Debris Removal SOW 11.17.2021 (2).pdf

Debris Removal

Scope of Services

Date: 11/17/2021

I. INTRODUCTION

A. Intent. As directed by the City of Detroit (hereafter “Owner”), this Scope of Services

(hereafter “Services”) is intended to support the City’s blight remediation efforts through the removal of illegally dumped material on an abatement and/or demolition site. The Contractor will be required to coordinate activities with the assigned demolition contractor in order to perform the work in this scope.

B. Revisions to this Scope of Services. The Owner reserves the right to revise these Services to maximize efficiency and mitigate any potential hazards to public health and safety or disturbances to the neighborhood.

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 as a result 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 AND 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 authority to act on behalf of the Contractor on all matters related to the performance and execution of these Services.

B. Qualified Personnel. The Contractor must assign qualified personnel to perform or execute any and all aspects of these Services. Personnel must possess all necessary accreditations, licenses, endorsements, or certifications as required by any and all applicable laws, regulations, rules, or industry standards. Personnel must also possess the necessary experience to efficiently, effectively, and safely perform or execute these Services as required by any and all applicable laws, regulations, rules, or industry standards.

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.

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

D. Protection of Persons, Infrastructure, and Surrounding Property. In all aspect of work under 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 also perform and execute these Services in a manner which avoids the creation of any hazard, undue disturbance, or nuisance to the community.

E. Cleaning. At the end of each working day, the Contractor must ensure that the sidewalks, streets, alleyways, and surrounding properties are free of dust, debris, and other potential nuisances.

F. Responsibility for Sub-Contractors. The Contractor is responsible for the work of any sub-

Contractor who performs or executes any aspect of these Services.

G. Equipment and Materials. The Contractor must provide all necessary equipment and materials to efficiently, effectively, and safely perform or execute these Services.

Equipment and materials must meet or exceed any and all requirements or standards set forth in any and all applicable laws, regulations, rules, or industry standards. The Contractor must interpret equipment and materials in the broadest sense to include vehicles, trailers, containers, tools, personal protection equipment, and all other equipment and materials necessary to perform or execute these Services. Upon request, the Contractor must provide the Owner or any enforcement agency or regulatory authority with copies of any documentation on the equipment or materials used in the performance or execution of these Services.

H. Record/Document Creation and Retention. The Contractor must create and retain any and all necessary documents, including photographs, associated with these Services. The Contractor must keep and maintain accurate, complete, and orderly records of any and all documents created in the performance or execution of these Services for a period of seven

(7) years from the date of the last payment under the associated Agreement or assignment of work. Unless otherwise specified in these Services, the Contractor must provide any and all documents created in the performance or execution of 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 clearly legible. If the requesting party determines that any document is illegible or unclear, the Contractor must either provide a legible and clear copy of the document or provide a signed attestation of the information contained in the document within a reasonable time frame determined by the requesting party at its sole discretion.

I. Reporting. As directed by the Owner, the Contractor must use the designated system to accurately and timely report on activities covered under these Services.

J. 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 and all activities covered under 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 communicate in writing any guidance from an enforcement agency or regulatory authority to the Owner. If the guidance is governed by any applicable confidentiality rules or laws, then the Contractor must immediately communicate that guidance when legally permitted to do so.

K. Monitoring, Inspection, and Oversight. The Contractor must allow the Owner or any representative of an enforcement agency or regulatory authority to monitor or inspect any and 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.

A work stoppage by the Owner shall not entitle the Contractor to reimbursement for any costs or any additional fee incurred during the stoppage.

L. Compliance with all Applicable Laws, Regulations, Authorities, and Rules. The Contractor must perform or execute these Services in compliance with all applicable federal, state, and local laws, regulations, authorities, and rules whether expressed or omitted in this Scope of Services. The Contractor must ensure that all assigned personnel possess working knowledge of all applicable federal, state, and local laws, regulations, authorities, and rules.

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

These Services are incorporated by reference into the executed Agreement, 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.

N. Verification of the Assigned Site(s) and Identification of the Parcel Boundaries. Prior to the execution of each and every aspect of these Services, the Contractor must contact the demolition contractor as provided by the Owner and verify the assigned site(s) and identify the parcel boundaries. The Contractor must utilize any and all available resources (i.e.

photos, aerial images, etc.) to ensure that these Services target the assigned site(s). If questions arise as to which property/site is assigned, the Contractor must immediately contact the Owner for clarification and hold all remaining Services for that site until clarification is received. Requests for clarification on an assigned site 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 the Contractor is responsible for any and all damage resulting from work which is performed on any unassigned site(s), including any and all costs to repair or replace any damage.

O. Limitations on the Work Area. The work area for each site is limited to the parcel boundaries. At no time is the Contractor allowed to use a(n) adjacent or 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, discharging water, or stockpiling of any materials.

P. Use of Public Streets, Sidewalks, and Alleyways. The Contractor may use public streets and alleyways for the temporary parking of vehicles and equipment which are necessary to perform and 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 work area.

