HomeMy WebLinkAbout47-09 RESOLUTIONRESOLUTION NO. 47-09
A RESOLUTION TO APPROVE A CONTRACT FOR STORM DEBRIS
REMOVAL SERVICES WITH DRC EMERGENCY SERVICES, LLC IN
THE AMOUNT OF $2,419,185.64, PLUS A CONTINGENCY OF $400,000.00
WHEREAS, after the devastating ice storm of January 26-27, 2009, President Obama declared
much of Northwest Arkansas, including the City of Fayetteville a Disaster Area eligible for FEMA
assistance; and
WHEREAS, the amount of downed trees, broken limbs, and other debris throughout Fayetteville
is so massive that Fayetteville's employees and equipment cannot handle the tremendous job of removing
such debris without hiring an independent contractor; and
WHEREAS, the cost of the debris removal will be largely offset by reimbursements from FEMA
and the State of Arkansas; and
WHEREAS, the City of Fayetteville properly solicited Requests For Proposals from independent
contractors desiring to be awarded a Contract for Storm Debris Removal Services; and
WHEREAS, the City's Selection Committee painstakingly reviewed proposals from almost
twenty companies and the selected by use of an approved rating/point system, the applicant/proposal
which was the most qualified, capable, and economical company to pick up, remove and reduce to wood
chips the debris caused by the ice storm.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the
selection of DRC Emergency Services, LLC as the most qualified, capable and economical company to
be awarded the contract for Storm Debris Removal Services.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby awards the
Contract For Storm Debris Removal Services (attached as Exhibit "A") which includes all terms within
the Project Manual, to DRC Emergency Services, LLC in the amount
contingency of $400,000.00.
PASSED and APPROVED this 18th day of February, 2009.
APPROVE
IO ELD JO ,Mayor
ATTEST.
of $2,419,185.64 plus a
By:
SO E. SMITH, City Clerk/Treasurer
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PROJECT MANUAL
RFP 09-04, STORM DEBRIS SERVICES
01
ayetievidle
ARKANSAS
-FAYETTEVILLE, ARKANSAS
PROJECT NUMBER 09009
12 FEBRUARY, 2009
00001.dm
SECTION
TABLE OF CONTENTS
TITLE NO. OF PAGES
00001 Title Pages 2
00010 Table of Contents 2
00020 Request for Proposal 2
00100 Information for Proposers 6
00212 Supplemental Information for Proposers 16
00300 Statement of Disclosure 4
00301 Debarment, Suspension, and Other Responsibility Matters 4
00305 Primary Contacts 4
00310 Proposal 14
00311 Proposer's Statement of Subcontractors 2
00312 Bid Bond 2
00420 Statement of Proposer's Qualifications 26
00500 Agreement Between City of Fayetteville and Contractor 4
00600 Arkansas Statutory Performance and Payment Bond 2
00640 Warranty Bond 2
00700 General Conditions 14
00830 Prevailing Wage Rates — Davis Bacon 6
00840 Notice of Award - Sample 2
00845 Notice to Proceed - Sample 2
00900 Description of Unit Price Schedule Items 2
Appendix A — Example Daily Haul Records 4
Appendix B — Example Load Ticket 4
Appendix C — Example Truck Placard 4
Appendix D — Example Hazardous Stump Worksheet 4
Appendix E — Example Stump Conversion Table 4
0001 0.cloc 1
SECTION 00020
CITY OF FAYETTEVILLE
REQUEST FOR PROPOSAL
RFP 09-04, STORM DEBRIS SERVICES
The City of Fayetteville, Arkansas, invites qualified firms to submit proposals for services
including but not limited to vegetative storm debris removal and tree trimming & removal within
public lands and rights of way, and debris disposal site operations management.
To be considered, proposals must be received at the City Administration Building, City Hall,
Purchasing — Room 306, 113 West Mountain, Fayetteville, Arkansas before Tuesday, February
17, 2009 at 10:00 AM, Central Standard Time. At this time, the names of all proposers shall be
read aloud, however no other information will be provided. No late proposals shall be accepted
or opened.
Proposal forms must be downloaded from the City's web site at
http://www.accessfayetteville.oi:g. All questions regarding the RFP process should be directed to
Andrea Foren at aforen@ci.fayettevillc.ar.us or (479) 575-8220.
Proposers shall be qualified to do business and licensed in accordance with all applicable laws of
federal, state and local governments where the project is located.
