Flood Damaged Properties_Demolition Bid SpecificationsMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Flood Damaged Properties -- Demolition Bid Specifications
DATE: July 2, 2012
Dubuque
bierd
All-America City
1
2007
Planning Services Manager Laura Carstens recommends City Council approval of the
bid specifications and demolition agreement to allow for the demolition of flood
damages properties at 1580 Old Mill Road, 1658 Manson Road, and 1654 Manson
Road.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Laura Carstens, Planning Services Manager
Masterpiece on the Mississippi
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager
SUBJECT: Flood Damaged Properties — Demolition Bid Specifications
DATE: June 29, 2012
Dubuque
Itittrid
AIl•AmerlcaCily
III 1'
2007
INTRODUCTION
This memorandum transmits the bid specifications and a copy of the agreement for
demolition of three flood damaged properties at 1580 Old Mill Road, 1658 Manson Road,
and 1654 Manson Road. As part of the process for demolition of these three structures, the
bid specifications should be approved by the City Council prior to sending out the
documents to prospective bidders.
DISCUSSION
Planning staff has been working with ECIA to facilitate the buy -out of four flood damaged
properties in the Manson Road / Old Mill Road area. Three of these properties sustained
damage to the degree that the properties need to be condemned and demolished prior to
the City obtaining ownership of the parcels through the Federal Emergency Management
Agency (FEMA) Buy -Out Program. State Homeland Security officials have indicated the
City can participate in the 403 Program, which will provide funds for the City to demolish the
flood- damaged structures prior to taking ownership of the property. As part of the 403
Program, the bid specifications should be approved by the City Council before making them
available for prospective bidders.
RECOMMENDATION
I recommend the City Council approve the attached bid specifications and demolition
agreement to allow for the demolition of flood damaged properties through the 403
Program.
Thank you.
Prepared by Kyle L. Kritz, Associate Planner
Enclosures
cc: Gus Psihoyos, City Engineer
Bob Schiesl, Assistant City Engineer
Rich Russell, Building Services Manager
THE CITY OF DUBUQUE, IOWA
DR- 4018 -1A
§403 RACM Demolition Sealed Bid
Notice to Bidders
You are invited to submit a sealed bid for the demolition, removal, and disposal of flood damaged structures
as requested by the City of Dubuque, Note: a sub - grantee of the State of Iowa, herein referred to as "City of
Dubuque ". Please note that this project requires a Contractor who is currently registered with the State of
Iowa and is State - Permitted for Asbestos Removal. All workers on this project must be properly trained
and State of Iowa - licensed asbestos workers. Workers must at all times carry their license with them while
on the lob site. By submitting a bid on this Project, the bidder represents that: the bidder is a contractor
currently registered with the State of Iowa; is fully qualified and knowledgeable to perform RACM
demolitions; holds the required Iowa asbestos permit and has examined the properties in question.
Sealed bids must be received at ECIA Offices, by Thursday August 9, 2012 at noon in order to be considered.
If you wish to bid, please submit your sealed submittal in a mailing container or envelope which is plainly
marked on the outside with the notation "SEALED BID ENCLOSED — FLOOD RELATED STRUCTURE
DEMOLITION ". ECIA Offices are located at 7600 Commerce Park, Dubuque, Iowa 52002.
INSTRUCTION TO BIDDERS
Name of the Bid
Deadline for Questions
Deadline for Bid Submittal
Bid Opening
Bids Shall Be Submitted To
Method of Submittal
Contact Person, Title
E -mail Address
Phone /Fax
Flood Related Structure RACM Demolition
Thursday August 2, 2012 at 4:OOp.m., CDT
Thursday August 9, 2012 at noon, CDT
Thursday August 9, 2012 at 1:15 p.m., CDT
SEALED BID— FLOOD RELATED STRUCTURE §403 RACM DEMOLITION
ECIA
7600 Commerce Park
Dubuque, Iowa 52002
Express Mail Delivery or In Person, Faxes will not be accepted
Nicole Turpin, Regional Planning Coordinator
nturpin@ecia.org
563- 690 -5774 phone 563 - 556 -0348 fax
The main purpose of this opening is to reveal the name(s) of the Bidders, not to serve as a forum for
determining the awarded bid. Bids will be evaluated promptly after opening. After an award is made, a
bid summary will be sent to all companies who submitted a bid. Bid results will not be given over the
telephone. Bids may be withdrawn any time prior to the scheduled closing time for receipt of bids; no
bid may be modified or withdrawn for a period of sixty (60) calendar days thereafter. By making a bid
on this Project, the bidder represents that the bidder has examined the properties in question.
The City of Dubuque is not responsible for delays occasioned by the U.S. Postal Service or any other means of
delivery employed by the bidder. The City of Dubuque will not open any bid responses received later than
the date and time stated above. Late bids will be returned unopened.
Any questions about the meaning, intent, or the specifications must be inquired to ECIA by the Bidder in
writing no later than Thursday August 2, 2012 at 4:00 p.m. Fax, Email or deliver your written questions to the
contact listed above. Questions will be responded to in the form of written addenda and posted with this
Request for Bid on ECIA's website at www.ecia.com. All addenda that you receive will become part of the
contract documents and are required to be acknowledged on the Signature Page. The sealed bids will be
opened on Thursday August 9, 2012 at 1:15 p.m. at the ECIA Offices.
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Wherever requested throughout this document, a company representative who is authorized to bind the
Contract will sign on behalf of the company to indicate to the City of Dubuque that you have read,
understand, and will comply with the Special Terms & Conditions and Instructions to Bidders & General
Terms and Conditions attached hereto. The City of Dubuque reserves the right to reject any and all bids, to
waive, what is in its sole opinion, minor irregularities of any type or nature that are not material. Further,
mathematical errors in individual bid tabulations and /or total bid summations resulting in differing amounts
than submitted will, at the sole discretion of the Applicant, be taken into consideration and either waived if
deemed not material or considered to be a basis for bid rejection. The Applicant will enter into such contract
as it shall deem to be in its best interest. The Applicant reserves the right to defer acceptance of any bid for a
period not to exceed forty -five (45) calendar days from the date of receiving bids.
The City of Dubuque has contracted with East Central Intergovernmental Association (ECIA) to administer and
oversee the demolition. ECIA and its staff will act as an extension of the City of Dubuque and act in the best
interest of the City of Dubuque.
The bidder who is awarded the contract shall execute a Letter of Agreement and will be given a Notice to
Proceed at the direction of the City of Dubuque. No work shall commence prior to the issuance of a
Notice to Proceed by the City of Dubuque.
All work is to be done in strict compliance with these plans and specifications.
Bids shall be completed in the format of a bid tabulation sheet attached hereto.
Other documents that are a part of this Request for Proposal include: Signature Page, Insurance Requirement
and Bonding information pages.
The contract will be awarded Monday August 20, 2012 at the City of Dubuque City Council Meeting. The
nature of the project includes the demolition and clearance of three residential flood- damaged properties
located at in the City of Dubuque, IA. It is anticipated the work will begin within five (5) days of Notice to
Proceed and completion will be no later than thirty (30) days after Notice to Proceed. A date and time will be
selected for the awarded demolition contractor to sign the contract.
Monitoring
This Project is totally or partially funded by FEMA. FEMA and IHSEMD (Iowa Homeland Security &
Emergency Management) site monitor(s) may be present to observe and monitor demolition procedures at
the worksite.
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SPECIAL TERMS AND CONDITIONS
SCOPE OF WORK
The primary purpose of this scope of work is to demolish and haul away debris from certain flood- damaged
structures identified by the City as an immediate threat to the public health and safety. The Contractor
understands and agrees that demolition and debris removal in the most expeditious manner possible is of
the utmost importance and it will make every effort to complete all requirements of this contract in the
shortest time possible. The structure and basement (slab if a basement -less structure) must be demolished
and removed in the same day. After given Notice to Proceed, the 3 structures are to be demolished as quickly
as possible during one continuous mobilization.
The work to be performed under this Contract shall consist of demolition and removal of flood damaged
structures as directed by the City. The structures have been deemed as immediate threat and structural
hazard by the City of Dubuque. As such, these structures are to be considered Regulated Asbestos
Containing Material (RACM) structures. RACM determination requires that the entire structure is assumed to
contain asbestos and is too dangerous to enter, test, and remove any asbestos containing materials. The
Contractor shall only be required to demolish and dispose of the dwelling structure for this Contract — no
other debris or outbuildings are to be removed at this time. A Project Manager will be employed by ECIA on
behalf of the City of Dubuque to monitor the performance of this Contract. Direction by the Project Manger
in this proposal shall also mean direction by the City. The Project Manager will not have the authority to
grant deviations from this Contract. No demolition activities shall be performed and no debris shall be
loaded without the presence of the On -Site Monitor issuing a proper load ticket to document the origin of
the load with GPS coordinates, date, contractor name, truck number, and loading departure time.
No weekend work is allowed without prior approval from the project manager. The CONTRACTOR must
provide 72 -hours notice before the start of the project, the start date must fall within the 5 days (continuous
days, if day 5 falls on a weekend or holiday the start date must be Monday or the next day after a holiday)
after the Notice to Proceed has been issued. The 72 -hour notice must include start date, start time and
project site location. Failure to start on the start date or at the start time given will result in a $100.00 per
hour fine capped at $1,000.00 per day. The fine will be subtracted from the total project cost.
The Contractor shall demolish the entire structure, including the foundation, the same day; no partial
demolition of the above - foundation structure will be allowed. It is the contractor's responsibility to secure
the site by whatever means necessary to prevent unauthorized entry.
The Contractor must review this Scope of Services and provide support for the fact that the Contractor has
sufficient experience and expertise as necessary to execute the terms and conditions of this contract.
The initial task under this Request for bid includes the following 3 residential structures identified by the City
to be in need of immediate demolition. Please Bid the demolition of only the residential structure unless
noted in parentheses (). Since inspection for ACM and abatement is not possible prior to demolition, all
demolition debris, including cement slabs of basement -less structures and basements, must be handled
and disposed as Regulated Asbestos Containing Material (RACM).
1. 1580 Old Mill Road, Dubuque, IA 52001
2. 1658 Manson Road, Dubuque, IA 52001
3. 1654 Manson Road, Dubuque, IA 52001
The Contractor shall maintain work sites to appropriate use standards, safety standards, and regulatory
requirements. All materials shall be removed, hauled, and disposed according to applicable federal, state,
and local requirements.
