Idea Transcript
SOIL EXCAVATION AND REMEDIATION SERVICES Chemfax Soil Remediation Gulfport, Harrison County, Mississippi This Service Contract (“Contract”) is made by and between the Office of the Attorney General (“AGO”) whose address is 550 High Street, Suite 1400, Walter Sillers Building, Jackson, Mississippi 39201 and (“Contractor”), whose address is on the day of , 20 under the following terms and conditions: 1. Scope of Services For the sums stated below, the Contractor will provide Services as specified in the Request for Proposal (hereinafter referred to and attached as Exhibit “A”), and the Unit Rate Schedule executed by Contractor dated _______________ (hereinafter referred to and attached as Exhibit “B”). Further, The Contractor shall conduct the Services required by the United States Environmental Protection Agency (USEPA) approved Remedial Design. The general scope of work for this Contract shall be outlined in the Scope of Work, hereinafter referred to and attached as "Exhibit C" which is made a part hereof as if fully set forth herein. The parties acknowledge that additional Services may be required to effectively remediate soil contamination at the former Chemfax site, described therein. The AGO specifically reserves the right and privilege to enlarge or reduce the scope; or to cancel, any phase of any work assignment begun under this Contract at any time. 2. Contract Term The period of performance of Services under this Contract shall begin on the date shown on the Notice to Proceed and no later than December 31, 2014 3. Consideration As consideration for the performance of this Contract, Contractor shall be paid according to the unit rates set on the Proposal Sheet not to exceed $___________________. The Contractor shall bill on a unit-price basis as outlined in Exhibit B, for work performed and shall submit no more than one bill per month. Payments will be made on the basis of certified invoices and records. The AGO retains the right to verify time and expense records by audit of any or all Contractor’s time and accounting records at any time during the life of this Contract and up to three years thereafter. Contractor shall submit an invoice for approval by the AGO within ten (10) days of end of each month in which meaningful work is accomplished on the project. The invoice shall include: (a) a reference to this Contract (b) Contractor’s tax payer identification number (c) any other details as the AGO may reasonably request. 4. E-Payment The Contractor agrees to accept all payments in United States currency via the State of Mississippi's electronic payment and remittance vehicle. The AGO agrees to make payment in accordance with Mississippi law on "Timely Payments for Purchases by Public Bodies", Section 31-7-301, et seq. of the 1972 Mississippi Code Annotated, as amended, which generally provides for payment of undisputed amounts by the agency within forty-five (45) days of receipt of the invoice. 5. Paymode Payments by state agencies using the Statewide Automated Accounting System (SAAS) shall be made and remittance information provided electronically as directed by the State. These payments shall be deposited into the bank account of the Contractor's choice. The State may at its sole discretion, require the Contractor to submit
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invoices and supporting documentation electronically at any time during the term of this Agreement. The Contractor understands and agrees that the State is exempt from the payment of taxes. 6. Availability of Funds It is expressly understood and agreed that the obligation of the AGO to proceed under this Agreement is conditioned upon the appropriation of funds by the Mississippi State Legislature and the receipt of state and/or federal funds. If the funds anticipated for the continuing fulfillment of the agreement are, at any time, not forthcoming or prove to be insufficient, either through the failure of the federal government to provide funds or of the State of Mississippi to appropriate funds or the discontinuance or material alteration of the program under which funds were provided or if funds are not otherwise available to the AGO, the AGO shall have the right upon ten (10) working days written notice to the Contractor, to terminate this Agreement without damage, penalty, cost or expenses to the AGO of any kind whatsoever. The effective date of termination shall be as specified in the notice of termination. (MCA Section 27104-25(3)). AGO shall have the sole right to determine whether funds are available for the payments or performances due under this Contract. 7. Representation Regarding Contingent Fees The Contractor represents and certifies by its signature below that it has not retained a person to solicit or secure a State Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. 8. Representation Regarding Gratuities The Contractor represents and certifies by its signature below that it has not violated, is not violating, and promises that it will not violate the prohibition against gratuities set forth in Section 6-204 (Gratuities) of the Mississippi Personal Service Contract Procurement Regulations. 