Bid security in the form of a certified or bank cashier's check drawn from a bank located within
the State of Arkansas or a Bid Bond in the amount of 5% of Proposal Amount of contract shall
accompany each Proposal in accordance with the Instructions to Proposers. A 100%
performance and payment bond is required after contract award.
Pursuant to Ark. Code Annotated 22-9-203, the City of Fayetteville encourages all qualified
small, minority and women business enterprises to propose and receive contracts for goods,
services, and construction. Also, City of Fayetteville encourages all prospective proposers to
subcontract portions of their contract to qualified small, minority, and -women business
enterprises.
The City of Fayetteville reserves the right to reject any or all proposals and to waive irregularities
therein, and all Proposers shall agree that such rejection shall be without liability on the part of
the City of Fayetteville for any damage or claim brought by any Proposer because of such
rejections, nor shall the Proposers seek any recourse of any kind against the City of Fayetteville
because of such rejections. The filing of any Proposal in response to this invitation shall
constitute an agreement of the Proposer to these conditions.
By: Andrea Foren, Purchasing Agent
00020.doc
SECTION 00100
INFORMATION FOR PROPOSERS
1.) All proposers shall provide copies of references, licenses, and the most recent audited
financial statements plus any interim financial statements available with the proposal.
These documents will not count toward the 20 page proposal limit. The selected
proposer(s) shall provide copies of proof of adequate insurance, and bonding after
contract award.
2.) All proposers shall be in compliance with all Federal, State, and Local requirements and
regulations.
3.) Awarded contractor shall use load ticket requirements to record with specificity (e.g.,
street address) where debris is picked up and the amount picked up, hauled, reduced and
disposed of. Awarded contractor shall provide all documentation and information as
listed in attached sample forms.
4.) All payment provisions in proposal form and invoicing shall be based on unit prices, on a
per cubic yard basis.
5.) No payments or bids may be based on time and material costs.
6.) Awarded contractor(s) shall submit invoices regularly and for no more than thirty (30)
day periods. Invoices shall be submitted for each calendar n-ionth and shall be submitted
no later than the 10th of the following month.
7.) Contract(s) resulting from this bidding document may be terminated for convenience at
any time for any reason.
8.) Contractor may subcontract out and limit use of subcontractors to ONLY those approved
by the City of Fayetteville. No contractor shall subcontract greater than forty percent
(40%) of work assigned under any contract issued from this request for proposal.
9.) Aw'arded contractor shall use mechanical equipment to load and reasonably compact
debris into the trucks and trailers.
10.) Awarded contractor shall provide a safe working environment, including properly
constructed monitoring towers.
11.) All contract amendments and modifications shall be made in writing and properly
approved by the City of Fayetteville Mayor and City Council.
12.) Awarded contractor shall obtain adequate payment and performance bonds and insurance
coverage as described in this document.
00100.doc 1
13.) A 5% bid bond shall be submitted with all proposals. Bid bond percentage shall be
figured on total amount of work proposed. After contract award, contractor shall provide
the following:
a. Adequate Certificate of Insurance, listing the City of Fayetteville as an additional
insured
b. 100% performance and payment bond based on awarded contract dollar amount
from the City of Fayetteville.
14.) No Proposer shall claim to be "FEMA Certified". FEMA does not certify, credential, or
recommend debris contractors.
15.) No separate line items, for invoicing, payment, and bidding shall be allowed for stumps
24 inches and smaller in diameter; these shall be treated as normal debris.
16.) No contractor or bidder shall make eligibility determinations in relation to FEMA; only
FEMA has appropriate authority.
17.) This contract and bid shall not be used to "piggy back" with any entity as piggybacking
may jeopardize FEMA fimding.
18.) Proposals shall be received at the address listed below and are due by Tuesday, February
17th, 2009 before 10:00 AM, Central Standard Time:
City of Fayetteville
Attention: Andrea Foren — Room 306
113 W. Mountain
Fayetteville, AR 72701
19.) It is the responsibility of the Proposer to have its sealed proposal at the Purchasing Office
prior to the date and time of opening. No late proposals will be accepted. Proposals
received after the scheduled proposal deadline will remain unopened and will not be
considered.
20.) The City of Fayetteville reserves the right to reject any or all proposals, waive formalities
and make the award based on the best interest of the City.