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The Contractor shall be responsible for compliance with all federal, state and city requirements related to
structure demolition and removal, including, but not limited to, requirements of the Occupational Safety and
Health Administration (OSHA), EPA and the DNR. These requirements include (but are not limited to) good
demolition practices.
1. Demolition, Removal, and Disposal of Flood Damaged Structures from Private Property
A determination has been made that a threat to life, safety and health to the general public is present on the
private properties listed above. The Contractor will demolish and remove residences and structures on these
private properties as identified and instructed by the City. Right -of -Entry forms have been obtained for the
immediate threat structures and the City will provide the Contractor copies of the Right -of -Entry form
provided to the City by the property owner.
2. Utility Disconnects
The Contractor shall be responsible for coordinating with attendant utilities for disconnection of services,
including water, sewer, power, telephone, cable, internet and natural gas. All utilities must be disconnected
to meet safety or local code requirements.
A. Water Service Disconnects. All structures are located on city water. All service pipes abandoned must be
permanently closed off at the water main and reported to the city manager for inspection and written
approval given before being backfilled.
B. Sanitary Sewer Disconnects. All structures are located on city sewer. All service pipes abandoned must
be permanently closed off at the water main and reported to the city manager for inspection and written
approval given before being backfilled.
C. Other Items. Underground storage tanks must be removed or closed in place according to Iowa
Department of Natural Resources requirements. In the event that historic shaft features such as wells,
cisterns, or privies are uncovered, the contractor will inform the on -site monitor who will in turn notify
the Project Manager who will notify City of Dubuque Officials, Iowa Homeland Security and Emergency
Management Division, FEMA, State Historic Preservation Office and the Office of State Archeology. (See
if4 below) These features should be filled or capped with clean material from an off -site previously used
borrow pit.
3. Tires, Household Hazardous Waste, White Goods, and Electronics
Due to the unsafe conditions of the structure, the above hazardous wastes may not be removed from the
structure and must be disposed of as part of the RACM structure.
4. Archeological Deposits
In the event that archeological deposits (soils, features, artifacts) or other remnants of human activity are
uncovered, or if archeological deposits are found during project demolition construction activities, the
project will be halted immediately in the vicinity of the discovery, and the Contractor will take reasonable
measures to avoid or minimize harm to the finds. The Contractor will inform the on -site monitor who will in
turn notify City Officials. ECIA on behalf of the City of Dubuque will notify the State Historical Society of Iowa
(SHSI) and FEMA immediately. Work in the sensitive area cannot resume until a qualified archeologist
determines the extent of the discovery, consultations between SHSI and FEMA are complete and the City of
Dubuque has been notified by SHSI and FEMA.
5. Removal and Disposal of Regulated Asbestos Containing Material (RACM) in Demolition
Because of the widespread use of Asbestos Containing Materials (ACM), buildings that have been damaged
and are structurally unsound and in danger of imminent collapse are considered to be potentially
contaminated with asbestos. In addition, during the demolition of these properties ACM will be disturbed
and further contaminate the structure. Since inspection for ACM and abatement is not possible prior to
demolition, all demolition debris, including foundation, cement slabs of basement -less structures and
basements, must be handled and disposed as Regulated Asbestos Containing Material (RACM). This
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requirement is in accordance with the asbestos NESHAP and consistent with how Iowa DNR has handled
similar structures.
The Contractor shall employ good demolition techniques, which includes:
A. Wetting structures and debris prior to and during demolition to reduce the potential for air
migration of asbestos,
B. Using demolition techniques to minimize excessive breaking of material,
C. Maintaining practices to keep personnel and bystanders at a safe distance from demolition
activities,
D. Loading the material with techniques to maintain sufficient distance from personnel to reduce
the exposure to airborne material,
E. "Burrito wrapping" of loads to prevent material from becoming airborne during hauling
(general tarping will not be a sufficient method of transport for RACM),
F. Placing a placard on the truck hauling the RACM debris in accordance with DNR and DOT
requirements,
G. Manual cleaning of the demolition site to remove all demolition debris presumed to contain
asbestos materials from the site.
H. Using demolition techniques that minimize ground disturbance. Trees shall not be removed
except in cases where obstruction is a safety factor.
I. Disposing of RACM, as approved by the DNR, shall be at separate areas of disposal sites and
shall be disposed using techniques to minimize the potential for debris or dust to become
airborne.
J. All trucks and /or trailers must have solid metal end gates.
K. All pieces, parts, scraps, debris, rubbish and organic material from a building, structure, or
portion of a building in the process of being demolished shall be cleaned up and removed daily
from the premises, and including streets and public property.
L. Final cleanup of the site after the building or structure is demolished shall include thorough
removal of all wood, debris and organic materials, filling of depressions according to backing
filling specifications, and including a tillable layer of topsoil over the entire lot to a uniform
natural grade consistent with the established adjacent grades.
Since most sites will not have a viable source of water, the contractor shall have a water truck on site during
demolition.
Contractor shall be responsible for providing protective gear and equipment (PPE) to its agents and
employees and for ensuring its proper utilization in the event of an encounter with asbestos when the
debris being removed as well as the demolition of structures containing (and suspected of to contain)
RACM under this Contract. This shall include at a minimum a hard had, safety vest, goggles and steel -toed
shoes /boots. Additionally, those actually working in the hot zone will be equipped with PPE appropriate
for such work under State /OSHA regulations.
Removal and disposal of any debris, including hazardous materials, located outside of the structure is not
included in the Scope of Services.
6. Securing the Site
The Contractor shall take all the necessary steps to ensure each site in a manner to prevent access by the
general public. A "Hot Zone" consisting of temporary barricade type fence shall be erected around each
structure to be demolished to prevent access by the public. This fence shall have "Asbestos" warning tape
atop it, with ACM warning placards posted in at least 4 corners of the zone. Such fence shall be: (1) At least
four feet high. (2) Consistently restrictive from top to grade. (3) Without horizontal openings or indentation
wider than two inches. The fence shall be erected before demolition begins and shall not be removed until
the basement is filled.
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7. Backfill — Finishing
The Contractor shall obtain inspection and approval from the Project Manager prior to backfilling any
excavations, holes or depressions on the demolition site as a result of the structure demolition. Excavations,
cellar holes, basement holes, abandoned cisterns or other depressions in the wrecking site shall be filled and
compacted with sand or earthen fill and a tillable layer of topsoil (4 -6 inches), both from an off -site
previously used borrow -pit, spread over the entire lot to a uniform, natural grade consistent with
established adjacent grades. (Flo fly ash or equal.)
Adjacent grades. When referred to in these specifications, adjacent grade means approximate existing
elevations of the ground surrounding the basement, or other excavated or depressed area, at the distance of
5 feet outside the area, particularly when the existing ground has previously been graded up so as to slope
away from the structure. Backfill will match the stability and grade of the adjacent undisturbed soils. To
prevent the settling of the backfill and the ponding of surface water, grade will remain uniformly stable for at
least sixty days after the date the job is reported "finished ", or if the backfill materials were frozen when used
causing unacceptable settling during the first sixty days after the ground is free of frost. The Contractor shall
remedy such settling by additional tamping, refilling, compacting and re- grading in conformance with the
standards set forth in this section.
Cleanup. All pieces, parts, scraps, debris, rubbish, wood and organic materials from a structure or part of a
structure in the process of being demolished shall be cleaned up and removed from the premises daily. Final
cleanup after the structure is demolished shall include complete and thorough removal from the premises of
all parts or pieces of the building, its contents and its furnishing, including all debris, organic materials,
rubbish, wood, concrete, and masonry rubble in their entirety. Examples include: concrete or brick floors of
basements, or of area -ways, stairways, stairwells, or depressed structures shall be completely removed.
Concrete slabs on grade including floors of basement -less buildings, entrance slabs, patios, garages or shed
floors. If an accessory building (garage or shed) is part of the specific project, the underlying concrete, stone
or brick floor shall be removed. All hazardous open pits and recesses shall be filled with thoroughly tamped
earth to completely eliminate the hazard.
Sewers, stacks, or other sanitary pipes extending to or through the floors and slabs shall be filled.
Erosion Control. The Contractor is responsible for supplying all the necessary equipment to prevent soil and
water run -off from occurring on the site during and following demolition, including but not limited to
providing silt fencing and /or a silt sock. The Contractor is to provide the necessary equipment for the proper
preparation of the ground surface and for handling. All required materials shall be on hand, in good condition
and shall be approved by the onsite monitor.
Topsoil: A layer of topsoil will be brought onto each lot to uniform grade.
Tillage: After the areas disturbed during the demolition process have been brought to an appropriate grade,
the areas shall be thoroughly tilled to a depth of at least 3 inches by plowing, discing, harrowing, or other
approved methods until the conditions of the soil is acceptable to the onsite monitor. Work only during
periods when beneficial results are likely to be obtained. When conditions are such, by reason of drought,
excessive moisture, and other factors, that satisfactory results are not likely to be obtained, work shall be
stopped.
All final grading and sloping with required surface drainage shall be completed before seeding operations are
commenced.
Areas inaccessible to field machinery shall be prepared by hand to a depth not less than 2 inches. After
seedbed preparation has been completed, the Contractor shall pick up and dispose of all debris, including
stones, boulders, logs, stumps, cables, or other foreign material that will interfere with the seeding
operation.
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Seeding: Seeding must be made during the seasons when the seed will grow and provide expected cover.
Avoid midsummer seeding unless the areas can be mulched and irrigated. All seeding times shall be approved
by the onsite monitor. Seed in early Spring, March through May, and early Fall, August through September. A
method of sowing seed satisfactory to the onsite monitor shall be employed, such as use of approved
hydraulic, gravity, endgate - cyclone, or hand - cyclone seeders. The equipment shall have suitable capacity and
working pressure and a nozzle adapted to the type of work. Supply tanks shall have a means of agitation.
Tanks shall be calibrated and provided with a calibration stick or other approved device to indicate the
volume used or remaining in the tank. Gravity seeds shall be pulled by mechanical means, shall provide
agitation of the seed, shall have an adjustable gate opening, and shall uniformly distribute seed on the
prepared seedbed. The seed hopper shall be equipped with baffle plates spaced not more than 2 feet apart.
The baffle plates shall extend from the agitator shaft to within approximately 2 inches of the top of the seed
hopper. Wind guards will be required to facilitate seeding when moderate wind conditions exist and when so
ordered by the onsite monitor. Wind guards shall be placed in front or in back (or both) of the seed outlet
and shall extend to near the ground line. Endgate - cyclone seeders shall be suitably mounted. Movement
shall be provided by mechanical means. The seed shall drop through an adjustable -flow regulator onto a
rotating, power- driven, horizontal disk or fan. Hand - cyclone seeders shall be carried by the person dispensing
the seed. The seed shall drop through an adjustable —flow regulator onto a rotating, hand - driven horizontal
disk or fan.
