HomeMy WebLinkAbout03/15/2012 AMENDED
AGENDA OF THE SPECIAL SESSION OF THE
CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA, TO BE HELD IN THE COUNCIL CHAMBERS
IMMEDIATELY FOLLOWING THE COUNCIL WORK SESSION
THURSDAY, MARCH 15, 2012
ROLL CALL:
Motion to approve Agenda, as proposed or amended.
Motion to receive and file copies of Calls.
1. Resolution approving demolition contract with Benton's Sand and Gravel
Inc. for emergency demolition services of 626-628 W. 9th Street in the amount
of $56,100.00—Submitted by Noel Anderson, Community Planning &
Development Director.
2. Motion to approve expenditure in the amount not to exceed $1,000.00 for
temporary relocation of tenants of 620 –622 W. 9th Street to allow demolition
of 626-628 W. 9th Street. — Submitted by Noel Anderson, Community Planning
&Development Director.
ADJOURNMENT
Motion to adjourn.
Suzy Schares
City Clerk
AGENDA OF THE SPECIAL SESSION OF THE
CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA, TO BE HELD IN THE COUNCIL CHAMBERS
IMMEDIATELY FOLLOWING THE COUNCIL WORK SESSION
THURSDAY, MARCH 15, 2012
ROLL CALL:
Motion to approve Agenda,as proposed or amended.
Motion to receive and file copies of Calls.
1. Resolution permitting potential emergency demolition/acquisition activities
for 626-628 W. 9th Street Submitted by Noel Anderson, Community Planning&
Development Director.
ADJOURNMENT
Motion to adjourn.
Suzy Schares
City Clerk
kCITY OF WATERLOO , IOWA
/41
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COMMUNITY PLANNING AND DEVELOPMENT
715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262
04,Z;
AO NOEL C.ANDERSON,Community Planning&Development Director
Council Communication
City Council Meeting: March 19, 2012
Mayor Prepared: March 14, 2012
BUCK Dept. Head Signature:
CLARK
# of Attachments:
COUNCIL
MEMBERS SUBJECT: Approval of demolition contract with Benton's Sand and Gravel Inc, for
emergency demolition services with RACM of 626-628 W. 9th Street in the amount of
$56,100.00, and temporary relocation of tenants at 620-622 W. 9th Street not to exceed
DAVID $1,000.00
JONES
Ward I
Submitted by: Noel Anderson-Community Planning& Development Director
CAROLYN
COLE Recommended City Council Action:Approval of demolition contract with Benton's Sand
Ward 2
and Gravel Inc, for emergency demolition services with RACM of 626-628 W. 9th Street in
HAROLD the amount of$56,100.00, and temporary relocation of tenants at 620-622 W. 9th Street
GETTY not to exceed $1,000.00
Ward 3
QUENTIN Summary Statement: The structure in question was acquired through 657A approximately
HART 3 months ago. The structure has rapidly deteriorated as the ground warmed and has begun
Ward 4
collapsing.
RON
WELPER Expenditure Required: $56,100.00
Ward 5
BOB Source of Funds: The demolition activities of this site will be undertaken by the City of
GREENWOOLWaterloo using G.O. funds, for nuisance abatement.
At-Large
STEVE Policy Issue: Dilapidated Housing
SCHMITT
At-Large Alternative: N/A
Background Information:
cc:NOEL C.ANDERSON,Community Planning&Development Director
CITY WEBSITE: www.ci.waterloo.ia.us
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
ACTIVE
THERMAL CONCErTS
2805 Stonegate Court • Hiawatha,Iowa • 52233
Ph.319-393-8088 • Toll Free 800-495-6202 • Fax 319-393-8081
March 14,2012
City of Waterloo
Chris Western
715 Mulberry St
Waterloo, IA 50703
Re: Duplex at 426/428 9th St,Waterloo,IA
Chris,
Thank you for allowing Active Thermal Concepts the opportunity to assist you with your RACM
demolition project at the address listed above.
Per our discussions of yesterday and today with you and Tom Wuehr,of the Iowa DNR we are proposing
the following scope of work:
There will need to be shoring and cabling used to keep Building A from falling into Building B.
Please see the proposed detailed work plan for that.
The entire building will have to be treated as RACM, per Tom Wuehr. This will include
Establishing a RACM work zone
The company performing the work to be a licensed Abatement Contractor
All employees to be asbestos licensed workers or supervisors
The site must have a functioning decontamination unit
RACM material may not be separated. Cleanable, non porus surfaces such as basement slabs and
footers may only be taken as clean after decontamination by licensed asbestos personnel. All RACM
material must be abated and removed before any cleaning can begin on the slabs and or footers. Wall
sections may also be taken if material can be verified by the licensed asbestos abatement supervisor on
site,to be free of any and all debris and or contamination.
