Signed Contracts_Environmental Management Services_Fire Headquarters RoofMasterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Steve Sampson Brown, Project Manager4 A"----
SUBJECT: Fire Department Headquarters Roof Replacement — 2011
Asbestos Removal
Dubuque
AII- America City
2007
DATE: October 25, 2011
Attached is the Vendor Service Agreement between the City of Dubuque and
Environmental Management Services of Iowa, Inc. (EMS!) for the asbestos removal
that is required for the Fire Department Headquarters Roof Replacement — 2011
Project.
The Certificate of Liability Insurance is being reviewed by Finance Director Ken
TeKippe.
Upon execution of the noted documents, please return to the Engineering office for
further processing.
Attachs.
Masterpiece on the Mississippi
CITY OF DUBUQUE, IOWA
SHORT FORM
VENDOR SERVICE AGREEMENT
City of Dubuque
Engineering Dept.
50. W. 13th Street
Dubuque, IA 52001
(563) 589 -4270
(563) 589 -4205 FAX
THIS VENDOR SERVICE AGREEMENT (the Contract), made in triplicate, between the City
of Dubuque, Iowa (City), by its City Manager, through authority conferred upon the City Manager
by its City Council and Environmental Management Services of Iowa, Inc. (Vendor) of the City of
Dubuque, Iowa.
PROJECT TITLE: ASBESTOS REMOVAL - FIRE DEPARTMENT HEADQUARTERS
For and in consideration of the mutual covenants herein contained, the parties hereto agree as
follows:
CONTRACTOR AGREES:
1. To furnish all material and equipment and to perform all labor necessary for (the Project):
Removal and disposal of approximately 10,000 square feet of rock ballasts over rubber
roof along with approximately 10,000 square feet of asbestos built -up roofing.
The work described above shall be completed at the following location(s):
Fire Department Headquarters —11 West 9th Street, Dubuque, Iowa
The Project shall be completed in strict accordance with the terms as described in this Contract;
in strict accordance with the requirements of the laws of the State of Iowa and ordinances of the
City of Dubuque, and in accordance with the Request For Proposal (RFP) Documents which
provisions and documents are each and all hereby referred to and made a part of this Contract
just as much as if the detailed statements thereof were repeated herein.
Page 1 of 4
2. Contract Documents shall mean and include the following: This Contract; all ordinances and
resolutions heretofore adopted by the City Council having to do with the Project; the Vendor's
Proposal; and any Special Conditions, Plans and Specifications and General Requirements as
adopted by the City Council for the Project.
3. All materials used by the Contractor in the Project shall be of the quality required by the
Contract Documents and shall be put in place in accordance with the Contract Documents.
4. The Vendor shall remove any materials rejected by the City Manager as defective or improper,
or any of said work condemned as unsuitable or defective, and the same shall be replaced or
done anew to the satisfaction of the City Manager at the cost and expense of the Vendor.
5. Five percent (5 %) of the Contract price shall be retained by the City for a period of thirty (30)
days after final completion and acceptance of the Project by the City Manager to pay any claim
that may be filed within said time for labor and materials done and furnished in connection with
the performance of this Contract and for a longer period if such claims are not adjusted within
that time, as provided in Iowa Code Chapter 573. The City shall also retain additional sums to
protect itself against any claim that has been filed against it for damages to persons or property
arising through the prosecution of the work and such sums shall be held by the City until such
claims have been settled, adjudicated or otherwise disposed of.
6. The Contractor has read and understands the Contract Documents and has examined and
understands the project description described in Section 1 and any attached Special Conditions
herein referred to and agrees not to plead misunderstanding or deception because of estimates
of quantity, character, location or other conditions surrounding the same.
7. The Contractor shall fully complete the Project under this Contract on or before October 31,
2011.
8. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the
City, its officers and employees, from and against all claims, damages, losses and expenses,
including but not limited to attorneys' fees, arising out of or resulting from performance of the
Contract, provided that such claim, damages, loss or expense is attributable to bodily injury,
sickness, disease or death, or injury to or destruction of property (other than the Project itself)
including Toss of use resulting there from, but only to the extent caused in whole or in part by
negligent acts or omissions of the Contractor, the Contractor's subcontractor, or anyone directly
or indirectly employed by the Contractor or the Contractor's subcontractor or anyone for whose
acts the Contractor or the Contractor's subcontractor may be liable, regardless of whether or
not such claim, damage, loss or expense is caused in part by a party indemnified hereunder.
9. Unless otherwise specified in the Contract Documents, prior to the commencement of any work
on the Project and at all times during the performance of this Contract, the Contractor shall
provide evidence of insurance which meets the requirements of the City's Insurance Schedule
for Artisan Contractors or General Contractors.
Page 2 of 4
10. The Vendor agrees that no work under this Contract shall commence on the Project until the
City has issued a written "Notice to Proceed" to the Vendor. Any work started by the Vendor
prior the issuance of the Notice to Proceed shall be considered unauthorized and done at the
sole risk to the Vendor.
THE CITY AGREES:
Upon the completion of the Contract, and the acceptance of the Project by the City
Manager, the City agrees to pay the Contractor as full compensation for the complete performance
of this Contract, the amount determined for the total work completed at the prices stated in the
Vendor's Proposal and Tess any liquidated damages provided for in the Contract Documents. The
work as stated in the Contract Documents is approximate only, and the final payment shall be
made for the actual work completed as covered by the Contract.
CONTRACT ESTIMATED AMOUNT $25,000.00
THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF 10% OF THE ABOVE LISTED
ESTIMATED AMOUNT.
By:
Michael C. Van Milligen
City Manager
CITY OF DUBUQUE, IOWA
AT dG
VENDOR:
Environmental.Management Services
of Iowa, -inc.
ate Company Name
By:
By:
Page 3 of 4
MfH2K ittpaaA)
Printed Name
Pi 1/D
Title
/o / ?/1/
Date
VENDOR ACKNOWLEDGEMENT OF
ATTACHED SPECIAL CONDITIONS:
/6 /7 j
Signature Date
MARK OGATO
Printed Name
rreetiA/9'
Title
The following special conditions shall apply to this Project:
NOTE ATTACHED SEPTEMBER 22, 2011 BID PROPOSAL.
REV. 02/08
Page 4of4
, PROPOSAL ENVIRONMENTAL MANAGEMENT SERVICES OF IOWA, INC.
5170 ,WOLFF ROAD, #2
DUBUQUE, IOWA 52002 -2.563 =
PHONE: (563) 583 -0808 FAX: (563) 583 -2206
PROPOSAL TO: -
City of Dubuque Engineering -Department
Attn: Mr. Steve Brown :
PHONE: . -
(563) 589 -4270
FAX: (563) 589 -4205 ,
DATE:
September 22, 2011
STREET:
City Hall, 50 West 13th Street
JOB:
Asbestos. Removal
CITY, STATE, ZIP: -
Dubuque, IA 52001
JOB LOCATION:
Fire D:epartmentHeadquar-ters, 11 West 9th Street, Dubuque, IA
We hereby submit specifications and estimates for
Removal and disposal of approximately 10,000 sq. ft. of rock ballasts over rubber roof along with
approximately 10,000 sq. ft. of asbestos built up roofing. This work will be coordinated With the roofing.
contractor.
Price Not to Exceed $25,000.00
The price includes disposal costs and General Liability Insurance for asbestos work.
NOTE: The price does not include rock loading and hauling. This will be billed separately.
NOTE :. The prices are not based on Prevailing Wage or Davis 'Bacon Wage Rates.
*WI JOBS ONLY: If awarded this project, there will be an additional notification fee, if applicable, added to the price quoted as this
fee is required by the WI DNR. The fees range from $75.00 to $335:00 depending on the type of project.
*IL JOBS _ONLY: - If awarded this project, there will -be'an additional $150.00 notification fee, if applicable, added to the price quoted
as this fee is required by the IL EPA. Price does not include the cost of required air clearance samples...
*SCHOOL PROJECTS ONLY Prices do not include the cost of project management, if applicable, or air clearance samples that are
required to be taken by an Independent Air. Sampling Professional at the end of a school project. Schools will be billed directly by the
Project Manager and /or Air Sampling Professional.
All work will be performed in accordance with OSHA asbestos standard for construction _industry, 29 CFR`1926.1101 and USEPA
National Einissions;Standard for Hazardous: Air Pollutants (NESHAPS).. Asbestos 'Regulations, 40.CFR 61 Subpart A & M. All work
will be performed byAHERA licensed individuals regularly engaged in asbestos removal..
We propose
Hereby to furnish materials, equipment and labor, complete in accordance with the above specifications, for the sum of
Not to exceed Twenty -five thousand dollars and 00 /100 (plus rock loading and hauling)
Payment to be made as follows: ,
Net 10 days from receipt of invoice /1.5% Past Due -
Any'alteration or deviation from the above specifications involving extra, costs, will be executed only upon written orders; and will become an extra charge
over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control.
Iowa Contractors License No 2078 ` Authorized. Signature:_
IL Asbestos Contractor Permit No. 500 -0482. ' j1 -
WI Contractor Permit No. CAP -13150
- Mark Hogan, President
NOTE: This proposal may be withdrawn if not accepted within 30 'clays.
Acceptance of Proposal
The above prices, specifications, and conditions are satisfactory
and are hereby accepted. You are authorized to do the work as
specified. Payment will be made as stated above.
Signature:
Date Accepted: - Signature: