HomeMy WebLinkAboutATC Associates Inc-2/13/2012ASSOCIATES INC.
September 14, 2011
City of Waterloo
Christopher Western
715 Mulberry Street
Waterloo, IA 50703-5783
Re: Asbestos Survey Services —Limited Survey — Change Order #1
Grand Hotel Asbestos Survey Sample Point Counting
Waterloo, IA
ATC Proposal No. 353.41010.0003
Dear Mr. Western:
223 East 4th Street, Suite D
Waterloo, IA 50703
www.atcassociates.com
319.233.0441
Fax 319.233.3269
At your request we have collected four additional joint compound samples from the walls of
various rooms in the Grand Hotel. We will provide a 24 hour rush analysis turn around on the
samples, and provide a report of the findings.
The cost of these additional services will be $320.00, and will be performed under the same
terms and conditions as the original investigation.
We thank you for taking the time to and effort to consider our proposal. If you have any
questions regarding this proposal or require further information or clarification, please do not
hesitate to contact me at (319) 233-0441. Thank you again for your consideration.
Sincerely,
ATC ASSOCIATES INC.
}J/td21 H4 -t
Scott
Hanson, PE
Project Manager
Please sing below to
Name (signature):"
Gaylen Hiesterman, CGP
Project Manager
e of this change order.
Name (print):
Title:
Date:
ASSOCIATES INC.
August 12, 2011
City of Waterloo
Christopher Western
715 Mulberry Street
Waterloo, IA 50703-5783
Re: Asbestos Survey Services Limited Survey
Grand Hotel Asbestos Survey Sample Point Counting
Waterloo, IA
ATC Proposal No. 007.2011.0283
Dear Mr. Western:
223 East 4th Street, Suite D
Waterloo, IA 50703
www.atcassociates.com
319.233.0441
Fax 319.233.3269
ATC Associates Inc. (ATC) is pleased to present this proposal to provide a limited pre -
demolition asbestos survey of the former Grand Hotel in Waterloo, Iowa. We understand that an
initial survey of the property was performed and materials appeared to have been identified as
asbestos containing. Our survey will involve collecting samples of the suspect materials
identified on the attached RFP document and analyzjng the collected sample by point counting
methods. The purpose of point counting is to further determine if materials that were identified
to contain between 1% - 10% asbestos by standard PLM sample analysis during the initial
inspection contain less than 1% when analyzed by the more stringent point counting method.
This survey is required by the State of Iowa prior to any renovation or demolition of these types
of properties. ATC's proposal includes a field survey, by an Iowa -licensed inspector, sampling,
laboratory analysis, preparing a survey report with recommendations.
QUALIFICATIONS AND EXPERIENCE
ATC is a privately held full-service environmental consulting firm with over sixty (60) branch
offices nationwide. To address our client's needs, ATC provides services in building sciences
(e.g., asbestos, lead paint, indoor air quality), environmental management,
geotechnical/construction materials testing, analytical laboratory, and training. ATC provides
asbestos, lead, and hazardous materials assessment, quantification, training, and remediation
consulting services to a variety of public and private sector clients.
ATC's asbestos and hazardous material consulting services include site inspection, hazard
assessment, project design, monitoring of abatement contractor activity, and training. Our
asbestos group is highly experienced in conducting building surveys, inspections, and
assessments as well as designing technical removal and demolition specifications and associated
drawings. In addition, ATC's affiliated laboratories are fully EPA and American Industrial
Hygiene Association (AIHA) accredited to analyze industrial hygiene and environmental
samples collected from air, water, soils, and solids.
Grand Hotel, Waterloo, Iowa
Asbestos Survey ATC Proposal No. 007-2011-0283
SCOPE OF SERVICES
ATC will perform the sampling in accordance to standard Iowa regulations at the building site.
The sampling will generally include collection and analysis of all identified suspect materials at
the locations identified in the RFP. The survey will be performed by Iowa -licensed Asbestos
Inspectors and will include the following specific activities:
•
•
In accordance to the referenced ASTM standard, samples will be collected of each
suspect material and locations identified in the RFP. All samples will be analyzed
by point counting method and transmission electron microscopy as appropriate.