For soils that are somewhat poorly drained with high moisture holding capacity and may not be tiled but
surface drainage prevents standing water, then use a seed mixture of 80% (by weight) of Kentucky Bluegrass
and 20% Redtop. The seeding rate shall be 2.5 lbs. per 1000 sq. ft. For soils that are sandy or shallow to sand
or bedrock, excessively drained or droughty soils, use a seed mixture of 30% Kentucky Bluegrass and 70%
Creeping Red Fescue. The seeding rate shall be 2.5 lbs. per 1000 sq. ft.
For soils that are moderately deep to deep, moderate to well drained, medium textured soils, use 60%
Kentucky Bluegrass and 40% Creeping Red Fescue. The seeding rate shall be 2.5 lbs. per 1000 sq. ft.
Annual rye grass at a rate of 10 lbs. per acre may be seeded with permanent grass seed only during the spring
seeding period and on those areas where quick cover is needed with approval from the onsite monitor.
All seed shall be applied uniformly using approved methods.
Grasses Minimum Seed Purity ( %) Minimum Germination ( %)
Kentucky Bluegrass 85 80
Redtop 90 85
Tall Fescue 98 85
Creeping Red Fescue 85
Rye 97 90
Sewers, stacks or other sanitary pipes extending to or through the floors and slabs shall be filled.
8. Priority Work Areas
The City will establish the priority of and shall approve the geographic work areas in advance in which the
Contractor will be allowed to work. A meeting will be held to determine approved work areas. If multiple
contracts are awarded, each Contractor will be assigned a property for demolition. The City may choose to
reassign properties at any time for any reason. The Contractor shall remove all debris and leave the site from
which the eligible debris was removed in a clean and neat condition. Determination of when a site is in a
clean and neat condition will be at the reasonable judgment of the On -Site Monitor.
9. Debris Ownership and Hauling Responsibilities
Once the Contractor begins activity on a site, all debris generated is the property of the Contractor and the
Contractor is solely responsible for all aspects related to the debris, including, but not limited to, the hauling
and disposal of the debris. This includes all materials resulting from demolition unless otherwise specified in
this scope of work. As a result of the RACM determination of the structure, all debris must be disposed of
properly as RACM.
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A. The Contractor acknowledges, represents and warrants to the City that it is familiar with all laws relating
to the disposal of RACM materials as stated herein and is familiar with and will comply with all guidelines,
requirements, laws, regulations and any other federal, state or local agencies or authorizes.
B. The Contractor acknowledges and understands that any disposal, removal, transportation or pick -up of any
materials not covered under the scope of works shall be at the sole risk of the Contractor. Contractor
understands that it will be solely responsible for any liability, fees, fines, claims, etc., which may arise from its
handling of materials not covered by the scope of work.
C. The Contractor is responsible for determining and complying with applicable requirements for securing
loads while in transit and that all trucks have a solid tailgate made out of metal. Contractor shall assure that
loads are properly secured and transported without threat of harm to the general public, private property
and public infrastructure.
D. The Contractor shall insure that all vehicles transporting debris are equipped with and use tarps or netting
over the "burrito wrap" to prevent further spread of debris.
10. Debris Disposal
The Dubuque Metropolitan Landfill is the designated disposal site for demolition debris from the 3 structures
of RACM. The Dubuque Metropolitan Landfill is located at 14501 Highway 20 West, Dubuque, Iowa 52002.
Please contact the Landfill for the most current tipping fees (563) 557 -8220 or www.dmaswa.org.
Contractor acknowledges, represents and warrants to the City that it is familiar with all laws relating to
disposal of the materials as stated herein and is familiar with and will comply with all guidelines,
requirements, laws, regulations, and any other federal, state or local agencies or authorities.
A.
B.
C.
Contractor acknowledges and understands that any disposal, removal, transportation or pick -up of any
materials not covered in this scope of work shall be at the sole risk of the Contractor. Contractor
understands that it will be solely responsible for any liability, fees, fines, claims, etc., which may arise
from its handling of materials not covered by this scope of work.
Contractor is responsible for determining and complying with the applicable requirements for securing
loads while in transit and that all trucks have a solid metal tailgate. Contractor shall assure that all loads
are properly secured and transported without threat of harm to the general public, private property and
public infrastructure.
The Contractor shall ensure that all that RACM debris is "burrito wrapped" in the transport trailers and
may be additionally equipped with and use tarps or netting to prevent further spread of debris.
11. Equipment:
A. The Contractor shall be equipped with the normal tools of their trade and shall furnish all labor, tools,
and other items necessary for and incidental to executing and completing all required work.
B. All equipment and vehicles utilized by the Contractor shall meet all the requirements of the federal, state
and local regulations including, without limitation, all USDOT, Iowa DOT and safety regulations, and are
subject to the approval of the City. All loads must be secured and solid metal tailgates must be used on
all loads. Sideboards must be sturdy and may not extend more than two feet above the metal sides of
the truck or trailer.
C. The Contractor shall supply vinyl type placards identifying the City, the names of the Contractor and
subcontractor, and large spaces for the On -Site Monitor to write in the assigned Truck Number and other
information. The Contractor shall maintain a supply of placards during the project in the event
replacements are needed. Placards must be in plain view from the tower as trucks or trailers enter the
disposal facility.
D. The Contractor shall submit with their bid package a complete and updated list identifying truck and
trailers that will be used in the transport of debris to the permanent disposal sites. The listing shall
include the following information:
1. Truck and /or trailer license number
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2. Year, make and color of each truck and /or trailer
3. Cubic yardage capacity of each trailer as measured and recorded by the On -Site Monitor
E. Each truck and trailer passing through disposal check points shall be identified by a Contractor's logo and
an identifying number that ties the vehicle to the above information. Any vehicle not matching the
above information or not containing other identification as may be required by the City shall not be paid
for debris being transported.
F. Load tickets shall be supplied by the On -Site Monitor for all trucks and shall include a means of
identifying the truck, the specific location (address and GPS coordinates) from which debris is removed,
the disposal site to which materials were delivered and a place for the authorization by the On -Site
Monitor and the landfill site operator.
12. Emergency Planning
An emergency plan (Health and Safety Plan- HASP) shall be developed prior to work commencing. This must be in
compliance with OSHA 29 CFR 1910, Occupational Safety and Health Standards and OSHA 29 CFR 1926, Safety and
Health Regulations for Construction.
The emergency procedures in the Health and Safety Plan shall include:
• telephone numbers for potential emergency response (police, fire department, and emergency medical
needs),
• the location of the nearest telephone and the location to the nearest hospital. A map showing streets
with directions of the hospital shall also be provided in the plan.
• considerations of fire, explosion, toxic atmospheres, electrical hazards, slips, trips and falls, confined
spaces, heat - related and other injuries.
Written procedures shall be developed and staff training in the procedures shall be provided to all employees.
Employees shall be informed of the Health and Safety Planning and trained in evacuation /response procedures in
the event of workplace emergencies. This plan shall be filed with Applicant prior to the commencement of any
work. Contractor must provide certification that all staff has received HASP training.
13. Property Damage
The City will retain 5% of the amount due to the Contractor as per Iowa Code Section 573.12(1). Said
retainage will be for the purposes of both ensuring the completion of work to the City's satisfaction and as an
offset to damages to public or private property. Unresolved damaged claims exceeding 55 will be pursued
against the Contractor's performance bond. The Contractor shall be responsible for all damages to public
and private property. The Contractor shall be responsible for having at least one person of authority and
responsibility at the job site. Contractor shall keep a report of all damage. If public or private property is
damaged by the Contractor and is not repaired in a timely manner as determined by the City, the City has the
option of having the damage repaired at the Contractor's expense to be reimbursed to the City, withheld
from retainage or submitted to the Contractor's surety for payment under the Contractor's performance
bond.
AWARD CRITERIA
Award of bid shall be made to the lowest and best responsive and responsible Bidder(s) meeting the
specification set forth herein. In addition to the quoted price, the following is a partial list of the criteria that
may be used in our determination of vendor responsibility and responsiveness:
A. Experience with RACM demolitions
B. Successful and timely completion of prior RACM demolition projects
C. Company's reputation and financial status
D. Company's ability to meet the City's insurance requirements
E. City's past experience with bidder on other projects
F. Reference checks
The City reserves the right to accept or reject any or all bids, to waive, what is in its sole opinion, minor
irregularities of any type or nature that are not material. Further, mathematical errors in individual bids
9
tabulations and /or total bid summaries resulting in differing amounts than submitted will, at sole discretion
of the City, be taken into consideration and either waived, if deemed not material or considered to be a basis
for bid rejection. The City will enter into such contract agreement as it shall deem to be in its best interest.
The City reserves the right to defer acceptance of any bid for a period not to exceed forty -five (45) calendar
days from the date of receiving bids.
TERM OF CONTRACT
The work to be performed under this contract shall be completed by the Contractor within 30 days
commencing upon written Notice to Proceed.
The City and the Contractor may renew the original contract for additional thirty (30) day time periods by
mutual agreement. Five (5) days notice must be given to renew the contract for additional increments.
A Letter of Agreement and Notice to Proceed, prepared by the Project Manager, shall become the document
that authorizes the contract to begin. Each section contained herein, and addenda and the response from
the successful bidder shall also be incorporated by reference into the resulting agreement.
No price escalation will be allowed during the initial term of the contract. The price will not exceed the
written contract amount which is determined from the bid proposal. If it is mutually decided to renew
beyond the initial period and the Contractor requests a price increase, the Contractor shall provide sufficient
written certification and documentation to substantiate the request. Documentation shall include, but not
be limited to; actual material invoices, copies of commercial price lists, provision of appropriate indices, etc
which reflect said increases. The City reserves the right to accept or reject price increases, to negotiate more
favorable terms, or to terminate without cost the future performance of the contract.
ESTIMATED QUANTITIES
The City does not guarantee any quantity of work under this contract. Although structures within the City are
in need of demolition, the work authorized may be limited by factors such as environmental concerns,
property owner permission, and eligibility for reimbursement. Actual quantities, whether lesser or greater
than estimated by the Contractor on the Bid Tabulation sheet for each address, will not affect the pricing
process as indicated, nor the total project price bid by the Contractor and accepted by the City. The
Contractor is to indicate on each bid tabulation sheet the estimated quantities of debris and fill material.
