directed by the CITY, the CONTRACTOR shall: a. Stop work on the date and to the extent specified. b. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. c. Transfer all work in progress, completed work, and other material related to the terminated work to the CITY. d. Continue and complete all parts of the work that have not been terminated. The CONTRACTOR shall be paid for services actually rendered to the date of termination and for any reasonable costs incurred. ARTICLE 13 - UNCONTROLLABLE FORCES Neither the CITY nor CONTRACTOR shall be considered to be in default of this Contract if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall( mean any event which results in the prevention or delay of performance by a party of its obligations 7 under this Contract and which is beyond the reasonable control of the nonperforming party. it includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions, with the exception of those events that trigger the activation of this Contract. Neither party shall, however, be excused from performance if nonperformance is due to forces which are preventable, removable, or remediable and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Contract. ARTICLE 14 - GOVERNING LAW AND VENUE The laws of the State of Georgia shall govern this Contract. Any and all legal action necessary to enforce the Contract will be held in Chatham County and the Contract will be interpreted according to the laws of Georgia. ARTICLE 15 - NON-DISCRIMINATION The CONTRACTOR warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, gender, age or national origin. ARTICLE 16 - WAIVER A waiver by 'either CITY or CONTRACTOR of any breach of this Contract shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence -of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 17 - SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Contract, or the occurrence of any event rendering any portion or provision of this Contract void, shall in no way affect the validity or enforceability of any other portion or provision of the Contract. Any void provision shall be deemed severed from the Contract and the balance of the Contract shall be construed and enforced as if the Contract did not contain the particular portion or provision held to be void. The parties further agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 8 The provisions of this section shall not prevent the entire Contract from being void should a provision ( which is of the essence of the Contract be determined to be void ARTICLE 18 - ENTIRETY OF CONTRACT The CITY and the CONTRACTOR agree that this Contract sets forth the entire Contract between the parties, and that there are no promises or understandings other than those stated herein. This Contract supersedes all prior contracts, proposals, representations, negotiations, letters or other communications between the CITY and CONTRACTOR pertaining to the services, whether written or oral. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered except by written instrument executed by the parties hereto. ARTICLE 19 - MODIFICATION The Contract may not be modified unless such modifications are evidenced in writing signed by both CITY and CONTRACTOR Such modifications shall be in the form of a written Amendment executed by both parties. ARTICLE 20 - SUCCESSORS AND ASSIGNS CITY and CONTRACTOR each binds itself and its partners, successors, assigns and legal' xep�esentatives to the other party to this Contract and to the partners, successors, executors, administrators, assigns, and legal representatives. CONTRACTOR shall not assign this Contract without the express written approval of the CITY via executed amendment. ARTICLE 21- TRUTH -IN -NEGOTIATION CER17FICATE Execution of this Contract by the CONTRACTOR shall act as the execution of a truth- in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Contract are accurate, complete, and current as of the date of the Contract. The said rates and costs shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside contractors= The CITY shall exercise its rights under This "Certificate" within one (1) year following payment. ARTICLE 22 - OWNERSHIP OF DOCUMENTS CONTRACTOR shall be required to cooperate with other contractors relative to providing information requested in a timely manner and in the specified form. Any and all documents, records, disks,. original( 9 drawings, or other information shall become the property of the CITY for its use and/or distribution as may be deemed appropriate by the CITY. ARTICLE 23 - ACCESS AND AUDITS CONTRACTOR shall maintain financial and program records to justify all charges and costs incurred in performing the work for at least three (3) years following final payment. The CITY shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal working business hours at the CONTRACTOR'S place of business. ARTICLE 24 - NOTICE Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person or sent by certified mail, postage prepaid as follows: As To CITY The City of Tybee Island 403 Butler Boulevard Tybee Island, Georgia 31328 Attention: City Manager As To CONTRACTOR Phillips & Jordan, Inc. Post Office Drawer 604 Robbinsville, North Carolina 28771 Attention: Contract Administrator Notices shall be effective when received at the addresses as specified above. Either party may make changes in the respective addresses to which such notices are to be directed from time to time by written notice to the other party. Facsimile transmission is acceptable notice effective when received, however, facsimile transmissions received (i.e.; printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next business day. The original of the notice must additionally be mailed as required herein. