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HomeMy WebLinkAboutTerraconlrerracon January 28, 2019 SEALED RFP FOR ASBESTOS SURVEY SERVICES City Hall Planning and Zoning Department — 2nd Floor City Hall 715 Mulberry Street Waterloo, IA 50703 Attn: Mr. Chris Western, Planner II/Project Manager P: [319] 291-4366 F: [319] 291-4262 E: chris.western@waterloo-ia.org Re: ASBESTOS SURVEY SERVICES Waterloo, Iowa Terracon Proposal No. P13197007 Dear Mr. Western: Terracon Consultants, Inc. (Terracon) is pleased to submit this proposal in response to the Request for Proposal (RFP) dated January 9, 2019 regarding asbestos consulting services in conjunction with the proposed demolition of buildings located in Waterloo, Iowa. Our understanding of the project, proposed scope of services, key understandings and compensation are presented in the following sections. A. PROJECT INFORMATION Terracon understands the subject buildings on the following properties are scheduled for demolition and are currently unoccupied. The property addresses are identified as 2127 East 4th Street (Rectory only), 419 Lane Street, 800 West 2nd Street, 614 West 7th Street, 536 Dawson, 623 West 2nd Street, 411 East 8th Street, 328 West 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercial Street, 1426 Commercial Street, 1430 Commercial Street, 421 Logan Avenue, and 154 Harrison Street. Terracon Consultants, Inc. 3105 Capital Way, Suite 5 Cedar Falls, Iowa 50613 P [319] 277-4016 F [319] 277-4320 terracon,com Environmental • Facilities • Geotechnical • Materials Asbestos Survey Services Waterloo, Iowa January 28, 2019 Terracon Proposal No. P13197007 B. SCOPE OF SERVICES Asbestos Surveys lierracon The asbestos surveys will be conducted by Iowa -licensed asbestos inspectors as required by 40 Code of Federal Regulations (CFR) 61, National Emissions Standards for Hazardous Air Pollutants (NESHAP). Terracon will conduct a visual assessment of the structures to identify suspect asbestos -containing materials (ACMs) such as thermal system insulation, surfacing materials, and miscellaneous materials (e.g., floor tile, ceiling tile). Suspect materials will be physically assessed for friability and evidence of damage or degradation. Bulk samples of suspect ACMs will be collected for laboratory analysis. Bulk sample collection will be conducted in accordance with the sampling protocols outlined in 40 CFR 763.86 Asbestos. Although sample collection will result in some isolated damage to building materials, attempts will be made to limit such damage to the extent necessary for sample collection. Terracon will not be responsible for repair or touch-up of sample locations. In addition, Terracon will not conduct sampling that requires demolition or destructive activities such as knocking holes in walls, dismantling of equipment, removal of protective coverings or sampling of electrical wiring. Reasonable efforts to access suspect materials within known areas of restricted access (e.g., crawl spaces) will be made provided these areas are not determined to be permit -required confined spaces or pose a health or safety risk to Terracon personnel. Sampling will not include suspect materials that cannot be safely reached with available ladders/man-lifts. Terracon will collect an adequate number of samples to identify ACM per the RFP. Although Terracon will sample roofing materials, the City of Waterloo (City) must agree to defend and hold Terracon harmless from subsequent liability and damages that may result. Terracon will apply temporary patching to roof sample locations, if no previous damage is identified. However, if the buildings will not be demolished until a later date, it is recommended that a roofing contractor should be obtained by the City of Waterloo to repair areas damaged by roof sampling. Terracon has attached a roof sampling authorization form that must be signed prior to sampling roofing materials. Bulk samples will be submitted under chain of custody to EMSL Analytical, Inc. (EMSL) of Cinnaminson, New Jersey, for analysis by polarized light microscopy with dispersion staining techniques per the Environmental Protection Agency's (EPA) Method for the Determination of Asbestos in Bulk Building Materials (600/R-93-116). The percentage of asbestos, if present, will be established by microscopic visual estimation. EMSL is an accredited laboratory under the National Voluntary Laboratory Accreditation Program (NVLAP Accreditation No. 100194). Responsive • Resourceful • Reliable 2 Asbestos Survey Services Waterloo, Iowa January 28, 2019 Terracon Proposal No. P13197007 Report iFerracon Terracon will prepare a report describing the sampling methods and the results of the survey for each individual property. The reports will describe the number, type, and location of building material samples collected, the analytical results, the estimated quantities, and the condition of materials identified as ACM. Estimates of ACM removal costs will not be provided unless