Payment will be made based on these quantities regardless of the actual amounts involved.
BID EVALUATION PROCEDURES
The City Council will evaluate the bids individually. Financial terms will not be the sole determining factor in
this award. Other criteria such as those listed on page 6 will be considered, as well as any other factors that
the Board determines may affect the suitability of the bid for the City's requirements. A Contractor's
submission of the bid constitutes their acceptance of the evaluation technique and their recognition and
acceptance that the evaluators in this evaluation will use subjective judgment.
CONTRACTOR EMPLOYEES
Any person performing work on behalf of the Contractor must be identifiable by uniform, proper
identification, and /or a marked vehicle. The Contractor shall only furnish employees who are properly
licensed, competent and skilled for work under this contract.
If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform
in accordance with the terms and conditions of the contract, threatens or uses abusive language while
performing work, or is otherwise unsatisfactory, that employee shall be removed from all work under this
contract.
CONFLICT OF TERMS
If there is a conflict between the terms of these Special Terms and Conditions and the Demolition Agreement,
the Special Terms and Conditions shall prevail.
10
PRICING
This is a unit price, lump sum agreement; all bids, bid components and bid tabulations are on a "not to
exceed" basis. Change orders, additions, deletions and any other changes in the scope of the work, will take
the form of written amendments mutually agreed to by the Contractor and City. In the case of a
mathematical errors, transposition of figures and the like, actual bid tabulation totals will take precedence
over summary bid figures.
BONDS AND INSURANCE
Prior to signing the contract, the Contractor agrees to furnish the City with all applicable certificates of
insurance. A Surety Bond shall be provided in the amount of $5,000 for an excavation contractor if street
excavation is required
Each BID must be accompanied by a BID bond payable to the City of Dubuque for five percent (5 %) of the
total amount of the BID. As soon as the BID prices have been compared, the City of Dubuque will return the
BONDS of all except three lowest responsible BIDDERS. When the Agreement is executed the bonds of the
two remaining unsuccessful BIDDERS will be returned. The BID BOND of the successful BIDDER will be
retained until the payment BOND and performance BOND have been executed and approved after which it
will be returned. A certified check may be used in lieu of a BID BOND, as may a cashier's check or certified
share draft.
A performance BOND and payment BOND and payment BOND, each in the amount of 100 percent (100 %) of
the CONTRACT PRICE, with a corporate surety approved by the City of Dubuque, will be required for the
faithful performance of the contract.
Attorneys -in -fact who sign BID BONDS or payment BONDS and performance BONDS must file with each
BOND a certified and effective dated copy by their power of attorney.
The party to whom the contract is awarded will be required to execute the Agreement and obtain the
performance BOND within ten (10) calendar days of the date when NOTICE OF AWARD is delivered to the
BIDDER. The NOTICE OF AWARD shall be accompanied by the necessary Agreement and BOND forms. In case
of failure of the BIDDER to execute the Agreement, the City of Dubuque may at their option consider the
BIDDER in default, in which case the BID BOND accompanying the proposal shall become the property of the
City of Dubuque.
The City of Dubuque within ten (10) days of receipt of acceptable performance BOND, payment BOND and
Agreement signed by the party to whom the Agreement was awarded shall sign the Agreement and return to
such party an executed duplicate of the Agreement. Should the City of Dubuque not execute the Agreement
within such period, the BIDDER may by WRITTEN NOTICE withdraw the signed Agreement. Such notice of
withdrawal shall be effective upon receipt of the notice by the City of Dubuque.
PAYMENT— BILLING
Purchases authorized under this contract will be paid for upon receipt of an original invoice within sixty (60)
days and after all services are delivered, inspected and accepted. If multiple contracts are awarded, each
property is requested to be invoiced individually.
The invoice shall clearly state:
1. The Contractor name,
2. The address of each structure and GPS coordinates
3. Itemized demolition cost for each structure broken down into the four items listed on page 10
4. Description of work performed, and
5. Date of demolition
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Invoices shall be mailed to:
ECIA
Attention: Nicole Turpin
7600 Commerce Park
Dubuque, Iowa 52002
Final payment will not be made until a passing Final Inspection has been given.
The City may withhold payment for reasons including, but not limited to the following: unsatisfactory job
performance or progress, defective work, disputed work, failure to comply with material provisions of the
contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause.
SURCHARGES
Surcharges (i.e. fuel surcharges, restocking fees, etc.) shall not be allowed to be added to invoices as an
additional line item.
WARRANTIES AND REPRESENTATIONS
The Contractor shall comply with all Federal, State, County and municipal laws, ordinances and regulations.
The Contractor shall not discriminate against any employee or applicant due to sex, race, color, creed,
national origin or ancestry. The Contractor further certifies he is eligible to perform this contract under local,
state and Federal law, is not now and has never been debarred from performing Federal or State government
contract.
DOCUMENTS TO BE SUBMITTED WITH BID
PROPOSAL
1. Listing of Trucks and Trailers
2. Bid Submittal Form
3. Technical Proposal
4. Signature Page
5. Certificate of Insurance
6. State Contractors Registration
7. Surety Bond
8. Asbestos Removal Contractor
License
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BID SUBMITTAL FORM —City of Dubuque, Iowa — Demolition of Flood Damaged Structures
Contractor, having examined the specifications with related documents and the sites of the proposed work,
and being familiar with all of the conditions surrounding the work of the proposed project, including
availability of equipment and labor, hereby proposes to perform in accordance with this Request for Bid, and
at the prices stated. These prices shall cover all expenses incurred in performing the work required under the
Contract Documents, of which this Request for Bid is a part.
Contractor hereby agrees to commence work under this contract on a date to be specified in a written
"Notice to Proceed" and to fully complete the work in the contractual period of time allotted.
The quantities below do not necessarily reflect the actual quantities of debris that will be moved as part of
this Contract. The Contractor's estimated quantities given will be used for the sole purpose of assisting the
City in its evaluation of the bids for award of Contract. The Contractor acknowledges that no representation
or guarantee is made by the City or its agents as to the actual amount of each type of debris to be moved, or
the total amount of debris to be moved. All tipping fees /disposal costs shall be paid by the Contractor as
part of unit prices.
Contractor agrees to complete the project as described in accordance with the specifications and other
information included in the contract documents for the following prices:
Item
No.
Item Description
Estimated
Quantity
Unit Price
(written)
Unit Price
(numeric)
1
STRUCTURE DEMOLITION, REMOVAL AND DISPOSAL OF
REGULATED ASBESTOS CONTAINING MATERIAL (RACM)
to the Dubuque Metropolitan Landfill, resulting from
demolition of structures. (including all white goods,
electronic waste, HHW, and all other contents contained
therein)
Price
Extension
(numeric)
2
3
UTILITIES DISCONNECT. The Contractor shall arrange for
the disconnection and removal of all utilities in
coordination with the appropriate utility service
providers.
CLEAN FILL DIRT (from an off-site borrow -pit). The
Contractor shall acquire, deliver, place and compact in
12 inch lifts up to grade, clean fill dirt in exposed
basements and in other flood or non -flood related
depressions as a result of demolition activities on the
property and as directed by the City.
4
5
Erosion Control. The Contractor shall till to a depth of at
least 3 inches and seed to spec.
DEMOLITION AND REMOVAL OF RACM CONCRETE,
BRICK, BLOCK, STONE. The Contractor shall remove and
dispose of concrete, brick or stone basements and floors
and cement slabs of basement -less structures to the
Dubuque Metropolitan Landfill.
TOTAL BID (numeric) Not to exceed
TOTAL BID (written) Not to exceed
Any changes in the scope of work will take the form of written amendments /change orders
Address of Structure this Bid pertains to:
(one bid sheet per address)
Name of Contractor:
By:
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BID SUBMITTAL FORM — City of Dubuque — Demolition of Flood Damaged Structures
The BIDDER is required to indicate the name and address of all subcontractors.
BIDDER agrees to perform all the work described in the contract documents and the above project
specifications for the above indicated residence at the following indicated price, and all bids shall include all
other applicable fees. Bids as received must be for the execution of the entire job as called for in the project
specifications provided. Each property is to be bid as a separate bid tab. The individual bid tabs are to be
totaled to equal bid amount as entered in the bid summary. Do not include Alternate Bids in bid summary
price. It is expressly understood that the foregoing total bid is the basis for establishing the amount of bid
security and is for comparison of bids only, and is not to be considered or construed to be a lump sum
proposal.
RACM DEMOLITION BID, NOT TO EXCEED: $ (total bid)
BIDDER:
FIRM NAME:
STREET ADDRESS:
CITY AND ZIP CODE
OFFICE TELEPHONE NUMBER
CELULARTELEPHONE NUMBER
E -MAIL ADDRESS
IOWA CONTRACTOR LICENCE NUMBER
SIGNATURE:
NAME TYPED OR PRINTED:
TITLE: Date:
ASLO ATTACH TO YOUR BID THE FOLLOWING INFORMATION. (on file is not acceptable).
1.) PROOF OF CONTRACTORS INSURANCE CERTIFICATION
2.) BID SECURITY OR BID BOND (5% of total bid)
3). CURRENT IOWA CONTRACTORS REGISTRATION AND ASBESTOS PERMIT
4.) ALL BIDS MUST BE TYPED OR IN INK AND ROUNDED TO THE NEAREST DOLAR. Every property must be bid
and properties may not be lumped together. It is the right of the City of Dubuque to delete line items if
necessary.
Incomplete bids will be rejected.
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TECHNICAL PROPOSAL
The experience requirements are as follows and must be separately addressed and covered:
1. Describe experience in all aspects of demolition and debris management, to include demolition, hauling,
disposal, contract management, accounting, and documentation systems.
2. Company Profile including the firm name, business address, telephone number, and year established.
3. Each Bidder shall submit a written statement describing the experience, organizational structure and
"chain of command" of the Contractor's and subcontractor's response team and the project
management methods that are most appropriate to perform the contract services. The statement must
include: historical methods for communicating with team members and local emergency management
staff, team work assignments, data management and project tracking methodologies.
Bidder shall provide:
a. Education, background and experience of Senior Management;
b. Professional recognition of Bidder and /or its senior management team;
c. The ability of Bidder to reduce and /or prevent the instances of fraud, waste and abuse.
Any reservists, consultants or part -time employees, or sub - contractor employees must be identified as
such.
4. References. Include a reference list of at leave five (5) clients to whom the Contractor and /or its
subcontractors have provided services similar in scope and size to those being proposed herein. At least
three references must be relating to project including disaster debris removal and at least two must
include structure demolition. Please indicate which references are related to demolition and debris
projects specifically.
