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Request for Bid - Asbestos Abatement Services Contract AB-2023-02-04P
From: ARIC SCHROEDER (aric.schroeder@waterloo-ia.org)
To: info@abatement-specialties.com; anelson@activethermal.net; preglerbruce@grnail.com; cody@hawkeyeenv.com;
calbers@activethermal.net; dcretors@decarlodemolition.com; dccleary@terracon.com;
dreisner@activethermal.net; dmbloss0l @msn.com; dawn.chavanu@gmail.com; dritz@llinsulations.com;
ehubert@gsinetwork.com; gaylen.hiesterrnan@cardno.com; dmc@gpac.com; info@impact7g.com;
scott@newhorizons-Ilc.com, jay.11ewellyn@advancedmidwest.com; jdahl@eccomidwest.com• jeff@rewiowa.com;
jreis@impact7g.com; michael.poe@advancedmidwest.com; patemerick@iailti.com; raymondratcliff@aol corn;
rgibson@pasinc.org; augustentllc@yahoo.com; siteservicesabate@gmail.com; stephanie@newhorizons-Ilc.com;
steve@hawkeyeenv.com, asbestos121 @gmail.com; tbeaird@activethermal.net; haascoltd@yahoo.com
Cc: noel.anderson@waterloo-ia.org
Date: Wednesday, December 21, 2022 at 04:16 PM CST
Prospective bidders,
The City of Waterloo is requesting bids for Asbestos Abatement Services for Contract AB-2023-02-04P. This would
include asbestos abatement of 4 properties, including 1804 E. 4th Street, 207 Lafayette Street, 208 Sunnyside
Avenue, and 637 Ankeny Street.
Please find attached the RFB document (which contains the Exhibit "A" Signature Page for proposal submittal), as
well as an Exhibit "B" the Asbestos Survey Reports for the properties, and Exhibit "C" the Draft Contract.
This bid will be a little different than previous ones. I am no longer requiring the survey contractor to do abatement
monitoring, and we are not precluding the survey contractor from also bidding on the abatement contract. We are
giving this a try, and will evaluate how we do it for future contracts.
Bids are due to the City Clerk's Office by Thursday, January 19th 2023 by 1:00 p.m. (no electronic submittals).
Special note: As in the past, there is not a mandatory walk-thru required, but bidders are advised/encouraged to
make their own inspections prior to bid submittal. The Planning Department is in possession of a key to a padlock to
the front door of 208 Sunnyside Avenue, and has no other keys to any property. Most homes are boarded up and
will require a cordless drill with various bits to remove boards to provide access. Please re -install any boards you
remove to attempt to maintain security. Please Note: several of these homes are in very poor condition, and will
require careful methods (such as an extension ladder) to reach basements or upper levels. 207 Lafayette Street and
208 Sunnyside Avenue in particular have significant roof failure and collapsed stairwells for reaching basements or
second floors. 637 Ankeny Street is known to have a crawlspace with HVAC equipment within the crawlspace, with
no previously identifiable access point into the crawlspace. The surveyor cut a small hole in the floor to access the
crawlspace.
A hearing and anticipated award of contract is anticipated to be on February 6th, with a proposed contract period of
February 6th thru April 28th
Let me know if anyone has any additional questions.
Thanks,
Aric A. Schroeder
City Planner
Community Planning and Development
715 Mulberry St.
CITY OF WATERLOO, IOWA 50703
Phone: 319-291-4366
www.cityofwaterlooiowa.com
CITY OF `'
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TERLoo
adej
IOWA
Community of Opportunity
DISCLAIMER
The information contained in this communication from the sender is confidential. It is intended solely for use by the
recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure,
copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be
unlawful.
PURSUANT TO IOWA CODE CHAPTER 22 E-MAIL COMMUNICATION TO AND FROM THIS ADDRESS MAY BE
SUBJECT TO PUBLIC DISCLOSURE.
RFB Asbestos Abatement Services Contract AB-2023-02-04P.pdf
588.6kB
Exhibit B Asbestos Survey Reports.pdf
6.6MB
Exhibit C Asbestos Abatement Services Contract AB-2023-02-04P.pdf
130.9kB
EXHIBIT "C"
ASBESTOS ABATEMENT SERVICES CONTRACT #AB-2023-02-04P
1804 E. 4t" Street, 207 Lafayette Street, 208 Sunnyside Avenue, and
637 Ankeny Street
This Contract for Asbestos Abatement Services (the "Contract") is entered into as of
February 6, 2023, by and between the City of Waterloo, Iowa ("City") and /6/ inam In
consideration of the mutual promises exchanged herein, the parties agree as follows:
1. .Term and Services. For the period of February 6, 2023 thru April 28, 2023,
subject to extension upon the mutual written agreement of the parties, the Contractor agrees to
furnish all tools, labor and materials, and perform and substantially complete all work within the
time period stated in the specifications after receipt of Notice to Proceed with respect to a given
property or set of properties. By executing this Contract, Contractor certifies that it holds an
asbestos permit issued by the Iowa Division of Labor and that all personnel who perform work
on the project will have an asbestos license issued by the Iowa Division of Labor. Contractor
agrees that such permit and licenses will be maintained during the term of this Contract. Work to
be performed includes all work described in the Contract Documents (defined below).
Contractor shall provide the above services at the cost set forth in the Contractor's RFB
response. Contractor's request for payment for services authorized under this Contract shall be
submitted in accordance with the Contract Documents and will be paid within forty-five (45)
days after receipt of an original invoice and after such services are delivered and accepted and all
necessary supporting documentation is submitted. Contractor will be paid for all items
satisfactorily completed. Such payment will be full compensation for asbestos removal and
disposal, for all permits, licenses, inspections, for complying with all laws, rules, regulations and
ordinances, including safety, and for furnishing all materials, equipment and labor to complete
the work in accordance with the plans and specifications.
2. Contract Documents. The following documents (collectively, the "Contract
Documents") are hereby incorporated by reference as though set forth herein in full:
a. Request for Bid
b. Addenda (if any) 4onc. a d& j* c (a t 0 " / 7 '-fl3
c. Response (Proposal) from the Contractor
In the event of conflict between the provisions of the Contract Documents and this Contract, the
provisions of this Conti act shall prevail.
2.1 Contract Limits. Total actual expenses allowed by the project Contract, including
any renewal extensions of the Contract, shall not exceed $ c/01 as provided in the Bid
Tabulation that is part of Contractor's RFB Response referenced in Section 2.c above, except by
written amendment as provided herein.
3. Approval; Timing of Work. Contractor shall not begin work 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 with respect to any particular property or set of properties, and all work shall be
completed and delivered within the term of the Contract.
4. Performance Bond. Not required for this Contract.
4.1 Payment Bond. Not required for this Contract.
5. Reporting; Records. Contractor shall exercise best efforts to maintain
communication with City personnel whose involvement in the project is necessary or advisable
for successful and timely completion of the work of the project. Communications between the
parties shall be verbal or in writing, as requested by the parties or as dictated by the subject
matter to be addressed. Contractor shall maintain all project records for a minimum period of
three (3) years after the date of final payment for services rendered under this Contract. During
the term of this Contract and for the ensuing record -retention period, Contractor shall make any
or all project records available upon reasonable request, and in any event within two (2) business
days of request, to City, and any other agency of state or federal government. For purposes of
this section, "records" means any and all books, documents, papers and records of any type or
nature that are directly pertinent to this Contract. Contractor agrees to furnish, upon termination
of this Contract and upon demand by the City, copies of all basic notes and sketches, charts,
computations, and any other data prepared or obtained by the Contractor pursuant to this
Contract, without cost and without restrictions or limitation as to the use relative to specific
projects covered under this Contract. In such event, the Contractor shall not be liable for the
City's use of such documents on other projects.
6. Reserved.
7. Indemnity. Except as to any negligence of City, its officials, officers, employees
or agents, in the performance of any duty under this Contract, and to the extent not covered by
insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its
officials, officers, employees and agents, and to hold same harmless, from and against any and
all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but 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.
8. Default; Termination for Cause. In the event that Contractor defaults in the
performance or observance of any covenant, agreement or obligation set forth in this Contract, and
if such default remains uncured for a period of seven (7) days after notice thereof shall have been
given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is
curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be
done or remedied within such 14-day period and thereafter Contractor fails to diligently and
continuously prosecute the same to completion within such 14-day period), then City may declare
2
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.
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 agi ees to pay the reasonable attorneys' fees and expenses incurred by City.