A report of ATC's findings including, types of suspect ACM sampled, list of
actual types of ACM based on laboratory analysis and tables identifying the
location of the samples based on information provided in the RFP. The report
will also include general recommendations regarding removal and additional
testing that should be performed.
Since the initial survey was not performed by ATC Associates, we may not be able to comment
on details that were identified during the initial survey. Therefore, our survey and report will be
limited to only the collections of materials that were identified as asbestos containing in the RFP
and reporting on the results of those samples.
Additionally, since the point count analysis will not be performed on the same samples that the
original tests were run on there could be some discrepancy with the results.
COST PROPOSAL
ATC has established the following lump sum based upon the performance of the tasks described
above. Below is a breakdown of the costs used to estimate the total project cost.
Asbestos Survey and Sample Collection (6 hours @$65/ hour)
Asbestos Point Count Analysis (32 samples at $15 per sample)
Project Management and Report Preparation
Total Survey Cost
$ 390.00
$ 320.00
$ 300.00
$ 1,010.00
Page 2
Grand Hotel, Waterloo, Iowa
Asbestos Survey ATC Proposal No. 007-2011-0283
CONCLUSION AND SCHEDULE
ATC is prepared to perform this survey upon receipt of notification to proceed and we
understand that this survey is ready to begin immediately if needed. The final report will be
submitted within 30 days of given notice to proceed. If this proposal and attached standard ATC
terms and conditions are acceptable, please sign and return the attached Client Service
Agreement.
We thank you for taking the time to and effort to consider our proposal. If you have any
questions regarding this proposal or require further information or clarification, please do not
hesitate to contact me at (319) 233-0441. Thank you again for your consideration.
Sincerely,
ATC ASSOCIATES MC.
Scott Hanson, PE
Project Manager
Enclosure
Gaylen Hiesterman, CGP
Project Manager
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CLIENT SERVICE AGREEMENT
This AGREEMENT is made this day of , 2011 by and between
City of Waterloo its employees, officers, directors, subsidiaries, and agents
(Client) of the City of Waterloo and ATC GROUP SERVICES INC. dba ATC ASSOCIATES
INC., its employees, officers, directors, subsidiaries, and agents (ATC) at Waterloo, Iowa
The parties mutually agree as follows:
DESIGNATED REPRESENTATIVES Except as expressly specified othefwise in writing, the parties designate the following
named individuals as their authorized representatives to provide approvals, directives, and permissions, including changes, and to
receive notices or other communications under this agreement at the following addresses:
ATC: Gaylen Hiesterman
CLIENT:
PROPOSAL NAME/NUMBER: 007.2011.0283
SERVICE ORDER NUMBER:
1. SERVICES TO BE PERFORMED ATC shall prepare a
proposal and/or a service order for Client. The proposal and/or
service order shall describe the work to be performed (Services), the
location (Site), fees and/or rates to be charged, certain' special
conditions of performance including equipment, sampling protocols,
and necessary reimbursable expenses. ATC will be authorized to
proceed with the Services (Service Order), when Client indicates its
acceptance by signing this Agreement. The Service Order, any
attachments pertaining to the Service Order, and this Agreement
shall comprise the Contract Document.
2. ADDITIONAL SERVICES If any additional or different
Services are required to complete an existing Service Order, these
additional Services shall be set forth in a new Service Order satisfying
all applicable and appropriate requirements including a separate
schedule of fees and Services (Change Order).
3. COMPENSATION Client will pay ATC for Services and
expenses in accordance with the Service Order. ATC will submit
periodic invoices to Client together with reasonable supporting
documentation requested by Client and a final bill upon completion of
its services. Unless otherwise agreed in writing, there shall be no
retainage. Payment is due within thirty (30) days regardless of whether
Client has been reimbursed by any other party. ATC may suspend
work, withhold reports and vacate the site without liability if payment
is not received. Client will indemnify ATC for all claims concerning
the suspension of work for nonpayment regardless of whether the
claims are by the Client, someone claiming through the client, or by a
third party. Client agrees to pay ATC's attomey's fees, and all other
costs incurred in collecting past due amounts. ATC may from time to
time revise its fess and/or rates and advise client either by general
notification, or by specific Service Order.
