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HomeMy WebLinkAboutLansing Bros Construction Co Inc LANSING BROS. CONSTRUCTION CO., INC. 101 First Street East P. O . Box 36 Luxemburg , Iowa 52056 r A601 � Y Y 70 LANSING BROS. CONSTRUCTION CO., INC. 101 First Street East P. O . Box 36 Luxemburg , Iowa 52056 o chi'(/ .�i4 ���� 1211 Bid Bond RAIA Document A31 0 Tm - 2010 CONTRACTOR: Name, legal status and address) Bid Bond No . GR21349 LANSING BROS. CONSTRUCTION CO., INC. 101 E 1st St SURETY: Luxemburg , IA 52056 (Name, legal status and principal This document has important legal place of business) consequences . Consultation with an attorney is encouraged with Granite Ret Inc. respect to its completion or 14001 Quallbrook Dr modification . Oklahoma City, OK 73134 OWNER : Any singular reference to (Name, legal status and address) Contractor, Surety, Owner or other party shall be considered City of Waterloo plural where applicable. 715 Mulberry St Waterloo , IA 50703 BOND AMOUNT: Five Percent of the Bid Amount (5. 00% of Bid Amount) PROJECT : (Name, location or address, and Project number, if any) Demolition and Site Clearance Services (RACM) Demolition - 115 Summer Street Project # RD -2020- 12- 01P The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (I) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days . If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the terns Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond . Signed and sealed this 24th day of November, 2020 LANSING OS, CONSTRUCTION COMN INC. (Pri c' (Seal) ( itness) (Titl ` Grant a Inc. L (Su (sea/) ( Witness) Molli J . Ha in % (Titte)Connie Smith, Attorney-in-Fact AIA Document A310T'"— 010. Co right ©1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. W RNING : This AIA Document is protected by s . Copy aht Law and International Treatles . unauthorized reproduction or distribution of this AIAO Document, or any portion of it, may result i vere civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law . urc asers are perms e o repro uce en copies o is ocumen w en comp e e . o repo copyrig vio a ions o Contract ocumen a MID The American Institute of Architects' legal counsel, coovrioht0aia.org . oe� iio GRANITE RE , INC . GENERAL POWER OF ATTORNEY Know all Men by these Presents ; That GRANITE RE, INC . , a corporation organized and existing under the laws of the State of MINNESOTA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint : i MICHAEL J . DOUGLAS; CHRIS STEINAGEL; CHRISTOPHER M . KEMP ; KARLA HEFFRON ; ROBERT DOWNEY; CONNIE SMITH ; KORY MORTEL; ELIOT MOTU its true and lawful Attorney- in -Fact(s) for the following purposes , to wit :: ; i To sign its name as surety to , and to execute , seal and acknowledge any and all bonds , and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and , made a` part of this Power of Attorney; ,and the said GRANITE RE, INC . through us , its Board of Directors , hereby ratifies and confirms all and whatsoever the said : MICHAEL J . DOUGLAS; CHRIS STEINAGEL; CHRISTOPHER M . KEMP ; KARLA HEFFRON ; ROBERT DOWNEY; CONNIE SMITH ; KORY MORTEL; ELIOT I MOTU may lawfully do in the premises by virtue of these presents . t In Witness Whereof, the said GRANITE RE, INC . has caused this instrument to be sealed with its corporate seal , duly attested by the signatures of its President and Secretary/Treasurer, this 3m day of January, 2020 . `veEay 4� [ Kenneth D . Whittin ton , President STATE OF OKLAHOMA ) ZG2 SS : [ COUNTY OF OKLAHOMA ) Kyle P. McDonald , Treasurer l i On this 3rd day of January, 2020 , before me personally came Kenneth D . Whittington , President of the GRANITE RE, INC. Company and Kyle P . McDonald , Secretary/Treasurer of said Company, with both of whom I am personally acquainted , who being by me severally duly sworn , said , that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Secretary/Treasurer of hich executed the foregoing Power of Attorney; that they each knew the seal of said GRANITE RE; INC . , the corporation described in and w corporation ; that the seal affixed to said Power of Attorney was such corporate seal , that it was so fixed by order of the Board of Directors of said corporation , and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company. I j � my Commission Expires : '— Notar Public August 8 , 2021 } Commission #: 01013257 GRANITE RE, INC. Certificate THE UNDERSIGNED , being the duly elected and acting Secretary/Treasurer of Granite Re , Inc . a Minnesota Corporation , HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 151 1987 , minutes of the meeting of the Board of Directors of Granite Re , Inc. and that said Power of Attorney has not been revoked and is now in full force and effect . 