21.) It shall be clearly understood that any costs incurred by the Proposer in responding to this
request for proposal is at the Proposer's own risk and expense as a cost of doing business.
The City of Fayetteville shall not be liable for reimbursement to the Proposer for any
expense so incurred, regardless of whether or not the proposal is accepted.
22.) Any inquiries or requests for explanation in regard to the City's requirements should be
made promptly to Andrea Foren, City of Fayetteville, Purchasing Agent via e-mail
00 100.doc 2
(aforen(cilayetteville.ar.us) or telephone (479.575.8220). No oral interpretation or
clarifications will be given as to the meaning of any part of this request for proposal. AII
questions, clarifications, and requests, together with answers, if any, will be provided to
all firms via written addendum. Names of firms submitting any questions, clarifications,
or requests will not be disclosed until after a contract is in place.
23.) Any conditions or expectations on the part of the Proposer for performance by the City
must be set forth in the proposal. The City is not obligated to consider the Proposer's post
submittal terms and conditions.
24.) At the discretion of the City, one or more firms may be asked for more detailed
information before final ranking of the firms, which may also include oral interviews.
NOTE: Each proposer shall submit the City a primary contact name, e-mail
address, and phone number (preferably a cell phone number) where the City
selection committee can call for clarification or interview via telephone. THIS
INFORMATION SHALL BE PROVIDED ON THE ATTACHED FORM TITLED
"PROPOSER PRIMARY CONTACT INFORMATION". Proposer's primary
contact shall be available for phone and e-mail clarification from the hours of
8:00AM to 8:00 PM for the following dates: Monday, February 16, 2009, Tuesday,
February 17, 2009, Wednesday, February 18, 2009, Thursday, February 19, 2009,
Friday, February 20, 2009.
25.) The City will not be responsible for misdirected proposals. Proposer should call the
Purchasing Office at (479) 575-8220 to insure receipt of their proposal documents prior
to opening time and date listed above.
26.) Any information provided herein is intended to assist the Proposer in the preparation of
proposals necessary to properly respond to this RFP. The RFP is designed to provide
qualified Proposers with sufficient basic information to submit proposals meeting
minimum specifications and test requirements, but is not intended to limit a RFP's
content or to exclude any relevant or essential data.
27.) The RFP and any addenda issued may be obtained from at www.accessfavetteville.org
and clicking "Bids, RFP's and RFQ's" then selecting the tab titled "RFP's". Proposers are
at liberty and are encouraged to expand upon the details, qualifications and proposals to
give additional evidence of their ability to perform and provide a system as described in
this RFP. All updates and changes to the REP will be posted on the website and Proposers
are encouraged to check daily for new information or updates. Each Proposer is required
before submitting a proposal to be thoroughly familiar with the requirements and
specifications listed in this RFP. Additional allowances will not be made due to
Proposers' lack of knowledge relating to the terms, conditions and specifications
contained within this RFP. It is the responsibility of the Proposer to determine if any
component(s) of this specification do not meet the required standards of applicable
federal, local, state law or specifications.
00 I 00.doc 3
28.) The proposal must contain the signature of a duly authorized officer or agent of the
Proposer's company empowered with the right to bind and negotiate on behalf of the
Proposer for the amounts and terms proposed.
29.) ***The Proposer is required to submit one (1) original and eight (8) copies of the
proposal. In addition, one (1) electronic copy of all submitted documents shall be
submitted on a properly labeled CD. The use of Adobe (PDF) is highly recommended but
not mandatory. All electronic copies shall be compatible with Adobe and Microsoft
Windows applications.
30.) It is intended that the all documents pertaining to this request for proposal shall define and
describe the complete services to which they relate.
31.) The Proposer is advised to examine all documents and current parameters of the services in
becoming fully informed as to their conditions. This includes the conformity with specific
standards and the character, quality and quantity of the reports and services required.
Failure to examine these areas will not relieve the successful Proposer of his obligation to
furnish all deliverables and services necessary to carry out the provisions •of the contract.
32.) The City of Fayetteville will consider the degree to which each Proposer has submitted a
complete proposal without irregularities, excisions, special conditions, or alternative
proposals for any item unless specifically requested in the RFP.
33.) Proposers irrevocably consent that any legal action or proceeding against it under, arising
out of or in any manner relating to this Contract shall be prevailed by Arkansas law.
Proposer hereby expressly and irrevocably waives any claim or defense in any said action or
proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis.