specifically requested in advance by the City. Unless otherwise instructed, two copies of the final report will be submitted to the address indicated herein. Written Specifications for Required Asbestos Abatement Procedures Terracon will prepare one asbestos abatement specification that will apply to the types of ACMs identified in the structures. Abatement Observation Terracon will coordinate asbestos abatement observation activities with the abatement contractor and the City. Terracon will visit the site at the beginning of abatement to confirm that the abatement contractor is following the abatement specification and state and federal regulations. Upon completion of abatement activities, but before engineering controls are removed (such as for friable material), Terracon will visit the site to conduct a post -abatement visual inspection to verify the abatement contractor has properly and completely removed the identified AGMs. The post -abatement visual inspection will be conducted in accordance with ASTM E1368-05 Standard Practice for Visual Inspection of Asbestos Abatement Projects. Upon satisfactory completion of the visual inspection, Terracon and the abatement contractor will sign the post -abatement checklist. Additional Services Terracon will attend meetings regarding this work at the request of the City. Terracon will also respond the City's request for additional services if necessary to implement the project. Conditions The City must provide timely right of entry to conduct the described services, as well as access to the buildings' interiors. If there are any restrictions or special requirements regarding the site, these should be made known to Terracon prior to commencing the site services. Schedule Terracon is prepared to commence work within 7 days upon receiving the executed Agreement for Services. It is anticipated that the asbestos surveys and reports for the project will be Responsive • Resourceful ■ Reliable 3 Asbestos Survey Services Waterloo, Iowa January 28, 2019 Terracon Proposal No. P13197007 lrerracon completed in four weeks. The schedule for site visits, post -abatement visual inspections, and clearance reports for the project will be based on the asbestos abatement contractor hired by the City. Terracon understands that the asbestos abatement contractor will submit the 10 -day notification to the Iowa Department of Natural Resources (IDNR), with a copy provided to Terracon. C. COMPENSATION Terracon will conduct the above-described scope of services for the following lump sum fees: ESTIMATED TOTAL PROJECT COST DESCRIPTION FEE Asbestos services in connection with the following properties: 2127 East 4'f' Street (Rectory only), 419 Lane Street, 800 West 2"d Street, 614 West 7th Street, 536 Dawson, 623 West 2"d Street, 411 East 8th Street, 328 West 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercial Street, 1426 Commercial Street, 1430 Commercial Street, 421 Logan Avenue, and 154 Harrison Street. $13,875 If additional trips to the sites are required due to failing the initial post -abatement visual inspection, each additional trip to conduct a follow-up post -abatement visual inspection will be invoiced at $250.00 per visit. A specimen certificate of insurance is attached to this proposal; if awarded the contract, Terracon will issue a certificate of insurance showing the City of Waterloo as additional insured. In addition, a bid bond for 5% of the above listed cost will be submitted upon awarding of the contract. Terracon's invoice will be submitted to the address appearing above upon completion of the proposed services. If conditions are encountered at the site that require significant changes in the scope of services or there is a significant increase in the anticipated number of samples collected, which will increase the fees, you will be contacted for discussion and approval of such changes before we proceed. D. AUTHORIZATION If this proposal meets with your approval, the services will be initiated by signing a mutually acceptable contract containing the General Terms and Condition as set forth in the RFP with the one requested change to Section VII as set forth in indicated in the attached Exceptions Memo dated January 21, 2019. Responsive • Resourceful • Reliable 4 Asbestos Survey Services Waterloo, Iowa January 28, 2019 Terracon Proposal No. P13197007 We appreciate the opportunity to provide this proposal and look forward to working with you on this project. In addition to asbestos services, our professionals provide geotechnical, environmental, construction materials, and facilities services on a wide variety of projects locally, regionally, and nationally. For detailed information on Terracon's services, please visit our web site at www.terracon.com. If you have questions regarding this proposal or require additional services, please call me at 319.277.4016. Sincerely, Terracon Consultants, Inc. Dave C. Cleary, REM Cindy aldwin, CIH, FAIHA Environmental Department Manager