HomeMy WebLinkAboutMidwest_Demolition_Contractors_-_Demolition_Contract_D-2025-08-01P_-10.6.2025Docusign Envelope ID: 377E1 D49-EFF1-47E3-BBBC-21846B7574E4
CONTRACT D-2025-08-01P
CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES
[No Regulated Asbestos Containing Materials (No RACM)] 310 Upland Dr (former Parkview care facility)
This Contract for Demolition and Site Clearance Services (no RACM) (the "Contract") is entered into
as of October 6, 2025 by and between the City of Waterloo, Iowa ("City") and Midwest Demolition
Contractors Inc. ("Contractor").
In consideration of the mutual promises exchanged herein, the parties agree as follows:
1. Term and Services. For the period of October 6, 2025 thru November 21, 2025, subject to
extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all
supervision, technical personnel, labor, materials, tools, machinery, services, and perform and
substantially complete all work within the time period stated in the specifications after receipt of
Notice to Proceed with respect to a given property or set of properties. Work to be performed includes
all work described in the Contract Documents (defined below).
Contractor shall provide the above services at the cost set forth in Contractor's RFB response,
except by written amendment as provided herein. 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 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. Addenda (Addenda No. 1 dated 8/21/25)
c. Response (Bid) from Contractor
d. Specifications for Demolition and Site Clearance
e. Addendum to Exhibit "B" Demolition Specifications
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 $224,700 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.
Docusign Envelope ID: 377E1 D49-EFF1-47E3-BBBC-21846B7574E4
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, and all work shall be completed and delivered within the term
of the Contract (except required seeding). 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. The site shall be completely fenced, and secured when left
unattended. 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 Contract. It is anticipated that the City will issue a Partial Notice to
Proceed, to allow utility disconnect work and other work in preparation of demolition activities.
Demolition of buildings at 310 Upland shall not commence until the City has issued Complete Notice
to Proceed, which the City will not be able to issue until asbestos abatement clearance is provided by
the asbestos abatement contractor.
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, directors, 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,
directors, 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
DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility).
Page 2 of 4
Docusign Envelope ID: 377E1 D49-EFF1-47E3-BBBC-21846B7574E4
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.
8. Termination for Convenience. This Contract may be terminated at any time, in whole or in
part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract
at any time by delivering to Contractor 10-days' advance written notice of intent to terminate.
9. Non -Assignable Duties. Contractor may not assign its duties hereunder without the prior
written consent of City.
10. Independent Contractor. Contractor is an independent contractor and is not an employee,
servant, agent, partner, or joint 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
DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01 P: 310 Upland Drive (former Parkview care facility).
Page 3 of 4
Docusign Envelope ID: 377E1 D49-EFF1-47E3-BBBC-21846B7574E4
Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein incorporated by
reference and made a part of this Contract.
12. Severability. In the event any provision of this Contract, together with the Contract
Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining
provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If,
for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as
written, but that by limiting such provision it would become valid, legal, and enforceable, then such
provision shall be deemed to be written and shall be construed and enforced as so limited.
13. General Terms. This Contract, together with the Contract Documents, constitutes the entire
agreement between the parties pertaining to the subject matter hereof. This Contract may not be
modified or amended except pursuant to the mutual written agreement of the parties. This Contract is
binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of
the essence in the performance of the terms hereof.
IN WITNESS WHEREOF, the parties have executed this Contract for Demolition and
Site Clearance Services as of the date first set forth above.
CITY OF WATERLOO, IOWA MIDWEST DEMOLITION CONTRACTORS INC
,-DocuSigned by:
auAlik,
B y' ' 60525D78AAca449...
Quentin Hart, Mayor Adam Roeder
Signed by:
Attest:` f
ddlt
F�6Q6 F B 6 AB.
Kelly °erctle,. City Clerk
DEMOLITION AND SITE CLEARANCE SERVICES Contract D-2025-08-01P: 310 Upland Drive (former Parkview care facility).
Page 4 of 4