'RESOLVED , that the President, any Vice President , the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys - in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business . On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal , or a facsimile thereof, may be impressed or affixed or in any other manner reproduced ; provided , however, that the seal shall not be necessary to the validity of any such instrument or undertaking :' I I NESS WHERE F the ndersignedAias subscribed this Certificate and affixed the corporate seal of the Corporation this 20 SEAL `x, «=e� Kyle P. McDonald , Secretary/Treasurer GRO800 - 1 December 1 , 2020 City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Re : RFB for Demolition and Site Clearance Services (RACM) Demolition Contract #RD-202042-011` Voluntary Alternate Chris Western, We are submitting a voluntary alternate bid for the RACM Demolition of the 115 Sumner Street building. Scope of Work Building materials that will include concrete slabs, foundations, and footings that can be cleaned and separated and areinspected by a State of Iowa Licensed Asbestos Inspector to be free of regulated asbestos containing material will be hauled and disposed of as solid fill and not RACM at the Blackhawk County Landfill . All work to be completed per Iowa DNR requirements . Cost Deduct to Base Bid 0�� +121y If you have any questions, you can contact me at 563 -543 -7360 cell . RespErother d, Chadsistruction i EXHIBIT ""A" SIGNATURE PAGE 115 Sumner Street The undersigned Proposer/ Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full . 115 Sumner Street $ / 8 50 a_ Total $ v o ��,// �/ Total in written form : / 7 �GW 21ou � f11Xu4,j012a ly Submitting Firm . /(f 11U 6 j912fl9 S Ga�5y2G�C7.x/ . Z� c Address : City : �`�G State : �� Zip : J Authorized Representative (print) Authorized Representative Signature / Date : Z/ 317v � 'Email : C �/ f� > fl�l Ql I cc> / 2 �7 _ Phone : - JS�3-- 3� Fax : 3 - �� �7o EXCEPTIONS/ DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document pro7edrthe Bidder. Please be as specific as possible . Please check one : mpany has no exceptions/deviations . Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION . Freight and/or delivery charges, if any, shall be included in the price . FIRM PRICING . Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance ofa�y addenthori d representative herby acknowledges receipt of the following addenda . A006 '4* Addenda Number . Date Addenda Number Date F1We choose not to bid at this time but would like to be considered for future requests for bid 9 WATERLOO ,CITY OF IOWA Request for Bid DEMOLITION AND SITE CLEARANCE SERVICES [with Regulated Asbestos - Containing Materials ( RACM )] ( RACM ) Demolition Contract # RD -2020- 12 =01 P 115 Sumner Street City of Waterloo , Iowa Prepared by City of Waterloo Planning and Zoning Department SECTION I NOTICE OF REQUEST FOR BID 1 . 0 Receipt and Opening of Bid The City of Waterloo is seeking sealed bids for the ( RACM ) demolition , removal , disposal and site clearance of 115 Sumner Street All bids must be received in a sealed envelope in the City Clerk ' s Office , Waterloo City {call , 715 Mulberry Street , Waterloo , IA 50703 (date and time stamped) by Thursday December 3 , 2020 at 1 : 00 p . m . ( our clock) , Central Time , in order to be considered . City Hall is located at 715 Mulberry Street, Waterloo , Iowa . Bids sent electronically or via facsimile will not be accepted . The mailing container or envelope shall be plainly marked on the outside with the notation ' SEALED RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES — ( RACM ) Demolition Contract # RD-2020- 12-01P , and the name of the company submitting the bid . 1 . 1 RFP Timeline Name of the Bid : Demolition and Site Clearance Services (RACM) Demolition Contract # RD-2020- 12-01 P — 115 Sumner Street Notice of RFB Date : November 16 , 2020 Mandatory Walk Thru Date : 1 p . m . Tuesday November 24, 2020 Deadline for Bid Submittal : Thursday December 3 , 2020 at 1 : 00 p . m . , Central Time Submit Sealed Bid to : Address exactly as stated : SEALED RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES - (RACM ) DEMOLITION CONTRACT # RD-2020- 12-01 P City Hall City Clerk's Office 715 Mulberry Street Waterloo , IA 50703 Method of Submittal : Mail or Overnight Delivery, In Person ( No Electronic or Fax Submittals) Contact Person, Title : Chris Western , Planner II/Project Manager (City's Representative) E-mail Address : chris . western ( waterloo-ia . orq Phone/ Fax Numbers : Phone : 319-2914366 Fax: 319-2914262 RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (RACM) Demolition Contract # RD-2020-12-01 P: 115 Sumner Street Page 2 of 8 1 . 2 The City reserves the right to accept or reject any or all bids and to waive any informalities or irregularities in bids if such waiver does not substantially change the offer or provide a competitive advantage to any Bidder. The City reserves the right to defer acceptance of any bid for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving bids . 1 . 3 The City is not responsible for delays occasioned by the U . S . Postal Service , the internal mail delivery system of the City, or any other means of delivery employed by the Bidder. Similarly, the City is not responsible for, and will not open , any bid responses that are received later than the date and time stated above . Late bids will be retained in the RFP file , unopened . No responsibility will be attached to any person for premature opening of a bid not properly identified . 1 .4 Bids will be opened on Thursday December 3 , 2020, at 1 : 00 pm (our clock) Central Time in the First Floor Conference Room , City Hall , 715 Mulberry Street, Waterloo . The main purpose of this opening is to reveal the name (s ) of the Bidder(s) , not to serve as a forum for determining the awarded bid (s ) . 1 . 5 Bids will be evaluated promptly after opening . After an award is made , a bid summary will be sent to all companies who submitted a bid . Bids may be withdrawn anytime prior to the scheduled closing time for receipt of bids ; no bid may be modified or withdrawn for a period of sixty (60 ) calendar days thereafter. SECTION II INSTRUCTIONS TO BIDDERS 2 . 