Contract - Federal Building Asbestos RemovalTHE CITY OF
DuB E MEMORANDUM
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March 21, 2007
TO: Michael C. Van Milligen, City Manage
FROM: Gus Psihoyos, City Engineer
SUBJECT: Federal Building Renovation Project -Asbestos Removal
Attached are the contracts between Environmental Management Services of Iowa,
Inc. and the City of Dubuque for the asbestos abatement (removal, cleaning, and
disposal) in the interior renovated areas of the Federal Building. The contract
amount of $16,198 will be funded with the Federal Building Renovation Project
Capital Improvement Project (CIP 1001841).
The Certificate of Liability Insurance has been approved by Finance Director Ken
TeKippe for compliance with the City's insurance requirements.
I would request that you execute the attached documentation and return it to my
office.
c: Steven Sampson Brown, Project Manager
Attachs.
7"flE C:I7Y C)P
DUB E
o~ ~ ~
CITY OF DUBUQUE, IOWA
SHORT FORM
PUBLIC IMPROVEMENT CONTRACT
City of Dubuque
Engineering Department
50 W. 13th Street
Dubuque,lA 52001
(563) 589-4270
(563) 589-4205 FAX
THIS PUBLIC IMPROVEMENT CONTRACT (the Contract), made in triplicate, between the City of
Dubuque, Iowa (City), by its City Manager, through authority conferred upon the City
Manager by its City Council and Environmental Management Services of Iowa, Inc. (Contractor)
(Contractor Name)
of the City of 999 Century Drive, Suite 6, Dubuque, Iowa 52002
(Contractor Address -City and State)
PROJECT TITLE: Federal Building Renovation Proiect -Asbestos Removal
For and in consideration of the mutual covenants herein contained, the parties hereto agree as
follows:
CONTRACTOR AGREES:
1. To furnish all material and equipment and to perform all labor necessary for (the Project):
Federal Building Renovation Project Asbestos Removal -Services for asbestos abatement
(removal, cleaning, and disposal) in the interior renovated areas of the Federal Building
The work described above shall be completed at the following location(s):
Interior renovated areas of the Federal Buildina.
The Project shall be constructed to the existing grades and to any revised grades as described
in this Project contract; in strict accordance with the requirements of the laws of the State of
Iowa and ordinances of the City of Dubuque relating to public works, and in accordance with the
Contract Documents which provisions and documents are each and all hereby referred to and
made a part of this Contract just as much as if the detailed statements thereof were repeated
herein.
Page 1 of 4
2. Contract Documents shall mean and include the following: This Improvement Contract; all
ordinances and resolutions heretofore adopted by the City Council having to do with the
Project; the Contractor's Proposal; and the conditions described in the Contract, including any
Special Conditions, Plans and Specifications and General Requirements as adopted by the
City Council for the Project.
3. All materials used by the Contractor in the Project shall be the best of their several kinds and
shall be put in place to the satisfaction of the City Manager.
4. The Contractor shall remove any materials rejected by the City Manager as defective or
improper, or any of said work condemned as unsuitable or defective, and the same shall be
replaced or done anew to the satisfaction of the City Manager at the cost and expense of the
Contractor.
5. Five percent (5%) of the Contract price may be retained by the City for a period of thirty (30)
days after final completion and acceptance of the Project by the City Manager to pay any claim
that may be filed within said time for labor and materials done and furnished in connection with
the performance of this Contract and for a longer period if such claims are not adjusted within
that time, as provided in Iowa Code Chapter 573. The City shall also retain additional sums to
protect itself against any claim that has been filed against it for damages to persons or property
arising through the prosecution of the work and such sums shall be held by the City until
suchclaims have been settled, adjudicated or otherwise disposed of.
6. The Contractor has read and understands the City of Dubuque Standard Specifications
including General Requirements and has examined and understands the project description
described in Section 1 and any attached Special Conditions herein referred to and agrees not
to plead misunderstanding or deception because of estimates of quantity, character, location or
other conditions surrounding the same.