34.) The successful Proposer shall not assign the whole or any part of this Contract or any
monies due or to become due hereunder without written consent of City of Fayetteville. In
case the successful Proposer assigns all or any part of any monies due or to become due
under this Contract, the Instrument of assignment shall contain a clause substantially to the
effe,ct that is agreed that the right of the assignee in and to any monies due or to become due
to the successful Proposer shall be subject to prior liens of all persons, firms, and
corporations for services rendered or materials supplied for the performance of the services
called for in this contract.
35.) The successful Proposer's attention is directed to the fact that all applicable Federal and
State laws, municipal ordinances, and the rules and regulations of all authorities having
jurisdiction over the services shall apply to the contract throughout, and they will be deemed
to be included in the contract as though written out in full herein. The successful Proposer
shall keep hirnself/herself fully informed of all laws, ordinances and regulations of the
Federal, State, County, and municipal governments or authorities in any manner affecting
those engaged or employed in providing these services or in any way affecting the conduct
of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or
00100.doc 4
authority over same. If any discrepancy or inconsistency should be discovered in these
Conn -act Documents or in the specifications herein referred to, in relation to any such law,
ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City
of Fayetteville.
36.) Proposer shall at all times observe and comply with all such existing and future laws,
ordinances and regulations, and shall protect and indemnify City of Fayetteville and its
agents against the violation of any such law, ordinance, regulation, order or decree, whether
by himself/herself or by his/her employees. Licenses of a temporary nature, necessary for
the prosecution of the services shall be secured and paid for by the successful Proposer.
37.) All work resulting in this contract shall be completed within one hundred twenty (120) days
for debris removal and one hundred sixty (160) days for debris collection site closure from
date of notice to proceed.
38.) The City of Fayetteville reserves the right to deviate from estimated quantities presented on
these forms.
39.) Several sample forms are attached. Awarded Contractor agrees to use these forms or any
other form as instructed by the City to assure proper and adequate documentation, security,
etc.
40.) Awarded Contractor shall submit a safety action plan covering all aspects of the contractor's
operations at thc same time Contractor subrnits bonding and insurance documents.
The City will utilize the Professional Services Selection Policy & Procedure of the City (PLJ-13)
to select the contractor(s). A professional selection committee will select the most qualified firm
for the job by grading the firms based on the following percentage point structure:
1.) Qualifications in relation to scope of work --- 25%
2.) Experience, competence, & capacity for perforrnance = 25%
3.) Proposed method of doing work = 1 5%
4.) Past performance = 15%
5.) Price = 20%
The submitted proposals will be reviewed by a Professional Selection Committee. The
Committee will make a recommendation to the Fayetteville City Council for the selected
contractor or contractors. The selected contractor(s) will be expected to enter into a contract with
the appropriate engagement provisions.
Other Considerations & Reservations:
1. All proposals should be concise and limited to 20 pages of written text, with an appendix
listing past projects (which will not count toward 20 page limit). Proposers shall also
submit all required documents, as instructed in this RFP.
001 00.doc 5
Section 00300 — Statement of Disclosure
Section 00301 Debarment, Suspension, and Other Responsibility Matters
Section 00305 — Primary Contacts
Section 00310 — Proposal
Section 00311 — Proposer's Statement of Subcontractors
Section 00312 — Bid Bond
Section 00420 Statement of Proposer's Qualifications
These documents do not count towards the 20 page limit. All Proposers should include a
3 page maximum executive summary. The executive summary does not count toward the
20 page limit.
2. All proposals shall disclose any involvement in current litigation on any aspect of work
described in this document. Failure to do so would serve as grounds for severing any
contractual relationship.
END OF SECTION 00100
00100.doc 6
SECTION 00212
SUPPLEMENTAL INFORMATION FOR PROPOSERS
1.0 GENERAL
The purpose of this contract is for vegetative storm debris removal and tree trimming &
removal within public lands and rights of way (ROW), and debris disposal site operations
management.
2.0 GENERAL SCOPE OF SERVICES
2.1. The Contractor shall provide for debris removal and disposal of all eligible debris from
the City of Fayetteville ROW and other described locations_
2.2. The debris shall be taken to the approved dumpsites as indicated. AU necessary permits
shall be obtained by the Contractor.
2.3. The estimated amount of debris to be removed under this contract is shown on the
individual bid schedules, but not guaranteed. The unit price on the individual bid
schedules will be used for payment.