0 The Bid shall include the attached Exhibit "A" signature page , properly completed . A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFB and agree to all terms and conditions , except as provided in paragraph 2 .4 below. By making a Bid , the Bidder represents that they have examined the subject properties . Any questions about the meaning or intent of the specifications must be submitted no later than seven days prior to the Deadline for Bid Submittal listed above . The City of Waterloo reserves the right to reject any or all bids , and to accept in whole or in part, the bid , which , in the judgment of the bid evaluators , is the most responsive and responsible bid . 2 . 1 General Liability Insurance with limits of liability of at least $ 1 , 000 , 000 per occurrence for Bodily Injury and Property Damage . At a minimum , coverage for Premises , Operations , Products and Completed Operations shall be included . This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work . 2 . 1 . 1 The City reserves the right to require increased liability limits , not to exceed Fifteen Million Dollars ($ 15 , 000 , 000 ) from bidders , should the project represent an elevated hazard level to the City as determined by the Insurance Committee . 201 m2 Commercial General Liability Insurance Policy, including but not limited to , insurance for premises construction operations (when applicable ) , contractual liability , completed operations with respect to liability arising out of the ownership , use , occupancy or maintenance of the premises and all areas appurtenant thereto , to afford protection with respect to RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (RACM) Demolition Contract # RD-2020-12-02P: 115 Sumner Street Page 3 of 8 bodily injury, personal injury , death or property damage of not less than One Million Dollars ($ 1 , 000 , 000 ) per occurrence combined single limit/Two Million Dollars ($2 , 000 , 000) general aggregate . 2 . 1 . 3 Comprehensive Automobile Liability Insurance Policy with limits for each occurrence of not less than One Million Dollars ($ 1 , 000 , 000 ) Combined Single Limit with respect to bodily injury, property damage or death . 2 . 1 . 4 Workers Compensation Insurance Policy or similar insurance in form and amounts required by law. 2 . 1 . 5 Coverage must be maintained by a financially stable carrier with a minimum AM Best rating of A- or above . It will be the outside party' s responsibility to provide proof of their carriers rating . 221 a6 The City of Waterloo , Iowa will be named as an additional insured with respect to all casualty insurance policies . 2 . 1 . 7 Certificate of insurance will be submitted to the City Clerk prior to commencement of the contract/agreement and shall include a thirty-day notice of cancellation provision . 2 . 1 . 8 If the outside party fails to perform any of its obligations under the City's Insurance and Policy Requirements , Waterloo reserves the right to either purchase the required insurance coverage and assess the cost directly to the outside party , or to declare the outside party's bid invalid . 2 . 2 Bonds 2 .2 . 1 A guarantee from each Bidder equivalent to five percent (5%) of the price is required . The guarantee shall consist of a firm commitment, such as a bond , certified check , or other negotiable instrument acceptable to the City, as assurance that the Bidder will , upon acceptance of its bid , execute such contractual documents as may be required within the time specified . 2 . 2 . 2 Successful Bidder 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 . 2 . 3 This Request for Bid does not commit the City to make an award , nor will the City pay any costs incurred in the preparation and submission of bids , or costs incurred in making necessary studies for the preparation of bids . 2 . 4 Important Exceptions to Contract Documents - The Bidder shall clearly state in the submitted bid any exceptions to , or deviations from , the minimum bid requirements , and any exceptions to the terms and conditions of this RFB . Such exceptions or deviations will be considered in evaluating the bids . Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFB may cause their bid to be rejected . No additional exceptions shall be allowed after submittal of a bid . RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (RACM) Demolition Contract # RD-2020-12-01P: 115 Sumner Street Page 4 of 8 2 . 5 Incomplete Information - Failure to complete or provide any of the information requested in this RFB , including references , and/or additional information as indicated , may result in disqualification by reason of "non responsiveness" . SECTION III SPECIAL TERMS AND CONDITIONS 3 . 0 Term of Contract 3 . 0. 1 The initial term of the Contract shall be for three (3) months, anticipated to be from the award of contract starting December 14, 2020 to March 14, 2020 . 3 . 0 . 2 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin , assuming the insurance requirements have been met. Each section contained herein , any addenda and the response (Bid ) from the successful bidder shall also be incorporated by reference into the resulting Contract . 3 . 0 . 3 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase , the Contractor shall provide documentation on the requested increase . The City reserves the right to accept or reject price increases , to negotiate more favorable terms , or to terminate (or allow to expire) without cost, the future performance of the Contract . 