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of CONTRACTOR and CITY. 10 ARTICLE 25 - CONTRACT ADMINISTRATION Services of CONTRACTOR shall be under the general direction of the City Manager, or other appointed representative, who shall act as the CITY'S representative during the term of the Contract. ARTICLE 26 - CONFIDENTIALITY The CONTRACTOR shall make no reports, information, computer programs, documentation, and/or data given to, or prepared or assembled by the CONTRACTOR under this Contract available to any individual or organization without prior written approval of the CITY. ARTICLE 27 - ESCALATION CLAUSE The CITY acknowledges the fluctuating nature of prices. Therefore, on each annual anniversary date of the Contract, the unit prices may be adjusted upward or downward based on the Consumer Price Index - Urban Wage Earners and Clerical Workers - U.S. City Average — All Items and the average hourly earnings for Production Workers for Services Industries. ARTICLE 28 - TASK ORDER/PERFORMANCE Task Orders shall be executed bilaterally and the scope of services and format of Task Order shall be mutually agreed to by the CONTRACTOR and CITY. Performance will be measured by the metrics established in each Task Order. After 1/3 and again after 2/3 of the stipulated number of days of work in the Task Order have elapsed, the CONTRACTOR(s) shall provide a written progress report to the CITY for review and acceptance. The CITY shall have the right to correct for vendor default or underperformance by any means it deems in its best interest. CONTRACTOR will be required to provide a daily report of quantity of work performed under each Task Order. The daily report shall be submitted by 11:00 a.m. or earlier the following morning. ARTICLE 29 - BONDS The CITY shall retain the option of requiring the CONTRACTOR to post Performance and Payment Bonds in the penal sum of the work to be accomplished as directed in any Task Orders issued. In the event that the CITY does require Performance and Payment Bonds, the cost of the premium charged to the CON TRACTOR by its surety will be reimbursed by the CITY in the full amount of such premiums. 11 The City of T vbee Island lN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: CITY through its Governing Board, signing by and through its City Manager, authorized to execute same by the Governing Board action on the (enter day of month)th day of (enter month), 200(enter year); and Philips & Jordan, Inc. through their respective officers authorized to execute this Agreement. (SEAL) Attest: 54Litif e Corporate Secretary (SEAL) Name: Walter. Parker Title: Mayor Phillips & Jordan; Inc. By: Name: Title: 12 11 eat Ca1/4— £uOLE:1 0Q2_ SST. DICE R_GStODTT t -o9 Exhibit A SCOPE OF WORK SECTION 1 PROJECT DESCRIPTION AND REQUIREMENTS The CONTRACTOR shall remove and lawfully dispose of disaster -generated debris (other than household putrescible garbage) from public property, public rights-of-way, easements, and all other common properties, and setup and operate Temporary Debris Management Sites within Tybee "Island, Ga ° immediately after a hurricane or other disaster. The CONTRACTOR may also be required to assist in removing debris from private properties, remove trees leaning on structures, remove household hazardous wastes, and provide those additional demolition, construction, and reconstruction services as may be necessary to rebuild or restore all of the infrastructure serving the community. The CONTRACTOR shall assemble, direct, and manage a work force that :can, complete all debris management tasks in a maximum of ninety (90) days of activation of the contract. Clearing of `debris from the- roadways within Tybee Island shall be completed within seven (7) days. The duration of effort/completion dates of all tasks will be determined jointly by the CITY, and CONTRACTOR. This determination will be set in writing in the appropriate Task Order(s). c The CON TRACTOR shall collect and maintain audit quality documentation of all work performed. While intended to provide disaster response and recovery operations resulting fromany disaster scenario, the primary focus of this Contract is on the work resulting from, but not limited to, hurricane, earthquake or flood damage to the CITY. SECTION 2 BACKGROUND A. Introduction The CITY'S disaster recovery planning includes considerations for removing and processing the volumes acid -types of debris expected to be generated by a major disaster such as a hurricane and the procedures for disposing of that debris. The planning approach is formulated in part on the concept of strategic pre -positioning of resources necessary for timely, coordinated recovery operations, including removal of debris from public property and right-of-ways throughout the CITY using a combination of county, municipal, CITY, and CONTRACTOR forces. This Contract is a contingency contract that will be activated only in the face of an emergency. As such, no compensation will accrue to the CONTRACTOR unless and until the Contract is activated either in anticipation of a natural disaster or immediately after such disaster. 