9. Access to Records and Record Retention The Contractor agrees that the AGO, Mississippi Department of Environmental Quality and the United States Environmental Protection Agency or any of its duly authorized representatives at any time during the term of this Agreement shall have unimpeded, prompt access to and the right to audit and examine any pertinent books, documents, papers, and records of the Contractor related to the Contractor’s charges and performance under this Agreement. In addition, such records, including, but not limited to, financial records, supporting documents, statistical records and all other records pertinent to the Services performed under this Contract shall be maintained and made available to AGO, any state or federal agency authorized to audit AGO, the Comptroller General of the United States or any of their duly authorized representatives. The Contractor agrees to refund to the AGO any overpayment disclosed by any such audit arising out of or related in any way to this Contract. All records related to this Agreement shall be kept by the Contractor for a period of three (3) years after final payment under this Agreement and all pending matters are closed, unless the AGO authorizes their earlier disposition. However, if any litigation, claim, negotiation, audit or other action arising out of or related in any way to this Contract has been started before the expiration of the three (3) year period, the records shall be retained for one (1) year after all issues arising out of the action are finally resolved. 10. Applicable Law This Contract shall be governed by and construed in accordance with the laws of the State of Mississippi, including its conflicts of laws, provisions, and venue for resolution of any dispute shall be Jackson, Hinds County, Mississippi. The
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Contractor shall comply with applicable federal, state, and local laws and regulations. Contractor expressly agrees that under no circumstances shall AGO be obligated to pay an attorney’s fee, prejudgment interest or the cost of legal action to Contractor. Further, nothing in this Contract shall affect any statutory rights that AGO may have and such rights cannot be waived or limited by Contract. 11. Assignment The Contractor shall not assign, sub-contract or otherwise transfer in whole or in part, its rights or obligations under this Contract without prior written consent of the AGO. Any attempted assignment or transfer without said consent shall be void and of no effect. The AGO reserves the right to review all sub-contract documents prepared in connection with this Contract, and the Contractor agrees that it shall submit to the AGO any proposed sub-contract document together with sub-contractor cost estimates for review and written concurrence of the AGO in advance of their execution. 12. Compliance with Laws The Contractor understands that the AGO is an equal opportunity employer and therefore maintains a policy which prohibits unlawful discrimination based on race, color, sex, age, national origin, disability, or any other consideration made unlawful by federal, state, or local laws. All such discrimination is unlawful and the Contractor agrees during the term of the agreement that the Contractor will strictly adhere to this policy in its employment practices and provision of Services. The Contractor shall comply with, and all activities under this Contract shall be subject to, all AGO policies and procedures and all applicable federal, State of Mississippi, and local laws and regulations, as now existing and as may be amended or modified. 13. Transparency In accordance with the Mississippi Accountability and Transparency Act of 2008, §27-104-151, et seq., of the Mississippi Code of 1972, as Amended, the American Accountability and Transparency Act of 2009 (P.L. 111-5), where applicable, and §31-7-13 of the Mississippi Code of 1972, as amended, where applicable, a fully executed copy of this agreement shall be posted to the State of Mississippi’s accountability website at: https://www.transparency.mississippi.gov. 14. Employee Status Verification System The Contractor represents and warrants by its signature below that it will ensure its compliance with the Mississippi Employment Protection Act, Section 71-11-1, et seq. of the Mississippi Code Annotated (Supp. 2008), and will register and participate in the status verification system for all newly hired employees. The term “employee” as used herein means any person that is hired to perform work within the State of Mississippi. As used herein, “status verification system” means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the EVerify Program, or any other successor electronic verification system replacing the EVerify Program. The Contractor agrees to maintain records of such compliance, and upon request of the State and approval of the Social Security Administration or Department of Homeland Security, where required, to provide a copy of each such verification to the State. The Contractor further represents and warrants that any person assigned to perform Services hereunder meets the employment eligibility requirements of all immigration laws of the State of Mississippi. The Contractor understands and agrees that any breach of these warranties may subject the Contractor to the following:
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(a) termination of this Agreement and ineligibility for any state or public Contract in Mississippi for up to three (3) years, with notice of such cancellation/termination being made public, or (b) the loss of any license, permit, certification or other document granted to the Contractor by an agency, department or governmental entity for the right to do business in Mississippi for up to one (1) year, or (c) both. In the event of such termination/cancellation, the Contractor would also be liable for any additional costs incurred by the State due to Contract cancellation or loss of license or permit. 