3 . 0 .4 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3 . 1 Agreement Forms 3 . 1 . 1 After award , the Bidder will be required to enter into a written contract with the City that is substantially in the form attached hereto as Exhibit "C" . 3 . 1 . 2 . Termination for Cause . In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the 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 under the Contract. 3 . 1 . 3 Termination for Convenience . The 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 the Contract at any time by delivering to Contractor 10-days ' advance written notice of intent to terminate . 3 . 1 .4 Remedies . If Contractor is in default of the Contract and has not cured said default as set forth in Section 3 . 1 . 2 above , the City may take any one or more of the following steps , at its option : 3 . 1 . 4 . 1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (RACM) Demolition Contract # RD-2020- 12-0213 : 115 Sumner Street Page 5 of 8 3 . 1 .4 . 2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3 . 1 .4 . 3 declare a default of the Contract, make no further disbursements , and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; 3 . 1 .4.4 terminate the Contract by delivering to Contractor a written notice of termination ; and/or 3 . 1 .4 . 5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds . 3 . 1 . 4 . 6 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 under the Contract , Contractor agrees to pay the reasonable attorneys ' fees and expenses incurred by City. 3 .2 Terms of Payment 3 . 2 . 1 Services authorized under this Contract shall be submitted as " lump sum" after services are delivered and accepted . 3 . 2 . 2 City has the right, at its discretion , to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved , and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed . 1203 All work is to be done in strict compliance with this RFP and Demolition Specifications attached as Exhibit " B" . The City may withhold payment for reasons including , but not limited to, the following : unsatisfactory job performance or progress , defective work, disputed work , failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause . SECTION IV SERVICE REQUIREMENTS 4 . 0 Background The City of Waterloo , Iowa , is seeking bids for demolition and site clearance services for demolition with regulated asbestos containing material ( RACM ) of. 115 Sumner Street 4 . 1 Scope of Work The City of Waterloo is seeking a qualified demolition contractor to demolish the structures and clear the site . The Bidder understands and agrees that demolition and debris removal in the most expeditious manner possible is of the utmost importance and it will make every effort to complete all requirements of the Contract in the shortest time possible . The services to be performed under this Contract shall consist of the work described in the separate "Demolition Specifications" document (attached Exhibit " B") and shall be performed RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (RACM) Demolition Contract # RD-2020-12-01P : 115 Sumner Street Page 6 of 8 according to the standards set forth therein and herein . Any reference in this RFP to "this specification" shall include such Demolition Specifications . Bidder shall be responsible to familiarize itself with the specifications and to make a personal examination of the job site(s) and the physical conditions that may affect its performance under the contract. The City has designated these structures as immediate threat, structurally unsound , Regulated Asbestos Containing Material ( RACM) structures , and their demolition and removal , including basements and cement slabs of basement-less structures , must be handled as such . The structures and basements (or slab of a basement-less structure ) must be demolished and removed in a single day; if all RACM material cannot be removed in a single day, the RACM material will be thoroughly wetted and completely covered and secured with polyethylene plastic sheeting until demolition activities resume . Because of the RACM demolition designation , the Bidder must be licensed/permitted to perform the type of work proposed herein . All RACM disposals will be delivered to the Black Hawk County Landfill site, and copies of all landfill tickets will be provided to the City of Waterloo . 4 . 2 Silence of Specifications — Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification . Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Bid . SECTION V METHOD OF EVALUATION 5 . 0 Contract Award - Any Contract award (s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council . 5 . 0 . 1 Award of Contract shall be made to the most responsible and responsive bid from a Company whose bid offers the greatest value to the City with regard to the criteria detailed and the specifications set forth herein . The City may select a Bidder based on an "all or none" bid , on individual responses , or as is otherwise deemed to be in the best interest of the City. 5 . 1 Financial Terms will not be the sole determining factor in the award . To determine the award , the City will award a contract to the Bidder offering services and experience that best represents the overall value to the City. 5 . 2 Bid Evaluation Procedures 5 . 3 . 