Senior Industrial Hygienist Attachments: Request for Bids Exceptions Memo Bid Bond Specimen Certificate of Insurance Roof Sampling Authorization Form Responsive • Resourceful ■ Reliable 5 CITY OF WATERLOO, IOWA Request for Bids Due January 31, 2019 at 12:00 p.m. ASBESTOS SURVEY SERVICES 2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th, 536 Dawson, 623 W. 2nd, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercial Street, 1426 Commercial Street and 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street. City of Waterloo, Iowa Prepared by City of Waterloo Planning and Zoning Department SECTION I NOTICE OF REQUEST FOR PROPOSALS 1.0 Receipt and Opening of Proposals 1.0.1 All proposals must be received in a sealed envelope in City Hall (date and time stamped) by 12:00 p.m. Thursday January 31, 2019. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry St, Waterloo, Iowa. Proposals sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation `SEALED RFP FOR ASBESTOS SURVEY SERVICES', and the name of the company submitting the proposal. 1.1 RFP Timeline Name of the Proposal: Date of Issuance: Deadline for Proposal Submittal: Submit Sealed Proposal to: Address exactly as stated - Method of Submittal: Contact Person, Title: E-mail Address: Phone/ Fax Numbers: ASBESTOS SURVEY SERVICES -2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th, 536 Dawson, 623 W. 2nd, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercial Street, 1426 Commercial Street and 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street. Wednesday January 9, 2019 Thursday January 31, 2019 at 12:00 p.m., Central Time SEALED RFP FOR ASBESTOS SURVEY SERVICES City Hall -2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th, 536 Dawson, 623 W. 2nd, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercial Street, 1426 Commercial Street and 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street Planning and Zoning Department -2"d Floor City Hall 715 Mulberry Street Waterloo, IA 50703 Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Chris Western, Planner II/Project Manager chris.western@waterloo-ia.org Phone: 319-291-4366 Fax: 319-291-4262 1.2 The City reserves the right to accept or reject any or all proposals and to waive any informalities or irregularities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any Proposer. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Proposer. Similarly, the City is not responsible for, and will not open, any proposal responses that are received later than the date and time stated above. Late proposals will be retained in the RFP file, unopened. No responsibility will be attached to any person for premature opening of a proposal not properly identified. RFP FOR ASBESTOS SURVEY SERVICES — 2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th, 536 Dawson, 623 W. 2nd, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercial Street, 1426 Commercial Street and 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street. Page 2 of 11 1.4 Proposals will be evaluated promptly after opening. After an award is made, a proposal summary will be sent to all companies who submitted a proposal. Proposal results will not be given over the telephone. Proposals may be withdrawn anytime prior to the scheduled closing time for receipt of proposals; no proposal may be modified or withdrawn for a period of sixty (60) calendar days thereafter. SECTION II INSTRUCTIONS TO PROPOSERS 2.0 The Proposal shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFP and agree to all terms and conditions, except as provided in paragraph 2.4 below. The City of Waterloo reserves the right to reject any or all proposals, and to accept in whole or in part, the proposal, which, in the judgment of the proposal evaluators, is the most responsive and responsible proposal. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. At 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. The contract shall provide certificate of insurance having the City of Waterloo as additional insured. 2.2 A bid guarantee from each Proposer equivalent to five percent (5%) of the bid price is required. The bid guarantee shall consist of a firm commitment, such as a bid bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Proposer will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. 2.3 This Request for Proposal does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of proposals, or costs incurred in making necessary studies for the preparation of proposals. 2.4 Important Exceptions to Contract Documents - The Proposer shall clearly state in the submitted proposal any exceptions to, or deviations from, the minimum proposal requirements, and any exceptions to the terms and conditions of this RFP. Such exceptions or deviations will be considered in evaluating the proposals. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFP may cause their proposal to be rejected. No additional exceptions shall be allowed after submittal of a proposal. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFP, and/or additional information as indicated, may result in disqualification by reason of "non responsiveness". RFP FOR ASBESTOS SURVEY SERVICES — 2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th, 536 Dawson, 623 W. 2nd, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercial Street, 1426 Commercial Street and 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street. Page 3 of 11 SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for four (4) weeks, anticipated to be from (February 4, 2019) to (March 1, 2019). 3.0.2 The City and the Contractor may renew the original Contract for one (1) week time periods by mutual agreement. Two (2) week's notice must be given to renew the Contract for additional increments. 3.0.3 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance requirements have been met. Each section contained herein, any addenda and the response (Proposal) from the successful bidder shall also be incorporated by reference into the resulting Contract. 3.0.4 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.5 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Proposer will be required to enter into a written contract with the City. 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the 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 under the Contract. 3.1.3 Termination for Convenience. The 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 the Contract at any time by delivering to Contractor 10 -days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or RFP FOR ASBESTOS SURVEY SERVICES — 2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th, 536 Dawson, 623 W. 2nd, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercial Street, 1426 Commercial Street and 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street. Page 4 of 11 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 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 under the Contract, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Invoices 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 services are delivered and have been accepted. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred. 3.2.3 All invoices and supporting documentation shall be submitted at the intervals as agreed upon via US mail or email to: City of Waterloo Planning and Zoning Department, attn: Pre Demolition Asbestos Survey of 2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th Street, 536 Dawson Street, 623 W. 2nd Street, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercial Street, 1426 Commercial Street, 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street. 3.2.4 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.5 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. RFP FOR ASBESTOS SURVEY SERVICES — 2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th, 536 Dawson, 623 W. 2nd, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercial Street, 1426 Commercial Street and 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street. Page 5 of 11 SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking proposals for asbestos survey services in connection with the demolition of 2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th, 536 Dawson, 623 W. 2nd, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercial Street, 1426 Commercial Street and 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street. 4.1 Scope of Work The City of Waterloo is seeking a qualified asbestos surveyor to complete a pre - demolition asbestos survey of the properties acquired or to be acquired and to provide monitoring of asbestos abatement activities for all properties that will require monitoring based on the results of the asbestos survey. The Contractor shall furnish all tools, labor and materials for the proposed asbestos surveying and monitoring of abatement in accordance with all applicable plans, specifications, codes and ordinances of the City of Waterloo, Iowa, asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Parts 61 and 763, NESHAP, and any other Federal Regulations, as well as all applicable State Regulations of the Iowa DNR. The services to be performed under this Contract shall consist of the following: 4.1.1 All services must be performed in accordance with all applicable codes and ordinances of the City of Waterloo, Iowa, accepted professional standards and best practices, as well as all applicable Federal and State regulations, including but not limited to asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Part 61, National Emissions Standards for Hazardous Air Pollutants (NESHAP), as well as applicable State regulations of the Iowa Department of Natural Resources. The Contractor shall hold and maintain an asbestos permit issued by the Iowa Division of Labor, and all personnel who perform work on the Project shall hold and maintain an Iowa asbestos license issued by the Iowa Division of Labor. The services to be performed under this Contract shall consist of the following: 4.1.2 Locating and identifying asbestos containing materials (ACM) in each structure located at the address (es) listed in this RFP. 4.1.3 Taking an adequate number of samples to identify ACM. 4.1.4 Suspect materials will be sampled and analyzed in an accredited lab. 4.1.5 Provide a written report for each property location on the samples taken, room location and room area (square footage), the type of ACM, the percentage and quantity, and other pertinent information for the requirements of an asbestos survey. 