7. The Contractor shall guarantee for a period two years and make good any other defect in any
part of the Project due to improper construction or material performance notwithstanding the
fact that said Project may have been accepted and fully paid for by the City. The guarantee
shall commence on the date that the City pays full compensation for the complete performance
of this contract.
8. The Contractor shall fully complete the Project under this Contract on or before
April fie', 2007 ~~
(DATE)
9. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City
from and against all claims, damages, losses and expenses, including but not limited to
attorneys' fees, arising out of or resulting from performance of the Contract, provided that such
claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or
injury to or destruction of property (other than the Project itself) including loss of use resulting
there from, but only to the extent caused in whole or in part by negligent acts or omissions of
the Contractor, the Contractor's subcontractor, or anyone directly or indirectly employed by the
Contractor or the Contractor's subcontractor or anyone for whose acts the Contractor or the
Contractor's subcontractor may be liable, regardless of whether or not such claim, damage,
loss or expense is caused in part by a party indemnified hereunder.
Page 2 of 4
10. Unless otherwise specified in the Contract Documents, prior to the commencement of any work
on the Project and at all times during the performance of this Contract, the Contractor shall
provide evidence of insurance which meets the requirements of the City's Insurance Schedule
for Artisan Contractors or General Contractors.
THE CITY AGREES:
Upon the completion of the Contract, and the acceptance of the Project by the City Manager,
the City agrees to pay the Contractor as full compensation for the complete performance
of this Contract, the amount determined for the total number of units completed at the unit prices
stated in the Contractor's Proposal and less any liquidated damages provided for in the Contract
Documents. The number of units stated in the contract, special conditions and contractors
proposal is approximate only and the final payment shall be made by the work covered by the
Contract.
CONTRACT ESTIMATED AMOUNT $ 16,198.00
THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF 10 % OF THE ABOVE
LISTED ESTIMATED AMOUNT.
CITY O DU UE, 10 PRINCIPAL:
7l Environmental Management
BY~ ~ ~J ~ `~ Services of Iowa, Inc.
Michael C. Van Milligen ate Contractor
City Manager
By: E~ x/21, O 7
Signature Date
~ ~-r~K l~f-~~ ~,U'
Printed Name
P~~.~-
---,--.
Title
ACKNOWLEDGEMENT OF ATTACHED
SPECIAL CONDITIONS:
By: 3 ~zl o
Signature Date
Printed Name
Title
Page 3 of 4
The following special conditions shall apply to this Project:
See attached Addendum #1 -Second Floor Remodel Area and Addendum #2 -Third floor
Remodel Area for a complete description of project.
REV. 12.1 /06
Page 4 of 4
02/26/2007 10:09 5635832206 EMSI PAGE 01
PROPOSAL I';NYiRONMENTAL 1VI.A,N.AGEMENT SERVICES OF IOWA, >~C,
999 C: ~ 1V'T'URY DR1VE, SUI'T'E 6
DUBUQUE, IOWA 52002
PHONE: 563 583-0808 .FAX: 5b3 583-2206
rrtot~osnt, To; rtzorrF: DATE:
City of Dubuque; Engineering Division (563) 589-4270
Att>,: Mr. Steve Brown, Prv'ect Man cr FAX: 563 589-4205 Febntary 26, 2007
4TREET:
SO West 13`'' Street ./OQ:
Asbestos and Lead Ins ection /Asbestos Removal
CITY, STATE, 7.It':
Dubu ue
iA 52001
-4864 JO[3 LOCA,T[OIV:
Federal
Buildin
350 West 60i SiTeet
Dubu ue
IA 52001
,
. .
,
,
,
We hereby submit specificAtions and eatimateg for:
Environmental Management Services of Jo~va (EMSI) will conduct an asbestos inspection of a.ll the interior rooms of the
former Federal Building/Post OFficc. Upon completion of the inspection, L-MSi will provide an inspection report which
will include an inspection summary listing t'he amount, description, and location of asbestos materials found in the
building. Some destructive testing will be done in areas that are known to be remodeling areas. EMSI will also provide
budget cost estimates for any necessary asbestos removal determined by the results of the testing.