1 Each bid will be evaluated based on experience and the evaluator's judgment of how well the bid addresses the City's requirements . Each prospective company is assured that any bid submitted will be evaluated using the best available information and without any forgone conclusions . 5 . 3 . 2 Consideration will also be given to solicited written clarification provided during the evaluation process and input from staff or other persons judged to have useful expertise that should be considered in a responsible , fair assessment of the relative merits of each bid . RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (RACM) Demolition Contract # RD-2020-12-0213: 115 Sumner Street Page 7 of 8 5 . 3 A Bidder's submission of a bid constitutes its acceptance of this evaluation technique and its recognition and acceptance that subjective judgments will be used by the evaluators in the evaluation . 5 . 4 Following the evaluation process , the award process is as follows : 5 . 5 . 1 The evaluators shall determine which bidder has submitted the best bid using the criteria set forth above , and make its recommendation to the City Council . 5 . 5 . 2 The City Council considers a resolution awarding the Contract and authorizing the Mayor to execute the Contract on behalf of the City. Note , no Contract shall be deemed to be created and exist unless and until the City Council adopts a resolution awarding the Contract and authorizes the Mayor to sign the Contract. 5 . 5 . 3 The Mayor executes the Contract. eel Ile RFB FOR DEMOLITION AND SITE CLEARANCE SERVICES (RACM) Demolition Contract # RD-2020-12-01P: 115 Sumner Street Page 8 of 8 EXHIBIT ` B" CITY OF WATERLOO SPECIFICATIONS FOR DEMOLITION AND SITE CLEARANCE [removal of Regulated Asbestos Containing Materials (RACM)J PART I - GENERAL 1 .01 CITY REPRESENTATIVES The City' s Representatives for this project are : Chris Western, Planner IUProject Manager, and Aric Schroeder, City Planner (collectively, City ' s Representative) . 1 .02 DESCRIPTION OF WORK Unless directed otherwise in the Contract Documents or by the City' s Representative, the Contractor shall : A. Remove and properly dispose of all structures, incidental demolition debris, basement walls, floors, foundations, private sidewalks (excludes public sidewalk in street right-of- way), steps, driveways and all trees from the specified properties . B . Properly deal with any fuel tanks, outdoor toilets and septic tanks, cisterns , meter pits , and plug or abandon wells in accordance with standards prescribed in Part 2 . C . Remove the materials from the demolition site in accordance with federal, state and local regulations . D . Remove and dispose of appliances and other items that may contain refrigerants in accordance with 40 CFR, Part 82 . Appliances and other items that may contain refrigerants include, but are not limited to, refrigerators, freezers , dehumidifiers and portable or central air conditioners . E . Remove and legally dispose of mercury-containing materials including fluorescent, high- pressure sodium, mercury vapor, metal halide light bulbs, and thermostats containing a liquid filled capsule . PCB-containing materials include capacitors, ballasts , and transformers where the component is contained within a metal jacket and does not have a specific, legible label stating no PCBs are present. F . Disconnect all utility services before demolition per Section 2 . 07 . G. Perform site clearance, grading, restoration and erosion control . H. Complete the demolition work in accordance with the plans and these technical specifications . 10 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 Representative 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 . There shall be Asbestos Warning placards placed in at least the corners of the fence . 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 Representative. The Contractor shall take appropriate actions to minimize atmospheric pollution, and toward that objective the City' s Representative 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 for control of dusts in the demolition of existing buildings or structures , construction operations, the grading of roads , or the clearing of land. lee 2 . Covering, at all times when in motion, open-bodied trucks transporting materials likely to give rise to airborne dusts . 11 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 . 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 . 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, street lights, 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 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 parcels released for demolition, even if an adjacent property is scheduled for future demolition. 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 subdrains 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 12 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 : The property address or legal description will be included in the Contract Documents . Following execution of the contract, and upon issuance of Notice to Proceed with respect to a given property, for the work of demolition and site clearance on all or any part of the demolition area referenced in the Notice to Proceed, all rights , title, and interest of the City in and to buildings, structures and other 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 contract addenda thereto, shall be deemed to be vested in the Contractor. Only materials that are not RACM may be salvaged or taken to anywhere other than the Black Hawk County Landfill. 