Active Thermal Concepts is providing the following budgetary figure:
Labor, Materials,and Disposal $80,000.00 Not To Exceed
Estimating$143.00 per ton of RACM/Approx 500 ton
Bracing $12,500.00 Not To Exceed
TOTAL BID $92,500.00 Not to Exceed
Specializing in Asbestos&Lead Abatement, Mold Remediation&Mechanical Insulation,Demolition
Licensed,Bonded&Insured
Active Thermal Concepts will supply the following information:
Contractor licensing and insurance information
Employee licenising and medical survalience
Verification costs of labor,hauling and equipment mobilization and demobilization
Landfill charges
Sampling data
Backfill materials
Active Thermal Concepts will take all necessary measures to make this project as cost effective as
possible for the City of Waterloo,taking into consideration all regulations and safety measures set forth
by the Iowa DNR and OSHA.
The City will need to provide ATC with a letter of indemnification holding harmless Active Thermal
Concepts to the adjacent building owner. All though we feel we have a plan to insure the building stay
within the property lines due to the level of structural damage this cannot be guaranteed to a certainty.
Please be assured we will do everything within our power to make sure the adjacent property is
protected.
With the capable staff here at Active Thermal Concepts and the materials we have on hand we can begin
the mobilization process in a matter of hours of the receipt of your confirmation of this budgetary
figure and the letter of indemnification. There will be no additional delays as Tom Wuehr has waived
the 10 day notification process for this project.
Thank you again, if you have questions or need additional clarification, please do not hesitatae to call
me at 319-533-0485
Sincerely,
e-42d,.5& -
Cory Albers
Active Thermal Concepts
EXHIBIT"A"
CITY OF WATERLOO
SPECIFICATIONS FOR DEMOLITION AND SITE CLEARANCE OF 626-628 W 9TH STREET
[removal of Regulated Asbestos Containing Materials (RACM)]
PART 1 - GENERAL
1.01 CITY REPRESENTATIVES
The City's Representative for this project is: Chris Western, Planner II/Project Manager.
1.02 DESCRIPTION OF WORK
Unless directed otherwise in the Contract Documents or by the Project Manager,the Contractor
shall:
A. Remove and properly dispose of all structures, cement slabs, and driveways,trash,
rubbish, basement walls, floors, foundations, steps, planters, retaining walls, fences,
wells, cisterns, landscape features such as pools and waterers and concrete or asphalt
flatwork such as sidewalks (except those in the public right of way), driveways, and the
like from the specified property.
B. Remove any fuel tanks, cisterns, and meter pits. As to cisterns, section 2.14 also applies.
C. Remove the materials from the demolition site in accordance with federal, state and local
regulations.
D. Disconnect all utility services before demolition per Section 2.07.
E. Perform site clearance, grading, restoration and erosion control.
F. Complete the demolition work in accordance with the plans and these technical
specifications.
1.03 PROTECTION OF THE PUBLIC AND PROPERTIES
A. Littering Streets
1. The Contractor shall be responsible for removing any demolition debris or mud from any
street, alley or right-of-way resulting from the execution of the demolition work. Any
cost incurred by the City in cleaning up any litter or mud shall be charged to the
Contractor and be deducted from funds due for the work.
2. Littering of the site shall not be permitted.
3. All waste materials shall be promptly removed from the site.
B. Street Closure
1. If it should become necessary to close any traffic lanes, it shall be the Contractor's
responsibility to acquire the necessary obstruction permits and to place adequate
barricades and warning signs as required by the City.
2. Street or lane closures shall be coordinated with the appropriate City authority.
C. Protection of the Public by the Contractor. A temporary fence shall be erected around all
excavation, dangerous building(s) or structure(s)to prevent access to the public unless the City's
Project Manager determines that the site is sufficiently secure without fencing. Such fence shall
be at least four feet high, consistently restrictive from top to grade, and without horizontal
openings wider than two inches. The fence shall be erected before demolition and shall not be
removed until the hazard is removed.
D. Noise Pollution: All construction equipment used in conjunction with this project shall be in
good repair and adequately muffled. The Contractor shall comply with any noise pollution
requirements of the City.
E. Dust Control: The Contractor shall comply with applicable air pollution control requirements
of the City's Project Manager. The Contractor shall take appropriate actions to minimize
atmospheric pollution, and toward that objective the City's Project Manager shall have the
authority to require that reasonable precautions be taken to prevent particulate matter from
becoming airborne. Such reasonable precautions shall include, but not be limited to:
1. The use of water or chemicals for control of dusts in the demolition of existing buildings
or structures, construction operations, the grading of roads, or the clearing of land.
2. Covering, at all times when in motion, open-bodied trucks transporting materials likely to
give rise to airborne dusts.
F. Requirements for the Reduction of Fire Hazards
1. Removal of Material: Before demolition of any part of any building,the Contractor shall
remove all volatile or flammable materials, such as gasoline, kerosene, benzene, cleaning
fluids,paints or thinners in containers, and similar substances, unless search of the
building for such materials would pose an unreasonable risk to the safety of Contractor's
personnel.
