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HomeMy WebLinkAboutAdvanced Environmental EXHIBIT "A" SIGNATURE PAGE 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. 1402 Mulberry Street(City owned property), as well as 512 Almond Street and 222 Randall Street (Habitat owned properties). Total "lump sum"bid: $ 39, 300 Total bid in written form: ( h: I-A- s a, 1"4A,N Pe—e— hw.-86 /lerl Submitting Firm: f -1,44. - c e �'-NV , ra�N-Le•v—E�. Address: 50 3. ; cX.e. City: \N.)w r'\a o State: --‘.+ Zip: Authorized Representative (print) y L�l e k,\y r Authorized Representative Signature Date: a t' 1 2..o we, r, �,yq ncec�lvh:cllw.s> .caw•, Phone: 319 - z. e-C7- 4 y Fax: 3 \ r1 - Z o-7 - 4 9-4 S EXCEPTIONS/DEVIATIONS to thi quest for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: 74—Our company 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 ninety (90) 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 of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number I Date O ,113 I 2-a2s Addenda Number Date We choose not to bid at this time but would like to be considered for future requests for bid RFB FOR ASBESTOS ABATEMENT SERVICES:Contract:AB-2025-03-03P Page 10 of 11 Our "not to exceed" bid price for each property is: Property Address (City owned properties) Per Property Cost (bid) Total 1402 Mulberry Street $ ov I (19 ap Property Address (Habitat owned properties) 512 Almond Street $ `�- 3 1 222 Randall Street $ o� 31 .3 Lid Total Proposed Lump Sum Contract Amount: $ ceco Sp0 RFB FOR ASBESTOS ABATEMENT SERVICES:Contract AB-2025-03-03P Page 11 of 11 AIA. Document A310 TM - 2010 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place Advanced Environmental Testing and of business) Abatement,Inc. Merchants Bonding Company(Mutual) 803 Ricker Street P.O.Box 14498 This document has important legal Waterloo,IA 50703 Des Moines,IA 50306-3498 consequences.Consultation with OWNER: an attorney is encouraged with (Name, legal status and address) respect to its completion or City of Waterloo,Iowa modification. 715 Mulberry Street Any singular reference to Waterloo,IA 50703 Contractor,Surety,Owner or BOND AMOUNT:Five Percent of the Total Amount Bid(5%) other party shall be considered plural where applicable. PROJECT: (Name, location or address, and Project number, if any) Asbestos Abatement Services,Contract AB-2025-03-03P,1402 Mulberry Street,222 Randall Street,and 512 Almond Street, Waterloo,Iowa 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 hid 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 hid 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 hid 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 term 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 26th day of March,2025 Advanced Env'd•nment- sting and Abatement,Inc. ( ! (Principal) / r (Seal) 6Vilaess 1 e) Jr. �y , µ&-N.' 4,r- Merchan •- r (Suretyjp- (,Se all ';t+c ca•• ((Vilne ) Gre Krier /r f� oN° �A ., err :h• o 4r'.Z�. Gra - asmussen,Attorney-in-Fact :a a _e_ a•.3: CAUTION:You should sign an original AIA Contract Document,on which this text appears in RED.An original assures that :r .. 1933 changes will not be obscured. • tr Init. AIA Document A310TM "' —2010.Copyright©1963,1970 and 2010 by The American Institute of Architects.All rights reserved.WARNING:This AIA Document is protected by U.B.Copyright law and International Treaties-Unauthorized reproduction or distribution of this AIA"Document,or any portion of it,may result in severe civil and criminal penalties,and will to prosecuted to the maximum extent possible under the law. Purchasersare permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org, 0811 is MERCHA 1 BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., both being corporations of the State of Iowa,drb/a Merchants National Indemnity Company(in California only)(herein collectively called the "Companies")do hereby make,constitute and appoint,individually, Alissa Cahalan;Anne Crowner;Ashlea McCaughey;Austin Muehlschlegel;Ben Williams;Brian J Oestreich;Brian M Deimedy;Cameron M Burt; Colby D White;Craig E Hansen;D Gregory Stiffs;Dione R Young;Donald E Appleby;Douglas Muth;Ginger Hoke;Grace Dickinson;Grace Rasmussen;Graydon Dotson;Greg Krier;Jamie Gifford;Jay D Freiermuth;Jennifer Marino;Jessie Allen;Joe Tiernan;John Cord;Joseph Cardinal; Joshua R Lofts;Kate Zanders;Keeton Welch;Kristine M Becks;Mark R DeWitt,Mark Sweigart;Mary Ashley Allen;Melinda C Blodgett;Michelle Morrison;Michelle R Gruis;Nathan Weaver;Nicole Stillings;R C Bowman;Rachel Thomas;Sandra M Engstrum;Sara Huston;Sarah C Brown; Seth D Rooker;Taylor Fogle;Ted Jorgensen;Tim McCulloh;Todd Bengford their true and lawful Attorney(s)-in-Fact,to sign its name as surety(ies)and to execute,seal and acknowledge any and all bonds,undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23,2011 and amended August 14,2015 and April 27,2024 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015 and amended on April 27,2024. 'The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance,or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation.It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 1st day of November ,2024 . •�1P0 ••• Q P 9 MERCHANTS BONDING COMPANY(MUTUAL) ',•'�p•. ................ ..q(e, •�Q�NG.C,O�A• MERCHANTS NATIONAL BONDING,INC. 'hy+'GQQ R4!�y; :y;vOA 0 q�'t dlbla MERCHANTS NATIONAL INDEMNITY COMPANY j': 2003 y: 1933 r c By // !/yam_ •Y• %dd ••.......:..** .. \C..• * President STATE OF IOWA Y} COUNTY OF DALLAS ss. ' On this 1st day of November 2024 ,before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. tipfiA/ Penni Miller °ikj Commission Number 787952 z • • My Commission Expires !OWN January 20,2027 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,Elisabeth Sandersfeld,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 26th day of March , 2025. .... :•�D7lAP09�A;•• .ti:'G T•.y. •y•4 .v..c :Q;2 'O 0•�: .z;2 0 :3 Z '`•. **. 2003 ;,4i= y�• 1933 ;•tiSecretary %yd ••.. ..•:�•4,•• ••• ,\,c. POA 0018(6/24) "" EXHIBIT "C" DRAFT ASBESTOS ABATEMENT SERVICES CONTRACT AB-2025-03-03P (-4-6 Z wl 44 S . S -Z. AA,•�•,"^A, Ste-, 2. 2 ",c�A/ S -1cv�.�fr,. This Contract for Asbestos Abatement Services (the "Contract") is entered into as of April 7, 2025, by and between the City of Waterloo, Iowa ("City") and fjs.4,,,K16.9 6.,rir .vo.'‘In consideration of the mutual promises exchanged herein, the parties agree as follows: 1 . Term and Services. For the period of April 7, 2025 thru June 6, 2025, 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) 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 $ 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, including any renewal extensions. 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. 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, agents, or elected officials, 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, agents and elected officials, 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 2 given by City to Contractor(or for a period of fourteen(14)days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature,cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period),then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: a. by mandamus or other suit, action or proceeding at law or in equity,require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; c. declare a default of this Contract,make no further disbursements,and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. 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 3 insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 12. Anti-Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti-discrimination laws of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa,which are herein incorporated by reference and made a part of this Contract. 13. Severability. In the event any provision of this Contract,together with the Contract Documents, is held invalid, illegal, or unenforceable,whether in whole or in part,the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason,a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable,then such provision shall be deemed to be written and shall be construed and enforced as so limited. 14. General Terms. This Contract,together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof IN WITNESS WHEREOF,the parties have executed this Contract for Asbestos Abatement Services as of the date first set forth above. CITY OF WATERLOO, IOWA CON RACTOR By: —.airali `....� Quentin Hart, Mayor epresentatl 1 e111 " _?. . Attest: Kelly Felchle,City Clerk 4