4.1.6 Provide written specifications for required asbestos abatement procedures. 4.1.7 Monitoring of asbestos abatement activities for any properties identified in the asbestos survey as having findings requiring asbestos abatement monitoring, verifying through inspection the removal of ACM as outlined in your survey report, and providing clearance reports following completion. 4.1.8 Coordinate all asbestos abatement monitoring services with asbestos abatement contractors and relevant City staff. 4.1.9 Reserved RFP FOR ASBESTOS SURVEY SERVICES —2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th, 536 Dawson, 623 W. 2nd, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercial Street, 1426 Commercial Street and 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street. Page 6 of 11 4.1.10 At the request of the City given with reasonable advance notice, attend meetings of the City relative to the work set forth in this Agreement. 4.1.11 Provide other services as requested by the City as may be necessary to implement the Project. 4.1.12 Provide the above-described monitoring services on an as -needed basis, without assurance of regularity in the frequency of transactions, the number of transactions that may be handled concurrently, or the total number of transactions. 4.2 The Contractor shall complete the Project in an expeditious manner and shall commence work within seven (7) days after being notified by the City with a Notice to Proceed on any given property or properties. It is anticipated that the City will issue a Notice to Proceed approximately concurrently for all properties identified in this RFP. All work shall be completed and reports and necessary documentation provided within thirty (30) days of the issuance of Notice to Proceed. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material breach of the Contract. A separate Notice to Proceed will be issued for surveying work and for monitoring of abatement work. 4.3 Silence of Specifications — Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Proposal. 4.4 Due to project requirements, the contractor that conducted asbestos surveys is not eligible to perform asbestos abatement on the same properties, and therefore is not eligible to bid on this RFP. RFP FOR ASBESTOS SURVEY SERVICES — 2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th, 536 Dawson, 623 W. 2nd, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercial Street, 1426 Commercial Street and 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street. Page 7 of 11 negligent SECTION VII GENERAL TERMS AND CONDITIONS 1. LANGUAGE, WORDS USED INTERCHANGEABLY - The word CITY refers to the CITY OF WATERLOO, IOWA throughout these Instructions and Terms and Conditions. Similarly, PROPOSER refers to the person or company submitting an offer to sell its goods or services to the CITY, and CONTRACTOR refers to the successful bidder. 2. PROPOSER QUALIFICATIONS - No Proposal 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, Proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service proposal and that they have the necessary financial resources to provide the proposed supply/service as described in this Request for Proposal. 3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ OFFEROR - Any deviation from this specification MUST be noted in detail, and submitted in writing in the Proposal. 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 Proposer 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 Proposals, the Proposer's name should be clearly shown on each document. 4. COLLUSIVE PROPOSAL - The Proposer certifies that the proposal submitted by said Proposer is done so without any previous understanding, agreement or connection with any person, firm, or corporation making a proposal 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. 5. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS - All changes in Proposal documents shall be through written addendum. Verbal information obtained otherwise will NOT be considered in awarding of Proposals. 6. PROPOSAL CHANGES - Proposals, amendments thereto, or withdrawal requests received after the time advertised for Proposal opening, will be void regardless of when they were mailed. 