2. Fire Extinguishing Equipment: The Contractor shall be responsible for having and
maintaining the correct type and class of fire extinguisher on site. When a cutting torch
or other equipment that might cause a fire is being used, a fire extinguisher shall be
placed close at hand for instant use.
3. Fires: No fires of any kinds will be permitted in the demolition work area.
4. Hydrants: No material obstructions or debris shall be placed or allowed to accumulate
within fifteen feet of any fire hydrant. All fire hydrants shall be accessible at all times.
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5. Debris: Debris shall not be allowed to accumulate on roofs, floors, or in areas outside of
and around any structure being demolished. Excess debris and materials shall be
removed from the site as the work progresses.
G. Protection of Public Utilities: The Contractor shall not damage existing fire hydrants,
streetlights, traffic signals,power poles, telephone poles, fire alarm boxes, wire cables, pole
guys, underground utilities, or other appurtenances in the vicinity of the demolition sites. The
Contractor shall pay to repair or replace any damaged utilities. The Contractor shall pay for
temporary relocation of utilities, which are relocated at the Contractor's request for his
convenience. All below-ground utilities that are abandoned as a result of demolition shall be
terminated at least two (2) feet below the finish grade of the site.
H. Protection of Adjacent Property
1. The Contractor shall not damage or cause to be damaged any public right-of-way,
structures, parking lots, drives, streets, sidewalks, utilities, lawns or any other property
adjacent to the subject parcel. Except as otherwise agreed in writing,tThe Contractor
shall pay to repair or replace any such damage. The Contractor shall provide such
sheeting and shoring as required to protect adjacent property during demolition. Care
must also be taken to prevent the spread of dust and flying particles.
2. The Contractor shall restore existing agricultural drain tiles or roadway sub drains that
are cut or removed, including drainable backfill,to original condition. Repairs shall be
subject to approval by the property owner where applicable, and by the City's
Representative.
1.04 RISK OF LOSS
A. The Contractor shall accept the site in its present condition and shall inspect the site for
its character and type of structures to be demolished. The City assumes no responsibility
for the condition of existing buildings, structures, and other property within the
demolition area, or the condition of the property before or after the solicitation for
proposals. No adjustment of proposal price or allowance for any change in conditions
that occur after the acceptance of the lowest responsible, responsive proposal will be
allowed.
B. The Contractor acknowledges and understands that any disposal, removal,transportation
or pick-up of any materials not covered under the scope of work shall be at the sole risk
of the Contractor. The Contractor understands that it will be solely responsible for any
liability, fees, fines, claims, etc. which may arise from its handling of materials not
covered by the scope of the work.
1.05 PROPERTY OWNERSHIP
A. Title: Following execution of the contract, all rights, title, and interest of the City in and to
buildings, structures, fixtures and other personal property to be demolished and/or removed by
the Contractor on part or all of said project area as described in the Contract Documents and
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contract addenda thereto, shall be deemed to be vested in the Contractor. All materials are to be
removed and disposed of or salvaged in conformance with these specifications.
B. Land: No property rights, title, or interest of any kind whatsoever, in or to the land or premises
upon which such buildings or structures stand, is created, assigned, conveyed, granted, or
transferred to the Contractor, or any other person or persons, except only the license and right of
entry to remove such buildings and structures in strict accordance with the Contract Documents.
Contractor shall not use the land or premises, or allow any other party to use the land or
premises, for any purpose other than activities in direct support of the demolition.
1.06 VACATING OF BUILDINGS
The subject property is vacant.
1.07 PERMITS AND FEES
The Contractor shall obtain all the necessary permits and pay all permit fees that are required by
the City or any other governmental authority in conjunction with the demolition work.
1.08 MEASUREMENT AND PAYMENT
A. Demolition Work: The Contractor shall be paid the lump sum price for demolition as indicated
in the proposal and as approved by the City, and this payment will be full compensation for
removal of buildings, building materials, contents of buildings, appliances, trash, rubbish,
basements, foundations, and steps from the site; disconnection of utilities; grading of disturbed
areas; placing and removing safety fencing; removal of septic tanks and cisterns; and other work
as necessary to complete the project.
B. Incidental Items: The Contractor shall provide and pay for all materials, labor, tools,
equipment, transportation,temporary construction, charges, levies, fees, permits and other
expenses necessary to complete this work according to the plans and specifications.
PART 1A—REGULATED ASBESTOS CONTAINING MATERIALS (RACM)
The property to be demolished has been tested for and found to contain asbestos. All structural
debris must be treated and handled as RACM. Demolition and removal of structures, including
basements and cement slabs of basement-less structures, must be accomplished in a single day;
no partial demolition will be allowed. The Contractor will be required to have all permits and
licenses required by the Iowa Department of Natural Resources (IDNR), Iowa Workforce
Development(IWD), and the Occupational Health and Safety Administration(OSHA) for
handling RACM. The Contractor will be responsible to ensure that demolition activities are
carried out in compliance with all applicable regulations of IDNR, IWD, and OSHA as well as
all other federal, state, and local regulations.