5. Environmental Plan. Bidders must provide an Environmental Plan to demonstrate compliance with
applicable environmental regulations in the demolition and debris removal process.
6. In the event that negotiations should occur, the Bidder shall list who shall serve as the authorized
negotiator for Contractor.
7. Whether Bidder, or any employee thereof, anticipated being assigned to provide debris removal services
has been a defendant in any proceeding involving or arising out of debris removal services within the
past five years.
8. Whether or not Bidder has had a contract related to demolition or debris removal cancelled within the
last seven years. If so, state the name and address of the other contracting party and reason.
9. All Bidders must certify that Contractor, nor any employee thereof, has any conflict of interest, either
direct or indirect, in connection with the services sought herein pursuant to federal or state law.
10. The volume of service needed is unknown. The agreement established with the successful bidder shall
be for service as needed with no guaranteed minimum tonnage of debris to be removed.
Please provide the estimated average number of tons your company has the capability to remove per
day.
11. Has your company received an OSHA violation in the past five years?
Yes No
If yes, please attach copies of the citations and an explanation of how they have been resolved.
15
SIGNATURE PAGE
The undersigned 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.
Submitting Firm:
Address:
City: State: Zip:
Authorized Representative (print)
Authorized Representative Signature
Date : Email:
Phone: Fax:
EXCEPTIONS /DEVIATIONS to this Request for Bid shall be taken in writing on an attached document
provided by the Bidder. Please be as specific as possible. If your company has no exceptions /deviations,
please write "No Exceptions ".
GENERAL INFORMATION. FOB Point in terms of loss or damage is destination. Freight and /or delivery
charges shall be included in the price of the goods.
FIRM PRICING. Offered prices shall remain firm fora minimum of 60 days after the due date of this
solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the
contract. Any changes in the scope of work will take the form of written amendments.
ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized
representative hereby acknowledges receipt of the following addenda:
Addenda Number Date Addenda Number Date
Addenda Number Date Addenda Number Date
PAYMENT METHOD. A check will be issued upon passing Final Inspection from the Building Inspector
and the On -Site Monitor.
We choose not to bid at this time but would like to be considered for future requests for bid.
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Building Demolition and Asbestos Removal Insurance Requirements
CONTRACTOR, at its own expense, shall procure and maintain the following insurance so as to cover all
risk which shall arise directly or indirectly from CONTRACTOR'S obligations and activities.
1. Workers Compensation and Employers Liability Insurance meeting the requirements of the
Iowa Workers Compensation Law covering all of the Contractors employees carrying out their
work.
2. General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily
Injury and Property Damage. As a minimum, coverage for Premises, Operations, Products and
Completed Operations shall be included. This coverage shall protect the public or any person
from injury or property damages sustained by reason of the Contractor or its employees
carrying out their work.
3. Automobile Liability Insurance with either a combined limit of at least $1,000,000 per
occurrence for bodily injury and property damage without sub - limits or split limits of at least
$1,000,000 for bodily injury per person per occurrence and $1,000,000 for property damage per
occurrence. Coverage shall include all owned, hired, and non -owned motor vehicles used in the
performance of work by the Contractor or its employees.
4. Pollution Liability Insurance with limits of at least $1,000,000 per occurrence covering all risks
arising from the Contractor and its employees removing and properly disposing of hazardous
waste materials.
Subcontractors. In the case of any work sublet, the Contractor shall require subcontractors and
independent contractors working under the direction of either the Contractor or a subcontractor to
carry and maintain the same workers compensation and liability insurance required of the Contractor.
Asbestos removal must be done by a licensed asbestos removal contractor with a current certificate of
insurance on file with the City.
Qualifying insurance. Policies shall be issued by insurers who are authorized to do business in the State
of Iowa. All policies shall be occurrence form and not claims made form. The Contractor shall be
responsible for deductibles and self- insured retentions in the Contractor's insurance policies.
Additional Insured. The City of Dubuque, its officers and employees and agents (ECIA) shall be named
as additional insured on the Contractor's, subcontractor's, and independent contractor's liability
insurance policies and certificates of insurance. This provision does not apply to workers compensation
insurance.
Certificate of Insurance Requirements
1. "The City of Dubuque, its officers and employees and agents (ECIA)" shall be designated as
additional insured's.
2. The minimum liability limits required by the City are $1,000,000. This must be occurrence form
liability coverage.
3. The following address must appear in the Certificate Holder section: City of Dubuque, 50 W 13th
Street, Dubuque, IA 52001.
4. Certificate of Insurance must be provided to the City prior to starting the project and before a
permit will be issued. Certificates may be sent by email, fax, mail, or delivery. (see cover page)
5. Contractor shall provide the City with a renewal certificate of insurance 20 days prior to policy
expiration dates.
6. The certificate must clearly state that there is $1,000,000 of Pollution Liability coverage.
17
INSTRUCTIONS TO BIDDERS AND GENERAL TERMS AND CONDITIONS
1. LANGUAGE, WORDS USED INTERCHANGEABLY -The word CITY refers to the CITY OF DUBUQUE, IOWA throughout these
Instructions to Bidders and General Terms and Conditions. Similarly, BIDDER refers to the person or company submitting
an offer to sell its goods or services to the CITY. The words QUOTATION, BID and PROPOSAL are all offers from a BIDDER,
but may represent different methods of obtaining price and other information from the BIDDER.
2. BID TABULATION AVAILABILITY - Bids will be evaluated promptly after opening. After award, a bid tabulation summary
will be sent to all companies who submitted a bid or returned a Statement of No Bid. BID RESULTS WILL BE GIVEN OVER
THE TELEPHONE. No Bid may be withdrawn for a period of sixty (60) calendar days of the Bid Opening date.
3. BIDDER QUALIFICATIONS - No Bid shall be accepted from, and no contract will be awarded to, any person, firm or
corporation that is in arrears to the City upon debt or contract, that is a defaulter, as surety or otherwise, upon any
obligation to the City, or that is deemed irresponsible or unreliable by the City. If requested, Bidders shall be required to
submit satisfactory evidence that they have a practical knowledge of the particular supply /service bid and that they have
the necessary financial resources to provide the proposed supply /service as described in the attached Technical Proposal
specifications.
4. BID FORM - Each Bidder must submit an original Bid on the forms attached plus any additional sheets provided by the
Bidder that may be required for additional information. The Bidder shall sign his /her Bid correctly, and the Bid may be
rejected if it shows any omissions, alterations of the form, additions not called for in the Bid, or any irregularities of any
kind. The City will not consider replies that are not on the City's form. Bidders may submit additional information and
brochures relative to the services for which they are offering pricing, but those submittals will only be considered in
addition to, not in lieu of, any bid submitted on the City's form. In case of a discrepancy between the unit price and the
extended price, the unit price shall prevail.
5. SPECIFICATION DEVIATIONS BY THE BIDDER - Any deviation from this specification MUST be noted in detail, and
submitted in writing and attached to the Bid Form. Completed specifications should be attached for any substitutions
offered, or when amplifications are desirable or necessary. The absence of the specification deviation statement and
accompanying specifications will hold the Bidder strictly accountable to the specifications as written herein. Failure to
submit this document of specification deviation, if applicable, shall be grounds for rejection of the item when offered for
delivery. If specifications or descriptive papers are submitted with Bids, the Bidder's name should be clearly shown on
each document.
6. BIDDER REPRESENTATION - Each Bidder must sign the Bid with his /her usual signature and shall give his /her full business
address on the form provided in this Bid.
7. COLLUSIVE BIDDING - The Bidder certifies that the bid submitted by said Bidder is done so without any previous
understanding, agreement or connection with any person, firm, or corporation making a bid for the same contract,
without prior knowledge of competitive prices, and it is, in all respects, fair, without outside control, collusion, fraud or
otherwise illegal action.
8. BROCHURES - Bids may include adequate brochures and advertising literature describing the service offered in such
fashion as to permit ready comparison with our specifications where applicable.
9. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS - All changes in Bid documents shall be through written addendum
and furnished to all Bidders. Verbal information obtained otherwise will not be considered in awarding of Bids.
10. BID CHANGES - Bids amendments thereto or withdrawal requests received after the time advertised for Bid Opening will
be void regardless of when they were mailed.
11. HOLD HARMLESS AGREEMENT - The Bidder agrees to protect, defend, indemnify and hold harmless the United States of
America, FEMA, State of Iowa, Iowa Homeland Security and Emergency Management Division, City of Dubuque, and ECIA
their officers, and its employees from any and all claims and damages of every kind and nature made, rendered or incurred
by or on behalf of every person or corporation whatsoever, including the parties hereto and their employees that may
arise, occur, or grow out of any acts, actions, work or other activity done by the Bidder, its employees, subcontractors or
any independent contractors working under the direction of either the Contractor or subcontractor in the performance of
this contract.
12. COMPLETION DATE - The completion as stated in the Bid Form shall be the time required to complete project after the
award of the Contract. Where multiple items appear on a Bid request, the Bidder shall, unless otherwise stated by the City,
show the completion date for each item separately. If only a single completion date is shown, it will mean that all tasks of
18
the project included in the Bid can and will be delivered on or before the specified date. The Bidder agrees that the project
will be completed in the time stated, assuming that the time between the Bid Opening and the Notice to Proceed does not
exceed the number of days so stipulated. The right is reserved to reject any Bid in which the completion time indicated is
considered sufficient to delay the operational needs for which the service is intended.
13. BID REJECTION OR PARTIAL ACCEPTANCE - The City reserves the right to reject any or all Bids. The City further reserves
the right to waive technicalities and formalities in Bids, as well as to accept in whole or in part such Bids where it is
deemed advisable in protection of the best interests of the City.
14. BID CURRENCY /LANGUAGE - All Bid prices shall be shown in US Dollars ($). All prices must remain firm for the duration of
the contract regardless of the exchange rate. All bid responses must be submitted in English.
15. PAYMENTS - Payments will be made for all goods /services delivered, inspected and accepted within 30 days and upon
receipt of an original invoice.
16. MODIFICATION, ADDENDA AND INTERPRETATIONS - Any apparent inconsistencies, or any matter requiring explanation or
interpretation, must be inquired into by the Bidder in writing at least 72 hours (excluding weekends and holidays) prior to
the time set for the Bid Opening. Any and all such interpretations or modifications will be in the form of written addenda.
All addenda shall become part of the contract documents and shall be acknowledged and dated on the Signature Page.