15. Independent Contractor The Contractor shall perform all Services as an independent contractor and shall at no time act as an agent for the AGO. No act performed or representation made, whether oral or written, by the Contractor with respect to third parties shall be binding on the AGO. Neither the Contractor nor its employees shall, under any circumstances, be considered servants, agents, or employees of the AGO; and the AGO shall at no time be legally responsible for any negligence or other wrongdoing by the Contractor, its servants, agents, or employees. It is expressly understood and agreed that AGO enters into this Contract with Contractor based on the procurement of professional Services and not based on an employer-employee relationship. For all purposes under this Contract, it is understood that the consideration expressed herein constitutes full and complete compensation for all Services and performances hereunder, and that any sum due and payable to Contractor shall be paid as a gross sum with no withholdings or deductions being made by AGO for any purpose from said Contract sum. Contractor accepts exclusive responsibility for the payment of Federal Income Tax, State tax, Social Security, and any other withholdings that may be required. Contractor represents that it is qualified to perform the duties to be performed under this Contract and that it has, or will secure, if needed, at its own expense, applicable personnel who shall be qualified to perform the duties required under this Contract. Such personnel shall not be deemed in any way, directly or indirectly, expressly or by implication, to be employees of AGO. Any person assigned by Contractor to perform the Services hereunder shall be the employee of Contractor, who shall have the sole right to hire and discharge its employee. AGO may, however, direct Contractor to replace any of its employees under this Contract. Contractor will be responsible for the behavior of all its employees and sub-contractors while on the premises of any AGO location. Any employee or sub-contractor of Contractor acting in a manner determined by the administrator of that location to be detrimental, abusive or offensive to any of the AGO staff or others will be asked to leave the premises and may be suspended from further work on the premises. All employees of Contractor who will be working at such locations shall be covered by Contractor’s comprehensive general liability insurance policy in the amounts set forth below. Contractor shall pay when due, all salaries and wages of its employees and it accepts exclusive responsibility for the payment of federal income tax, state income tax, social security, unemployment compensation and any other withholdings that may be required. Neither Contractor nor its employees are entitled to state retirement or leave benefits.
16. Termination without cause The AGO may terminate this Contract with or without cause upon ten (10) days written notice to the Contractor. The Contractor may terminate this Contract with cause upon thirty (30) days written notice to the AGO.
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Termination with cause: This agreement may be terminated without notice to the other party on the occurrence of any of the following occurrences, which shall constitute a material breach of this contract: a. failure to perform any of the scheduled duties as set out herein; b. performing unacceptable work, or neglecting or refusing to remove materials or to perform anew such work as may be rejected as unacceptable; c. discontinuing the prosecution of the work; d. subcontracting or assigning the work hereunder without the prior written consent of the AGO; e. unnecessary delay in completing the duties under the contract; f. violation by the Contractor of any law of the State of Mississippi or any law of the United States of America g. becoming insolvent, being declared bankrupt, filing for protection under any chapter of the U. S. Bankruptcy Code, or committing any act of bankruptcy or insolvency; h. allowing a final judgment to stand unsatisfied; i. making an assignment for the benefit of creditors; j. failure to provide and maintain the policies of insurance as required by this Contract; k. failure for any other cause(s) whatsoever to carry on the work in an acceptable manner. The above list of circumstances constituting material breach is not intended to be all inclusive and in no way restricts the AGO from terminating this contract for any other material breach recognized by the Courts, State or Federal. Termination shall require written notice to the Contractor setting out the basis for said termination and the effective date of said termination. Prior to termination for reasons A, B, C, D, E or I above, the COMMISSION must show that the appropriate supervisory personnel have notified the Contractor of the deficient performance and given the Contractor at least fifteen (15) days to cure the deficiencies, unless said deficiencies are such that they may cause irreparable harm to AGO facilities, personnel or supplies. If the Contractor enters into bankruptcy, voluntarily or involuntarily, this Contract shall not be an asset to the Contractor. In the event of a termination for any reason, Contractor shall be entitled to compensation for services performed according to the specifications herein and to AGO’s satisfaction prior to the date of termination, less any costs which the AGO may be entitled to assess against Contractor under this Agreement. In no event shall the AGO be liable for lost profits or other consequential damages. 17. Modification or Renegotiation This Agreement may be modified, altered or changed only by written agreement signed by the parties hereto. The parties agree to renegotiate the agreement if revisions to federal, state and/or local laws or regulations make changes in this Contract necessary. 18. Procurement Regulations The Contract shall be governed by regulations governing the purchase of commodities and equipment and construction and maintenance projects which have been adopted by the Public Procurement Review Board. These regulations
