7-Exhibit A- Scope of Services Vactor Services 7.5.2024 (1) (1).docx

EXHIBIT A

CITY OF DETROIT CONSTRUCTION & DEMOLITION DEPARTMENT

SCOPE OF SERVICES

VACTOR SERVICES

Date: 7/5/2024

I. INTRODUCTION

A. Intent. As directed by the City of Detroit (hereafter “Owner”), this Scope of Services (hereafter “these Services”) is intended provide as needed Vactor drainage cleaning services at various facilities throughout the City of Detroit.

B. Revisions to this Scope of Services. The Owner reserves the right to revise these Services over time to maximize efficiency and to mitigate any potential hazards to public health and safety among plumbing systems across City of Detroit facilities.

C. Clarifications to this Scope of Services. At its sole discretion, the Owner reserves the right to clarify these Services at any time. The Contractor is not entitled to any upward adjustment in price/cost or any additional fee because of any clarifications to these Services by the Owner. The Contractor may be required to deduct costs if the clarification to these Services reduces the work, material, or labor required.

II. GENERAL REQUIREMENTS & PROTOCOLS

A. Project Manager. The Contractor must assign a Project Manager who will serve as the point of contact for the Owner or any enforcement agency or regulatory authority on matters related to these Services. The Project Manager shall have the power and authority to act on behalf of the Contractor on all matters related to the performance and execution of these Services. The Project Manager must be available twenty-four hours per day and seven days per week. If the Project Manager is absent, the Contractor must assign a designee who shall have the same power and authority as the Project Manager for the entire duration of the Project Manager’s absence.

B. Qualified Personnel. The Contractor must assign qualified personnel to perform or execute all aspects of these Services. Personnel must possess all necessary accreditations, licenses, endorsements, or certifications as required by all applicable laws, regulations, rules, or industry standards. Personnel must also possess the necessary experience to execute these Services safely, efficiently, and effectively as required by all applicable laws, regulations, rules, or industry standards or best practices. The Contractor must provide the Owner with copies of the accreditations, licenses, endorsements, certifications, or work history of any person assigned to perform any aspect of these Services upon request.

The Contractor shall provide a minimum of one (I) fully operated and maintained Heavy Industrial vacuum truck, jet/vacuum unit. This shall be a large truck mounted heavy industrial vacuum unit, no older than three (3) years old with; a I0-cubic yard (CY) debris mercury, a 8" vacuum tube capable of dry vacuuming dirt, rocks and various debris, and a jetting unit rated at 120 Gallons Per Minute (GPM) flow rate at 2,000 per square inch (PSI).

C. Professional Conduct. Throughout the execution of these Services, the Contractor must maintain a friendly and professional demeanor whenever interacting with the public, the Owner, or any representative of an enforcement agency or regulatory authority.

D. Responsibility for Sub-contractors. The Contractor is responsible for the work of any sub-contractor who performs or executes any aspect of these Services.

E. Equipment and Materials. The Contractor must provide all necessary equipment and materials to execute these Services safely, efficiently, and effectively. The Contractor must interpret equipment and materials in the broadest sense to include vehicles, trailers, containers, tools, personal protection equipment, and all other equipment or materials to perform or execute these services. Equipment and materials must meet or exceed the requirements set forth in any applicable law, regulation, rule, or industry standard.

The Contractor must use factory new parts and components that free of defects. The Contractor must use parts and components that conform to Original Equipment Manufacturer specifications, where and when applicable. Any substitution must be approved by the Owner prior to installation or delivery. Upon request, the Contractor must provide the Owner or any enforcement agency or regulatory authority with copies of any available documentation on the equipment or materials used in the performance or execution of these Services.

F. Permits. The Contractor must ensure possession of all necessary permits to execute these Services. The Contractor must ensure that all permits are current and valid throughout the performance of any applicable Services. The Contractor must present a copy of any permit to the Owner or any enforcement agency or regulatory authority upon request.

G. Record/Document Creation and Retention. The Contractor must create and/or retain all necessary documents, including photographs, associated with these Services. The Contractor must keep and maintain accurate, complete, and orderly records of all documents associated with these Services for a period of seven (7) years from the date of the last payment under the associated Agreement or assignment of work. The Contractor must provide any documents associated with these Services to the Owner or any enforcement agency or regulatory authority within a reasonable time of request as determined by the requesting party at its sole discretion. The Contractor must ensure that every document is clear and/or legible. If the requesting party determines that any document is unclear or illegible, the Contractor must either provide a clear and/or legible copy of the document or provide a signed attestation of the information contained in the document within a reasonable timeframe as determined by the requesting party at its sole discretion.