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 structures identified in the Contract Documents shall be vacated before a Notice to Proceed is issued and the Contractor begins work. In case the Contractor fmds that any structure is not vacated, the Contractor shall immediately notify the City' s Representative and shall not begin demolition or site clearance operations on such property until further directed by the City' s Representative. The Contractor ' s responsibility for such buildings will not begin until the City' s Representative issues a subsequent Notice to Proceed with Demolition Order. No claim for extension of time or increase in price will be considered because of occupancy of any buildings . In case such occupancy is prolonged, the City reserves the right to delete the structure from the work, or consider an amendment to extend the term of the Contract. 13 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 at each site 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, incidental demolition debris , basement walls, foundations , steps, private sidewalks , driveways, and trees from the site; disconnection of utilities ; furnishing and compaction of backfill material; grading of disturbed areas ; erosion control and seeding; placing and removing safety fencing; collapsing of septic tanks and cisterns ; capping of wells ; and other work as necessary to complete the project. All such work shall be performed in accordance with standards prescribed in Part 2 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 IA — REGULATED ASBESTOS CONTAINING MATERIALS (RACM) The properties to be demolished have been declared unsafe to enter. Therefore, the structures have not been tested for 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; if all RACM material cannot be removed in a single day, the RACM material will be thoroughly wetted and completely covered and secured with polyethylene plastic sheeting until demolition activities resume . 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 RACK 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 : 1 . Wetting structures and debris prior to and during demolition to reduce the potential for air migration of asbestos . 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. 14 5 . Proper handling and covering 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 RACK 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 in a timeline consistent with the term of the contract after being notified by the City with a Notice to Proceed on any given property or properties . The Contractor shall be responsible for providing the City' s Representative with a minimum of 24 hours advance notification prior to commencing demolition activity with respect to any property. 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 breach of the Contract. 2.02 SALVAGE OF DEMOLITION MATERIALS The Contractor shall not be allowed to salvage RACM demolition materials from any property on this project. Non-RACM material (such as private sidewalks and driveways, trees , or other landscaping features) may be salvaged or disposed of in other than the Black Hawk County Landfill. No salvaging or removal of any material shall occur until after the City of Waterloo has issued a Notice to Proceed for the property. The Contractor shall assume all expense, risk, and liability for salvaging. It is preferred that the Contractor remove items to be salvaged from the premises to the Contractor' s premises or other private lands for pick up by other individuals or entities . If the Contractor intends to allow any other individuals or entities to enter the property on this project to perform salvaging, the Contractor shall only do so after obtaining from the third-party salvager a certificate of insurance for general liability with limits of liability of at least $ 1 , 000,000 per occurrence for Bodily Injury and Property Damage . For entities with 15 employees, it shall include Workers Compensation and Employers Liability Insurance meeting the requirements of the Iowa Workers Compensation Law covering all of the entity' s employees carrying out their work. The Contractor and the City of Waterloo, Iowa shall be named as additional insured on the third-party salvager' s general liability insurance policies and certificates of insurance . 2 .03 DEMOLITION AND REMOVALS A. Structural Parts of Buildings 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. All concrete basements, slabs of basementless structures and floors , including that of attached garages , are required to be completely removed and shall be broken up and removed as RACM. The basement area is to be inspected and approved by the City' s Representative before backfilling is started . Failure to obtain approval may result in re-excavation of the basement area at the Contractor ' s expense. The City cannot provide verification regarding the area of the basement, but the Black Hawk County Assessor' s detailed report indicates that 115 Sumner Street has a partial basement that is 1 ,500 square feet. 