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HomeMy WebLinkAboutAdvanced Enviromental Testing and Abatement Inc-2/7/2011Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: 2/7/11 Prepared: 2/2/11 Dept. Head Signature:7442 # of Attachments: 9 SUBJECT: Request to award a contract for asbestos abatement services in connection with Public Assistance (PA) demolition activities of the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project to Advanced Environmental Testing and Abatement, Inc. Submitted by: Aric Schroeder, City Planner Recommended City Council Action: Award a contract for asbestos abatement services to Advanced Environmental Testing and Abatement, Inc., and authorize the Mayor and City Clerk to sign said contract. Summary Statement: Expenditure Required: $86,710 Source of Funds: FEMA Public Assistance (PA) Project WorksheetO2RJD73 Policy Issue: Asbestos abatement of properties acquired as part of the HMGP Property Acquisition Project Alternative: N/A Background Information: On 1/20/09 the City Council authorized the submittal of an application to apply for Hazard Mitigation Grant Program (HMGP) 1763 Structural Acquisition (Buy Out) funds through the Iowa Homeland Security and Emergency Management Division (HSEMD). On 7/17/09 the City of Waterloo received official notice that the City was awarded funding under the program in accordance with the scope of work and budget that was included in our application that was submitted and approved by HSEMD and FEMA. On 8/3/09 the City Council authorized the agreement between HSEMD and the City of Waterloo, which has subsequently been executed. The total HMGP Property Acquisition (Buy Out) budget is $4,859,419.00, with funding from HSEMD for up to 75% of the total project budget, and funding from the Iowa Department of CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Economic Development (IDED) through a Supplemental Community Development Block Grant (CDBG) for the required 15% local match and the 10% state share. The Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 45121- 5207 provides for the FEMA Public Assistance (PA) Program. The PA Program funds multiple disaster recovery activities, such as debris removal. Sections 403 Essential Assistance and 404 Hazard Mitigation provide funding for demolitions associated with a HMGP Property Acquisition (Buy Out) Program. With this disaster (DR -1763) the program is funded 90% Federal share and 10% State share, with no required local match. Unlike the HMGP Program, with the PA Program communities are not issued an award, but all eligible expenses will be reimbursed through Project Worksheets (PW's). Therefore expenses related to the demolition of acquired properties, including administration and contractual expense (which would include an asbestos abatement contract) will be eligible for reimbursement through the FEMA PA Program. The City of Waterloo is looking to award a contract after seeking proposals for asbestos abatement services in connection with the property acquisition project. This initial contract is for twenty seven properties with twenty eight homes. All properties have been acquired by the City of Waterloo as part of the HMGP Property Acquisition Project. On 1/10/11 the City Council held a hearing and opened bids for asbestos abatement services in connection with the HMGP Project. Proposals were received from seven firms. Please find attached a letter of recommendation on award of Contract from the Proposal Evaluation Selection Committee, as well as the Proposal Evaluation Tab (bid tab) for the proposals, as well as the contract to be executed. Please note that the recommendation of award of contract is not to the low bidder, and this recommendation is based on deficiencies in requested documentation to be included in the proposal of the low bidder, and due to concerns that have been raised from other governmental entities that have worked with the low bidder involving unacceptable work under the terms of their contract. Staff has reviewed the proposed award of contract with officials from the State of Iowa Homeland Security and Emergency Management Division, which oversees the project and funds paying for the project, and they have concluded that the City has provided sufficient justification for not accepting the low bid. If you have any questions or need any additional information on this matter, please contact our office. cc: Noel Anderson, Community Planning & Development Director Chris Western, Planner II Path: K:\USERS\ARIC-S\City of Waterloo\council letters\RFPs Bids Contracts and Agreements for Goods or Services \02-02-11 Council Communication for Award of Contract for Asbestos Abatement Services for HMGP.doc Mayor BUCK CLARK CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL ANDERSON, Community Planning & Development Director February 1, 2011 The Honorable Buck Clark, Mayor and the City Council Members City Hall COUNCIL Waterloo, Iowa 50703 MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large Dear Mayor and Council Members: RE: Award of Contract — Asbestos Abatement Services — Hazard Mitigation Grant Program (HMGP) Property Acquisition Project — Public Assistance (PA) Demolition. Proposals for asbestos abatement services were received from seven firms, including: Abatement Specialties, Cedar Rapids, IA; Active Thermal Concepts, Hiawatha, IA; Advanced Environmental, Waterloo, IA; Affordable Hazards Removal, Inc., Monticello, IA; Great Plains Asbestos Control, Inc., Kearney, NE; Iowa Illinois Taylor Insulation Co., Davenport, IA; and Site Services, Inc., Algona, IA. The Proposal Evaluation Selection Committee thoroughly evaluated the proposals based on the firm's experience and the firm's principal project manager's experience, the firm's responsiveness to the RFP (including total scope of services offered, compliance with submission guidelines, and overall proposal presentation), and the cost effectiveness of the firm's financial proposal. All seven bidders submitted the required "Financial" portion in their proposal, but only two companies (Active Thermal Concepts and Advanced Environmental) submitted anything for the "Non -Financial" portion of their proposal as requested in the request for proposal. "Non -Financial" data requested included a certificate of insurance, a detailed service plan and timeline proposed, details on the experience of the company and key personnel highlighting other similar projects that they have worked on, a list of staff with name, title and description of work they would perform, an indication of who the principal or project manager would be, and a list of references. The Request for Proposal that was submitted to all prospective bidders clearly indicated that this information was to be included. The RFP also stated that "Failure to complete or provide any of the information requested in this RFP, including references, and/or additional information as indicated, may result in disqualification by reason of 'non responsiveness'." And the RFP stated that the award of contract would be made to the most responsible and responsive proposal from a company whose proposal offers the greatest value to the City with regard to the criteria detailed and the specifications set forth within the RFP, and stated that proposals would be evaluated on: 1) qualifications and experience including years of experience of key personnel, feedback from references, and knowledge and experience with projects involved with federal and state grants, 2) cost effectiveness, and 3) company responsiveness to RFP, including total scope of services offered, responses to overall proposal and compliance with submission guidelines, and proposal presentation (completeness, organization, appearance, etc.). CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer The RFP stated that "A Proposer's submission of a proposal constitutes its acceptance of this evaluation technique and its recognition and acceptance that subjective judgments will be used by the evaluators in the evaluation. The five proposals submitted that did not have any of this "Non -Financial" data were effectively "non responsive". This includes the lowest bid from the "Financial" portion, which was from Affordable Hazards Removal, Inc. Specifically, Affordable Hazards Removal failed to provide the following requested information: 1) a detailed service plan and timeline proposed, 2) details on the experience of the company and key personnel highlighting other similar projects that they have worked on, 3) a list of staff with name, title and description of work they would perform, 4) an indication of who the principal or project manager would be, and 5) a list of references. In addition, staff made contact with other governmental entities that had worked with Affordable Hazards Removal and concerns were noted for work performed that was not in compliance with their contract requirements. This concern is compounded by the lack of information provided by the Proposer that might offset that, such as a list of experience and similar projects worked on with references. Therefore, due to their exclusion of information requested in the RFP, and due to concerns over their experience with other governmental entities, the Committee is recommending that Affordable Hazards Removal, Inc. not be awarded the contract despite being the low bidder for the "Financial" portion of proposals. The proposals submitted by Active Thermal Concepts and Advanced Environmental were both excellent proposals that provided almost all, if not all, of the information requested by the RFP. The Committee has determined that the proposal submitted by Advanced Environmental was the most responsible and responsive proposal that offered the greatest value and expertise to the City. Therefore, the Proposal Evaluation Selection Committee recommends that the contract for asbestos abatement services in connection with Public Assistance (PA) demolition activities of the Hazard Mitigation Grant Program (HMGP) 1763 Structural Acquisition (Buy Out) program be awarded to Advanced Environmental. Please find attached the Proposal Evaluation Tab (bid tab) for the proposals, as well as the contract to be executed. If you have any questions or need any additional information on this matter, please contact our office. Respectfully, Aric A. Schroeder, City Planner CITY OF WATERLOO, IOWA Proposal Evaluation Tab for Request for Proposal January 2011 ASBESTOS ABATEMENT SERVICES FOR DEMOLITION ACTIVITIES OF THE HAZARD MITIGATION GRANT PROGRAM (HMGP) PROPERTY ACQUISITION PROJECT City of Waterloo, Iowa Prepared by City of Waterloo Planning and Zoning Department Proposal Evaluation Tab for Request for Proposals for Asbestos Abatement Services • LILLJ 1VV4,IYVLL. / Detail of Cost Inputs Evaluation Criteria Qualifications and Experience (Max of 45 points) Government Experience with Company (Max of 45 points) Company Responsiveness to RFP (Max of 90 points) Cost Effectiveness (Max of 120 points) Total (Maximum of 300 points) Total lump sum bid (total cost based on the tabulated amounts from each property bid tab) Abatement Specialties Cedar Rapids, IA 0 29 35 64 128 $142,235.00 Active Thermal Concepts Hiawatha, IA 42 43 89 104 278 $88,430.00 Advanced Environmental Waterloo, IA 44 45 82 109 280 $86,710.00 Affordable Hazards Removal, Inc. Monticello, IA 0 10 32 111 152 $52,800.00 Great Plains Asbestos Control, Inc. Kearney, NE 0 26 36 91 153 $92,985.00 Iowa Illinois Taylor Insulation Co. Davenport, IA 0 24 38 41 103 $183,444.00 Site Services, Inc. Algona, IA 0 24 44 35 103 $189,000.00 PROPOSAL EVALUATION TAB FOR RFP FOR ASBESTOS ABATEMENT SERVICES - 2011 CONTRACT FOR ASBESTOS ABATEMENT SERVICES This Contract for Asbestos Abatement Services (the "Contract") is entered into as of February 15, 2011, by and between the City of Waterloo, Iowa ("City") and Advanced Environmental Testing and Abatement, Inc. ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For a period of six (6) months after the date of this Contract, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all tools, labor and materials, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. By executing this Contract, Contractor certifies that it holds an asbestos permit issued by the Iowa Division of Labor and that all personnel who perform work on the project will have an asbestos license issued by the Iowa Division of Labor. Contractor agrees that such permit and licenses will be maintained during the term of this Contract. Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above services at the cost set forth in the Contractor's RFP response. Contractor will be paid separately for each property at which services are performed. Contractor's request for payment for services authorized under this Contract shall be submitted on a monthly basis and will be paid within forty-five (45) days after receipt of an original invoice and after such services are delivered and accepted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for asbestos removal and disposal, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work in accordance with the plans and specifications. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Proposal b. Addenda c. Response (Proposal) from the Contractor In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed $86,710.00 as provided in the Bid Tabulation that is part of Contractor's RFP Response referenced in Section 2.c above, except by written amendment as provided herein. 3. Approval; Timing of Work. Contractor shall not begin work until after the Contract has been approved by the City Council and a completely executed copy has been returned to Contractor with Notice to Proceed. The work shall commence within seven (7) days after the City has issued a Notice to Proceed with respect to any particular property or set of properties, and all work shall be completed and delivered within thirty (30) days after issuance of the Notice to Proceed. 4. Performance Bond. Contractor shall furnish a bond in an amount equal to One Hundred percent (100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and shall save harmless the City from claims and damages of any kind arising out of the performance of this contract. 4.1 Payment Bond. Contractor will be required to furnish a payment bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful payment as required by law of all persons supplying labor and material in the execution of the work provided for in the Contract. 5. Reporting; Records. Contractor shall exercise best efforts to maintain communication with City personnel whose involvement in the project is necessary or advisable for successful and timely completion of the work of the project. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be addressed. Contractor shall maintain all project records for a minimum period of three (3) years after the date of final payment for services rendered under this Contract. During the term of this Contract and for the ensuing record -retention period, Contractor shall make any or all project records available upon reasonable request, and in any event within two (2) business days of request, to City, 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 HMGP property acquisition 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 Contract. Contractor agrees to furnish, upon termination of this Contract and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Contractor pursuant to this Contract, without cost and without restrictions or limitation as to the use relative to specific projects covered under this Contract. In such event, the Contractor shall not be liable for the City's use of such documents on other projects. 6. Government -Mandated Provisions. Because the project activity is funded by the federal government, federal law requires that the City's contracts relating to the project include certain provisions. It is possible that some of the provisions set forth in this Section do not apply to Contractor or the services to be provided hereunder, but the provisions are nonetheless set forth to cause this Contract to comply with federal law. City makes no representation about whether any particular requirement is applicable to this Contract. Parenthetical comments in the following paragraphs are taken from 44 CFR § 13.36(i). A. Remedies. See Section 8 below. 2 B. Termination for Cause and for Convenience. See Sections 8 and 9 below. C. 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) D. 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) E. 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) F. 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) G. City's Reporting Regulations and Requirements. See Section 4 above. H. Patent Rights and Copyrights. With respect to any discovery or invention which arises or is developed in the course of or under this Contract, the Archaeological Company 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 Contract, the Archaeological Company is responsible for complying with requirements pertaining to copyright, as defined by the awarding agency. I. Access to Documents. See Section 4 above. J. Retention of Documents. See Section 4 above. K. 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. 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 FR 19639, 19645, Apr. 19, 1995]. 3 7. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. 8. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14 -day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14 -day period), then City may declare that Contractor is in default hereunder and 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 City hereunder, or obtain damages caused to the City 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. declare a default of this Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of 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 City 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 City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 9. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10 -days' advance written notice of intent to terminate. 4 10. Non -Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 11. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venturer of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 12. Anti -Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti -discrimination laws of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. 13. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 14. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Asbestos Abatement Services as of the date first set forth above. CITY OF WATERLOO, IOWA By: Ernest G. Clark, Mayor Attest: Suzy Schares, City Clerk 5 ADVANCED ENVIRONMENTAL