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may be found on the Department of Finance and Administration webpage at: http://www.dfa.state.ms.us/Purchasing/ProcurementManual.html and http://www.dfa.state.ms.us/Offices/BOB/BOBProcMan.htm, respectively. 19. Ownership of Documents and Work Papers The AGO shall own all documents, files, reports, work papers and working documentation, electronic or otherwise, whether completed or in progress, created in connection with the Project which is the subject of this Contract, except for the Contractor’s internal administrative and quality assurance files and internal project correspondence. The Contractor shall deliver such documents and work papers to the AGO upon termination or completion of the Contract. The foregoing notwithstanding, the Contractor shall be entitled to retain a copy of such work papers for its files. The Contractor shall be entitled to use such work papers only after receiving written permission from the AGO and subject to any copyright protections. 20. Indemnification To the fullest extent allowed by law, the Contractor shall indemnify, defend, save and hold harmless, protect, and exonerate the AGO, its officers, employees, agents, and representatives, and the State of Mississippi from and against all claims, demands, liabilities, suits, actions, damages, losses, and costs of every kind and nature whatsoever, including, without limitation, court costs, investigative fees and expenses, and attorneys’ fees, and claims for damage arising out of or caused by the Contractor and/or its partners, principals, agents, employees and/or sub-contractors in the performance of or failure to perform this Contract. 21. Third Party Action Notification No provision of this Contract is intended, nor shall it be construed to provide any right, title, or action to any party not a signatory hereto. The Contractor shall notify AGO in writing within five (5) business days of its receipt of liquidation or receivership proceedings or within five (5) business days of its receipt of notification of any action or suit being filed or any claim being made against Contractor or AGO or any other party by any entity which may result in litigation related in any way to this Contract and/or which may affect the Contractor’s performance under this Contract. Failure of the Contractor to provide such written notice to AGO shall be considered a material breach of this Contract and the AGO may, at its sole discretion, pursue its rights as set forth in the Termination clauses set forth above and any other remedies it may have at law or in equity. 22. Notices All notices required or permitted to be given under this Contract must be in writing and personally delivered or sent by facsimile provided that the original of such notice is sent by certified United States mail postage prepaid, return receipt requested, or overnight courier with signed receipt, to the party to whom the notice should be given at the address set forth below. Notice shall be deemed given when actually received or when refused. The parties agree to promptly notify each other in writing of any change of address. For the Contractor:
For AGO: Mississippi Attorney General’s Office Attn: Robert Kersh Director of Administration P. O. Box 220 Jackson, MS 39205
(Insert name) (Insert title) (Insert address)
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23. Approval It is understood that the Contract is void and no payment shall be made in the event that the Public Procurement Review Board does not approve this Contract. 24. Severability If any term or provision of this Contract is prohibited by the laws of this State of Mississippi or declared invalid or void by a court of competent jurisdiction, the remainder of this Contract shall not be affected thereby and each term and provision of this Contract shall be valid and enforceable to the fullest extent permitted by law. 25. Change in Scope of Work The AGO may order changes in the work consisting of additions, deletions, or other revisions within the general scope of the Contract. No Services may be changed which require changes to the amount of compensation to the Contractor or other material adjustments to the Contract, unless such changes or adjustments have been made by written amendment to the Contract signed by the AGO and the Contractor. If the Contractor believes that any particular work is not within the scope of the project, is a material change, or will otherwise require more compensation to the Contractor, the Contractor must immediately notify the AGO in writing of this belief. If the AGO believes that the particular work is within the scope of the Contract as written, the Contractor will be ordered to and shall continue with the work as changed and at the cost stated for the work within the scope. 26. Insurance The Contractor shall maintain insurance for the entirety of the contract period as required below: a. Comprehensive Automobile Liability Insurance, with a combined single limit for bodily injury and property damage of not less than One Million Dollars ($1,000,000.00) per incident with respect to the Contractor’s (owned, hired or non-owned) vehicles, assigned to or used in the performance of Services. b. Contractors General Liability Insurance with limits not less than One Million Dollars ($1,000,000.00) for each occurrence and Two Million Dollars ($2,000,000) aggregate limits. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for Contractual and employee acts), blanket Contractual, Contractors protective, sudden and accidental pollution, products and completed operations. c. Pollution Liability Insurance in an amount not less than Five Million Dollars ($5,000,000.00) per incident. d. Workers' Compensation Insurance in accordance with the laws of the State of Mississippi.
The AGO shall be listed as a certificate holder on all insurance required under this Contract. In the event that the Contractor retains any sub-contractor or other personnel to perform Services under this Contract, the Contractor shall be liable for Insurance Coverage of the sub-contractor as stated above as if the sub-Contractor were the prime Contractor.
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The Insurance coverage recited above shall be maintained in full force and effect by the Contractor during the life of this Contract. Should Contractor cease to carry the errors and/or omissions coverage listed above for any reason, it shall obtain “tail” or extended coverage at the same limits for a period of not less than three (3) years subsequent to policy termination or Contract termination, whichever is longer. Should Contractor change insurance carriers for errors and /or coverage, it shall obtain a “retroactive coverage” endorsement from its new insurance carrier.” Insurance carriers must be properly licensed and/or must hold a Certificate of Authority from the Mississippi Department of Insurance. A certificate of insurance acceptable to the AGO shall be issued to the AGO by the Contractor prior to the execution of the Contract and thereafter on an annual basis for the duration of the Contract as evidence that policies providing the required coverage, conditions and limits are in full force and effect. Such certificate shall identify this Contract and contain provisions that coverage afforded under the policies will not be cancelled, terminated, or materially altered until at least thirty (30) days prior written notice has been given to the AGO. The Contractor will furnish certified copies, upon request, of any or all of the policies and/or endorsements to the AGO prior to the execution of this Contract and thereafter on an annual basis for the duration of the Contract. The Contractor shall provide the AGO any and all documentation necessary to prove compliance with the insurance requirements of this Contract as such documentation is requested, from time to time, by the AGO. If the Contractor fails to procure or maintain required insurance, the AGO may immediately elect to terminate this Contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, and all monies so paid by the AGO shall be repaid by the Contractor to the AGO upon demand, or the AGO may offset the cost of the premiums against any monies due to the Contractor from the AGO. 27. Stop work Order The AGO may, by written order to the Contractor at any time, and without notice to any surety, require the Contractor to stop or suspend all or any part of the work called for by this Contract. This order shall be for a specified period of time not exceeding six (6) months after the order is delivered to the Contractor unless the parties agree to any further period. Any such order shall be identified specifically as a stop work order issued pursuant to this clause. Upon receipt of such an order, the Contractor shall forthwith comply with its terms and take all steps to minimize the occurrence of costs allocable to the work covered by the order during the period of work stoppage. Before the stop work order expires, or within any further period to which the parties shall have agreed, the AGO shall either: a.) cancel the stop work order; or b.) terminate the work covered by such order according Paragraph 16 above. Prior to the AGO’S taking official action to stop work under this Contract, the AGO’s Project Coordinator may notify the Contractor, in writing, of the intention or the AGO to stop work under this Contract. If a stop work order is not canceled and the work covered
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by such order is terminated, the Contractor shall be paid for services rendered prior to the Termination as provided in Paragraph 16 above. 28. Failure to Enforce Failure by the AGO, at any time, to enforce the provisions of the Contract shall not be construed as a waiver of any such provisions. Such failure to enforce shall not affect the validity of the Contract or any part thereof or the right of the AGO to enforce any provision at any time in accordance with its terms. 29. Conflict of Interest Contractor shall notify the AGO of any potential conflict of interest resulting from the representation of or service to other clients. If such conflict cannot be resolved to the AGO’s satisfaction, the AGO reserves the right to terminate this Contract. 30. Sovereign Immunity By entering into this Contract with Contractor, the State of Mississippi does, in no way, waive its sovereign immunities or defenses, as provided by law. 31. Confidential Information Subject to Paragraph 9 above, Contractor shall treat all AGO data and information to which it has access by its performance under this Contract as confidential and shall not disclose such data or information to a third party without specific written consent of AGO. In the event that Contractor receives notice that a third party requests divulgence of confidential or otherwise protected and/or has served upon it a subpoena or other validly issued administrative or judicial process ordering divulgence of such information, Contractor shall promptly inform the AGO and thereafter respond in conformity with such subpoena to the extent mandated by state and/or federal laws, rules and regulations. This Article shall survive termination or completion of this Contract and shall continue in full force and effect and shall be binding upon the Contractor and its agents, employees, successors, assigns, sub-contractors or any party or entity claiming an interest in this Contract on behalf of, or under the rights of the Contractor following any termination or completion of this Contract. 32. Suspension and Debarment Contractor certifies by its signature below that neither the Contractor nor any principal of the Contractor is suspended or debarred or otherwise excluded from, or ineligible for, participation in State or Federal Contracts. 33. Entire Agreement This Contract constitutes the entire agreement of the parties with respect to the subject matter contained herein and supersedes or replaces any and all prior negotiations, understandings and agreements, written or oral, between the parties relating thereto. 34. Work Made for Hire Contractor and AGO agree that the material produced and/or delivered by the Contractor under this Contract (the "Work") are to be a "work made for hire" under U.S. copyright laws and that the AGO owns all right, title, and interest in the Work including the copyright and all trademark, patent, and intellectual property rights. If for any reason the Work would not be considered a work made for hire, the Contractor transfers and assigns to the AGO the entire right, title, and interest in the Work including the copyright and all trademark, patent, and intellectual property rights. The Contractor agrees to perform all acts necessary to secure for the AGO the rights herein assigned. The Contractor shall obtain all right, title, and interest from any party who may provide input or material to any portion of the Work so that all intellectual property rights in and to the Work shall belong to the AGO.