13 B. Planning Standard for Debris Removal and Disposal The CITY'S goal is to complete the debris removal from public streets, public roads, right-of-ways, and other public and private property within ninety (90) days of activation of the contract. This assumes that the entire area of the CITY will be accessible within that period. Due to the low elevation and potential for flooding, some areas might not be accessible for several weeks after a major natural disaster. If these hindrances occur, the timeframe may be extended by mutual agreement. The duration and completion date of any other related tasks will be determined jointly between the CITY and CONTRACTOR. C. Debris Management The CITY'S Manager or other appointed designee will direct the debris removal and disposal operations. The CONTRACTOR will serve as a General Contractor for the purpose of debris removal and disposal operations, and all other infrastructure restoration or rebuilding services, and will be able to use its own and subcontractor resources to meet the obligations of the Contract. It is anticipated that the CONTRACTOR will use both local and non -local subcontractors. When a major disaster occurs or is imminent, the CITY will contact the CONTRACTOR to advise them of the CITY'S intent to activate the Contract. Debris removal will generally be limited to debris in, upon, or brought to CITY public streets and roads, right-of-ways, municipal properties and facilities, and other CITY sites. The CONTRACTOR will be responsible for determining the method and manner of debris removal and lawful disposal operations. Disposal of debris will be at a lawfully permitted landfill of the CONTRACTORS' selection, or at a Temporary Debris Management Sites identified by the CITY. The CONTRACTOR will be responsible for the lawful disposal of all debris and debris -reduction by-products generated at all Temporary. Debris Management Sites. When a major disaster occurs or is imminent, the CITY will initially send out an Alert to the CONTRACTOR The CONTRACTOR should anticipate receiving the Alert 24 to 72 hours before projected landfall of a hurricane. This Alert will serve to activate the lines of communication between the CONTRACTOR representatives and the CITY. Subsequently, the CITY will issue a call for the CONTRACTOR to send an Operations Manager to the CITY within 24 hours of receiving such call to begin planning for the operations and mobilization of the personnel and equipment necessary to perform the work. The general concept of debris removal operations includes multiple, scheduled passes of each site, location, or right-of-way. This will allow residents to return to their properties and bring debris to the right-of-way as recovery progresses. The CONTRACTOR may also be tasked with removing trees leaning on houses or other structures, rebuild or restore damaged infrastructure, and provide any other disaster response and recovery services as the CITY may direct. The CITY will prescribe the specific schedule to be used after ascertaining the scope and nature of the disaster's impacts. The CITY has identified properties within its geographic boundaries that may be utilized as Temporary Debris Management Sites. Further coordination between the CITY and the CONTRACTOR is required prior to use of any of these sites. Additional Temporary Debris Management Sites will be identified as needed. 14 The CONTRACTOR will operate the Temporary Debris Management Sites and only CONTRACTOR vehicles and others specifically authorized by the CITY will be allowed to use the sites. The CITY may also establish designated portions of the Temporary Debris Management Sites as homeowner drop-off sites. The CONTRACTOR will be responsible for removing all debris from those sites daily: Curbside segregation of debris and disaster generated or disaster related waste is an element of the CITY'S disaster recovery planning. The CONTRACTOR will be required to aid in the segregation and waste stream management processes. Any Household Hazardous Waste (HEW) encountered by the CONTRACTOR may be left co -mingled with mixed construction and demolition debris and removed and disposed of at an appropriately licensed landfill. The following items are considered HEW for the purpose of this Contract: • Used Oil • Batteries • Paint • Aerosol spray cans • Pesticides • Antifreeze • Fluorescent light bulbs • Propane tanks (household size) Commercial and industrial hazardous waste such as chemicals, gas containers, transformers, and any other form of hazardous or toxic matter will be segregated from other debris, collected and disposed by the CONTRACTOR at a landfill duly licensed to accept such materials. Putrescible garbage will be collected by commercial waste banters and is not to be collected or transported by CONTRACTOR forces. SECTION 3 SCOPE OF DEBRIS MANAGEMENT WORK The scope of debris management work under this Contract is divided into three (3) parts. Part 1 is for debris removal and disposal operations. Part 2 is for Temporary Debris Management Site operations. Part 3 is the initial debrisclearance from public streets, public roads, right-of-ways and other public Property- Specific roperty Specific work authorizations by the CITY will be throngh written Task Orders. Task Orders will define the task to be accomplished, location of the work, time flame for completion; rates to be used, etc. Any task with requirements or rates not specifically covered by this Contract will be negotiated. The CITY reserves the right to extend operations on an as -needed basis. 