17. LAWS AND REGULATIONS - All applicable State of Iowa and federal laws, ordinances, licenses and regulations of a
governmental body having jurisdiction shall apply to the award throughout as the case may be, and are incorporated here
by reference.
18. TELEGRAPHIC /ELECTRONIC BID SUBMITTAL - Telegraphic and /or bid offers sent by electronic devices (e.g. facsimile
machines) are not acceptable and will be rejected upon receipt. Proposing firms will be expected to allow adequate time
for delivery of their bid either by airfreight, postal service, or other means.
19. MISCELLANEOUS - The City reserves the right to reject any and all bids or pacts thereof. The City reserves the right to
inspect Contractor's facilities prior to the award of this bid. The City reserves the right to negotiate optional items with the
successful Bidder.
20. MODIFICATION OF AGREEMENT - No modification of award shall be binding unless made in writing and signed by the City.
21. CANCELLATION - Either party may cancel the award in the event that a petition, either voluntary or involuntary, is filed to
declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of
creditors.
22. TERMINATION OF AWARD FOR CAUSE - If, through any cause, the successful Bidder shall fail to fulfill in a timely and
proper manner its obligations or if the successful Bidder shall violate any of the covenants, agreements or stipulations of
the award, the City shall thereupon have the right to terminate the award by giving written notice to the successful Bidder
of such termination and specifying the effective date of termination. In that event, and as of the time that notice is given
by the City, all finished or unfinished services, reports or other materials prepared by the successful Bidder shall, at the
option of the City, become its property, and the successful Bidder shall be entitled to receive compensation for any
satisfactory work completed, prepared documents or materials as furnished. Notwithstanding the above, the successful
Bidder shall not be relieved of liability to the City for damage sustained by the City by virtue of breach of the award by the
successful Bidder. The City may withhold any payments to the successful Bidder for the purpose of set -off until such time
as the exact amount of damages due the City from the successful Bidder is determined.
23. TERMINATION OF AWARD FOR CONVENIENCE - The City may terminate the award at any time by giving written notice to
the successful Bidder of such termination and specifying the effective date thereof, at least five (5) working days before
the effective date of such termination. In that event, all finished or unfinished services, reports, materials(s) prepared or
furnished by the successful Bidder or under the award shall, at the option of the City, become its property. If the award is
terminated due to the fault of the successful Bidder, termination of award for cause relative to termination shall apply. If
the award is terminated by the City as provided herein, the successful Bidder will be paid an amount as of the time notice
is given by the City which bears the same ratio to the total compensation as the services actually performed bear to the
total services the successful Bidder covered by the award, less payments of compensation previously made.
24. FORCE MAJEURE - For the purpose hereof, force majeure shall be any of the following events: acts of God or the public
enemy; compliance with any order, rule, regulation, decree, or request of any governmental authority or agency or person
purporting to act therefore; acts of war, public disorder, rebellion, terrorism, or sabotage; floods, hurricanes, or other
storms; strikes or labor disputes; or any other cause whether or not of the class or kind specifically named or referred to
herein not within the reasonable control of the party affected.
19
a. A delay in or failure of performance of either party shall not constitute a default hereunder nor be the basis for, or
give rise to, any claim for damages, if and to the extent such delay or failure is caused by force majeure.
b. The party who is prevented from performing by force majeure (i) shall be obligated, within a period not to exceed
fourteen (14) days after the occurrence or detection of any such event to give notice to the other party setting forth
in reasonable detail the nature thereof and the anticipated extent of the delay, and (ii) shall remedy such cause as
soon as reasonably possible.
25. ASSIGNMENT - Bidder shall not assign this order or any monies to become due hereunder without the prior written
consent of the City. Any assignment or attempt at assignment made without such consent of the City shall be void.
26. EQUAL OPPORTUNITY - The successful firm agrees not to refuse to hire, discharge, promote, demote, or to otherwise
discriminate in matters of compensation against any person otherwise qualified solely because of race, creed, sex, national
origin, ancestry or physical handicap.
27. TIME PERIOD - Prices are to be honored for the time period stated in your response on the Signature Page.
28. EXTENSION - Any or all of the awards made as a result of this Request for Bid may be extended for an additional period of
time, up to one year, if mutually agreed between the parties.
29. FOB POINT - In terms of loss or damage, as well as where title to the goods is passed, please quote FOB - Destination.
30. METHOD OF AWARDING /QUOTING - The City reserves the right to make awards based on the entire bid or on an
individual basis. However if you offer your bid based on an "all or none" condition, the City may consider your bid non-
responsive and reject the entire bid.
31. TAXES —The City of Dubuque is exempt from sales tax and certain other use taxes. Any charges for taxes from which the
City is exempt will be deducted from invoices before payment is made.
32. BID INFORMATION 15 PUBLIC — All documents submitted with any bid or proposal shall become public documents and
subject to Iowa Code Chapter 22, which is otherwise known as the "Iowa Open Records Law ". By submitting any
document to the City of Dubuque in connection with a bid or proposal, the submitting party recognized this and waives
any claim against the City of Dubuque and any of its officers and employees relating to the release of any document or
information submitted. Each submitting party shall hold the City of Dubuque and its officers and employees harmless from
any claims arising from the release of any document or information made available to the City of Dubuque arising from any
bid opportunity.
33. PURCHASE ORDER — Purchase Orders will not be issued from the City of Dubuque.
34. NO GIFT STANDARD —The City of Dubuque is committed to upholding the highest ethical standards in all of our business
practices. This standard recognizes the need to avoid even the perception of improper gifts or favors to employees.
Therefore, we ask all vendors to abide by our "No Gift" standard. The "No Gift" standard also applies to all offers of
discounts or free items at any place of business targeted toward a City employee and not available to the general public,
regardless of the value.
35. NO PIGGYBACK CONTRACT — This contract may not be extended for use by any other government entity.
20
44 CRF 13.36 FEDERAL REGULATIONS
"Because this project activity is funded in whole or in part by the Federal Government, or an Agency thereof, Federal
Law requires that the Applicant's contracts relating to the project include certain provisions. Depending upon the type of
work or services provided and the dollar value of the resultant contract, some of the provisions set forth in this Section
may not apply to the Contractor or to the work or services to be provided hereunder; however, the provisions are
nonetheless set forth to cause this Contract to comply with Federal Law. Parenthetical comments in the following
paragraphs are taken from 44 CFR §13.36(h) and (i)."
A. Remedies. In the event that the Contractor defaults in the performance or observance of any
covenant, agreement or obligation set forth in this Agreement, and if such default remains uncured for a
period of 5 days after notice of default has been given by Applicant to Contractor, then Applicant 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 Applicant hereunder,
or obtain damages caused to the Applicant 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. make no further disbursements, and demand immediate repayment from Proposer of
any funds previously disbursed under this Agreement;
d. terminate this Agreement by delivering to Contractor a 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 Applicant 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
Applicant prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay
the reasonable attorneys' fees and expenses incurred by Applicant..
B. Termination for Cause. Applicant may terminate this contract as set out in the foregoing Section
A (d).
C. Termination for Convenience. Applicant may terminate this Agreement at its convenience at any
time and is effective upon issuance. Delivery may be made by mail, phone, fax or email.
D. Contractor shall comply with Executive Order 11246 of September 24,1965, entitled "Equal
Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as
supplemented in Department of Labor regulations (41 CFR Chapter 60). (Applies to all construction
contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees)
E. Contractor shall comply with the Copeland "Anti- Kickback" Act (18 U.S.C. 874) as supplemented
in Department of Labor regulations (29 CFR Part 3). (Applies to all contracts and subcontracts for
construction or repair)
21
F. Contractor shall comply with the Davis -Bacon Act (40 U.S.C. 276a to 276A- 7) as supplemented by
Department of Labor regulations (29 CFR Part 5). (Applies to construction contracts in excess of
$2,000 awarded by grantees and subgrantees when required by federal grant program legislation, but
does not apply to projects paid for with disaster funding)
G. Contractor shall comply with Sections 103 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327 -330) as supplemented by Department of Labor regulations (29 CFR
Part 5). (Applies to construction contracts awarded by grantees and subgrantees in excess of $2,000,
and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers)
H. Patent Rights and Copyrights. With respect to any discovery or invention which arises or is
developed in the course of or under this Agreement, Contractor is Responsible for complying with
requirements pertaining to patent rights, as defined by the awarding agency. With respect to any
publication, documents, or data that arises or is developed in the course of or under this Agreement,
the Contractor is responsible for complying with requirements pertaining to copyright, as defined by
the awarding agency.
I. Access to Documents. Contractor shall exercise best efforts to maintain communication with
Applicant's personnel whose involvement in the project is necessary or advisable for successful and
timely completion of the work of the project, including but not limited to the closing of specific
transactions. 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. During the term of this Agreement 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 Applicant,
Iowa Homeland Security and Emergency Management Division (HSEMD), the Federal Emergency
Management Agency (FEMA), the Comptroller General of the United States, and any other agency of
State or Federal government, or the duly authorized representatives of any of the foregoing, that has
provided funding or oversight for the project, for the purpose of making audit, examination, excerpts
and /or transcriptions. 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 agreement. Contractor
agrees to furnish, upon termination of this Agreement and upon demand by the Applicant, copies of
all basic notes and sketches, charts, computations, and any other data prepared or obtained by the
Contractor pursuant to this Agreement, without cost and without restrictions or limitation as to the
use relative to specific projects covered under this Agreement. In such event, the Contractor shall not
be liable for the Applicant's use of such documents on other projects.
J. Retention of Documents. 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 Agreement.
K. The Contractor shall comply with all applicable standards, orders, or requirements issued under
Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C.
1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15).
(Applies to contracts, subcontracts, and subgrants of amounts in excess of $100,000)
L. Energy Efficiency Standards. The Contractor shall comply with mandatory standards and policies
relating to energy efficiency that are contained in the State Energy Conservation Plan issued pursuant
to the Energy Policy and Conservation Act (Pub. L. 94 -163, 89 Stat. 871). [53 FR 8078, 8087, Mar. 11, 1988, as
amended at 60 CFR 19639, 19645, Apr. 19, 1995]
22
M. Bonding requirements. The minimum bonding requirements are as follows:
(1) A bid guarantee from each bidder equivalent to five percent of the bid price. The
" bid guarantee" shall consist of a firm commitment such as a bid bond, certified
check, or other negotiable instrument accompanying a bid as assurance that the
bidder will, upon acceptance of his bid, execute such contractual documents as
may be required within the time specified.