9. Termination for Convenience. This Contract may be terminated at any time, in
whole or in part, upon the mutual written agreement of the parties. City may also choose to
terminate this Contract at any time by delivering to Contractor 10-days' advance written notice
of intent to terminate.
10. Non -Assignable Duties. Contractor may not assign its duties hereunder without
the prior written consent of City.
11. Independent Contractor. Contractor is an independent contractor and is not an
employee, servant, agent, partner, or joint venturer of City. Contractor has no power or authority
to enter into contracts or agreements on behalf of City. City shall determine the work to be done
by Contractor, but Contractor shall deter mine the legal means by which it per forms 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.
3
12. Anti -Discrimination. During the performance of this Contract, Contractor, for
itself, its assignees and successors in interest, agrees to comply with the anti -discrimination laws
of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein
incorporated by reference and made a part of this Contract.
13. Severability. In the event any provision of this Contract, together with the
Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the
remaining provisions of this Contract shall not be affected thereby and shall continue in full
force and effect. If, for any reason, a court finds that any provision of this Conti act is invalid,
illegal, or unenforceable as written, but that by limiting such provision it would become valid,
legal, and enforceable, then such provision shall be deemed to be written and shall be construed
and enforced as so limited.
14. General Terms This Contract, together with the Contract Documents, constitutes
the entice agreement between the parties pertaining to the subject matter hereof. This Contract
may not be modified or amended except pursuant to the mutual written agreement of the parties.
This Contract is binding on the parties and the heirs, personal representatives, successor and
assigns of each. Time is of the essence in the performance of the terms hereof.
IN WITNESS WHEREOF, the parties have executed this Contract for Asbestos
Abatement Services as of the date first set forth above.
CITY OF WATERLOO, IOWA CONTRACTOR
By:
Quentin Hart, Mayor Authorized Representative
Attest:
Kelly Felchle, City Clerk
4
EXHIBIT "C"
ASBESTOS ABATEMENT SERVICES CONTRACT #AB-2023-02-04P
1804 E. 4t" Street, 207 Lafayette Street, 208 Sunnyside Avenue, and
637 Ankeny Street
This Contract for Asbestos Abatement Services (the "Contract") is entered into as of L.�C
February 6, 2023, by and between the City of Waterloo, Iowa ("City") and,06i{ylviiflA1K/S In
consideration of the mutual promises exchanged herein, the parties agree as follows:
1. Term and Services. For the period of February 6, 2023 thru April 28, 2023,
subject to extension upon the mutual written agreement of the parties, the Contractor agrees to
furnish all tools, labor and materials, and perform and substantially complete all work within the
time period stated in the specifications after receipt of Notice to Proceed with respect to a given
property or set of properties. By executing this Contract, Contractor certifies that it holds an
asbestos permit issued by the Iowa Division of Labor and that all personnel who perform work
on the project will have an asbestos license issued by the Iowa Division of Labor. Contractor
agrees that such permit and licenses will be maintained during the term of this Contract. Work to
be performed includes all work described in the Contract Documents (defined below).
Contractor shall provide the above services at the cost set forth in the Contractor's RFB
response. Contractor's iequest for payment for services authorized under this Contract shall be
submitted in accordance with the Contract Documents and will be paid within forty-five (45)
days after receipt of an original invoice and after such services are delivered and accepted and all
necessary supporting documentation is submitted. Contractor will be paid for all items
satisfactorily completed. Such payment will be full compensation for asbestos removal and
disposal, for all permits, licenses, inspections, for complying with all laws, rules, regulations and
ordinances, including safety, and for furnishing all materials, equipment and labor to complete
the work in accordance with the plans and specifications.
2. Contract Documents. The following documents (collectively, the "Contract
Documents") are hereby incorporated by reference as though set forth herein in full:
a. Request for Bid
b. Addenda (if any)
c. Response (Proposal) from the Contractor
In the event of conflict between the provisions of the Contract Documents and this Contract, the
provisions of this Contract shall prevail.
2.1 Contract Limits. Total actual expenses allowed by the project Contract, including
any renewal extensions of the Contract, shall not exceed $ /6 a I ?,c'vas provided in the Bid
Tabulation that is part of Contractor's RFB Response referenced in Section 2.c above, except by
written amendment as provided herein.
3. Approval; Timing of Work. Contractor shall not begin work 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 with respect to any particular property or set of properties, and all work shall be
completed and delivered within the term of the Contract.