15 The CONTRACTOR shall commence mobilization immediately upon receipt of a Mobilisation Task Order. Mobilization shall be compensated on a lump sum basis, and shall be paid at the rate listed in the Fee Schedule, Part A. Following the completion of all debris management and infrastructure restoration operations assigned to the CONTRACTOR by. the CITY, the CONTRACTOR shall demobili7P and remove all equipment from the CITY and from all Temporary Debris Management Sites operated. Demobili7.ation shall be compensated on a lump sum basis, and shall be paid at the rate listed in the Fee Schedule, Part A. Subsequently, the CITY may issue additional Task Orders to define more precisely any on-going work or to authorize additional work. The CONTRACTOR shall perform in accordance with each Task Order. The CONTRACTOR is authorized to work during daylight hours only, 7 days per week, including holidays, in its debris collection operations. Any deviations from this schedule will require CITY approval. Processing of debris, such as grinding and tanning, at Temporary Debris Management Sites and transfer of processed debris to ultimate disposal sites may be done at other times with prior CITY approval, which will not be unreasonably withheld. The CONTRACTOR must be duly licensed to perform the work in accordance with the State of Georgia and all local governments_ legal requirements. The CITY shall obtain all permits necessary to complete the work. Entry by the CONTRACTOR on private property not owned by CITY for purposes of debris removal and stabilization will require prior execution of a release (Exhibit C). CITY is responsible for obtaining this release and providing an executed copy to the CONTRACTOR prior to commencement of work on private property. Payment for services rendered by the CONTRACTOR on private property will be the responsibility of the individual private property owner. The City Manager or CITY designee will verify the work output reported in the daily operational report. Payments will be made at the unit rates set in the Fee Schedule. Should hourly rates be used to pay for certain equipment then preventative maintenance not in excess of fifteen (15) minutes in a normal workday will be paid for. Preventative maintenance or down time resulting from equipment failure, routine maintenance and fueling that exceeds fifteen (15) minutes will be considered unacceptable work and non-payment of that time will be rounded off to the half hour of all hours where delays occur. Preventative maintenance is defined as the usual field. maintenance to keep equipment in operating condition without the use of extensive shop equipment. Fueling of equipment will be considered as part of preventative maintenance. The CONTRACTOR shall be responsible for correcting any notices of violation issued as a result of the CONTRACTOR'S or any subcontractor's actions or operations during the performance of this Contract. Corrections for any such violations shall be at no additional cost to the CITY. The CONTRACTOR shall conduct the work so as not to interfere with the disaster response and recovery activities of federal, state, local governments or agencies, or of any public utilities or other private contractor(s). 16 Part 1- Debris Removal and Disposal Operations General The purpose of Part 1 of this scope of work is to define the requirements for debris removal and disposal operations after any disaster within the CITY. Services The CONTRACTOR shall provide equipment, operators and laborers for debris removal operations. The CONTRACTOR shall provide all labor and materials necessary to fully operate and maintain (including fuel, oil, grease, and repairs) all equipment under this Contract. All rates include the cost of protective clothing (to include hardhats and steel -toed boots), fringe benefits, hand tools, supervision, transportation and any other costs. The work shall consist of clearing and removing disaster generated debris as directed by the City Manager or other appointed designee. Work may include but is not limited to: • . Clearing: debris from public.roadways,. rights -of -way, and easements • Loading the debris •. Hauling the debris to an approved Temporary Debris Management Site or duly licensed landfill • . Dumping the debris at the Temporary Debris Management Site or at a duly licensed landfill Debris loaded and hauled from the right-of-way to a Temporary Debris Management Site or landfill, or loaded and hauled from a Temporary Debris Management Site to a landfill will be paid based on the price per truck measured cubic yard according to the Fee Schedule, Part A, Item 2.0 and Item 8.0. The CITY will be responsible for all tipping fees at all