HomeMy WebLinkAboutAdvanced Enviromental-1/9/2012Please return this copy to:
City Clerk & Finance Department
715 Mulberry Street
Waterloo, IA 50703
CONTRACT FOR ASBESTOS ABATEMENT SERVICES
330 Madison Street
This Contract for Asbestos Abatement Services (the "Contract") is entered into as of
January 9, 201 -by and between the City of Waterloo, Iowa ("City") and Advanced
Environmental ("Contractor").
In consideration of the mutual promises exchanged herein, the parties agree as follows:
1. Term and Services. For a period of six (6) weeks after the date of this Contract,
subject to extension upon the mutual written agreement of the parties, the Contractor agrees to
furnish all tools, labor and materials, 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. By executing this Contract, Contractor certifies that it holds an
asbestos permit issued by the Iowa Division of Labor and that all personnel who perform work
on the project will have an asbestos license issued by the Iowa Division of Labor. Contractor
agrees that such permit and licenses will be maintained during the term of this Contract. 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 the Contractor's RFP
response Contractor will be paid for all items satisfactorily completed. Such payment will be
full compensation for asbestos removal and disposal, 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 plans and
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) from the Contractor
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, should not exceed $ 37,440.00.
3. Approval; Timing of Work. Contractor shall not begin work until after the
Contract has been approved by the City Council and a completely executed copy has been
returned to Contractor with Notice to Proceed. The work shall commence on January 23, 2012
after the City has issued a Notice to Proceed with respect to any particular property or set of
properties, and all work shall be completed and delivered within 6 weeks after issuance of the
Notice to Proceed.
4. Performance Bond. Contractor shall furnish a 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 shall save harmless the City from claims and damages of any kind arising
out of the performance of this contract.
5. Reporting; Records. Contractor shall exercise best efforts to maintain
communication with City personnel whose involvement in the project is necessary or advisable
for successful and timely completion of the work of the project. Communications between the
parties shall be verbal or in writing, as requested by the parties or as dictated by the subject
matter to be addressed. Contractor shall maintain all project records for a minimum period of
three (3) years after the date of final payment for services rendered under this Contract. During
the term of this Contract and for the ensuing record -retention period, Contractor shall make any
or all project records available upon reasonable request, and in any event within two (2) business
days of request, to City, and any other agency of state or federal government, or the duly
authorized representatives of any of the foregoing, that has provided funding or oversight for the
pre demolition asbestos abatement project, for the purpose of making audit, examination,
excerpts and/or transcriptions. For purposes of this section, "records" means any and all books,
documents, papers and records of any type or nature that are directly pertinent to this Contract.
Contractor agrees to furnish, upon termination of this Contract and upon demand by the City,
copies of all basic notes and sketches, charts, computations, and any other data prepared or
obtained by the Contractor pursuant to this Contract, without cost and without restrictions or
limitation as to the use relative to specific projects covered under this Contract. In such event, the
Contractor shall not be liable for the City's use of such documents on other projects.
6. Reserved.
7. 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, its
officials, officers, employees and agents, 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.
8. 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:
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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;
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.
9. 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.
10. 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
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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
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 Asbestos
Abatement Services as of the date first set forth above.
CITYO• . ATERLOO, IOWA
rnest G. Clark, Mayor
By:
Attest:,�tt�r�
Suzy SChdres, City Clerk
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Mike Poe -Advanced Environmental