2.4. The Contractor shall document the current conditions of all roadways, sidewalks and all
structures to remain in the debris removal area. in addition, all roadways along the haul
routes shall be documented. A representative of the City of Fayetteville or designee shall
be present during this inspection. The Contractor shall provide photographic and/or
video documentation. The documentation shall be submitted to the City of Fayetteville
prior to beginning the work.
2.5. Haul and Dispose. The work shall consist of clearing, separating, and removing any and
all eligible debris (see definitions of eligible debris) from public property only, including
ROW of streets and roads. Work shall include: 1) examining and sorting debris to
determine whether or not debris is eligible; 2) loading and sorting the debris; 3) hauling
the eligible debris to the approved dumpsites. ineligible debris shall not be loaded,
hauled, or dumped under this contract. The Contractor is liable for all ineligible debris
handled during the life of this contract. The City of Fayetteville designee shall be
immediately notified of any ineligible debris placed at the right of way for collection.
2.6. No debris shall be burned under this contract.
2.7. The Contractor shall make a maximum of three (3) passes with a minimum of one
weekend between each pass. The contractor shall not move from one designated work
area to another designated work area without prior approval from the City of Fayetteville
designee.
002 1 2.doc
2.8. Any eligible debris, such as fallen trees, which extend onto the public ROW from private
property, shall be cut at the point where it enters the ROW. Only that part of the debris
that lies within the ROW shall be removed. Hazardous limbs are considered eligible
debris and are defined as limbs greater than two inches in diameter that are still hanging
in the tree and are threatening a public use area, such as a trail, sidewalk, road, etc. Holes
present as a result of uprooted trees in the public ROW shall be filled to ground level.
The Contractor shall not enter onto private property during the performance of this
contract. The Contractor shall not cut down or trim any trees that have not been Marked
by the Urban Forestry Services or requested by the City of Fayetteville or its designated
representative
2.9. Tree Trimming and Cutting
2.9.1 No tree trimming and cutting can be performed until authorized in writing by the City of
Fayetteville. Any individuals trimming or cutting trees must first obtain City of
Fayetteville Arborist Certification.
2.10. Contractors shall note that much of the project will occur in residential areas. The
contractors should exercise due care to minimize any damages to trees, shrubs,
landscaping and general property. The Contractor shall repair any damages caused by the
Contractor's equipment in a timely manner at no expense to the City of Fayetteville. The
debris work area shall be left clear of debris and cleaned, as reasonably and practical
under the conditions of this project.
2.11. The Contractor shall use equipment and perform work in a manner to prevent damages to
the City of Fayetteville's infrastructure facilities and adjacent ROW's, including all
landscaped areas. The Contractor shall repair any damages caused by the Contractor's
equipment in a timely manner at no expense to the City of Fayetteville. All equipment
shall be approved by the City of Fayetteville prior to use. All loading equipment is
required to operate from the street/road using buckets and/or boom and grapple devices to
remove and load the debris. Any damage to private property, sidewalks, curbs, or streets
shall be repaired at the expense of the contractor.
2.12. The Contractor shall conduct the work so as not to interfere with the disaster response
and recovery activities of federal, state, and local governments or agencies, or of any
public utilities.
2.13. Thc City of Fayetteville and its contracting agents reserve the right to inspect the site,
verify quantities and review operations at any time.
2.14. All work shall be accomplished in a safe manner in accordance with City of Fayetteville
and OSHA standards.
002 i 2.doe 2
3.0 LOAD TICKETS
3.1. Load Tickets shall be used for recording the cubic yard volume of debris removed for
disposal. The Contractor shall provide all load tickets to the City of Fayetteville. A copy
of the load ticket to be used by the contractor shall be submitted for City of Fayetteville
approval prior to beginning work. The load ticket numbers shall be sequentially
numbered. The load tickets shall be a minimum of four -parts. A sample load ticket is
included as an attachment.
3.2. Each ticket shall contain the following information:
• Ticket Number
• Contract Number
• Contractor Name
• Date
• Truck or Roll -off Number
• Truck Capacity
• Point of Debris Collection
• Loading Departure Time
• Dump Arrival Time
• Percent of Load
• Actual Debris Volume
• Debris Eligibility (Y/N)
3.3 A minimum four-part load ticket will be issued by a City monitor prior to transport of the
debris from the loading site. The entire four-part load ticket is given to the vehicle
operator. Upon arrival at the dumpsite, the vehicle operator will give the entire four-part
load ticket to the City monitor. The City monitor will verify the hauler and equipment
and establish a percent of truck capacity of the eligible cubic yardage of debris load.