H. Reporting and Requests for Inspections. As directed by the Owner, the Contractor must use the designated system(s) to (a) accurately and timely report on planned and actual activities covered under these Services, and (b) request any required inspections.

The Contractor must comply with the most current version of the policy/protocols on data and document reporting or any other such policy/protocols that the Owner may implement during the term of the Agreement.

I. Cooperation, Coordination, and Communication. The Contractor must fully and openly cooperate, coordinate, and communicate with the Owner on all matters related to the performance or execution of these Services, and the Contractor must comply with any direction or guidance provided by the Owner. Communications may include but are not limited to daily or weekly schedules of any activities associated with these Services.

The Contractor must fully and openly cooperate, coordinate, and communicate with any representative of an enforcement agency or regulatory authority with jurisdiction over any aspect of these Services. Unless governed by any applicable confidentiality rules or laws, the Contractor must immediately convey in writing any communication from an enforcement agency or regulatory authority to the Owner. If the communication is governed by any applicable confidentiality rules or laws, then the Contractor must immediately convey that communication when legally permitted to do so.

J. Monitoring, Inspection, and Oversight. The Contractor must allow the Owner or any representative of an enforcement agency or regulatory authority to monitor or inspect all aspects of these Services at any time.

The Owner may stop all work at an assigned site or all assigned sites if the Contractor improperly performs, or is reasonably suspected of improperly performing, any aspect of these Services. The Owner may also stop work at an assigned site or all assigned sites in the interests of public health, safety, or welfare.

The Contractor is not entitled to reimbursement for any additional cost(s) or fee(s) resulting from a work stoppage by the Owner.

K. Compliance with all Applicable Laws, Regulations, Authorities, Rules, and Industry Standards or Best Practices. The Contractor must perform or execute these Services in compliance with all applicable, regulations, authorities, rules and industry standards and best practices. The Contractor must ensure that all assigned personnel possess working knowledge of all applicable federal, state, and local laws, regulations, authorities, rules, and industry standards or best practices.

L. Discrepancies. In the case of any discrepancy between these Services and any applicable laws, regulations, authorities, rules, and industry standards or best practices, the most stringent requirement(s) shall apply as determined by the Owner at its sole discretion.

The executed Agreement incorporates these Services by reference, and in the case of any discrepancy between these Services and the executed Agreement, the most stringent requirement(s) shall apply as determined by the Owner at its sole discretion.

M. Verify the Assigned Site(s) and Work Area. Prior to the execution of any aspect of these Services, the Contractor must verify the assigned site(s) and identify the designated work area. If questions arise as to which site and/or work area is assigned, the Contractor must immediately contact the Owner for clarification and hold all Services for that site until the Owner provides clarification. Requests for clarification on an assigned site and/or work area shall not entitle the Contractor to any upward adjustment in price/costs or any additional fee for that site. The Contractor is not entitled to any compensation for work performed on any unassigned site(s) and/or work area(s), and the Contractor is responsible for any damage resulting from work performed on any unassigned site(s) and/or work area(s), including all costs to repair or replace any damage.

At no time is the Contractor allowed to use an adjacent or a surrounding property to execute any aspect of these Services unless otherwise permitted in writing by the Owner. This includes, but is not limited to, property access, staging/storing of equipment, or stockpiling of any materials.

N. Document Work Area Conditions. The Contractor must document work area conditions as directed by the Owner. Failure to thoroughly and adequately document work area conditions creates a presumption of responsibility on the part of the Contractor for any damage that occurs on or around the assigned work area.

O. Use of Public Streets, Sidewalks, and Alleyways. The Contractor may use public streets and alleyways for the temporary parking of vehicles and equipment that are necessary to perform or execute these Services. However, the Contractor must comply with all applicable federal, state, and local laws, regulations, authorities, and rules, and the Contractor must ensure safe passage of pedestrian and vehicular traffic around the parked vehicles and/or staged equipment or materials.

P. Protection of Persons, Infrastructure, and Surrounding Property. In every aspect of these Services, the Contractor must exercise all necessary and appropriate care to protect all persons from harm or injury and protect infrastructure and property (both real and personal) from damage. This includes but is not limited to any structures, vehicles, improvements (i.e. fencing), appurtenances, and landscaping on surrounding properties.

The Contractor must execute these Services in a manner that avoids the creation of any hazard, undue disturbance, or nuisance to the community.

