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HomeMy WebLinkAboutAdvanced Environmental - Asbestos Abatement Svcs-12/12/2016EXHIBTT "A" CONTRACT FOR ASBESTOS ABATEMENT SERVICES 1020 Wellington, 717 Fairview Street, 27 John Street, 408/410 Logan Avenue, 1120 Washington, 1201 Mulberry Street, 326 Crescent Plaee This Contraet for Asbestos Abatement Serviees (the "Contract") is entered into as of Decernber 12, 2016, by and between the City of Waterloo, Iowa ("City") and In consideration ofthe mutual promises exchanged herein, the parties agree as foliows: 1. Terrn and Services. For a period offour(4) weeks after the DNR 10 day waiting period, subject to extension upon the mutual written agreement of the parties, the Contraetor agrees to furnish all tools, labor and materials, and perform and substantially eomplete all work within the tirne period stated in the specifications after reeeipt of Notice to Proceed with respect to a given property or set ofproperties. By executing this Contract, Contraetor eertifies that it holds an asbestos permit issued by the Iowa Division of Labor and that alt personnel who perform work on the project will have an asbestos license issued by the Iowa Division ofLabor. Contractor agrees that such permit and licenses will be maintained during the term of this Contract. Work to be performed includes alt work deseribed in the Contract Doeuments (defined below). Contractor shall provide the above services at the cost set forth in the Contractor's RFP response. Contractor witl be paid separatety for each property at whieh services are perfoned. Contractor's request for payment for services authorized under this Contract shati be submitted on a monthly basis and witl be paid within forty-five (45) days after receipt of an original invoiee and after such services are detivered and accepted. Contractor will be paid for ati items satisfactority completed. Such payinent will be futl eornpensation for asbestos removal and disposat, for all permits, licenses, inspections, for complying with al! laws, rules, regutations and ordinanees, inetuding safety, and for furnishing alt materials, equipment and labor to eomplete the work in accordanee with the ptans and specifications. 2. Contraet Doeuments. The foliowing doeuments (eotlectively, the "Contraet Documents") are hereby ineorporated by referenee as though set forth herein in full: a. Request for Proposat b. Addenda e. Response (Proposal) from the Contraetor In the event of eonflict between the provisions ofthe Contraet Doeuments and this Contract, the provisions ofthis Contraet shall prevait. 2.1 Contract Limits. Totat aetual expenses altowed by the project Contract, including any renewat extensions ofthe Contraet, shall not exceed $13,222.00 as provided in the Bid Tabulation that is part of Contraetor's RFP Response refereneed in Seetion 2.e above, exeept by written arnendment as provided herein. 3. Approval; Timing ofWork. Contractor shall not begin work until after the Conttact has been approved by the City Council and a completely executed eopy has been returned to Contractor with Notice to Proceed. The work shall comrnerice 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 eompleted and delivered within thirty (30) days after issuance of the IDNR 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 performance 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 claims 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 (1 00%) 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 cornmunication with City personriel whose involvernent in tlie project is necessary or advisable for successful and timely completion ofthe 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 payrnent 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" rneans any and all boolcs, documents, papers and records of any type or nature that are directly pertinent to this Contract. Contractor agrees to furnish, upon termination ofthis Contract and upon demand by the City, copies ofall basic notes and sketches, eharts, cornputations, 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 neg!igence 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 indenmif' 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 limited to reasonable attorneys' fees and expenses, arising from or in coimection with the acts or omissions of Contractor in providing the services contemplated by this Contract. 2 8. Dcfault; Termination for Cause. In the event that Contractor defaults in the performance or observanee of any covenant, agreement or obligation set forth in this Contract, and ifsuch 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 afier sueh notice if such default is curable but requires aets 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 eontinuously proseeute the same to cornpletion within such 14 -day period), then City may declare that Contraetor is in default hereunder and may take any one or more of the foliowing 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 unlawftil or in violation of the rights ofthe City hereunder, or obtain damages caused to the City by any such defanit; b. have access to and inspect, exarnine and malce copies ofall books and records of Contractor which pertain to the proj ect; c. declare a default oftbis Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by deliveiy to Contractor of written notice of terrnination; 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, ineluding 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 same or to obtain reliefagainst 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 Contraetor in a suit or other enforcernent 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 rnutual written agreement of the 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 of City. 11. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or j oint 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 deterrnine 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 3 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: Kelly Fele , City Clerk Michael Poe Advanced Environmental Testing and Abatement, Inc.