4. EXPENSES Unless otherwise stated in the Service Order,
Client agrees to pay ATC for its reimbursable expenses, in addition
to its fees. Reimbursable expenses are expenditures made by ATC in
the interest of the contracted Services. Reimbursable expenses shall
be billed, and paid, in accordance with the schedule included with
the Service Order. ATC will submit a Change Order to Client
detailing other reimbursable expenses not outlined in the Service
Order, for written authorization prior to billing.
5. INSURANCE ATC agrees that it now carries, and will continue
to carry during the performance of any Services under this
Agreement, Workers' Compensation and Employer's Liability,
Commercial General Liability (including Contractual Liability),
Commercial Automobile Liability, Professional Liability and
Contractor's Pollution Liability insurance coverage with limits at or
above those described below.
a. Workers' Compensation (statutory)
Employer's Liability
° Each accident
■ Disease — Each Employee
• Disease — Policy Limit
b. Commercial General Liability
• Each Occurrence
• Personal and Advertising Injury
▪ General Aggregate
• Products and Completed
Operations Aggregate
$ 1,000,000
$ 1,000,000
$ 1,000,000
$1,000,000
$1,000,000
$2,000,000
$2,000,000
c. Commercial Automobile Liability
• Combined Single Limit $1,000,000
d. Errors and Omissions / Professional Liability
■ Each Claim $1,000,000
■ Annual Aggregate $1,000,000
e. Contractor's Pollution Liability
• Each Claim
21 Annual Aggregate
$1,000,000
$1,000,000
6. OBLIGATIONS OF CLIENT Client warrants that all
information provided to ATC concerning the required Services, is
ATC Client Services Agreement
2010
complete and accurate to the best of Client's knowledge. Client agrees
to advise ATC prior to commencement of the Services, and during
the work, of any hazardous conditions on or near the Site known to
Client Client understands that ATC is relying upon the completeness
and accuracy of information supplied to it by Client and ATC will not
independently verify such information unless otherwise provided in the
Service Order. Client shall be solely responsible for and shall
indemnify and hold harmless ATC for any costs, expenses or
damages incurred by ATC due to Client's failure to follow
applicable reporting and governmental requirements. Client will not
hold ATC liable if ATC's recommendations are not followed and
waives any claim against ATC, and agrees to defend, indemnify and
hold ATC harmless from any claim or liability for injury or loss that
results from failure to properly implement ATC's recommendations.
7. STANDARD OF CARE ATC's Services as defined by the
Service Order shall be performed in accordance with generally
accepted industry principles and practices, consistent with a level of
care and skill ordinarily practiced by the consulting profession
currently providing similar services under similar circumstances at
the time the Services were provided. Client agrees to give ATC
written notice within one (1) year of any breach or default under this
section and to provide ATC a reasonable opportunity to cure such
breach or default, without the payment of additional fees to ATC, as
a condition precedent to any claim for damages.
8. LIMITATIONS OF METHOD RELIABILITY The Client
recognizes and agrees that all testing and remediation methods have
inherent reliability limitations; no method or number of sampling
locations can guarantee that a condition will be discovered within the
performance of a Service Order as authorized by the Client The
Client further acknowledges and agrees that reliability of testing or
remediation methods varies according to the sampling frequency and
other variables and that these factors, including cost, have been
considered in the Client's selection of Services. ATC's observations
only represent conditions observed at the time of the Site visit ATC
is not responsible for changes that may occur to the Site after ATC
completes the Services.
9. INTERPRETATION OF DATA ATC shall not be responsible
for the interpretation of ATC data by third parties, or the information
developed by third parties from such data. Client recognizes that
subsurface conditions may vary from those encountered at the
locations where the borings, surveys, or explorations are made by
ATC and that the data interpretations and recommendations of
ATC's personnel are based solely on the information available to
them.
10. THIRD PARTY INFORMATION ATC is dependent on
information available from various governmental agencies and
private database firms to aid in evaluating the history of the Site.
ATC shall not be liable for any such agency's or database firm's
failure to make relevant files or documents properly available, to
properly index files, or otherwise to fail to maintain or produce
accurate or complete records.
11. SITE ACCESS Client grants or shall obtain for ATC a right of
entry to all parts of the Site necessary to complete the requested
Services and unless otherwise specified in the Service Order, it
represents that it has obtained the applicable permits and licenses for
the proposed Services. If Client does notown the Site, Client
represents that it has or will obtain prior to the commencement of the
Services, the authority and permission of the owner and/or the
occupant of the Site. Client acknowledges that due to the nature of
some Services unavoidable damage may occur. Client waives its right
of recovery for such unavoidable damage, and if Client is not the
owner of the Site, Client agrees to indemnify and defend ATC
against any claims by the owner and/or occupant for any such
damage.
Unless otherwise specified in the Service Order, ATC is not liable
for damages caused by exploratory demolition or investigation to
identify, quantify, or evaluate building materials, systems, and/or
components not readily accessible to ATC during ATC's
performance of the Services. ATC is not responsible for unforeseen
conditions that exist on the Site within building systems that prohibit
or deter ATC from gaining access to building materials, systems,
and/or components.
12. SITE CONTROL ATC's testing, observation, or inspection of
the work of other parties on a project shall not relieve such parties of
their responsibility to perform their work in accordance with
applicable plans, specifications and safety requirements. Continuous
monitoring by ATC's employees does not mean that ATC is
observing or verifying all Site work or placement of all materials.
Client agrees that ATC will only make on -Site observations
appropriate to the Services provided by ATC and will not relieve
others of their responsibilities to perform the work.
13. TEST AND SAMPLING LOCATIONS Unless otherwise
specified in the Service Order, the accuracy of test or sampling
locations and elevations will be commensurate only with pacing and
approximate measurements or estimates. The Client should retain
the services of a professional surveyor, if greater accuracy is
required. Client will furnish a diagram indicating the accurate
location of the Site. Sample locations may also be indicated on the
diagram. ATC reserves the right to deviate a reasonable distance
from the boring and sampling locations unless this right is
specifically revoked by the Client in writing at the time the diagram
is supplied.
14. SAMPLES AND EQUIPMENT Unless otherwise specified in
the Service Order or required by law, ATC will not retain any
samples obtained from the Site. At no time does ATC assume title to
the samples; all samples shall remain the property of the Client. ATC
will, however, sign manifests as agent for Client
All laboratory and field equipment contaminated during ATC's
Services that cannot readily and adequately cleansed of its hazardous
contaminants shall become the property and responsibility of the
Client The Client shall purchase all such equipment as an expense of
the Services, and it shall be turned over to the Client for proper
disposal unless otherwise specified in the Service Order.
15. ENGINEERING AND CONSTRUCTION SERVICES If the
Services requested only require geotechnical engineering, subsurface
exploration, construction materials testing, and or engineering, ATC
assumes that there are no hazardous substances or constituents in the
soils or groundwater underlying the Site. ATC's duties and
responsibilities are limited to performing tests and monitoring of
specific construction activities as outlined in the Service Order.
Unless otherwise specified in the Service Order, any consulting,
testing or monitoring related to environmental conditions, including,
Page 2 of 4
ATC Client Services Agreement
2010
but not limited to hazardous waste, soil or groundwater
contamination, or air pollutants are not part of ATC's engineering
and construction Services. If it becomes apparent during the field
exploration that hazardous substances or constituents may be
present, field operations will be terminated without liability.
16. OPINIONS OF COSTS ATC may provide estimates of costs
for remediation or construction as appropriate based on available
data, designs, or recommendations. However, these opinions are
intended primarily to provide information on the range of costs and
are not intended for use in firm budgeting or negotiation unless
specifically agreed to in writing by ATC.
17. SAFETY ATC shall not, unless otherwise specified in the
Service Order, be responsible for health and safety procedures,
construction means, methods, techniques, sequences, or procedures,
nor be responsible for the acts or omissions of contractors or other
parties on the Site.