EMSI will also coordinate and work with a ]icensed Lead Inspector to take XRF samples for all the various types of
surfaces, including the inside and outside of the windows in the building. A report will be provided with the test results
in writien for as well as sample numbers and locations on a floor plan. Response actions will be provided for the various
types of lead painted surfaces.
Asbestos and Lead Tnspeetion Price Complete ................. $7,800.00
A,ddendnm #1-Second Floor Remodel ,Area:
-Removal, cleaning, and disposal of approximately 1,304 sq. ft. of a.~bcstos floor tilt and mastic from Rooms 259, 255,
254, 252, 251, and 2,35 Vestibule.
-Removal, cleaning, and disposal of approximately 259 sq. ft. of asbestos mastic under-cork floor file from Room 228
Court Roont Jury Box, Witness Box, and Judge's .Bench.
-Wet scrape and dispose of loose paint chips from Rooms 257 and 258 Restrooms.
Price Complete ................................................................. $4,857.00
A.ddcndum #2 -Third Floor Remodel Area:
-Removal, cleaning, and disposal of approximately 3,116 sq. ft, of asbestos 9" X 9" floor file and mastic from Rooms
350, 348, 332, 332D, 332A, 332B, 332C, and 326.
-Removal, cleaning, and disposal of approximately 2,115 sq. ft. of asbestos mastic from Rooms 347, 375, 341, and 332.
Price Complete ................... ............................................ $11,341.00
*If Environmental Management Services of 1[ovrA ltas to remove apd dispose of carpet, tlae price will be
$1.1.50 per square foot.
The price includes disposal costs and General Liability Insurance for asbestos work.
*TFthis proposal is acceptable, please Ict us know and formal copies will be mailed for signing.
*Wi JOBS ONT.Y: if awarded this project, there will be an additional notification fee added to the price quoted as this fee is required
by the WI DNR. The fees range from $75.00 to $335.00 depending on the type of project.
*IL JOI35 ONLY: if awarded this project, t]tere wit] be an additional $150.00 notification fee added to the price quoted as this fee is
re uired b the IL J:PA.
*SCI-IOOL PROJECTS ONLY: Prices do not include the cost of air clearance sample, that are required to be taken by an Independent
Air Sampling Professional at the end of a school project. Schools will be billed directly by the Air Sampling Professional.
All work will he perfon~ed in accordance with OSHA asbestos standard for construction indt>9try, 29 CFR 1926.1 l01 and USEPA
National Emissions Standard for Hazardous Air Pollutants (NESHAPS). Asbestos Regulations, 40 CFR 6 i Subpart A & M. All work
will he performed by Al-IF_RA Licensed individuals regularly engaged in asbestos removal.
We prOflogc
hereby to furnish materials, equipment and labor, complete is accordance with the above specifications, for the sum of
Prices Stated Above
l~"AyMellt tO ~ta ~la.f~0 a3 ~O~~01'VS:
Nct 30 da v from recei t of invoice / 1.5% Past lltte
Any alteration or l1ovIAt1011 from tI7C alwVE apCCificltinhQ invnlvinR Cxtnl Co9t.0. Will be txeeuted only upon trritttn orders, and wili hccomc an extra chArQe
m~cr anc! above the catimntC, All ngrecmente contingent upon strikes, aecidcnta, or de lays beyond our control.
Iowa Contractors Llcensc No. 1653 Anthnri~,cd Signatorc: ~ J_ _~~
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IL Avbcstov Contractor Pcrmlt No. 5p0-11482 ~~~
~^Q~
~VI I.iccnscd Personnel
Mark Hogan, President
NOTE: This ro ou~l ma be withdrawn if not accc tad within 3Q da s.
Acceptance of Prnpnsa!
The above prices, apcctftCAttnnA. and enndlttons arc satisfactory
and arc hereby neceptcd. You arc anthorized [o do the work as
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spccifled. I nyment will _be mode as stated abo~'e. ~~~
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Si~natnrc:
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fate Accepted: ~ 7 ~ SignAture: