HomeMy WebLinkAboutLehman Trucking and Excavating Inc.-11/17/2014Mayor
BUCK
CLARK
CITY OF WATERLOO, IOWA
COMMUNITY PLANNING AND DEVELOPMENT
715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262
Council Communication
City Council Meeting: November 17, 2.014`
Prepared: November 12, 2014
Dept. Head Signature:
COUNCIL # of Attachments:
MEMBERS
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Submitted by: Noel Anderson- Community Planning & Development Director
DAVID
JONES SUBJECT: Resolution accepting bid, award of contracts and approval of contracts,
Ward t bonds, certificates of insurance to Laverne Lehman of Waterloo, Iowa in the
CAROLYN amount of $48,400.00 in conjunction with Demolition Services for 1423
COLE Hawthorne Avenue, 928 Mulberry Street, 421 Almond, 717 Vinton, 1013 Lincoln
Ward 2 Street and authorize Mayor and City Clerk to execute said documents.
HAROLD
GETTY Recommended City Council Action: Resolution accepting bid, award of contracts
Ward 3 and approval of contracts, bonds, certificates of insurance to Laverne Lehman of
QUENTIN Waterloo, Iowa in the amount of $48,400.00 in conjunction with Demolition
HART Services for 1423 Hawthorne Avenue, 928 Mulberry Street, 421 Almond, 717
Ward 4 Vinton, 1013 Lincoln Street and authorize Mayor and City Clerk to execute said
RON documents.
WELPER
Ward 5 Summary Statement: These properties were acquired through 657A and have been
BOB deemed dilapidated, dangerous and abandoned and need to be demolished. As
GREENWOOD always staff will market the remaining parcel for sale to the adjoining neighbors and
A.targe potential developers.
STEVE
scHIvtrrr Expenditure Required: $48,400.00
At•Large
Source of Funds: G.O.
Policy Issue: Nuisance abatement
Alternatives N/A
Background Information:
NA:cw
cc: Noel Anderson, Community Planning and Development Director
Mc Schroeder, City Planner
-file-
CITY WEBS11'h: www.cityofwaterlooiowa.com
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CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES
[no Regulated Asbestos Containing Materials (no RACM)]
1423 Hawthorne Avenue, 928 Mulberry Street, 421 Almond, 717 Vinton, 1013 Lincoln
Street
This Contract for Demolition and Site Clearance Services (no RACM) (the "Contract") is
entered into as of July 29, 2014, by and between the City of Waterloo, Iowa ("City") and
Lehman Trucking and Excavation Inc. ("Contractor").
In consideration of the mutual promises exchanged herein, the parties agree as follows:
1. Services. For a period of 45 days after the date of this Contract, subject to
extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all
supervision, technical personnel, labor, materials, tools, machinery, services, and perform and
substantially complete all work within the time period stated in the specifications after receipt of
Notice to Proceed with respect to a given property or set of properties. Work to be performed
includes all work described in the Contract Documents (defined below).
Contractor shall provide the above services at the cost set forth in Contractor's RFP response.
Contractor will be paid a lump sum for which services are performed and accepted. Contractor's
request for payment for services authorized under this Contract shall be submitted at the
completion of project and will be paid within thirty (30) days after receipt of an original invoice
and after such services are delivered and accepted. Contractor will be paid for all items
satisfactorily completed. Such payment will be full compensation for all work performed, for all
permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances,
including safety, and for furnishing all materials, equipment and labor to complete the work, in
accordance with the specifications.
2. Contract Documents. The following documents (collectively, the "Contract
Documents") are hereby incorporated by reference as though set forth herein in full:
a. Request for Proposal
b. Addenda
c. Response (Proposal)
d. Specifications for Demolition and Site Clearance
e. Signature Page
f. Building Demolition Insurance Requirements
In the event of conflict between the provisions of the Contract Documents and this Contract, the
provisions of this Contract shall prevail.
2.1 Contract Limits. Total actual expenses allowed by the project Contract, including
any renewal extensions of the Contract, shall not exceed $48,400.00 as submitted in the
contractors RFP response.
3. Approval; Timing of Work. Contractor shall not begin work on any demolition
until after the contract has been approved by the city council and the Contractor has been issued
a Notice to Proceed. The work shall commence within seven (10) days after the City has issued
a Notice to Proceed
4. Performance Bond. Contractor will be required to furnish bond in an amount
equal to one hundred percent (100%) of the contract price and shall be issued by a responsible
surety acceptable to the City. The bond shall guarantee the faithful performance of the contract
and the terms and conditions therein contained, shall guarantee the prompt payment of all
materials and labor and protect and save harmless the City from claims and damages of any kind
arising out of the performance of this contract.