18. UTILITIES Unless otherwise specified in the Service Order, it
is Client's responsibility to mark or furnish the locations of all
underground man-made obstructions at all Sites that the Client owns
and/or operates. Client shall indemnify, defend and hold harmless
ATC from and against any claims, losses or damages incurred or
asserted against ATC related to Client's failure to mark, protect or
advise ATC of underground structures or utilities.
19. ROOF CUTS Unless otherwise specified in the Service Order,
if roof cuts/samples are required by the Services, it is the
responsibility of the Client to make appropriate repairs. If a roofing
contractor or maintenance personnel selected by Client is not on the
roof to make repairs at the time samples are obtained, ATC may
make temporary repairs, which may result in additional charges.
ATC personnel are not certified in roofing repair, therefore under no
circumstances, shall ATC be responsible for any water damage to the
roofing system, building, or its contents resulting from ATC's
temporary repairs.
20. HAZARDOUS CONDITIONS OR SUBSTANCES The
Client acknowledges that ATC has neither created nor contributed to
the creation or existence of any hazardous, radioactive, toxic, irritant,
pollutant, substance or constituent at the Site. All Site generated
hazardous and non -hazardous waste, including used disposable
protective gear and equipment, are the property of the Client
Client agrees to indemnify and hold harmless ATC against all claims
for injury or loss sustained by any party, including the United States,
from exposure, release, or the presence of any such hazardous,
radioactive, toxic, irritant, pollutant, substance or constituent at the
Site. This indemnity includes but is not limited to, ATC acting as
Client's agent to sign waste manifests, allegations that ATC is a
handler, generator, operator, treater or storer, transporter or disposer
under any federal, state or local, law, regulation or ordinance, and
Client's or third party's violation of federal, state or local, law,
regulation or ordinance, related to the handling, storage, or disposal
of hazardous substances or constituents at/or introduced to the Site,
before or after the completion of the Services.
21. RIGHT TO STOP WORK It during the performance of a
Service Order, any unforeseen hazardous substance, material,
element, constituent, condition, or occurrence is encountered which,
in ATC's reasonable judgment significantly affects or may affect the
Services provided, the risk involved in providing the Services, or the
recommended scope of Services, ATC may immediately suspend
work.
22. ATC AND . CLIENT INDEMNIFICATION ATC shall
indemnify and hold harmless Client against claims, demands, and
lawsuits, to the extent arising out of or caused by the negligence or
willful misconduct of ATC, in connection with activities conducted
in the performance of the Services.
The Client shall indemnify and hold harmless ATC from and against
claims demands, and lawsuits, to the extent arising out of or caused
by the negligence or willful misconduct of the Client or other
contractors retained by Client in connection with activities
conducted in the performance of the Services.
If a dispute arises between the parties resulting in litigation, the
prevailing party shall be entitled to recover all reasonable' costs
incurred. Client agrees that all indemnifications granted to ATC shall
also be granted to those subcontractors retained by ATC for the
performance of the Services.
23. LIMIT OF LIABILITY ATC's total liability for all claims or
causes of action of any kind including but not limited to negligence,
bodily injury or property damage, breach of contract or warranty
shall not exceed the amounts recoverable from the insurance limits
set forth in this Agreement
24. CONSEQUENTIAL DAMAGES In no event shall either party
be liable to the other party for any consequential, incidental,
punitive, or indirect damages including but not limited to loss of
income, loss of profits, loss or restriction of use of property, or any
other business losses regardless if such damages are caused by
breach of contract, negligent act or omission, other wrongful act, or
whether ATC shall be advised, shall have other reason to know, or in
fact shall know of the possibility of such damages.
25. WARRANTY ATC is not a manufacturer. If any equipment is
used or purchased by ATC for a Service Order the manufacturer's
warranties if any on the equipment are solely those of the
manufacturer. ATC makes no other representation, guarantee, or
warranty, expressed or implied, in fact or by law, whether of
merchantability, fitness for any particular purpose or otherwise,
concerning any of the goods or Services which may be furnished by
ATC to Client
26. DOCUMENTS Project -specific documents and data produced
by ATC under this Agreement shall, upon completion of the Service
Order become the property of Client upon payment of amounts owed
ATC. ATC shall have the right, but not the obligation, to retain
copies of all such materials.