authorized landfills or final disposal locations utilized by the CONTRACTOR Temporary Debris Management Sites The CONTRACTOR shall use only those Temporary Debris Management Sites designated by the City Manager or CITY designee. Temporary Debris Management Sites will be located in The City of Tybee Island. Equipment All trucks and equipment must be in compliance with all applicable federal, state, and local rules and regulations. Trucks used to haul debris must be capable of rapidly dumping their load without the assistance of other equipment, and be equipped with a tailgate that will effectively contain the debris during transport and that will permit the trucks to be filled to capacity. Cyclone fence may be used as( temporary tailgates if they comply with the following specifications: 17 " Fencing must be permanently attached to one side of the truck bed. " After loading, the fencing must be tied to the other side of the truck bed at two places with heavy gauge wire. " Fencing must extend to the bottom of the bed. " After loading, bottom of fencing shall be tight against the bed of the truck and secured at a minimum of two locations " Solid iron metal bars must be secured to both sidesof the fencing. The CONTRACTOR shall submit to the CITY certifications indicating the type of vehicle, make and model, license plate number, equipment number, and measured maximum volume, in cubic yards, of the load bed of each piece of equipment utilized to haul debris. The measured volume of each piece of equipment shall be calculated from actual internal physical measurement performed and certified by the CONTRACTOR. Maximum volumes may be rounded up to the nearest cubic yard. The reported measured maximum volume of any load bed shall be the same as shown on the signs fixed to each piece of equipment. The CITY reserves the right to re -measure trucks at any time to verify icported capacity. A11 trucks and trailers utilized in hauling debris shall be equipped with a tailgate that will permit the vehicle to be loaded to capacity and effectively contain the debris on the vehicle while hauling. Sideboards, if installed, must be constructed of 2" x 6" boards or greater and may not extend more than 2 -feet above the metal bedsides. Once installed all sideboard extensions must remain in place throughout the operation, or the vehicle must be re -measured and remarked. All extensions to the bed are subject to  {" -- acceptance or rejection by the City Manager or CITY designee. "trucks or equipment that are designated for use under this Contract shall not be used for any other work a -during working hours. The CONIILACTOR shall not solicit work from private citizens. Under no circumstance will the CONTRACTOR mix debris collected for others with debris collected under this Contract in the same truckload. Securing Debris The CONTRACTOR shall be responsible for properly and adequately securing debris on each piece of equipment utilized to haul debris. Prior to leaving the loading site, the CONTRACTOR shall ensure that each load is secure and trimmed so that no debris extends horizontally beyond the bed of the equipment in any direction. All loose debris shall be reasonably compacted during to ding and secured during transport. Tamps or other load coverings shall be provided by the CONTRACTOR when hauling reduction by-products (ash or mulch) to prevent material from being blown from the truck bed Equipment Signage Prior to commencing operations, the CONTRACTOR shall affix to each piece of equipment, signs or markings indicating the CONTRACTORS name and a unique equipment identification number. One sign shall be placed on each side of the equipment. For those trucks, trailers and other equipment intended to haul debris, the maximum volume, in cubic yards, of the load bed shall also be shown. Signs shall be maintained in an easily readable fashion for the duration of the work. Minimum letter size shall be 3" in height. 18 Other Considerations The CON 1ItACTOR shall assign and provide an Operations Manager (OM) to serve as the principal liaison between the City Manager or CITY designee and the CONTRACTOR'S forces. The assigned OM must be knowledgeable of all facets of the CONTRACTOR'S operations and have authority in writing to commit the CONTRACTOR. The OM shall be on call 24 hours per day, seven days per week and shall have electronic linkage capability for transmitting and receiving relevant contractual information and make arrangements for on site accommodations. This linkage shall provide immediate contact via cell phone, Fax towline, and have Internet capabilities. The OM will participate in daily meetings and disaster exercises, functioning as a source to provide essential information. The OM will report to the City Manager or CITY designee. This position will not require constant presence; rather the OM will be required to be capable of communicating with the City Manager or CITY designee within one (1) hour of notification The CONTRACTOR shall be responsible for control of pedestrian and vehicular traffic in the work area. The CONTRACTOR shall supervise and direct the work, using skilled labor and proper equipment for all tasks. Safety of the CONTRACTOR'S personnel and equipment is the responsibility of the CONTRACTOR Additionally, the CON TRACTOR shall pay for all materials, personnel, taxes, and fees necessary to perform under the terms of this Contract. Payment for debris hauled will be based on the quantity of debris hauled in truck measured cubic yards. Debris hauled to a Temporary Debris Management Site or duly licensed landfill will require a validated" load ticket. A CITY Debris Management Site Monitor will give drivers load tickets upon arrival at the\ Temporary Debris Management Site. The quantity of debris hauled will be estimated in percentage of total loaded capacity and extended to record the total estimated cubic yards. The CITY Debris Management Site Monitor will retain two copies of the load ticket and the driver will retain all remaining copies of the load ticket. Debris being hauled to a duly licensed landfill will be paid based on the estimated cubic yards and recorded on an approved load ticket or as otherwise agreed to in individual Task Order. For those loads of debris being hauled from a Temporary Debris Management Site to a duly .licensed landfill, the CITY Disposal Site Monitor will give drivers loads tickets upon departure from the Temporary Debris Management Site. For those loads of debris being taken from Callawassie Island directly to a duly licensed landfill, a CITY Loading Site Monitor will complete a load ticket at the loading site, retain two copies of the load ticket and the driver will retain all remaining copies of the load ticket. Payment will be made against the CONTRACTOR'S invoice once site monitor and contractor load tickets match. Payment for debris hauled will be on a per cubic yard basis at the rate specified in the Fee Schedule, Part A. Part 2 — Temporary Debris Management Site Operations General The purpose of Part 2 of this scope of work is to define the requirements for Temporary Debris Management Site Operations. 19 Services The scope of work consists of two parts. The first part includes site setup/preparation and site closeout/restoration and shall be compensated on a time and materials basis in accordance with the hourly rates provided in the Fee Schedule, Part 13. Site set-up/preparation/closeout/restoration work includes but is not limited to: clearing, stripping, hauling, fill placement, constructing/deconstructing processing pads, lime rock or crushed concrete access roads, sodding, and any other similar activity necessary to make the site usable for its intended purposes and to return the site to its original or improved condition as directed by the CITY: The second part consists of Temporary Debris Management Site operations and material processing and shall be compensated in accordance with the unit prices provided in Fee Schedule, Part A. The CONTRACTOR shall provide equipment, operators, and laborers for Temporary Debris Management Site operations as specified by the pertinent Task Order. Unit prices provided in the Fee Schedule, Part A, include all labor and materials necessary to fully operate and maintain the site and all equipment under this Contract including fuel, oil, grease, repairs, operator, overhead, profit, and insurance. For work performed on a Time and Materials basis, all hourly equipment rates include the cost of the maintenance, fuel, repairs, overhead, profit, insurance, and any other costs associated with the equipment,;including labor and operator, unless labor costs are identified separately in the Task Order. All rates include the cost of protective clothing (to include hardhats and steel -toed boots), fringe benefits, hand tools, supervision, transportation, lodging, meals, and any other costs. The work shall consist of managing the operations of a Temporary Debris Management Site including temporary storage of mixed construction and demolition debris, performing debris reduction by air curtain incineration and or grinding of storm generated debris, Freon management and recycling, animal carcass incineration, and those other activities as may be directed by the City Manager or other appointed designee. Temporary Debris Management Sites may be used for two general purposes: • Reduction of clean woody debris by either burning or grinding, and; • Temporary storage of mixed and Construction and Demolition debris prior to reloading for final transport to a duly licensed landfill selected by the CONTRACTOR The CITY guarantees that one or more Temporary Debris Management Sites will be located within the geographic boundaries of Tybee Island. Locations of all Temporary Debris Management Sites will be provided by CITY. The City Manager or other appointed designee must approve site improvements before work begins and any costs, other than the rates in the Fee Schedule that might have been negotiated under a Task Order shall be documented for payment. 