5. Indemnity. Except as to any negligence of City, its officials, officers, employees
or agents, in the performance of any duty under this Contract, and to the extent not covered by
insurance maintained by Contractor, Contractor agrees to defend and indemnify, City, the
officials, officers, employees, agencies and agents of each, and to hold same harmless, from and
against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever,
including but limited to reasonable attorneys' fees and expenses, arising from or in connection
with the acts or omissions of Contractor in providing the services contemplated by this Contract.
This will include but is not limited to actions or suits based upon or alleging bodily injury,
including death, or property damage rising out of or resulting from the Contractor's operation
under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly
employed by any of them. Contractor is not and shall not be deemed an agent or employee of the
City.
5.1 Property Damage. Contractor shall be responsible for all damage to public or
private property. Contractor shall have one responsible person at the job site at all times when
demolition activities are undertaken. Contractor shall keep a report of all damage. If public or
private property is damaged by Contractor and is not repaired in a timely manner as determined
by City, City has the option of having the damage repaired at the Contractor's expense, to be
reimbursed to the City or withheld from future payments to Contractor hereunder.
6. Default; Termination for Cause. In the event that Contractor defaults in the
performance or observance of any covenant, agreement or obligation set forth in this Contract, and
if such default remains uncured for a period of seven (7) days after notice thereof shall have been
given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is
curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be
done or remedied within such 14 -day period and thereafter Contractor fails to diligently and
continuously prosecute the same to completion within such 14 -day period), then City may declare
that Contractor is in default hereunder and may take any one or more of the following steps, at its
option:
a. by mandamus or other suit, action or proceeding at law or in equity, require
Contractor to perform its obligations and covenants hereunder, or enjoin any
acts or things which may be unlawful or in violation of the rights of the City
hereunder, or obtain damages caused to the City by any such default;
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b. have access to and inspect, examine and make copies of all books and records
of Contractor which pertain to the project;
c. declare a default of this Contract, make no further disbursements, and demand
immediate repayment from Contractor of any funds previously disbursed under
this Contract;
d. terminate this Contract by delivery to Contractor of written notice of
termination; and/or
e. take whatever other action at law or in equity may be necessary or desirable to
enforce the obligations and covenants of Contractor hereunder, including but
not limited to the recovery of funds.
No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or
waive the right of City to enforce the same or to obtain relief against or recover for the continuation
or repetition of such breach or violation or any similar breach or violation thereof at any later time
or times. In the event that City prevails against Contractor in a suit or other enforcement action
hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City.
7. Termination for Convenience. This Contract may be terminated at any time, in
whole or in part, upon the mutual written agreement of the parties. City may also choose to
terminate this Contract at any time by delivering to Contractor 10 -days' advance written notice
of intent to terminate.
8. Non -Assignable Duties. Contractor may not assign its duties hereunder without
the prior written consent of City.
11. Independent Contractor. Contractor is an independent contractor and is not an
employee, servant, agent, partner, or joint venturer of City. Contractor has no power or authority
to enter into contracts or agreements on behalf of City. City shall determine the work to be done
by Contractor, but Contractor shall determine the legal means by which it performs the work
specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes
of any kind from any payments which it owes Contractor. Neither Contractor nor its employees,
if any, shall be entitled to receive any benefits which employees of City are entitled to receive
and shall not be entitled to workers' compensation, unemployment compensation, medical
insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of
their work for City. Contractor shall be solely responsible for compensating its employees, if
any.
12. Anti -Discrimination. During the performance of this Contract, Contractor, for
itself, its assignees and successors in interest, agrees to comply with the anti -discrimination laws
of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein
incorporated by reference and made a part of this Contract.
13. Severability. In the event any provision of this Contract, together with the
Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the
remaining provisions of this Contract shall not be affected thereby and shall continue in full
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force and effect. If, for any reason, a court finds that any provision of this Contract is invalid,
illegal, or unenforceable as written, but that by limiting such provision it would become valid,
legal, and enforceable, then such provision shall be deemed to be written and shall be construed
and enforced as so limited.
14. General Terms. This Contract, together with the Contract Documents, constitutes
the entire agreement between the parties pertaining to the subject matter hereof. This Contract
may not be modified or amended except pursuant to the mutual written agreement of the parties.
This Contract is binding on the parties and the heirs, personal representatives, successor and
assigns of each. Time is of the essence in the performance of the terms hereof.
IN WITNESS WHEREOF, the parties have executed this Contract for Demolition and
Site Clearance Services as of the date first set forth above.
CITY OF ATERLOO, IOWA
rnest G. Clark, Mayor
Attest:E�E�=,
Suzy Sch.1 es, City Clerk
19/1 t
Lavern Lehman -Lehman Trucking and Excavating
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