27. RELIANCE Documents and data produced by ATC are not
intended or represented by ATC to be suitable for use or reliance
beyond the scope or purpose for which they were originally
prepared, or for anyone except the Client Any such unauthorized
use will be at the Client's or third party's sole risk.
28. THIRD -PARTY CLAIMS Client agrees to pay ATC's costs
(including reasonable attorney's fees) for defending ATC against any
claims that a third party or a regulatory agency asserts against ATC
Page 3 of 4
ATC Client Services Agreement
2010
related to the Services that were provided to Client Claims include
legal actions by a tlard party or a regulatory agency that are based
upon the discoveries, findings or conclusions disclosed in documents
or reports supplied to Client by ATC.
29. SUBPOENAS The Client is responsible for payment of
ATC's time and expenses resulting from ATC's response to
subpoenas issued by any party, involving any legal or administrative
proceeding in which ATC is not named as a party, in connection
with any Services performed under this Agreement. Charges are
based on fee schedules in effect at the time the subpoena is served.
ATC shall not object on Client's behalf to any subpoena, but will
make reasonable efforts to cooperate with Client if Client chooses to
object
30. TERMINATION OF CONTRACT This Agreement may be
terminated by either party upon seven (7) days written notice
provided that any incomplete or unfinished Service Order will
remain in effect until completed, unless otherwise agreed to in
writing. In the event of termination or suspension, by the Client,
ATC shall be paid for Services performed prior to the termination
date plus reasonable termination and suspension expenses.
31. ASSIGNMENT Neither the Client nor ATC may assign, or
transfer its benefits, rights, duties, or interest in this Agreement
without the written consent of the other party. This Agreement shall
be binding on and inure to the benefit of the successors and assigns
of the parties.
32. FORCE MAJEURE Neither Client nor ATC shall hold the
other responsible for damages or delays in performance caused by
uncontrollable events, which could not reasonably have been
anticipated or prevented, including but not limited to, acts of God,
the public enemy, acts of the Govemment of the United States or of
the several states, or any foreign country, or any of them acting in
their sovereign capacity, materially different Site conditions, wars,
riots, terrorism, rebellions, sabotage, fires, explosions, accidents,
floods, stnlces, or other conceded acts of workers, lockouts, or
changes in laws, regulations, or ordinances.
33. GENERAL PROVISIONS The captions and headings
throughout this Agreement are for convenience only and do not
define, limit, modify, or add to the meaning of any provision of this
Agreement If any provision of this Agreement is in conflict with
any provision of the Service Order, the terms and conditions of this
Agreement shall prevail unless the conflict concerns the scope of
Services to be provided. If any provision shall to any extent be
deemed invalid, it shall be modified if possible to fulfill the intent of
the parties as reflected in the original provision and the remainder of
this Agreement shall not be affected.
This Contract Document represents the entire understanding between
the parties and supersedes any and all prior contracts whether written
or oral. Nothing contained in this Contract Document shall be
construed to be for the benefit of any persons not a party to this
Agreement No third party beneficiary rights are created.
The validity, interpretation, and performance of this Agreement shall
be governed by and construed in accordance with the laws of the
state in yvhich the Site is located. Any legal action arising out of this •
Agreement shall be venued in a court of competent jurisdiction
within the state and county of the Site.
No waiver by either party of any default by the other party in the
performance of any provision of this Agreement shall operate as or
be construed as a waiver of any future default, whether like or
different in character.
ATC is solely responsible for the performance of this Agreement,
and no parent, subsidiary or affiliated company, or any of its
directors, officers, employees, or agents shall have any legal
responsibility whether in contract or tort, including negligence.
ATC ASSOCIATES INC.
BY:
PRINTED NAME: Gaylen Hiesterman
TTTLE: Operations Manager
DATE:
CLIENT:
(Person authorized to execute contracts)
BY:
PRINTED NAME:
TITLE:
DATE:
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