The Contractor shall employ good demolition techniques, including but not limited to:
a. Wetting structures and debris prior to and during demolition to reduce the potential for air
migration of asbestos.
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2. Using demolition techniques to minimize the excessive breaking of materials.
3. Maintaining the practice of keeping personnel at a safe distance from demolition
activities.
4. Loading the materials with techniques to maintain a sufficient distance from personnel to
reduce the exposure to airborne material.
5. `Burrito wrapping" of all loads to prevent RACM material from becoming airborne
during hauling.
6. Placing a placard on the truck hauling the RACM debris in accordance with the IDOT
and IDNR requirements.
7. Disposing of RACM, as approved by IDNR, shall be at separated areas of disposal sites
and shall be disposed of using techniques to minimize the potential for debris or dust to
become airborne.
8. Manual cleaning of the demolition site to remove all asbestos materials from the site.
9. All trucks and/or trailers must have solid metal end-gates.
If city water is not available,the Contractor shall have a water truck on standby during the
demolition to maintain a sufficient source to maintain wetting of RACM.
Contractor shall be responsible for providing protective gear and equipment to its agents and
employees and for ensuring its proper utilization in the event of an encounter with asbestos in the
debris being removed as well as the RACM designated structures.
PART 2 -EXECUTION
2.01 DEMOLITION SCHEDULE
The Contractor shall complete the Project in an expeditious manner and shall commence work
upon execution of the contract by the parties. It is intended that the contractor shall request a
waiver to the normal ten (10) day waiting period required by the Iowa Department of Natural
Recourses (IDNR). The site shall be completely fenced and secured when left unattended.
Contractor shall complete all demolition work and debris removal required by these specifications
within the same business day of starting the work. All work shall be completed within fourteen
(14) days of the date of commencement. If Contractor is prevented from timely completing the
work because of circumstances beyond the Contractor's reasonable control as determined by the
City, the time for completion of the work will be tolled for a period of time equivalent to the
stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge
and agree that time is of the essence of this Contract, and,thus, failure by the Contractor to timely
render and perform services hereunder shall constitute a material break of the Contract.
2.02 SALVAGE OF DEMOLITION MATERIALS
The Contractor shall not be allowed to salvage materials from any part of the property on this
project.
2.03 DEMOLITION AND REMOVALS
A. Structural Parts of Buildings
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1. No wall or part thereof shall be permitted to fall outwardly from any building except
through chutes or by other controlled means or methods, which will ensure safety and
minimize dust, noise and other nuisance.
2. Any part of a building, whether structural, collateral, or accessory, which has become
unstable through removal of other parts, shall be removed as soon as practicable and no
such unstable part shall be left free-standing or inadequately braced against all reasonably
possible causes of collapse at the end of any day's work.
B. Basements and Foundation Walls: Cement slabs and footings or foundations of structures
without basements are to be completely removed. If basements or crawl spaces are present they
must be completely removed.
C. Concrete Slabs: The Contractor shall remove all concrete slabs, asphalt, surface obstructions,
masonry slabs and appurtenances, unless otherwise directed.
D. Signs and Landscape Structures: Landscape structures or signs must be removed with the
project. The Contractor shall employ hand labor or other suitable tools and equipment necessary
to complete the work without damage to adjacent public or private property or the items noted
above. Where such landscape structures or signs are removed,the area shall be graded to match
adjacent natural grade levels or as directed by the City's Project Manager. The cost of any tree
or brush removal due to the removal and grading out of any landscape structures or signs will be
considered incidental and shall be included in the lump-sum bid for demolition.
E. Fences: Fences, guardrails, and similar facilities shall be completely removed from the site. All
posts for support shall be pulled out or dug up so as to be entirely removed.
F. Partially Buried Objects: All piping, posts, reinforcing bars, anchor bolts, railings and all other
partly buried objects protruding from the ground shall be removed. The remaining void shall be
filled with soil and compacted in accordance with these specifications.
G. Vegetation: The Contractor shall remove all stumps, bushes, vegetation, brush and weeds,
whether standing or fallen, other than trees.
H. Fuel Tanks: If applicable, fuel tanks, above or below ground, shall be carefully removed and
disposed of in a safe manner in accordance with the State Fire Marshal's regulations and those of
the Iowa Department of Natural Resources.
1. Fuel tanks, above or below the ground, or tanks which have been used for storage of
gasoline, kerosene, benzene, oils or similar volatile materials shall be carefully removed
and disposed of in a safe manner.
2. All other tanks or receptacles shall be pumped out or emptied in a safe manner, and then
shall be flushed out immediately with water, carbon dioxide or nitrogen gas until they are
gas-free when checked with a"Explosimeter" or another equally efficient instrument,
before the work of removal is begun. Checking with the "Explosimeter" shall be done in
the presence of the City's Project Manager by competent personnel.
