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
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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
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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.
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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(
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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.
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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.
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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
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SST. DICE R_GStODTT
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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.
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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.
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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.
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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).
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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
" F e n c i n g m u s t b e p e r m a n e n t l y a t t a c h e d t o o n e s i d e o f t h e t r u c k b e d .
" A f t e r l o a d i n g , t h e f e n c i n g m u s t b e t i e d t o t h e o t h e r s i d e o f t h e t r u c k b e d a t t w o p l a c e s
w i t h h e a v y g a u g e w i r e .
" F e n c i n g m u s t e x t e n d t o t h e b o t t o m o f t h e b e d .
" A f t e r l o a d i n g , b o t t o m o f f e n c i n g s h a l l b e t i g h t a g a i n s t t h e b e d o f t h e t r u c k a n d s e c u r e d a t
a m i n i m u m o f t w o l o c a t i o n s
" S o l i d i r o n m e t a l b a r s m u s t b e s e c u r e d t o b o t h s i d e s o f t h e f e n c i n g .
T h e C O N T R A C T O R s h a l l s u b m i t t o t h e C I T Y c e r t i f i c a t i o n s i n d i c a t i n g t h e t y p e o f v e h i c l e , m a k e a n d
m o d e l , l i c e n s e p l a t e n u m b e r , e q u i p m e n t n u m b e r , a n d m e a s u r e d m a x i m u m v o l u m e , i n c u b i c y a r d s , o f t h e
l o a d b e d o f e a c h p i e c e o f e q u i p m e n t u t i l i z e d t o h a u l d e b r i s . T h e m e a s u r e d v o l u m e o f e a c h p i e c e o f
e q u i p m e n t s h a l l b e c a l c u l a t e d f r o m a c t u a l i n t e r n a l p h y s i c a l m e a s u r e m e n t p e r f o r m e d a n d c e r t i f i e d b y t h e
C O N T R A C T O R . M a x i m u m v o l u m e s m a y b e r o u n d e d u p t o t h e n e a r e s t c u b i c y a r d . T h e r e p o r t e d
m e a s u r e d m a x i m u m v o l u m e o f a n y l o a d b e d s h a l l b e t h e s a m e a s s h o w n o n t h e s i g n s f i x e d t o e a c h p i e c e
o f e q u i p m e n t . T h e C I T Y r e s e r v e s t h e r i g h t t o r e - m e a s u r e t r u c k s a t a n y t i m e t o v e r i f y i c p o r t e d c a p a c i t y .
A 1 1 t r u c k s a n d t r a i l e r s u t i l i z e d i n h a u l i n g d e b r i s s h a l l b e e q u i p p e d w i t h a t a i l g a t e t h a t w i l l p e r m i t t h e
v e h i c l e t o b e l o a d e d t o c a p a c i t y a n d e f f e c t i v e l y c o n t a i n t h e d e b r i s o n t h e v e h i c l e w h i l e h a u l i n g .
S i d e b o a r d s , i f i n s t a l l e d , m u s t b e c o n s t r u c t e d o f 2 "