Q. Corrections. The Contractor is responsible for these Services through the term of the Agreement. The Contractor is responsible for any errors, oversights, or deficiencies in the execution of these Services, and the Contractor is not entitled to reimbursement for any additional cost(s) or fee(s) for the correction of any error, oversight, or deficiency. Acceptance or approval of any aspect of these Services by the Owner does not relieve the Contractor of the responsibility to correct any errors, oversights, or deficiencies at the Contractor’s expense.

Furthermore, the Contractor is responsible for any damage that results from the execution of these Services, and the Contractor must repair or replace any damaged infrastructure, property, equipment or materials at the Contractor’s expense.

Finally, the Contractor is responsible for any hazardous condition, undue disturbance, or nuisance that results from the execution of these Services, and the Contractor must correct any such hazardous condition, undue disturbance, or nuisance that may adversely affect surrounding persons or property at the Contractor’s expense.

R. Discovery of Impediments. If the Contractor discovers impediments on or adjacent to the assigned work area, the Contractor must notify the Owner immediately. Examples include, but are not limited to, equipment blocking access to the assigned work area and/or vehicles blocking access to the assigned work area.

S. Executed Agreement. The Contractor may not perform any aspect of these Services without an executed Agreement from the Owner. If the Contractor performs any work without an executed Agreement, then the Owner reserves the right to disqualify the Contractor from payment for any costs and/or fees for the work performed.

T. Term of Performance. The Contractor must complete these Services within the term of performance stipulated by the Owner. At its sole discretion, the Owner reserves the right to extend the term of performance at any time.

III. VACTOR SERVICES

A. Vactor Services. As directed by the Owner, The Contractor shall provide all labor (personnel), equipment, devices, and materials for the removal of liquids, soil sediments and debris from drainage facilities as directed. Types of drainage facilities include, but are not limited to the following: City of Detroit buildings, parking lots, sanitary drains, sewer drains, storm drains, sewer dump pits water drain drop inlets, catch basins, storm water treatment devices, pumping plants, culverts (pipe or box types), open channels and ditches (lined or unlined). This includes the extraction of liquids, soil sediments and debris from point of origin, proper collection and legal disposal by a waste transporter. The Contractor shall furnish shoulder closures when performing drain-cleaning operations.

The Contractor shall provide all labor, (trained employees), tools, materials, equipment, resources and incidentals on an on-call, as-needed basis, to perform independent cleaning operations of drainage facilities within City of Detroit.

B. Disposal Services. Waste material must be disposed of at an approved Disposal Facility and is included in the cost per unit bid price.

C. Vactor Service(s) Estimate. The Contractor must submit a detailed estimate for each assigned task to the Owner for evaluation and approval. The Contractor shall not perform any service until authorized by the Owner. If additional service(s) are required, the Contractor shall not perform any additional work until a revised estimate is authorized by the Owner.

D. Vactor Service(s) Term of Performance. The Contractor must complete each assigned task within the term of performance approved by the Owner.

E. Emergency Services. The Owner shall have the sole and final authority in determining those services designated as an “Emergency”. The Contractor must acknowledge an emergency request in writing within two (2) hours of the emergency notification by the Owner, and the Contractor must arrive on-site within four (4) hours of the emergency notification unless otherwise authorized by the Owner. The Contractor must provide a detailed estimate to the Owner within one (1) calendar day of the emergency notification by the Owner. The Contractor must begin emergency services within one (1) calendar day of receiving authorization from the Owner.

If the Contractor fails to meet any of the specified standards for emergency response, the Contractor must bill for those services at the standard and overtime rates stipulated in the agreement.

IV. COMPENSATION

A. Pre-Invoice Review. Prior to submitting any invoice, the Contractor must submit a request to the Owner to review the associated data and documentation that evidences satisfactory completion of the Services for which a payment request will be submitted. The Contractor must submit the request in a form and manner prescribed by the Owner.

B. Request for Payment. The Contractor must submit all requests for payment in the form and manner prescribed by the Owner. The request for payment must include all supporting documentation required or requested by the Owner. Payment for each assigned site is based upon (a) the Owner-approved prices and (b) the review and approval of all necessary data and documentation that substantiates satisfactory completion of these Services.

C. Withholding Payment. The Owner reserves the right to withhold any payment amount in part or in whole until all work is completed in accordance with these Services as determined by the Owner.

Furthermore, the Owner reserves the right to withhold any payment in an amount equivalent to the costs incurred for the correction of any errors, oversights, or deficiencies on the part of the Contractor. The Owner also reserves the right to withhold any payment in an amount equivalent to costs incurred for the repair or replacement of any damage caused by the Contractor, and finally, the Owner reserves the right to withhold any payment in an amount equivalent to costs incurred for the correction of any hazardous condition, undue disturbance, or nuisance caused by the Contractor.