2.04 Reserved.
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2.05 DISPOSAL OF DEMOLITION DEBRIS AND SOLID WASTE
A. Acknowledgement: The Contractor acknowledges, represents and warrants to the City that it is
familiar with all laws relating to disposal of RACM materials as stated herein and is familiar
with and will comply with all applicable guidelines, requirements, laws, regulations, of any
federal, state or local agencies or authorities. The Contractor acknowledges and understands that
any disposal, removal,transportation or pick-up of any materials not covered under the scope of
work or not in compliance with these specifications shall be at the sole risk of the Contractor.
The Contractor understands that it will be solely responsible for any liability, fees, fines, claims,
etc., which may arise from its handling of materials not covered by the scope of work or not in
compliance with these specifications.
B. Debris: All materials, rubbish, and trash shall be removed from the demolition area leaving the
demolition area free of debris. Any cost incurred by the City in cleaning up such materials and
debris left behind shall be deducted from funds due the Contractor under this contract.
C. Tires, Household Hazardous Waste, White Goods and Electronics: There will be no
separation of any of the before listed materials as all structures have been identified as unsafe to
enter and RACM.
D. Disposal of Demolition Debris and Solid Waste:
1. All debris and solid waste shall be delivered by the Contractor to the Black Hawk County
Landfill. The Contractor shall be responsible to pay all fees for waste disposal. The
Contractor shall submit to the City's Representative copies of all disposal tickets for
entire project. The cost of all disposal fees shall be considered incidental to the
demolition.
2. All loads shall be secured while in transit, and all trucks used for disposal shall have a
solid metal tailgate. Tarps and netting shall be used to prevent loss or dispersal of debris
during transit and to minimize the threat of harm to the general public, private property
and public infrastructure.
E. Asbestos Abatement: There will be no asbestos testing or abatement as all structures have been
identified as unsafe to enter and RACM. The handling of asbestos material is subject to all
applicable state and federal mandates.
F. Freon Removal and Disposal: There will be no separation or handling of the before listed
materials as all structures have been identified as unsafe to enter and RACM.
G. PCB and Mercury Removal and Disposal: There will be no separation or handling of the
before listed materials as all structures have been identified as unsafe to enter and RACM.
2.06 BACKFILL, GRADING,AND CLEAN UP
A. Backfill:
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B. Hand Labor: The Contractor shall employ hand labor where the use of power machinery is
unsafe or unable to produce a finished job. Hand labor shall also be used to clean the site of any
debris.
C. Grading: The site shall be graded to conform to all surrounding areas and shall be finished to
have a uniform surface that shall not permit ponding of water. The Contractor shall grade and
shape the site to drain, complete final clean up as part of the lump sum price for demolition.
D. Final Cleaning Up:
a. Before acceptance of the demolition work,the Contractor shall remove all unused
material and rubbish from the site of the work, remedy any objectionable conditions the
Contractor may have created on private property, and leave the right-of-way in a neat and
presentable condition. The Contractor shall not make agreements that allow salvaged or
unused material to remain on public or private property at or adjacent to the project area.
All ground occupied by the Contractor in connection with the work shall be restored.
Restoration shall include grading and erosion control that meets applicable standards and
regulations.
b. Final cleaning up shall be subject to approval of the City's Project Manager and in
accordance with applicable regulations. All pieces, parts, scraps, debris, rubbish, wood
or organic materials from demolition activities shall be cleaned up and removed from the
premises on a weekly basis. Final cleanup after a structure is demolished shall include
complete and thorough removal from the premises of all parts or pieces of the building,
its contents and its furnishings, including all debris, organic materials, rubbish, wood,
concrete and masonry rubble. All hazardous open pits and recesses shall be securely
fenced with thoroughly tamped earth or mortar, whichever is completely required to
eliminate the hazard.
2.07 UTILITY DISCONNECTIONS
The Contractor shall be responsible for coordinating with private utility companies for disconnection of
services, including, but not limited to, electricity, natural gas, cable television, phone and interne.
A. Sanitary Sewer Service Disconnection: All sanitary sewer services shall be disconnected
before demolition work begins and plugged in conformance with requirements of the City. The
Contractor shall not backfill the area prior to inspection by the Waterloo Building Inspections
Department. Contractor may contact the Waterloo Building Inspections Department for
requirements to comply with this specification.
B. Water Service Disconnection: All water services and stubs for the buildings or properties
within the demolition work shall be disconnected before demolition work begins in conformance
with the requirements of the City. The Contractor shall not backfill the area prior to inspection
by Waterloo Water Works. Contractor may contact the Waterloo Water Works for requirements
to comply with this specification.
C. Backfill and Compaction within City Right-of-Way:
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1. Streets: The Contractor shall backfill, compact as specified and patch the surface of all
excavations made in streets. The cost shall be paid by the Contractor.
2. Public Right-of-Way: All areas within the public right-of-way (including parking and
sidewalk areas) shall be compacted.