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Contractor warrants that it has the full right, power, and authority to enter into this Contract and to grant the rights granted herein, that it has not previously licensed the Work in whole or in part to any third party, and that use of the Work in whole or in part will not violate any rights of any kind whatsoever of any third party. Contractor agrees to indemnify and hold harmless the AGO, its successors and assignees from and against any claims arising out of any breach of any representation or warranty made by the Contractor herein. This Contract has been entered into and executed by the parties hereto as of the day and year first above written.
JIM HOOD Attorney General STATE OF MISSISSIPPI
(Insert the name of the Contractor)
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EXHIBIT A REQUEST FOR PROPOSAL
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EXHIBIT B UNIT RATE SCHEDULE MAXIMUM ALLOWABLE COST ASSIGNMENT PRICE: 1. Mobilization/Demobilization (includes the transportation of all necessary equipment and personnel to and from the project site.) 2. Excavation, transportation, disposal of contaminated soil (including fees) and backfill with clean suitable material to approximately six inches above existing grade, per unit price as listed. 3. Clearing, chipping and spreading - Clearing the proposed excavation area, chipping and storing the material on-site for future use as mulch when reseeding the site for erosion control 4. Disposal of Tires – includes all necessary cost for transportation and disposal of tires. 5. Standby Day – daily rate for equipment and personnel when site conditions are rendered unworkable for a normally scheduled work day as designated by the Supervising Contractor. 6. Dewater Excavation (including pumps, storage, carbon filters and labor) – daily rate 7. Free Product Recover, Transportation and Disposal – rate shall include all necessary equipment, labor, transportation and disposal fees for the removal, transportation and disposal of free product. The CONTRACTOR shall not exceed the “Cost Per Unit Rate” established for this CONTRACT identified below. All Quantities are subject to change based on the requirements of field conditions.
ESTIMATED UNITS 1 Each 1 31,00 0 1 50 1 1
Each Tons Lump Sum Each Daily Rate Daily Rate
1
Gallon
1
Lump Sum
UNIT DESCRIPTION Mobilization
@
UNIT RATE
UNIT Each
Demobilization Excavation, transportation, disposal of contaminated soil and backfill
@
Each
@
Per Ton
Clearing, Chipping and Spreading
@
Lump Sum
Removal, Transportation and Disposal of Tires
@
Each
Standby Day
@
Per Day
Dewater Excavation
@
Per Day
Free Product Recovery, Transportation and Disposal
@
Per Gallon
Site Re-Vegetation
@
Lump Sum
TOTAL
Total of Above Charges TOTAL PROJECT COST $
______________________________ Printed Name/Title
NUMBER OF DAYS:
______________________________ _________________ Signature Date
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EXHIBIT C SCOPE OF WORK Mobilization/Demobilization The scope of work shall consist of the transportation and delivery of all necessary equipment, trucks and personnel to perform the CONTRACT. Excavation, Transportation, Disposal of Contaminated Soil, and Backfill The scope of work for the project shall consist of the excavation, transportation, and disposal of approximately 31,000 tons of non-hazardous contaminated soil, to the satisfaction of the AGO based upon the USEPA approved remedial action plan for this site. Upon successful completion of the excavation activities, the excavation must be backfilled with clean backfill material. Backfill material shall be a sandy clay material to be approved by the supervising contractor, EarthCon. Backfill shall be placed in the excavation in 12-inch lifts and compacted to general industry standards. Backfill material shall be placed in the excavation until the grade of the excavation of approximately six (6) inches above the surrounding, undisturbed ground surface. The backfill, including backfill material, equipment and labor to perform backfill activities, shall be considered part of the Excavation scope of work and not a separate pay item.
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