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APPENDIX
B
EXAMPLE TIME AND MATERIAL CONTRACT FOR DEBRIS REMOVAL
ARTICLE
1:
Agreement Between Parties
This contract is made and entered into
on this the ____ day of – 20___. by and between the city/parish
of_____________________ hereinafter called the ENTITY and
_______________________ hereinafter
called the CONTRACTOR.
ARTICLE
2:
Scope of Work
This contract is issued pursuant to
the Solicitation and Procurement on ___________________ 20 , for the
removal of debris caused by the sudden natural or man-made disaster
of
____________________________to
_______________________________- 20. I is the intent of this
contract to provide equipment and manpower to remove all hazards to
life and property in the affected communities. Clean-up. demolition,
and removal will be limited to 1) that which is determined to be in
the interest of public safety and 2) that which is considered
essential to the economic recovery of the affected area.
The Work shall consist of the
provision of equipment and labor to clean-up and remove debris as
directed b the ENTITY.
ARTICLE
3:
Schedule of Work
Time is of the essence for this debris
removal contract.
Notice to proceed with the Work: The
Work under this contract will commence on ___________________ 20. The
equipment shall be used for 100 hours. unless the ENTITY initiates
additions or deletions by written change order. Based upon unit
prices of equipment and labor, no minimum or maximum number of hours
is guaranteed.
ARTICLE
4:
Contract Price
The hourly rates for performing the
work stipulated in the contract documents, which have been
transposed from the low bidder’s bid schedule, are as follows:
Equipment/Machine/Operator Mobilization!
Hourly Rate
Demob. Cost
C-10B
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Manufacturer, Model
Total unit rate shall be given which includes maintenance.
fuel, overhead, profit, and any other costs associated with the
equipment.
Estimated Cost per unit of material.
Only actual invoice amounts will be paid.
Labor Man-hours
Protective clothing, fringe benefits, hand tools,
supervision, transportation
and any other costs.
ARTICLE
5:
Payment
The ENTITY shall pay the Contractor
for mobilization and demobilization if the Notice to Proceed is
issued and will pay for only the Time that the equipment and
manpower is actually’ being used in accomplishing the work. The
Contractor shall be paid within 30 days of the receipt of a pay
estimate and verification of work by the inspector.
ARTICLE
6:
Claims
Not Applicable
ARTICLE
7:
Contractor’s Obligations
The Contractor shall supervise
accomplishment of the work effort directed by labor and proper
equipment for all tasks. Safety of the Contractors 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 the contract.
Caution and care must be exercised by
the Contractor not to cause any additional damage to sidewalks,
roads, buildings, and other permanent fixtures.
ARTICLE
8:
Entity’s Obligations
The Entity’s representative(s) shall
furnish all information necessary for commencement of the Work and
direct the Work effort. Costs of construction permits, disposal
sites and authority approvals will be borne by the Entity. A
representative will be designated by the Entity for inspecting the
work and answering on-site
questions. This representative shall furnish the Contractor daily
inspection reports including work accomplished and certification of
hours worked.
The Entity shall designate the public
and private property areas where the work is to be performed. Copies
of complete “Right of Entry” forms, where they are required by
State or local law for private property. shall be furnished to the
Contractor by the Entity. The Entity shall hold-harmless and
C-10B
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indemnify the Contractor and his
employees against any liability for any and all claims, suits,
judgments. and awards alleged to have been caused by services
rendered under this contract for disaster relief work unless such
claims are the result of negligence on the part of the Contractor.
The Entity will terminate the contract
for failure to perform or default by the Contractor.
ARTICLE
9:
Insurance and Bonds
The Contractor shall furnish proof of
Worker’s Compensation Coverage. Automobile Liability Coverage, and
Comprehensive General Liability Insurance (Premises-Operations.
Personal Injury. etc.. as deemed necessary by the Entity.
ARTICLE
10:
Insurance and Bonds
The Contractor shall furnish proof of
Worker’s Compensation Coverage. Automobile Liability Coverage, and
Comprehensive General Liability Insurance (Premises-Operations.
Personal Injury, etc.. as deemed necessary by the Entity).
Surety: The Contractor shall deliver
to the Entity fully executed Performance and Payment Bonds in the
amount of 100% of the contract amount, if required by the
specifications, general or special conditions of the contract. The
Entity will reimburse the Contractor for the costs of the bonds, the
costs of which will be included in the base bid.
ARTICLE
11:
Contractor Qualifications
The Contractor must be duly licensed
in the State per statutory requirements.
THIS CONTRACT IS DULY SIGNED BY ALL
PARTIES HERETO:
Entity (City. County. Town. Etc.)
__________________________________________________________
Seal Contractor (Include Address. City. State
by_________________________________________________
the Principal of the Firm
C-10B
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