20 Temporary Debris Management Site operations will be compensated on a per cubic yard basis, with the volume in cubic yards as noted on the inbound truck debris load tickets, and at the rate specified in the Fee Schedule, Part A, Item 3.0. Activities to be included are debris acceptance and pile management (movement of stockpiled material to the reduction equipment), the loading of material to be reduced into the reduction equipment, the movement of processed material and/or residues from the reduction equipment, and the stockpiling of processed material and/or residues prior to loading for final disposition. CONTRACTOR site supervision, construction of an Inspection Tower, fire safety, litter control, dust control, maintenance of interior haul roads, segregation of hazardous and toxic materials, all equipment and labor employed in these activities shall be included in this unit price. Vegetative debris volume reduction, by chipping/grinding or air curtain incineration will be compensated on a per cubic yard basis, with the volume as noted on the inbound truck debris load tickets, and at the rates specified in the Fee Schedule, Part A. The City Manager or other appointed designee will provide direction to the CONTRACTOR regarding what percentage or amount of the vegetative debris is to be reduced through grinding and/or chipping and what percentage or amount is to be reduced through air curtain incineration. Reporting The CONTRACTOR shall submit a report to the City Manager or other appointed designee by 11:00 a.m. each business day of the term of the Task Order. Each report shall contain at a minimum, the following information: • Contract Number • Daily and cumulative hours for each piece of equipment, if appropriate • Daily and cumulative hours for personnel, by position, if appropriate • Volumes of debris handled Other Considerations The CONTRACTOR shall supervise and direct the work, using skilled labor and proper equipment for all tasks. Safety of the CONTRACTOR'S personnel and equipment is the responsibility of the CONTRACTOR Additionally, the CONTRACTOR shall pay for all materials, personnel, taxes, and fees necessary to perform under the terms of this Contract. The CONTRACTOR shall be responsible for control of pedestrian and vehicular traffic in the work area. Part 3 - Initial Debris Clearance (for access) from Public Streets, Roads, Rights-of-way and other Public (Common) Property The CITY intends to initiate debris clearance for access with its own forces or under existing contracts between the CITY, local firms, and Chatham County. However, in a significant disaster, these resources may be insufficient to perform the clearance activities in a timely manner and the CONTRACTOR may be directed toperform them. 21 Debris clearance activities will be compensated on a time and material basis using the rates in the Fee Schedule, Part B. SECTION 4 MISCELLANEOUS REQUIREMENTS Temporary Debris Management Site Foreman The CONTRACTOR shall assign a Temporary Debris Management Site foreman whom shall be responsible for management of all operations of the site to include, traffic control, dumping operations, segregation of debris, burning, grinding, and safety. This foreman shall physically be on-site at all times that any operations are taking place. The Debris Management Site foreman will be responsible for monitoring and documenting equipment and labor time and providing the daily operational report to the CONTRACOTR Operations Manager who will in tum provide this information to the City Manager or other appointed designee. Inspection Tower The CONTRACTOR shall construct an inspection tower at each Temporary Debris Management Site. The tower shall be constructed using pressure treated wood or metal scaffolding. The floor elevation of the tower shall be 10 -feet above the existing ground elevation. The floor area shall be a minimum 3' by 6', constructed of 2"x 8" joists, 16" O.C. with 3/4" plywood supported by a minimum of four 6" x 6" posts. A 4 -foot high wall constructed of 2" x 4" studs and'/" plywood shall protect the perimeter of the floor area. The floor area shall be covered with a roof. The roof shall provide a minimum of 6'-6" of headroom below the support beams. Steps with a handrail shall provide access to the tower. The Inspection: Tower shall be firmly anchored to the ground to avoid blow -over in high winds. CONTRACTOR shall be responsible for ensuring that the towers meet or exceed appropriate code requirements. A scissors lift may be used for the first several days of operations, and only until such time as construction of the Inspection Tower is complete. The CONTRACTOR shall provide portable sanitary facilities at each Temporary Debris Management Site. Household Hazardous Waste Containment Area The CONTRACTOR shall construct a hazardous material containment area at each Temporary Debris Management Site. This area shall be 30' x 30'. The perimeter shall be lined with hay bales and staked in place.. The area shall be lined with a heavy gage plastic to provide a waterproof barrier. Additional plastic sufficient to cover the area is required to prevent rain from entering the containment area. Site run-off must be redirected from the containment area by site grading. Freon Management The CONTRACTOR shall be responsible for lawfully removing and recycling all Freon gas that may be contained in any white goods or appliances hauled as debris. Freon removal shall be compensated on a 22 per unit basis, and at the unit price noted in the Fee Schedule, Part A, Item 6.0. Dead Animal Collection and Disposal The CONTRACTOR shall be responsible for collecting dead animal carcasses or dead fish from the ponds as requested by the City Manager or other appointed designee. Such carcasses shall be