Prior to or at Contract execution, the contractor shall provide to the City:
(2) A performance bond on the part of the contractor for 100 percent of the contract
price. A "performance bond' is one executed in connection with a contract to
secure fulfillment of all the contractor's obligations under such contract.
(3)
A payment bond on the part of the contractor for 100 percent of the contract
price. A" payment bond' is one executed in connection with a contract to assure
payment as required by law of all persons supplying labor and material in the
execution of the work provided for in the contract.
23
CITY OF DUBUQUE §403 DEMOLITION AGREEMENT
DR- 4018 -IA
THIS AGREEMENT, made and entered this day of_ , 2012, by and between City of
Dubuque, 50 W 13 °i Street, Dubuque, IA 52001, hereinafter referred to as the "CITY," and XXX
Contractor, Address, City, State Zip hereinafter referred to as the "CONTRACTOR."
WHEREAS, the City Council of Dubuque, Iowa, to protect the public health and safety, has
heretofore deemed it necessary and desirable to proceed with the demolition of certain flood -
damaged properties within the City (the "Project "); and
WHEREAS, the CITY solicited proposals for the RACMdemolition of flood - damaged
properties in strict compliance with Iowa law and its approved procurement policy; and
WHEREAS, after careful review, the City has chosen to employ the services of
CONTRACTOR; and
WHEREAS, the CONTRACTOR is capable of implementing said Project; and
WHEREAS, it is now necessary and appropriate to memorialize the agreement between the
CITY and the CONTRACTOR as follows:
NOW, THEREFORE, THE CITY AND THE CONTRACTOR, FOR CONSIDERATION
HEREINAFTER SET FORTH, DO MUTUALLY AGREE TO THE TERMS AND
CONDITIONS SET FORTH BELOW.
I. SCOPE OF SERVICES.
The CONTRACTOR shall perform in a timely and satisfactory demolition and
debris removal services, in strict compliance with the scope of work and specifications that are
listed within Request for Bid, all which is attached hereto as Exhibit "A."
II. TIME OF COMPLETION.
The CONTRACTOR will be required to execute the Agreement and obtain the
performance bond, payment bond, and certificate of insurance within ten (10) calendar days of
the date when NOTICE OF AWARD is delivered to the CONTRACTOR. The NOTICE OF
AWARD shall be accompanied by the necessary Agreement and Bond forms. In case of failure
of the CONTRACTOR to execute the Agreement, City of Dubuque may at their option consider
1
the CONTRACTOR in default, in which case the BID BOND accompanying the proposal shall
become the property of City of Dubuque.
Because of the immediate threat to the public health and safety, the
CONTRACTOR shall complete the Project in an expeditious manner, but in no event later than
thirty (30) consecutive calendar days after the notice to proceed has been given to the
CONTRACTOR. The CONTRACTOR does hereby expressly acknowledge and agree that TIME
IS OF THE ESSENCE of this Agreement, and, thus, failure by the CONTRACTOR to timely
render and perform services hereunder shall constitute a material breach of the agreement.
No weekend work is allowed without prior approval from the project manager. The
CONTRACTOR must provide 72 -hours notice before the start of the project, the start date must
fall within the 5 days after the Notice to Proceed has been issued. The 72 -hour notice must
include start date, start time and project site location. Failure to start on the start date or at the
start time given will result in a $100.00 per hour fine capped at $1,000.00 per day. The fine will
be subtracted from the total project cost.
III. GENERAL TERMS AND PROVISIONS.
A. The CONTRACTOR shall not commit any of the following employment
practices in connection with or while rendering services hereunder and does hereby
expressly agree to prohibit the following practices from being committed by any
subcontractors engaged by the CONTRACTOR in connection with the Project. Upon
request, the CONTRACTOR shall provide the CITY with a copy of the relevant provisions
of any agreement entered into by the CONTRACTOR and a subcontractor in connection
with the Project to confirm to the satisfaction of the CITY that the requirements under this
Subparagraph III(B) have been met.
1. To discharge or refuse to hire any individual because of their race,
color, religion, sex, national origin, disability, age, marital status, sexual
orientation or gender identity.
2. To discriminate against any individual in terms, conditions or
privileges of employment because of their race, color, religion, sex, national
origin, disability, age, marital status, sexual orientation or gender identity.
B. The CITY may terminate this Agreement, with or without cause, upon five
days (5) written notice thereof. In the event that the CITY does so terminate this Agreement,
the CONTRACTOR shall be paid for all work and services performed up to the time of said
termination upon submission to the CITY of a final billing statement and review and
approval thereof by the City of Dubuque City Council at the next regularly scheduled City
Council Meeting; provided, however, that any such sum shall not be greater than the total
2
amount to be paid for 'services rendered hereunder as set forth in Article IV below; and
further provided that, in the event the CITY tenninates this Agreement with cause, the
CITY may, in its sole discretion, elect to withhold payment of an amount sufficient to
engage a third party to properly complete the Project in accordance with the terms of this
Agreement.
C. This Agreement shall not be assigned or in any manner transferred by the
CONTRACTOR, without the express written consent of the City of Dubuque City Council.
D. It is hereby expressly acknowledged and agreed by both parties hereto that
the engagement of the CONTRACTOR by the CITY in connection with the Project shall be
as an independent contractor and shall be exclusive; provided, however, that the Contractor
may retain the services of subcontractors for the purpose of performing its obligations and
responsibilities under this Agreement so long as the CONTRACTOR has first obtained the
written approval of sane from the CITY; and further provided that, should the
CONTRACTOR so engage subcontractors under the terms of this Subparagraph III(D), the
CONTRACTOR shall be solely responsible for compensating any such subcontractors.
E. The CITY shall make all demolition criteria, design and construction
standards, and information regarding the CITY's requirements for the Project available to
the CONTRACTOR upon reasonable request by the CONTRACTOR therefor. The CITY
shall furnish reasonable assistance to the CONTRACTOR in the use of said information
and documentation at the request of CONTRACTOR.
F. It is further agreed that neither party to this Agreement shall perform
contrary to any federal or state law, rule or regulation, or the City of Dubuque Code of
Ordinances. Without negating the generality of the foregoing, this expressly includes all
federal, state and local laws pertaining to demolition and removal of hazardous materials, if
any. CONTRACTOR acknowledges that any penalties levied in connection with the
Project shall be the sole responsibility of the CONTRACTOR.
G. CONTRACTOR shall provide and maintain insurance throughout said
Project in the following minimum amounts:
1. Workman's Compensation and occupational disease insurance in accordance with
the laws of the State of Iowa covering all employees who perform any of the obligations
under this Agreement
2. General Liability Insurance with limits of liability at least $1,000,000 per occurrence
for bodily injury and property damage. As a minimum, coverage for premises, operations,
products and completed operations shall be included. This coverage shall protect the public
or any person from injury or property damage sustained by reason of the CONTRACTOR
or its employees.
3. Automobile Liability Insurance with either a combined limit of at least $1,000,000
per occurrence for bodily injury and property damage without sub - limits or split limits of at
3
least $1,000,000 for bodily injury per person per occurrence and $1,000,000 for property
damage per occurrence. Coverage shall include all owned, hired, and non -owned motor
vehicles used in the performance of work by the CONTRACTOR or its employees.
4. Pollution Liability Insurance with limits of at least $1,000,000 per occurrence
covering all risks from the CONTRACTOR and its employees removing and properly
disposing of hazardous waste materials.
5. Subcontractors. In the event of any work sublet, the CONTRACTOR shall require
subcontractors and independent contractors working under the direction of either the
CONTRACTOR or a subcontractor to carry and maintain the same workers compensation
and liability insurance required of the CONTRACTOR.
6. Qualifying Insurance. Policies shall be issued by insurers who are authorized to do
business in the State of Iowa. All policies shall be occurrence form and not claims made
form. The CONTRACTOR shall be responsible for deductibles and self - insured retentions
in the CONTRACTOR'S insurance policies.
7. Additional Insured. City of Dubuque, FEMA, State of Iowa Department of
Homeland Security and Emergency Management, ECIA, its officers, employees and agents,
shall be named as additional insured on the CONTRACTOR'S, subcontractor's, and
independent contractor's liability insurance policies and certificates of insurance. This
provision does not apply to workers compensation insurance.
8. Policy Expiration. The CONTRACTOR shall provide the CITY with a renewal
certificate of insurance 20 days prior to the policy expiration dates.
CITY shall have the right at any time to require public liability insurance and /or
property damage liability insurance greater than that specified in the above paragraphs. If
required, the additional premiums shall be added to the bid price.
The CONTRACTOR shall furnish Certificates of Insurance to the CITY made in
favor of the CITY prior to commencing work showing compliance with the foregoing
requirements. Insurance shall provide notice of cancellation or revocation.
H. The CONTRACTOR and all employees that are directly involved with the
demolition, loading and handling of the debris will be asbestos licensed and certified according
to all DNR\ NESHAP regulations pertaining to asbestos abatement and removal.
IV. COMPENSATION FOR SERVICES.
The CITY shall compensate the CONTRACTOR for each structure at such time as
the Monitor certifies to the Project Manager that said structure has been demolished in strict
compliance with the provisions listed on Exhibit "A." CONTRACTOR expressly acknowledges
and confirms that this Agreement is a COMPLETION DATE CONTRACT, and that the
CONTRACTOR does hereby acknowledge and confirm the CONTRACTOR's understanding that
4
TIME IS OF THE ESSENCE and that the timely completion of demolition in its entirety constitute
material terns of this Agreement without which the CITY would not have engaged
CONTRACTOR. Accordingly, the CONTRACTOR acknowledges that:
A. No payment shall be made to the CONTRACTOR hereunder if the Project is not
completed in a timely manner.
B. Under no circumstances shall the CITY compensate CONTRACTOR for work that
has not yet been completed. Accordingly, the CONTRACTOR shall not be entitled
to compensation hereunder for any portion of the Project until that portion is
completed as determined by the Monitor.
C. In any event, no payment hereunder shall become due and payable until submission
to the CITY by the CONTRACTOR of a billing statement therefor and review and
approval of the billing statement by the City of Dubuque City Council at its next
regularly scheduled meeting.
D. This contract shall not exceed $XXX, unless by written Amendment.
V. WARRANTY, INDEMNIFICATION AND GUARANTEE
A. The CONTRACTOR agrees to fully indemnify, defend, save and hold the
CITY, United States of America, FEMA, State of Iowa, ECIA, their officers,
representatives, agents, contractors, subcontractors and employees, harmless from any
and all liability (including reimbursement of reasonable legal fees and costs) arising directly
or indirectly from the acts, errors or omissions of the CONTRACTOR, its officers,
representatives, agents, contractors, subcontractors or employees in connection with the
PROJECT.