7. HOLD HARMLESS AGREEMENT - The Contractor agrees to protect, defend, indemnify and hold harmless the City of Waterloo, its officers and employees, their agencies and agents, from any and all claims and damages of every kind and nature made, rendered or incurred by or in behalf of every person or corporation \ whatsoever, including the parties hereto and their \ employees that may arise, occur, or grow out of any \l acts, actions, work or other activity done by the Contractor, its employees, subcontractors or any independent contractors working under the direction of either the Contractor or subcontractor in the performance of this Contract. 8. PROPOSAL REJECTION OR PARTIAL ACCEP- TANCE - The City reserves the right to reject any or all Proposals. The City further reserves the right to waive technicalities and formalities in Proposals, as well as to accept in whole or in part such Proposals where it is deemed advisable in protection of the best interests of the City. 9. PROPOSAL CURRENCY/LANGUAGE - All proposal prices shall be shown in US Dollars ($). All prices must remain firm for the duration of the Contract regardless of the exchange rate. All proposal responses must be submitted in English. 10. PAYMENTS - Payments will be made for all goods/services delivered, inspected and accepted within 45 days and on receipt of an original invoice. 11. MODIFICATION, ADDENDA & INTERPRETATIONS - Any apparent inconsistencies, or any matter requiring explanation or interpretation, must be inquired into by the Proposer in writing at least 72 hours (excluding weekends and holidays) prior to the time set for the Proposal 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. 12. 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. 13. SUBCONTRACTING - No portion of this Proposal may be subcontracted without the prior written approval by the City. 14. ELECTRONIC SUBMITTAL - Telegraphic and/or proposal 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 proposal either by airfreight, postal service, or other means. 15. 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, 16. ASSIGNMENT - Proposer 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. 17. EQUAL OPPORTUNITY - The successful firm agrees not to refuse to hire, discharge, promote, demote, or to otherwise discriminate in matters of compensation RFP FOR ASBESTOS SURVEY SERVICES — 2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th, 536 Dawson, 623 W. 2nd, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercial Street, 1426 Commercial Street and 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street. Page 8 of 11 against any person otherwise qualified solely because of age, race, color, religion, sex, sexual orientation, gender identity, marital status, national origin, citizenship status, disability, or veteran status. 18. TAXES - The City of Waterloo 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. 19. PROPOSAL INFORMATION IS PUBLIC — All documents submitted with any proposal and the 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 Waterloo in connection with a proposal, the submitting party recognized this and waives any claim against the City of Waterloo 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 Waterloo and its officers and employees harmless from any claims arising from the release of any document or information made available to the City of Waterloo arising from any proposal opportunity. RFP FOR ASBESTOS SURVEY SERVICES —2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th, 536 Dawson, 623 W. 2nd, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercial Street, 1426 Commercial Street and 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street, Page 9 of 11 EXHIBIT"A" SIGNATURE PAGE 2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th Street, 536 Dawson Street, 623 W. 2"d Street, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercial Street, 1426 Commercial Street 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street. The undersigned Proposer/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: Terracon Address: 3105 Capital Way, Suite 5 City: Cedar Falls State: Iowa Zip: 50613 Authorized Representative (print) Dave Cleary Authorized Representative Signature Date : 1/25/19 Email: Dave.Cleary@terracon.com Phone: 319-277-4016 Fax: 319-277-4320 EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. X Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: We choose not to bid at this time but would like to be considered for future requests for bid Addenda Number Date Addenda Number Date Addenda Number Date Addenda Number Date RFP FOR ASBESTOS SURVEY SERVICES — 2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th, 536 Dawson, 623 W. 2nd, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercial Street, 1426 Commercial Street and 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street. Page 10 of 11 Our bid, for asbestos survey services of the above listed sites is and will not exceed: 2127 E. 4th Street (Rectory only) $ 925 419 Lane Street $ 925 800 W. 2nd Street $ 925 614 W. 7th Street $ 925 536 Dawson Street $ 925 623 W. 2nd Street $ 925 411 E. 8th Street $ 925 328 W. 14th