disposed of by air curtain incineration at the Temporary Debris Management Site. Payment for dead animal collection and disposal shall be made on a per carcass basis, and at the unit price noted in the Fee Schedule, Part A, Item 7.0. Other Infrastructure Restoration Services As may be requested by the CITY, the CONTRACTOR shall perform additional infrastructure restoration services that are within his/her capabilities to perform, either directly or via subcontract. These services may include but are not limited to: • removal of debris from waterways, canals, rivers, creeks, off-road drainage ditches, ponds, and lakes; • restoration of roadways, drainage structures, boat docks and piers, potable water, sanitary sewer, and storm sewer systems; • providing temporary office trailers and mobile command and communication facilities; • levee and causeway reconstruction; • golf course restoration; • removal of hazardous stumps; • screening of debris from beach sand; • demolition of unsafe structures. Compensation and time schedules for completion of these additional services will be negotiated between the CITY and the CONTRACTOR based on the hourly rates listed in the Fee Schedule, Part B. 23 f FEE SCHEDULE — PART A: UNIT PRICES Item / Description 1.0 Loading and Hauling Debris from Public Property and Rights -of -Way to a Temporary Debris Staging and Reduction Site 2.0 . Loaning and Hauling Debris from Public Property and Rights -of -Way to a Final Disposal Site 3.0 Management and Operation of a Temporary Debris Staging and Reduction Site 4.0 Debris Reduction by Chipping/Grinding 5.0 Debris Reduction by Burning 6.0 Freon Management and Recycling 7.0 Animal Carcass Collection, Hauling, and Final Disposal 8.0 Loading and Hauling Debris Reduction By -Products to a Final Disposal Site 9.0 Loading and Hauling Household Hazardous Waste to a Final Disposal Site 10.0 Hazardous Stump Removal, Loading and Hauling to a Temporary Debris Staging and Reduction Site A. B. C. D. E. 0 to 1199 inch diameter 12 inch to 23.99 inch diameter 24 inch to 35.99 inch diameter 36 inch to 47.99 inch diameter 48 inch and larger diameter 11.0 Clean, Fill Dirt 12.0 Sand Screening 24 Unit Cubic Yard Unit Price $ 7-50 Cubic Yard $ 10.00 Cubic Yard $ 2.00 Cubic Yard $ 1.90 Cubic Yard $ 2.00 Each $ 200.00 Pound $ 2.00 Cubic Yard $ 14.00 Pound Each Each Each Each Each 3.00 $ 200.00 $ 275.00 $ 400.00 $ 600.00 $ 800.00 Cubic Yard $ 50.00 Cubic Yard $ 8.00 Exhibit B FEE SCHEDULE - PART B: EQUIPMENT AND LABOR RATES Item / Description 1.0 JD 544 Wheel Loader with debris grapple 2.0 JD 644 Wheel Loader with debris grapple 3.0 Extendaboom Forklift with debris grapple 4.0 753 Bobcat Skid Steer Loader with debris grapple 5.0 753 Bobcat Skid Steer Loader with bucket 6.0 753 Bobcat Skid Steer Loader with street sweeper 7.0 30-50 H Farm Tractor with box blade or rake 8.0 2 - 21/2 cu. yd. Articulated Loader with bucket 9.0 3 - 4 cu. yd. Articulated Loader with bucket 10.0 JD 648E Log Skidder, or equivalent 11.0 CAT D4 Dozer 12.0 CAT D5 Dozer 13.0 CAT D6 Dozer 14.0 CAT D7 Dozer 15.0 CAT D8 Dozer 16.0 CAT 125 -140 HP Motor Grader 17.0 JD 690 Trackhoe with debris grapple 18.0 3D 690 Trackhoe with bucket & thumb 19.0 Rubber Tired Excavator with debris grapple 20.0 3D 310 Rubber Tired Backhoe with bucket & hoe 21.0 Rubber Tired Excavator with debris grapple 22.0 210 Prentiss ICnuckleboom with debris grapple 23.0 CAT 623 Self -Loader Scraper 24.0 Hand -Fed Debris Chipper 25.0 300 - 400 HP Tub Grinder 26.0 800 -1,000 HP Tub Grinder 27:0 30 Ton Crane 28.0 50 Ton Crane 29.0 100 Ton Crane (8 hour minimum) 30.0 40 - 60' Bucket Truck 31.0 Greater Than 60' Bucket Truck 32.0 Fuel / Service Truck 33.0 Water Truck 34.0 Portable Light Plant 35.0 Lowboy Trailer with Tractor 36.0 Flatbed Truck 37.0 Pick-up Truck (unmanned) 38.0 Self -Loading Dump Truck with debris grapple 39.0 Single Axle Dump Truck, 5 -12 cu. yd. 40.0 Tandem Axle Dump Truck, 16 - 20 cu. yd. 41.0 Tandem Axle Dump Truck, 21- 30 cu. yd 42.0 • Tandem Axle Dump Truck, 31- 50 cu. yd. 25 Hourly Price $ 95.00 $ 105.00 $ 95.00 $ 70.00 $ 70.00 $ 75.00 $ 70.00 $ 95.00 $ 105.00 $ 115.00 $ 85.00 $ 95.00 $ 110.00 $ 125.00 $ 175.00 $ 95.00 $ 115.00 $ 115.00 $ 125.00 $ 80.00 $ 125.00 $ 175.00 $ 170.00 $ 25.00 $ 450.00 $ 650.00 $ 150.00 $ 300.00 $ 700.00 $ 110.00 $ 135.00 $55.00 $ 45.00 $ 10.00 $ 95.00 $ 40.00 $ 15.00 $ 140.00 $ 50.00 $ 55.00 $ 60.00 $ 70.00 Exhibit 13 FEE SCHEDULE — PART B: HOURLY RATES (continued) Item / Description 410 Tandem Axle Dump Truck, 51— 80 cu. yd. 44.0 Power Screen 45.0 Stacking Conveyor 46.0 Chainsaw (without operator) 47.0 Air Curtain Incinerator, self-contained 48.0 Temporary Office Trailer 49.0 Mobile Command and Communications Trailer 50.0 Laborer, with small hand tools, and Traffic Control Flagperson 51.0 Skilled Sawman 52.0 Crew Foreman with cell phone 53.0 Operations Manager with cell phone 54.0 Tree Climber Hourly Price $ 75.00 $ 150.00 $ 50.00 $ 5.00 $ 90.00 $ 50.00 $ 50.00 $ 30.00 $ 35.00 $ 50.00 $ 65.00 $ 55.00 Exhibit 1 All equipment rates include the cost of the operator, fuel, and maintenance. All labor rates include the cost of personal protective equipment, including but not limited to: hardhat, traffic safety vest, steel -toed shoes, gloves, leggings, and protective eyewear. 26