VI. HAZARDOUS MATERIALS.
A. The CONTRACTOR hereby warrants and represents that the
CONTRACTOR (i) has not created nor contributed to the creation or existence, (ii) nor will
it create or contribute to the creation or existence of any type of hazardous or toxic wastes,
materials, chemical compounds, or substances, or any other type of environmental hazard or
pollution, whether latent or patent, at the premises of the Project, or in connection with or
related to the Project. Without limiting the generality of Article V(A) above, the
CONTRACTOR does hereby fully indemnify, defend, save and hold harmless the CITY, its
officers, employees and agents, including ECIA from and against any and all debts, claims,
causes of action, administrative orders and notices, costs (including but not limited to,
response and /or remedial costs), personal injuries, losses, damages, liabilities, demands,
interest, fines, penalties and expenses, including reasonable legal fees and expenses,
consultants' fees and expenses, court costs and all other out -of- pocket expenses, suffered or
incurred by the CITY, its officers, representatives, agents, contractors, subcontractors,
employees and grantees as a result of any breach of this Provision VI(A).
5
VII. INTERPRETATION.
Both parties hereto acknowledge and agree that to the extent, if at all, the explicit
terms and conditions of this Agreement are in conflict with the generally accepted standards of
Construction referenced in Article III(E) above, said explicit terms and conditions of this
Agreement shall control in the event of a dispute between the parties hereto.
VIII. SURVIVAL.
All express representations or indemnifications made in or given in this Agreement
shall survive the completion of the demolition services to by rendered by the CONTRACTOR
hereunder or the termination of this Agreement for any reason.
IX. CONTROLLING LAW.
This Agreement is to be governed by the laws of the State of Iowa. The parties
hereto agree that any action, suit or proceeding based upon any matter, claim or controversy arising
under this Agreement shall be brought solely in the state courts located in the City of Dubuque,
Iowa or the federal courts located in Dubuque County, Iowa. The parties hereto hereby irrevocably
waive objection to the venue of the above - mentioned courts, including any claim that such action,
suit or proceeding has been brought in an inconvenient forum. Both parties hereto expressly
acknowledge and agree that nothing contained in this Agreement shall be construed to require the
parties to submit to mandatory arbitration or mediation in the event of a breach or dispute
hereunder.
X. HEADINGS.
The headings of sections of this Agreement are for convenient reference only and
shall not be deemed to limit, construe, affect, modify or alter the meaning of such sections.
XI. SEVERABILITY.
If any section, subsection, term or provision of this Agreement (inclusive of
Exhibits) or th0 application thereof is in conflict with any other section, subsection, term or
provision of this Agreement (inclusive of Exhibits) or the application thereof, the section,
subsection, term or provision placing the more stringent duty, obligation, responsibility or
requirement on the CONTRACTOR shall control. If any section, subsection, term or provision of
this Agreement or the application thereof to the CONTRACTOR, the CITY or a particular
circumstance shall, to any extent, be invalid or unenforceable, the remainder of said section,
subsection, term or provision of this Agreement or the application of same to the CONTRACTOR,
the CITY or particular circumstances other than that for which it was held invalid or unenforceable,
shall not be affected thereby and each remaining section, subsection, term or provision of this
Agreement shall be valid and enforceable to the fullest extent permitted by law.
XII. AUTHORITY.
The persons signing this Agreement warrant and represent that they have the
6
authority to sign as, or on behalf of, the party for whom they are signing.
XIII EXECUTION.
This Agreement may be executed by the parties hereto in counterparts.
Accordingly, each partially- executed original signature page shall hereby be deemed fully
integrated and incorporated into this document.
XIV. FINAL AGREEMENT.
Both the CONTRACTOR and the CITY hereby expressly acknowledge and agree
that this Agreement is intended to set forth the entire agreement between the parties regarding the
demolition services to be rendered by the CONTRACTOR to the CITY in connection with the
Project, that there are no other considerations or monies contingent upon or resulting from the
execution of this Agreement, and that no other monies or considerations have been solicited. No
waiver, change, modification or amendment of this Agreement shall be binding upon either party
hereto unless in writing and signed by both the CONTRACTOR and the CITY. The waiver by
either party hereto of a breach of any provision of this Agreement shall not operate or be construed
as a waiver of any subsequent breach of that provision or of any other provision or condition in this
Agreement.
"Because this project activity is funded in whole or in part by the Federal Government, or an
Agency thereof, Federal Law requires that the Applicant's contracts relating to the project
include certain provisions. Depending upon the type of work or services provided and the dollar
value of the resultant contract, some of the provisions set forth in this Section may not apply to
the Contractor or to the work or services to be provided hereunder; however, the provisions are
nonetheless set forth to cause this Contract to comply with Federal Law. Parenthetical comments
in the following paragraphs are taken from 44 CFR §13.36(h) and (i)."
A. Remedies. In the event that the Contractor defaults in the performance or
observance of any covenant, agreement or obligation set forth in this Agreement, and if such
default remains uncured for a period of 5 days after notice of default has been given by
Applicant to Contractor, then Applicant 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
Applicant hereunder, or obtain damages caused to the Applicant 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. make no further disbursements, and demand immediate repayment from
Proposer of any funds previously disbursed under this Agreement;
d. terminate this Agreement by delivering to Contractor a written notice of
termination; and /or
7
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 Applicant 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 Applicant prevails against Contractor in a suit or other
enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses
incurred by Applicant. .
B. Termination for Cause. Applicant may terminate this contract as set out in the
foregoing Section A (d).
C. Termination for Convenience. Applicant may terminate this Agreement at its
convenience at any time and is effective upon issuance. Delivery may be made by mail,
phone, fax or email.
D. Contractor shall comply with Executive Order 11246 of September 24, 1965, entitled
"Equal Employment Opportunity," as amended by Executive Order 11375 of October 13,
1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60).
(Applies to all construction contracts awarded in excess of $10,000 by grantees and their
contractors or subgrantees)
E. Contractor shall comply with the Copeland "Anti- Kickback" Act (18 U.S.C. 874) as
supplemented in Department of Labor regulations (29 CFR Part 3). (Applies to all
contracts and subcontracts for construction or repair)
F. Contractor shall comply with the Davis -Bacon Act (40 U.S.C. 276a to 276A- 7) as
supplemented by Department of Labor regulations (29 CFR Part 5). (Applies to
construction contracts in excess of $2,000 awarded by grantees and subgrantees when
required by federal grant program legislation, but does not apply to projects paid for
with disaster funding)
G. Contractor shall comply with Sections 103 and 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C. 327 -330) as supplemented by Department of Labor
regulations (29 CFR Part 5). (Applies to construction contracts awarded by grantees
and subgrantees in excess of $2,000, and in excess of $2,500 for other contracts which
involve the employment of mechanics or laborers)
H. Patent Rights and Copyrights. With respect to any discovery or invention which
arises or is developed in the course of or under this Agreement, Contractor is Responsible
for complying with requirements pertaining to patent rights, as defined by the awarding
agency. With respect to any publication, documents, or data that arises or is developed in
the course of or under this Agreement, the Contractor is responsible for complying with
requirements pertaining to copyright, as defined by the awarding agency.
I. Access to Documents. Contractor shall exercise best efforts to maintain
comrnunication with Applicant's personnel, whose involvement in the project is
8
necessary or advisable for successful and timely completion of the work of the project,
including but not limited to the closing of specific transactions. 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. During the term of this Agreement 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 Applicant,
Iowa Homeland Security and Emergency Management Division (HSEMD), the Federal
Emergency Management Agency (FEMA), the Comptroller General of the United
States, and any other agency of State or Federal government, or the duly authorized
representatives of any of the foregoing, that has provided funding or oversight for the
project, for the purpose of making audit, examination, excerpts and /or transcriptions. 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 agreement. Contractor
agrees to furnish, upon termination of this Agreement and upon demand by the Applicant,
copies of all basic notes and sketches, charts, computations, and any other data prepared
or obtained by the Contractor pursuant to this Agreement, without cost and without
restrictions or limitation as to the use relative to specific projects covered under this
Agreement. In such event, the Contractor shall not be liable for the Applicant's use of
such documents on other projects.
J. Retention of Documents. 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 Agreement.
K. The Contractor shall comply with all applicable standards, orders, or requirements
issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the
Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental
Protection Agency regulations (40 CFR Part 15). (Applies to contracts, subcontracts, and
subgrants of amounts in excess of $100,000)
L. Energy Efficiency Standards. The Contractor shall comply with mandatory
standards and policies relating to energy efficiency that are contained in the State Energy
Conservation Plan issued pursuant to the Energy Policy and Conservation Act (Pub. L.
94 -163, 89 Stat. 871). [53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 CFR 19639,
19645, Apr. 19, 1995]
M. Bonding requirements. The minimum bonding requirements are as follows:
(1) A bid guarantee from each bidder equivalent to five percent of the bid
price. The " bid guarantee" shall consist of a firm commitment such as a
bid bond, certified check, or other negotiable instrument accompanying a
bid as assurance that the bidder will, upon acceptance of his bid, execute
such contractual documents as may be required within the time specified.
Prior to or at Contract execution, the contractor shall provide to the City:
(2) A performance bond on the part of the contractor for 100 percent of the
contract price. A "performance bond' is one executed in connection with a
contract to secure fulfillment of all the contractor's obligations under such
contract.
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(3)
A payment bond on the part of the contractor for 100 percent of the
contract price. A " payment bond' is one executed in connection with a
contract to assure payment as required by law of all persons supplying
labor and material in the execution of the work provided for in the
contract.
ACCEPTED & AGREED:
CONTRACTOR: CITY OF DUBUQUE:
STATE OF IOWA, CITY OF DUBUQUE, ss:
Roy Buol, ayor
ATTEST:
// I
On this 1 LP day of , 2012, before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared Roy Buol and * , to me personally
known, who, being by me duly sworn, did say that they are the Mayor and Kevin F i r,n s t a h 1
respectively, of Dubuque, Iowa; that the seal affixed to the foregoing instrument is the city seal of
Dubuque, and that the instrument was signed and sealed on behalf of the city, by authority of the
City Council, as passed by Resolution of the City Council; and Roy Boul and Kevin F i r n s t a h 1
acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary
act and deed of the corporation, by it voluntarily executed.
*Kevin Firnstahl
ON
' I Commission Number 719986
My Commission Expires
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A Notary Public for the State of Iowa
My commission expires: la •