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HomeMy WebLinkAboutAdvanced Environmental - Asbestos Abatement Svcs-12/5/2016EXHIBIT "A" CONTRACT FOR ASBESTOS ABATEMENT SERVICES 820 Newell Street, 915 Newell Street, 3 126 Franklin Street Building, Street, 71 Franklin Street, 929 Linden Avenue, 426 Cherry Street, 310 Oak Street, 847 Dawson, 414 Thompson Street. This Contract for Asbestos Abaternent Services (the "Contract") is entered into as of December 5, 2016, by and between the City ofWaterloo, Iowa ("City") and Advanced Environmental Testing and Abatement Inc. In consideration ofthe mutual promises exchanged herein, the parties agree as foliows: 1. Terrn and Services. For a period of four (4) weeks after the DNR 10 day waiting period, 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 al! work within the time period stated in the specifications after receipt ofNotice to Proceed with respect to a given property or set ofproperties. 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 worlc on the project will have an asbestos license issued by the Iowa Division ofLabor. Contractor agrees that such permit and Iicenses will be maintained during the term ofthis 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 RFP response. Contractor will be paid separately for each property at which services are performed. Contractor's request for payment for services authorized under this Contract shall be submitted on a monthly basis and will be paid within forty-five (45) days after receipt of an original invoice and after such services are delivered and accepted. Contractor will be paid for a!1 items satisfactorily completed. Such payment will be full compensation for asbestos removal and disposal, for all permits, Iicenses, inspections, for cornp!ying with all laws, rules, regulations and ordinances, including safety, and for furnishing all rnaterials, equipment and labor to complete the work in accordance with the plans and speciflcations. 2. Contract Documents. The foliowing documents (collectively, the "Contract Docurnents") are hereby incorporated by reference as though set forth herein in full: a. Request for Proposal b. Addenda c. Response (Proposa!) froni the Contractor In the event of conflict between the provisions of the Contract Docurnents and this Contract, the provisions ofthis Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions ofthe Contract, shall not exceed $ 14,800.00 as provided in the Bid Tabulation that is part of Contractor's RFP Response referenced in Section 2.c above, except by written amendment as provided herein. 3. Approva1 Timing of Work. Contractor shall not begin work until after the Contract has been approved by the City Council and a completely executed copy has been returned to Contractor with 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 witlun thirty (30) days after issuance of the TDNR Ten Day notice. 4. Performance Bond. Contractor shall furnish a bond in an amount equal to One Hundred percent (100%) ofthe contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful perforrnance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and shall save harmless the City from clainis and damages of any kind arising out ofthe performance ofthis contract. 4.1 Payment Bond. Contractor will be required to furnish a payment bond in an amount equal to one hundred percent (I0O%) ofthe contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful payment as required by law of all persons supplying labor and material in the execution ofthe work provided for in the 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 cornpletion 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 ofrequest, 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 ofCity, 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 indenmi' 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 2 limited to reasonable attorneys' fees and expenses, arising from or in conneetion with the acts or omissions of Contractor in providing the serviees contemplated by this Contract. 8. Default; Terrnination for Cause. In the event that Contraetor defaults in the performance or observance of any covenant, agreernent or obligation set forth in this Contract, and if such default remains uncnred for a period of seven (7) days afier 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 1 4 -day per od and thereafter Contraetor fails to diligently and continuously proseeute the same to completion within such 14 -day period), then City may deelare that Contractor is in default hereunder and may talce any one or more ofthe foliowing steps, at its option: a. by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perforrn its obligations and covenants hereunder, or enjoin any acts or things which may be unlawfiul 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, exarnine and make copies of all books and records ofContractor wbich pertain to the project; c. declare a default ofthis Contract, make 110 fiirther disbursements, and demand immediate repaynient from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by deliveiy to Conlractor of written notice of termination; andlor 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 offunds. 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 sarne 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 niutual written agreement ofthe parties. City may also choose to terminate this Contract at any time by delivering to Contractor lO-days' advance written notice of intent to terminate. 10. Non -Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent ofCity. 11. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, orjoint venturer ofCity. Contractor has no power or authority 3 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. 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 By: Quentin Hart, Mayor Attest: Keljaj Felc e, City Clerk Michael Poe Advanced Environmental Testing and Abatement, Inc.