4. Performance Bond. Not required for this Contract.
4.1 Payment Bond. Not required for this Contract.
5. Reporting; Records. Contractor shall exercise best efforts to maintain
communication with City personnel whose involvement in the project is necessary or advisable
for successful and timely completion of the work of the project. Communications between the
parties shall be verbal or in waiting, as requested by the parties or as dictated by the subject
matter to be addressed. Contractor shall maintain all project records for a minimum period of
three (3) years after the date of final payment for services rendered under this Contract. During
the term of this Contract and for the ensuing record -retention period, Contractor shall make any
or all project records available upon reasonable request, and in any event within two (2) business
days of request, to City, and any other agency of state or federal government. For purposes of
this section, "records" means any and all books, documents, papers and records of any type or
nature that are directly pertinent to this Contract. Contractor agrees to furnish, upon termination
of this Contract and upon demand by the City, copies of all basic notes and sketches, charts,
computations, and any other data prepared or obtained by the Contractor pursuant to this
Contract, without cost and without restrictions or limitation as to the use relative to specific
projects covered under this Contract. In such event, the Contractor shall not be liable for the
City's use of such documents on other projects.
6. Reserved.
7. Indemnity. Except as to any negligence of City, its officials, officers, employees
or agents, in the performance of any duty under this Contract, and to the extent not covered by
insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its
officials, officers, employees and agents, and to hold same harmless, from and against any and
all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but 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.
8. Default; Termination for Cause. In the event that Contractor defaults in the
performance or observance of any covenant, agreement or obligation set forth in this Contract, and
if such default remains uncured for a period of seven (7) days after notice thereof shall have been
given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is
curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be
done or remedied within such 14-day period and thereafter Contractor fails to diligently and
continuously prosecute the same to completion within such 14-day period), then City may declare
2
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 r ights 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 r ecovery of funds.
No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or
waive the right of City to enforce the same or to obtain relief against or recover for the continuation
or repetition of such breach or violation or any similar breach or violation thereof at any later time
or times. In the event that City prevails against Contractor in a suit or other enforcement action
hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City.
9. Termination for Convenience. This Contract may be terminated at any time, in
whole or in part, upon the mutual written agreement of the parties. City may also choose to
terminate this Contract at any time by delivering to Contractor 10-days' advance written notice
of intent to terminate.
10. Non -Assignable Duties. Contractor may not assign its duties hereunder without
the prior written consent of City.
11. Independent Contractor. Contractor is an independent contractor and is not an
employee, servant, agent, partner, or joint venturer of City. Contractor has no power or authority
to enter into contracts or agreements on behalf of City. City shall determine the work to be done
by Contractor, but Contractor shall determine the legal means by which it performs the work
specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes
of any kind from any payments which it owes Contractor. Neither Contractor nor its employees,
if any, shall be entitled to receive any benefits which employees of City are entitled to receive
and shall not be entitled to workers' compensation, unemployment compensation, medical
insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of
their work for City. Contractor shall be solely responsible for compensating its employees, if
any.
3
12. Anti -Discrimination. During the performance of this Contract, Contractor, for
itself, its assignees and successors in interest, agrees to comply with the anti -discrimination laws
of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein
incorporated by reference and made a part of this Contract.
13. Severability. In the event any provision of this Contract, together with the
Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the
remaining provisions of this Contract shall not be affected thereby and shall continue in full
force and effect. If, for any reason, a court finds that any provision of this Conti act is invalid,
illegal, of unenforceable as written, but that by limiting such provision it would become valid,
legal, and enforceable, then such provision shall be deemed to be written and shall be construed
and enforced as so limited.
14. General Terms. This Contract, together with the Contract Documents, constitutes
the entice agreement between the parties pertaining to the subject matter hereof. This Contract
may not be modified or amended except pursuant to the mutual written agreement of the parties.
This Contract is binding on the parties and the heirs, personal representatives, successor and
assigns of each. Time is of the essence in the performance of the terms hereof.
IN WITNESS WHEREOF, the parties have executed this Contract for Asbestos
Abatement Services as of the date first set forth above.
CITY OF WATERLOO, IOWA CONTRACTOR
By:
Quentin Hart, Mayor
Attest:
Kelly Felchle, City Clerk
t 9
4 - r c% a /) j r�!"�, !
Authorized Representative
/.v/v6(/7 (r/4/t /1i1 !S f, l.c
4