2.08 EROSION CONTROL
All disturbed areas associated with the work shall be broadcast seeded and fertilized in order to
prevent erosion. The following seed mixture shall be used:
40% Berkshire Hard Fescue
30% Treazure Chewing Fescue
30% Badger Creeping Red Fescue
Required application rate: 10 pounds per 1,000 SF.
Straw mulch is required and a 21-7-14 fertilizer at 3 pounds per 1,000 SF to be used after the
seed has been applied.
2.09 SAFETY AND FENCING
A. Safety: The Contractor shall comply with all applicable current federal, state and local safety
and health regulations.
B. Safety Fencing: The Contractor shall furnish and place a safety fence around the site adequate
enough to secure the demolition site, including any resulting debris or excavation, and to prevent
pedestrian access. The safety fence shall remain in place until the demolished materials are
removed from the site and all holes or excavated areas are backfilled. The fencing material shall
remain the property of the Contractor.
C. Demolition Techniques: The Contractor shall employ good demolition techniques, which
includes, but is not limited to:
1. Using demolition techniques that minimize ground disturbance. All trees and shrubs
shall be removed from entire site.
2. Maintaining the practice of keeping personnel at a safe distance from demolition
activities.
3. Loading the materials with techniques to maintain a sufficient distance from personnel to
reduce excessive exposure to airborne material.
4. Tarping loads and otherwise preventing material from becoming airborne during hauling.
5. Manual cleaning of the demolition site to remove all materials from the site.
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Contractor shall be responsible for providing protective gear and equipment to its agents and
employees and for ensuring its proper utilization.
2.10 AUTHORIZED WORKERS
Only the Contractor and its employees are allowed to demolish, dismantle, detach or dispose of
any part of the demolition structure or its contents. Other individuals or entities that the
Contractor intends to allow to salvage materials shall only be allowed on the premises after fully
satisfying the insurance requirements specified in Section 2.02 above.
2.11 DAILY CLEAN UP OF RIGHT-OF-WAY AND PRIVATE PROPERTY
At the end of each workday,the Contractor shall clean sidewalks, streets, and private property of
any debris caused by the demolition operation.
2.12 Reserved
2.13 EQUIPMENT
1. The Contractor shall be equipped with the normal tools of the trade and shall furnish all
labor, tools, and other items necessary for and incidental to executing and completing all
required work.
2. All equipment and vehicles utilized by the Contractor shall meet all the requirements of
federal, state and local regulations, including, without limitation, all US DOT, Iowa DOT and
safety regulations, and are subject to approval of the City. All loads must be secured and
tailgates must be used on all loads. Sideboards must be sturdy and may not extend more than
two feet above the metal sides of the truck or trailer. Trucks shall carry a supply of absorbent
to be used to pickup any oil spilled from loading or hauling vehicles.
3. Contractor shall submit copies of the loads tickets generated during project to the Project
Manager that identifies the disposal site (Black Hawk County Landfill—refer to 2.05 (D)
Disposal of Demolition Debris and Solid Waste)to which the materials were delivered. Such
tickets shall be required to process billing statements by the Contractor.
2.14 ARCHAEOLOGY
In the event that archaeological deposits (soils, artifacts and features, including cisterns, privies
and the like), or other remnants of human activity are uncovered, or if archaeological deposits
are found during demolition, the project will be halted immediately in the vicinity of the
discovery, and the Contractor will take reasonable measures to avoid or minimize harm to finds.
The Contractor will inform the Project Planner who will in turn notify the City. The City will
then inform the State Historical Society of Iowa(SHSI) immediately. Work in the sensitive area
cannot resume until a qualified archaeologist determines the extent of the discovery,
consultations between SHSI are complete, and the City has been notified by SHSI.
2.15 PRICING
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This is a, lump sum contract; all bids, bid components are on a"not to exceed"basis. Change
orders, additions, deletions and any other changes in the scope of work, will take the form of
written amendments mutually agreed to by Contractor and City. In the case of mathematical
errors, transposition of figures and the like, actual bid tabulation totals will take precedence over
summary bid figures.
2.16 PROPERTY DAMAGE
Except as otherwise agreed in writing, the Contractor shall be responsible for all damages to
public and private property. The Contractor shall be responsible for having at least one person of
authority and responsibility at the job site, and shall keep a report of all damage. If public or
private property is damaged by the Contractor and is not repaired in a timely manner as
determined by the City, the City has the option of having the damage repaired at the Contractor's
expense to be reimbursed to the City, withheld from future payments of the Contractor, or paid
from the performance bond.
11
CONTRACT FOR EMERGENCY DEMOLITION AND SITE CLEARANCE SERVICES
[Regulated Asbestos Containing Materials (RACM)]
626-628 W 9th Street
This Contract for Emergency Demolition and Site Clearance Services (RACM) (the
"Contract") is entered into as of March 15, 2012, by and between the City of Waterloo, Iowa
("City") and Benton's Sand and Gravel Inc. ("Contractor").