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, retaining walls, 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. Where such structures are removed, the area shall be graded to match adjacent natural grade levels or as directed by the City' s Representative. The cost of removal of any such structures is incidental and shall be included in the lump-sum bid for demolition. Where such retaining walls or curbs are removed, the embankment shall be graded to a slope of not greater than 3 : 1 horizontal to vertical, or as directed by the City' s Representative. E. Fences : Fences, guardrails, bumpers, clotheslines, and similar facilities shall be completely removed from the site, except fences on the apparent boundary between a contract parcel and an improved non-contract parcel shall not be removed unless specifically stated in the special provisions . All posts for support shall be pulled out or dug up so as to be entirely removed. 16 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 trees, and such other stumps , bushes, vegetation, brush and weeds, whether standing or fallen. The Contractor shall protect any trees on adjacent property from damage by the demolition operation. In the event that the Contractor damages an adjacent property tree, it shall be repaired or removed and replaced by the Contractor as directed by the City' s Representative . H. Fuel Tanks : 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 "Bxplosimeter" or another equally efficient instrument, before the work of removal is begun. Checking with the "Bxplosimeter" shall be done in the presence of the City' s Representative by competent personnel. I. Outdoor Toilets and Septic Tanks : Outdoor toilets and septic tanks shall be pumped out by a licensed company. The toilet building shall be demolished and removed from the site. After cleanout or removal of structures, outdoor toilets, septic tanks, cisterns and meter pits shall be collapsed so they will not hold water and filled with dirt. Any excavations shall be backfilled and compacted in accordance with these specifications . 2.04 WELL PLUGGING AND ABANDONMENT If applicable, all wells shall be plugged and abandoned in accordance with Iowa Code § 45513 . 190 and Iowa Administrative Code title 567 , chapter 39 . An Iowa Department of Natural Resources, Abandoned Water Well Plugging Record shall be filed upon completion of the well abandonment. Any sand point well shall be pulled out of the ground, or if unable to be pulled, shall be plugged in accordance with Iowa Code . 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, and any other 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, 17 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 and incidental demolition debris 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 RACM 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 each structure demolished, where available, which identify the specific address of the origin of the debris associated with each ticket. The cost of all disposal fees shall be considered incidental to the demolition and shall be included in the lump sum bid for 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 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 RACK 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 RACK 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 RACK 2.06 BACKFILL, GRADING, AND CLEAN UP A. Backfill : When site conditions permit, as determined by the City' s Representative, soil shall be used as backfill material. Excess excavation materials shall be removed from the site. Any borrow or fill material shall be approved by the City' s Representative before and during the placing of the material . All depressions on the property shall be filled, compacted, and graded to a uniform slope with adequate drainage. 18 B . Compaction : All excavations shall be backfilled with acceptable material and compacted. The Contractor shall notify the City ' s Representative twenty-four hours in advance of placing any backfill . C . Additional Fill Material: All additional fill material shall be of equal quality to the soil adjacent to the excavation, and free of rubble or organic matter. There shall be no payment for additional fill material, which shall be considered incidental to the demolition and shall be included in the lump sum bid for demolition. D . 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 and adjacent public right-of-way of any debris. E . 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 and erosion control as part of the lump sum price for demolition. F. Final Cleaning Up : 1 . 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 (seeding) that meets applicable standards and regulations . 2 . On demolition sites where erosion control will be delayed because of the allowable seeding dates , the Contractor shall complete grading and shaping of the site to leave the site in a neat and presentable (mowable) condition subject to the approval of the City' s Representative. Erosion control shall include preparation of the seedbed, furnishing and installing seed, fertilizer and mulch . 3 . Final cleaning up shall be subject to approval of the City ' s Representative 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 . 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 filled with thoroughly tamped earth or mortar, whichever is completely required to eliminate the hazard. 2 .07 UTILITY DISCONNECTIONS 19 The Contractor shall be responsible for coordinating with utility companies for disconnection of services, including but not limited to electricity, natural gas, cable television, internet and phone . 