After documenting percentage to the nearest 5%, the City monitor will calculate the
actual cubic yardage of the load. The actual cubic yard will be recorded on the load ticket
by the City monitor to the nearest cubic yard. The City monitor will document the data
on the load ticket. The City monitor will give one copy to the vehicle operator. One
copy is then given to the contractor, the original is kept by the City monitor and the fourth
copy will be for FEMA. The load tickets shall be submitted with the daily operational
report.
4.0 DEBRIS CLASSIFICATION
4.1 Eligible Debris. Eligible debris is considered all storm related vegetative debris which is
located within the public right of way and City owned property and defined below.
4.2 Stumps: The removal and disposal of all stumps shall be paid on the cubic yard basis,
regardless or size or whether or not the stumps require extraction by the contractor.
Stumps 24" or larger hauled separate from other debris shall be individually measured
002 I 2.doc 3
and converted to cubic yards using an approved conversion table to be provided by the
City's representative. Uprooted stumps with an exposed root ball on improved public
property or ROW 24" or larger that create an immediate threat to life, public health, and
safety which have to be extracted by mechanical means maybe addressed on a case by
case basis by the City after FEMA approval. Stumps not approved in advance by FE1V1A
shall be paid for on a cubic yard basis.
4.3 Debris: Only storm related vegetative debris including trees, limbs, trunks, and stumps
shall be collected under this contract No other materials of any type shall be collected.
5.0 PERFORMANCE SCHEDULE
5.1. The Contractor shall commence performance within twenty-four (24) hours of receipt of
notice to proceed.
5.2. Prior to commencing debris removal operations a contractor shall, at the City of
Fayetteville's direction, provide a work plan showing where operations will begin and
which streets/roads, parks, and other areas will be cleared on a 7 and 14 day projection.
The plan shall be updated daily and provided to the City weekly basis, no later than noon
Wednesday.
5.3. The Contractor will be required to work, at a minimum, a ten (10) hour day, seven (7)
days a week during the first pass removal phase. The Contractor will be required to
work, at a minimum, a ten (10) hour day six (6) days a week during the remaining debris
removal passes. The City of Fayetteville reserves the right to extend or reduce the hours
and days of operation during the contract period. All activity associated with debris
operations shall be performed during daylight hours. The contractor may work 7 days
per week including holidays or as directed by City of Fayetteville. The Contractor may
work more than ten (10) hours per day if approved, provided all work is performed
during daylight hours. Debris site operations at the two approved debris disposal sites
may operate longer hours and during darkness upon written approval from the City of
Fayetteville.
5.4. Maximum allowable time for completion shall be one hundred twenty (120) calendar
days for all debris removal, and one hundred sixty (160) calendar days for closure of
disposal sites, unless the City of Fayetteville initiates additions or deletions to the
contract by written change order. Both parties pursuant to applicable city, county, state
and federal law will equitably negotiate subsequent changes in cost and completion time.
5.5. Liquidated damages shall be assessed at a rate of $2,000 per calendar day per quadrant in
which the contractor is removing and disposing of debris.
5.6. The Contractor shall be responsible for repairing all damages as a result of negligence.
The Contractor shall be responsible for tilling to grade with like material all surface
damage, such as rutting and pavement damage, caused by the Contractor's equipment
002 I 2.doc 4
during debris removal. The contractor shall repair all damage to existing grade, road
shoulders, sidewalks, drainage structures, trees, shrubs, grassed areas, etc., caused by the
Contractor's equipment and personnel. The Contractor shall preserve and protect all
existing structures, infrastructures, vegetation, etc., on or adjacent to the area of work.
The Contractor shall repair or replace with like materials all damaged mail boxes on the
same day which the damage occurred. The contractor shall contact the person(s) making
claims regarding damages within two (2) days of receiving said claim. The Contractor
shall provide the City with a weekly report outlining the status of all damage concerns
and claims.
6.0 EQUIPMENT
6.1. All tucks and other equipment must be in compliance with all applicable federal, state,
and local rules and regulations. All trucks and other equipment shall be equipped with
back up alarms. Any truck used to haul debris must be capable of rapidly dumping its
load without the assistance of other equipment. Sideboards or other extensions to the
bed are allowable provided they meet all applicable rules and regulations, cover the front
and both sides, and are constructed in a manner to withstand severe operating conditions.