In consideration of the mutual promises exchanged herein,the parties agree as follows:
1. Services. For a period of 14 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. Proposal
b. Specifications for Demolition and Site Clearance
c. Signature Page
d. 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 $56,100.00 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 two (2) 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. See addendum attached hereto and by this reference made a part
hereof.
6. Property Damage. Except as provided in the special indemnity addendum hereto,
Contractor shall be responsible for all damage to public or private property caused by or arising
from its activities. 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.
7. 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;
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.
2
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.
8. 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.
9. Non-Assignable Duties. Contractor may not assign its duties hereunder without
the prior written consent of City.
10. 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.
11. 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.
12. 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.
13. 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 Emergency
Demolition and Site Clearance Services as of the date first set forth above.
3
CITY OF WATERLOO, IOWA BENTON'S SAND AND GRAVEL INC.
By: By:
Ernest G. Clark, Mayor
Title:
Attest:
Suzy Schares, City Clerk
4
SPECIAL INDEMNITY ADDENDUM
Whereas, the City of Waterloo, Iowa("City") and Benton's Sand and Gravel, Inc.
("Contractor") are parties to a certain agreement(the "Demo Contract") for Contractor to
demolish a multi-unit residential building (the "Structure") on real property owned by City at
626-628 W. 9th Street, Waterloo; and
Whereas,the Structure is over a century old, is of brick construction, and has begun to
collapse, endangering the physical integrity of the remainder of the Structure, and the parties,
having examined the current condition of the Structure, are concerned that demolition of the
Structure poses heightened risks that the Structure may collapse in an uncontrolled fashion; and
Whereas, less than five feet from one end of the Structure is a similar building on land
owned by a third party at 620-622 W. 9th Street(the "Adjacent Building"), which would be in
danger of being damaged to an unforeseeable extent should the Structure collapse in an
uncontrolled manner during demolition;
Now, therefore, in recognition of the circumstances described above and the need to
demolish the Structure on an emergency basis, the parties agree that the following terms shall be
included in the Demo Contract:
1. City agrees to indemnify Contractor from and against any and all claims,
demands, causes of action, damages, costs and liabilities of any type or nature, including
reasonable attorney's fees, arising from or in connection with damage to the Adjacent Building
that results from an uncontrolled collapse of the Structure during Contractor's demolition
activities.
2. Notwithstanding the foregoing, Contractor agrees to use all reasonable methods in
the circumstances to mitigate the risk of an uncontrolled collapse of the Structure that would
cause damage to the Adjacent Building and to undertake all activities of demolition with due
care. Except to the limited extent modified by this addendum, all terms and conditions of the
Demo Contract shall remain unmodified and in full force and effect.
CITY OF WATERLOO, IOWA BENTON'S SAND AND GRAVEL, INC.
By: , , By:
Mayor
Title:
NOTICE OF SPECIAL MEETING
OF
CITY COUNCIL, CITY OF WATERLOO, IOWA
TO CITY COUNCIL MEMBERS OF THE CITY OF WATERLOO, IOWA:
You are hereby notified that a Special Session of the City Council will be held
immediately after the Council Work Session on Thursday, March 15, 2012, in the City Hall
Council Chambers, 715 Mulberry Street, to approve resolution permitting potential emergency
demolition/acquisition activities for 626-628 W. 9th Street—Submitted by Noel Anderson,
Community Planning & Development Director. No other official business will be conducted at
said meeting.
&t —
Ernest
G. Clark, Mayor
Due, timely and legal service of the above notice is hereby accepted the 15th day of
March, 2012 by me a dully elected, qualified and acting Councilperson of W. -rloo, Iowa.
C / ��j , rd
David Jones
I, Suzy Schares, hereby certify that I have served the above notice of Councilperson
David Jones distributing same to him personally.
Szy Schares, City Clerk
NOTICEOFSPECIAL MEETING
OF
CITY COUNCIL, CITY OF WATERLOO, IOWA
TO CITY COUNCIL MEMBERS OF THE CITY OF WATERLOO, IOWA:
You are hereby notified that a Special Session of the City Council will be held
immediately after the Council Work Session on Thursday, March 15, 2012, in the City Hall
Council Chambers, 715 Mulberry Street, to approve resolution permitting potential emergency
demolition/acquisition activities for 626-628 W. 9th Street —Submitted by Noel Anderson,
Community Planning & Development Director. No other official business will be conducted at
said meeting.
0--447)1"-
Ernest G. Clark, Mayor
Due, timely and legal service of the above notice is hereby accepted the 15th day of
March, 2012 by me a dully elected, qualified and acting Councilperson of Waterloo, Iowa.
Bob Greenwood
I, Suzy Schares, hereby certify that I have served the above notice of Councilperson Bob
Greenwood distributing same to him personally.