Q. Corrections. The Contractor is responsible for the performance and execution of these

Services, and the Contractor is not entitled to any additional cost or fee for the correction of any error, oversight, deficiency, damage, hazardous condition, undue disturbance, or nuisance.

The Contractor is responsible for any errors, oversights, or deficiencies in the performance or execution of these Services. 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 and all damage resulting from the performance or execution of these Services, and the Contractor must repair or replace any damaged infrastructure or property at the Contractor’s expense.

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

R. 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 and until all work is properly documented as determined by the Owner at its sole discretion.

Furthermore, the Owner reserves the right to withhold any payment in an amount equivalent to costs incurred for the correction of any errors, oversights, or deficiencies on the part of the Contractor, and the Owner 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.

S. Executed Agreement and Notice to Proceed. The Contractor may not perform any aspect of these Services without an executed Agreement AND a Notice to Proceed from the Owner.

If the Contractor performs any work without an executed Agreement AND a Notice to Proceed, the Owner reserves the right to deny payment to the Contractor for any and all costs and/or fees for the work performed.

T. Term of Performance. The Contractor must complete the Services within the term of performance indicated in the Notice to Proceed. The term of performance shall commence upon the date of the executed Notice to Proceed.

U. Document/Records Review. The Contractor must review any readily-available site and/or building records or documents (including maps, plats, images, drawings, specifications or blueprints) to become familiar with the physical layout of and improvements on the assigned site(s) and the construction of the structure(s).

V. Property Inspections.

i. Prior to mobilization, the Contractor must coordinate with the demolition contractor to thoroughly inspect the assigned site(s) to understand the conditions under which the assigned work will be performed. The Contractor must compare the results of their inspection with the assigned Scope of Services and immediately report any errors, omissions, or deficiencies to the Owner.

ii. The Contractor must contact the demolition contractor the next day after work completed to ensure conformance with the Scope.

W. Discovery of Impediments. If the Contractor discovers an impediment to the performance these Services, the Contractor must immediately contact the Owner as directed and hold any and all activities on that site until the Owner has notified the Contractor that the issue is resolved. The Contractor must clearly identify the impediment to performance of the Services in the form and manner specified by the Owner. Impediments may include but are not limited to compromised or collapsed structural members or building components (i.e.

roof, floor, wall, stairway, etc.), locked/barricaded door, excessive debris, building occupants, etc.

X. Photographs of the Job Site(s). The Contractor must photograph the assigned site(s) and any phase(s) of work completed on that site as directed by the Owner.

At a minimum, the Contractor must provide color date- and time- stamped photographs that document the following steps:

i. Pre-work Photos. The Contractor must take pre-work photographs that include, but are not limited to, photos of sidewalks, curbs, and features of the subject property that may be disturbed by the work (such as walkways, structure walls, etc.). It is the Contractor’s responsibility to document the entire area in order to offset any claim of damage or disturbance of the surrounding area or subject property.

ii. During Work Photos. The Contractor must take any necessary photos during all activities in this Scope assigned by the Owner. Photos must adequately document that the Contractor completed each step successfully per the Scope.

iii. Post-work Photos. The Contractor must take any necessary photos after all work on site is complete. Photos must adequately document that the subject parcel(s) was left in a condition acceptable per the Scope and sidewalks, curbs, and features of the subject property were not disturbed.

III. SPECIFIC DEBRIS REMOVAL-RELATED SERVICES

A. General Debris Removal Requirements. Contractor must properly remove and dispose of all safely accessible materials on the assigned site(s) in accordance with all applicable laws, regulations, rules, and/or industry best practices.

B. Property of the Contractor. All waste materials become the property of the Contractor, and the Contractor is responsible for the proper removal, transport, and disposal or recycling (as appropriate) of all materials.

C. Storage of Waste Materials. The Contractor may not park any storage container along the street in front of an occupied structure. If any container is discovered in front of an occupied structure, then the Contractor must relocate the container to another location within one

(1) business day of request by the Owner.

D. Coordination of Proper Transport and Disposal. The Contractor must coordinate the transport and disposal of all waste materials from the assigned site(s). This includes but is not limited to all necessary approvals for such transport and disposal and the creation and/or maintenance of all documentation related to such transport and disposal. All waste materials must go to an appropriate disposal location based on the type of waste material.

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 which evidences satisfactory completion of the work for which payment will be sought. The Contractor must submit the request in a form and manner prescribed by the Owner.

B. Request for Payment. The Contractor must completely and correctly submit any and all request(s) for payment in the form and manner prescribed by the Owner. The request for payment must include any and 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 which substantiates satisfactory completion of the work for each and every assigned site.

C. Adjustments in Price. At its sole discretion, the Owner reserves the right to adjust the price for any assigned site based upon the receipt and review of all necessary documentation.

The Contractor must submit a request for an adjustment to an approved price for each assigned site in the form and manner prescribed by the Owner. The commencement of any work related to the price adjustment at an assigned site prior to formal notification by the Owner may disqualify the Contractor from reimbursement/payment for those costs or fees.