The sideboards are to be constructed of 2" by 6" boards or greater and shall not to
extend more than two feet above the metal bedsides. All extensions are subject to
acceptance or rejection by the City of Fayetteville. The contractor shall provide means
to rapidly unload any trailer that does not have a means for dumping. All trailers shalt
have a metal -framed exterior and a minimum of 5/8" plywood (not wafer board) interior
walls. All equipment used -to haul debris shall be equipped with a tailgate that will
effectively contain the debris during transport and permit the truck to be filled to
capacity. Plastic webbing is not acceptable for a tailgate. All hauling equipment shall
be measured and marked for its load capacity. The Contractor is responsible for
ensuring all loading and transport equipment complies with state and local laws. The
Contractor shall inspect all equipment prior to use. The City of Fayetteville will provide
a form for this purpose.
6.2. Trucks and other heavy equipment designated for use under this contract shall be
equipped with two signs, one attached to each side. These signs shall be furnished by the
Contractor. The signs shall be approved by the City of Fayetteville. Magnetic signs are
not permitted. The signs shall contain the following information:
• Company Name
• Truck Number
• Cubic Yardage with or without sideboards
• Inspector's Name and Date
An example sign is included as an attachment.
6.3. Prior to commencing debris removal operations, the Contractor shall present to the City
of Fayetteville all trucks, trailers, or containers that will be used for hauling debris. Each
truck or trailer will be measured to determine the load capacity. Each truck or trailer shall
002 1 2.doc 5
be numbered and clearly display the load capacity for identification with a permanent
marking. The City of Fayetteville or its designee may, at any time, request that the trucks
be re -measured. The Contractor shall notify the City of Fayetteville each time a new
truck, trailer or container is to be used under this contract. No capacity can exceed 100%
of the measured volume.
6.4. Trucks or equipment which are designated for use under this contract, shall not be used
for any other work during the working hours of this contract. The Contractor shall not
solicit work from private citizens or others to be performed in the designated work area
during the period of this contract. Under no circumstances will the Contractor mix debris
hauled for others with debris hauled under this contract.
6.5. Loading equipment used under this contract shall be rubber tired and sized properly to fit
loading conditions. Excessive size loading equipment (6 CY and up) and non -rubber
tired equipment must be approved by the City of Fayetteville.
6.6. Contractors who are responsible for an operating quadrant which contain a City of
Fayetteville disposal site are responsible for all operations of said disposal site, to include
but not limited to:
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6.6.1. chipping all eligible debris;
6.6.2. traffic control, dust control, erosion control, fire protection, on-site roadway maintenance,
stormwater management, and security and safety measures;
6.6.3. internal road network to allow for separate ingress and egress from the site;
6.6.4. 'site management with a full time dedicated project manager on site;
6.6.5. The Contractor shall manage the site to accept debris collected under other contracts if
authorized by the City, and the Contractor will not be paid for debris delivered to the
debris site that was brought in by others. The Contractor shall manage the site to accept
debris brought to the debris site by private Citizens, other City departments, volunteers
and others if authorized by the City. The Contractor will not be paid for hauling costs for
debris delivered to the debris site by others. The contractor will NOT accept any debris
brought to the debris site by private Commercial businesses that do not have contracts
with the City. The Contractor shall direct traffic entering and leaving the site, and shall
direct dumping operations at the site. The contractor will maintain all of the required
documentation required under this contract for others with City Contracts, Citizens,
volunteers, other City Departments, other governmental agencies and jurisdictions, and
other approved City groups. Debris delivered to this site by Citizens, volunteers, other
City Departments, other governmental agencies and jurisdictions, and other approved
City groups shall be separated into separate piles that cannot be merged. The Contractor
will be paid for reduction and disposal, as required under this contract, for debris brought
to the debris site and for unchipped debris already located at the debris site;