Suzy Schare City Clerk
NOTICE OF SPECIAL MEETING
OF
CITY COUNCIL, CITY OF WATERLOO, IOWA
TO CITY COUNCIL MEMBERS OF THE CITY OF WATERLOO, IOWA:
You are hereby notified that a Special Session of the City Council will be held
immediately after the Council Work Session on Thursday, March 15, 2012, in the City Hall
Council Chambers, 715 Mulberry Street, to approve resolution permitting potential emergency
demolition/acquisition activities for 626-628 W. 9th Street—Submitted by Noel Anderson,
Community Planning & Development Director. No other official business will be conducted at
said meeting.
Ernest G. Clark, Mayor
Due, timely and legal service of the above notice is hereby accepted the 15t" day of
March, 2012 by me a dully elected, qualified and acting Councilperson of Waterloo, Iowa.
Ron Welper
I, Suzy Schares, hereby certify that I have served the above notice of Councilperson Ron
Welper distributing same to him personally.
Mow
Suzy chares, City Clerk
NOTICE OF SPECIAL MEETING
OF
CITY COUNCIL, CITY OF WATERLOO, IOWA
TO CITY COUNCIL MEMBERS OF THE CITY OF WATERLOO, IOWA:
You are hereby notified that a Special Session of the City Council will be held
immediately after the Council Work Session on Thursday, March 15, 2012, in the City Hall
Council Chambers, 715 Mulberry Street, to approve resolution permitting potential emergency
demolition/acquisition activities for 626-628 W. 9th Street—Submitted by Noel Anderson,
Community Planning & Development Director. No other official business will be conducted at
said meeting.
kk-utit
Ernest G. Clark, Mayor
Due, timely and legal service of the above notice is hereby accepted the 15th day of
March, 2012 by me a dully elected, qualified and acting Councilperson of Waterloo, Iowa.
Quentin Hart
I, Suzy Schares, hereby certify that I have served the above notice of Councilperson
Quentin Hart distributing same to him personally.
Suzy Shares, City Clerk
NOTICE OF SPECIAL MEETING
OF
CITY COUNCIL, CITY OF WATERLOO, IOWA
TO CITY COUNCIL MEMBERS OF THE CITY OF WATERLOO, IOWA:
You are hereby notified that a Special Session of the City Council will be held
immediately after the Council Work Session on Thursday, March 15, 2012, in the City Hall
Council Chambers, 715 Mulberry Street, to approve resolution permitting potential emergency
demolition/acquisition activities for 626-628 W. 9th Street—Submitted by Noel Anderson,
Community Planning & Development Director. No other official business will be conducted at
said meeting.
L )_d _k__SLJY151
Ernest G. Clark, Mayor
Due, timely and legal service of the above notice is hereby accepted the 15th day of
March, 2012 by me a dully elected, qualified and acting Councilperson of Waterloo, Iowa.
mtv
NW ALA44-MAX
S eve Schmitt
I, Suzy Schares, hereby certify that I have served the above notice of Councilperson
Steve Schmitt distributing same to him personally.
Suzy Shares, City Clerk
NOTICE OF SPECIAL MEETING
OF
CITY COUNCIL, CITY OF WATERLOO, IOWA
TO CITY COUNCIL MEMBERS OF THE CITY OF WATERLOO, IOWA:
You are hereby notified that a Special Session of the City Council will be held
immediately after the Council Work Session on Thursday, March 15, 2012, in the City Hall
Council Chambers, 715 Mulberry Street, to approve resolution permitting potential emergency
demolition/acquisition activities for 626-628 W. 9th Street—Submitted by Noel Anderson,
Community Planning & Development Director. No other official business will be conducted at
said meeting.
DAA,,Q16;
Ernest G. Clark, Mayor
Due, timely and legal service of the above notice is hereby accepted the 15th day of
March, 2012 by me a dully elected, qualified and acting Councilperson of Waterloo, Iowa.
1J
Harold Getty
I, Suzy Schares, hereby certify that I have served the above notice of Councilperson
Harold Getty distributing same to him personally.
Suzy Sch res, City Clerk
NOTICE OF SPECIAL MEETING
OF
CITY COUNCIL, CITY OF WATERLOO, IOWA
TO CITY COUNCIL MEMBERS OF THE CITY OF WATERLOO, IOWA:
You are hereby notified that a Special Session of the City Council will be held
immediately after the Council Work Session on Thursday, March 15, 2012, in the City Hall
Council Chambers, 715 Mulberry Street, to approve resolution permitting potential emergency
demolition/acquisition activities for 626-628 W. 9th Street—Submitted by Noel Anderson,
Community Planning & Development Director. No other official business will be conducted at
said meeting.
Ernest G. Clark, Mayor
Due, timely and legal service of the above notice is hereby accepted the 15th day of
March, 2012 by me a dully elected, qualified and acting Councilperson of Waterloo, Iowa.
Carolyn Cole
I, Suzy Schares, hereby certify that I have served the above notice of Councilperson
Carolyn Cole distributing same to him personally.
Suzy Schares, City Clerk