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 location of the sanitary sewer main, if known, will be provided by the City to the best of its knowledge. The Contractor shall not backfill the area prior to inspection by the Waterloo Building Inspections Department. Contractor shall contact the Waterloo Building Inspections Department for compliance 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 shall contact the Waterloo Water Works for compliance with this specification. C . Backfill and Compaction within City Right-of--Way : 1 . Streets : The Contractor shall backfill , compact as specified and patch the surface of all excavations made in streets according to the specifications of the Waterloo Engineering Department. Contractor shall contact the Waterloo Engineering Department for compliance with this specification . 2 . Public Right-of--Way: All areas within the public right-of-way (including parking and sidewalk areas) shall be compacted and restored. Any sidewalk removed or damaged shall be replaced to the specifications of the Waterloo Engineering Department. Contractor shall contact the Waterloo Engineering Department for compliance with this specification. 2 .08 EROSION CONTROL During demolition activities , Contractor shall control ofF site vehicle track out (stabilized entrance) and prevent sediment from reaching neighboring properties or drainage infrastructure. This can be accomplished through use of vegetative buffers, silt fence or wattles . All on site or adjacent storm water intakes shall be protected as needed. After demolition, 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% Treasure Chewing Fescue 30% Badger Creeping Red Fescue Required application rate : 10 pounds per 1 ,000 SF . 20 Straw mulch is required and a 21 -744 fertilizer at 3 pounds per 1 ,000 SF to be used after the seed has been applied. For any sites over one acre of disturbance : 1 . All of the above requirements shall be met, and 2 . Contractor shall develop a Storm Water Pollution Prevention Plan (SWPPP) and obtain necessary approvals/permits from the City and State . 3 . Contractor shall contact the Waterloo Engineering Department for pre-disturbance inspection prior to land disturbance, and for post-disturbance inspection prior to permit closure. 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 of the 21 work adequate to secure the demolition site, including any resulting debris or excavation, and to prevent pedestrian access . The fencing, including all materials , shall be considered incidental to the demolition. 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. 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 USDOT, Iowa DOT and safety regulations, and are subject to approval of the City. All loads must be secured 21 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 landfill tickets generated during the project to the City' s Representative, which identify the disposal site, the Black Hawk County Landfill, for all RACM material . Such copies of tickets shall be required to process invoices from the Contractor. 2 . 14 ARCFIAEOLOGY 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 minimise harm to fords . The Contractor will inform the City' s Representative. 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 with SHSI are complete, and the City has been notified by SHSI to proceed. 2 . 15 PRICING This is a unit price, lump sum contract; all bids, bid components and bid tabulations 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. 2 . 16 PROPERTY DAMAGE 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. 22 Exhibit "C" CONTRACT # RD-20204141P CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES [with Regulated Asbestos Containing Materials (RACM)] 115 Sumner Street This Contract for Demolition and Site Clearance Services (with RACM) (the "Contract") is entered into as of December 14 , 2020 by and between the City of Waterloo , Iowa ("City") and ("Contractor") . In consideration of the mutual promises exchanged herein, the parties agree as follows : 1 . Services . For a period of 3 months after the date of this Contract, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all supervision, technicalpersonnel, 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 RFB 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 Bid b . Response (Bid) from Contractor d. Specifications for Demolition and Site Clearance e. Building Demolition Insurance and Bond Requirements In the event of conflict between theprovisions 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 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 ten ( 10) days after the City has issued a Notice to Proceed unless otherwise agreed upon by both parties . 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, 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 not 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. 6 . 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. 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, 2 b . have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; ct declare a default of this Contract, make no fiuther 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. 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 Ile 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 venture 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 1913 , 551 .4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. 3 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 Demolition and Site Clearance Services as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentili Hart, Mayor Company Name Attest: Kelly Felchle, City Clerk 4