6.6.6. Restoring the site to natural vegetative conditions.
6.7. The Contractor responsible for disposal site operation shall provide an inspection tower at
each dumpsite. This tower shall be constructed such that the City of Fayetteville monitor
can see the bed when empty and to fully view the debris load (at least 10 feet above the
existing ground surface), establishing the volume. The inspection tower shall be
constructed to meet all local, state and federal safety requirements. The tower shall be
constructed using pressure treated wood. The floor area shall be 8' by 8', constructed of
2" x 8" joists, 16" O.C. with 'A" plywood supported by four 6" x 6" posts. The perimeter
of the floor area shall be protected by a 4 foot high wall constnictcd of 2" x 4" studs and
1/2" plywood. The floor area shall be covered with a corrugated tin roof. The roof shall
provide a minimum of 6'-6" of head room below the support beams. Access shall be
provided by wooden steps with a hand rail. The towers shall include a writing surface
area. The contractor may provide a mechanical lift to be used in place of the constructed
tower. The Contractor shall remove and dispose of the inspection towers following
completion of the debris removal at the direction of the City of Fayetteville. The
contractor shall provide portable restroom facilities at all dump sites.
6.8. All debris shall be mechanically loaded and reasonably compacted.
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7.0 REPORTING
7.1. The Contractor shall submit a report to the City of Fayetteville each day for the term of
the contract. A sample daily haul record is attached. Each report shall contain, at a
minimum, the following information:
• Contractor's Name
• Contract Number
• Truck Number
• Location of work
• Day of Report
• Daily and cumulative totals of debris removed, by category
7.2. Discrepancies between the daily operational report and the corresponding load tickets
shall be reconciled no later than the following day.
7.3. The Contractor shall provide the City with a weekly report outlining the status of all
damage concerns and claims.
8.0 OTHER CONSIDERATIONS
8.1. The Contractor shall supervise and direct the work, using skillful 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.
8.2. The Contractor shall be duly licensed in accordance with city, state, and county statutory
requirements to perform the work.
8.3. The Contractor shall be responsible for taking corrective action in response to any notices
of violations 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 of Fayetteville.
8.4. The Contractor shall be responsible for control of pedestrian and vehicular traffic in the
work area. The Contractor shall provide all flag persons, signs, equipment, and other
devices necessary to meet federal, state, and local requirements. The traffic control
personnel and equipment shall be in addition to the personnel and equipment required in
other parts of this contract. At a minimum, one flag person should be posted at each
approach to the work area. Work shall be accomplished in a safe manner in accordance
with City of Fayetteville and OSHA standards.
8.5. The Contractor is responsible for obtaining all applicable environmental and regulatory
permits prior to the Contractor commencing operations.
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8.6. The Contractor is responsible for dust control. The Contractor shall be in compliance
with all state and local requirements for dust control.
8.7. The City of Fayetteville may suspend contractor operations due to inclement weather.
The performance period may be extended for weather delays.
8.8. The Contractor shall employ as many local residents and subcontractors as possible as
part of this contract.
9.0 FINAL DISPOSITION
All vegetative debris is to be ground to wood chips. Final disposition of these Chips is
not known at this time.
10.0 MEASUREMENT
Measurement for all debris removed shall be as shown on the Proposal.
11.0 BONDING AND INSURANCE
11.1. Prior to signing of contract, Contractor agrees to furnish the City of Fayetteville with all
applicable certificates of insurance, listing the City of Fayetteville as an additional
insured. Within 24 hours following signing of contract, Contractor shall provide copies
of insurance policies including all endorsements. In addition, a 100% performance and
payment bond equal to the contract amount is required within 24 hours of award of the
contract. The contractor shall be able to cover expenses associated with a major recovery
operation prior to the initial payment and between subsequent payments as well as the
aforementioned bonds and insurance. Contractor mobilization costs will not be paid if
the Contractor is unable to obtain bonding.
11.1.1 Worker's Compensation
A. State: Statutory
13. Applicable Federal: Statutory
C. Employer's Liability: $500,000
11.1.2 Comprehensive General Liability Insurance, includes Completed Operations:
A. Bodily Injury Liability:
$1,000,000 Each Occurrence
$2,000,000 Annual Aggregate
B. Property Damage Liability:
$1,000,000 Each Occurrence
$2,000,000 Annual Aggregate
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11.1.3 Contractual Liability Insurance:
A. Bodily Injury Liability:
$1,000,000 Each Occurrence
$2,000,000 Annual Aggregate
B. Property Damage Liability:
$1,000,000 Each Occurrence
$2,000,000 Annual Aggregate
11.1.4 City of Fayetteville's and Contractor's Protective Liability Insurance:
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A. Bodily Injury Liability:
$1,000,000 Each Occurrence
$2,000,000 Annual Aggregate
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