Street $ 925 1211 Sycamore Street $ 925 1420 Commercial Street $ 925 1422 Commercial Street $ 925 1426 Commercial Street $ 925 1430 Commercial Street $925 421 Logan Avenue $ 925 154 Harrison Street $ 925 Total $ 13,875 The contractor with the lowest total bid for all properties will be award the contract. RFP FOR ASBESTOS SURVEY SERVICES — 2127 E. 4th Street (Rectory only), 419 Lane Street, 800 W. 2nd Street, 614 W. 7th, 536 Dawson, 623 W. 2nd, 411 E. 8th Street, 328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercial Street, 1426 Commercial Street and 1430 Commercial Street, 421 Logan Avenue and 154 Harrison Street. Page 11 of 11 lierracon Exceptions TO: City of Waterloo, Iowa FROM: Terracon Consultants, Inc. DATE: January 21, 2019 RE: Asbestos Survey Services Agreement Terracon Consultants, Inc. ("Terracon") has reviewed the General Terms and Conditions contained in the Asbestos Survey Services provided in the Request for Bids by the City, and respectfully requests the following change from the General Terms and Conditions. 1. Section 7, Hold Harmless Agreement: a. in line 9, please add the work "negligent" before "acts, actions..." The aforementioned change ensures that Terracon's indemnification obligations will fall within the scope of its coverage under the professional liability policy. As a provider of consulting services, Terracon is held to a certain standard of care. As such, the coverage under the professional liability policy is written to provide coverage for an indemnification based in negligence. Terracon has no other concerns with or objections to these terms. If you have any questions or concerns about this memo, please do not hesitate to contact Sonja Garrelts in the Legal Department. She can be reached directly by email at sonja.garrelts@terracon.com or by phone at (913) 298-7335. 10841 S. Ridgeview Road, Olathe, KS 66061 Geotechnical • Environmental • Construction Materials • Facilities oci meat A3110TM — 2010 Conforms with The American Institute o1 Architects AIA Document 310 Bid Bond CONTRACTOR: Attune, legal staters and address) Terracon Consultants, Inc. 3105 Capital Way, Suite 5 Cedar Falls, IA 50613 OWNER: (Naar, legal slants and address) City of Waterloo City Hall, 715 Mulberry Street Waterloo, IA 50703 BOND AMOUNT: $ 5% SURETY: (Name, legal slants and principal place rjbusiness) Fidelity and Deposit Company of Maryland 1299 Zurich Way, 5th Floor Schaumburg, IL 60196-1056 Five Percent of Amount Bid PROJECT: (Name. location or address and Protect number, Jam') Asbestos Survey Services, Project No. P13197007 This document has important legal consequences. Consultation with an attorney Is encouraged with respect to its completion or modification. Any singular reference 10 Contractor, Surety, Owner or other party shall be considered plural where applicable. The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such Ilial if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such lime period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof: or (2) pays to the Owner the difference, not to exceed the amount of this Hond, between the amount specified in said bid and such larger amount for which the Owner may itt good faith contract with another party to pertimn the work cowered by said bid, then this obligation shall be null and void, otherwise to remain in full Ibrce and effect. The Surely hereby waives any notice of an agreement bctwcen the Owner and Contractor to extend the time in which the Owner ntuy accept the hid. Waiver of notice by the Surely shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time lilr acceptunee oI' bids speeilied in the bid documents, and the Owner and Contractor shall obtain the Surety's consent lit( an extension beyond sixty (60) days. if this Bond is issued in connection with a subcontractor's bid to a Contractor, the tent Contractor in this Bond shall bo deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this flood ctintlicting with said stutulory or legal requirement shall be deemed deleted Iterefrolll and provisions conlbnning h1 such statutory or outer le Lai requirement shall be deemed incorporated herein. When so Ithntished, the intent is that this Bond shall be construed as a slutulur)* bund and not as u common law bond. Signed and scaled this 31st day of January, 2019 Witness) (11'luress) Terracon Consultants, Inc. (Principal) By: (Tera) (Seal) Fidelity and Deposit Company of Maryland (Surety) (1 (Foal) By: (T1rle)Debra J. Sc boroug Atto ey-in-Fact Surety Phone No. , 847:6 5-6000 s•00541AS 8/10 Z,Ii111C11 ANIERIUAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMI'AN Y OFF MARYLAND POWER OP ATTORNEY KNOW ALL MEN BY THESE ('RESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the Stale of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the Slate of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the Stale of Illinois (herein collectively called the "Companies"), by Robert D. Murray, ay, Vice President, in pursuance of authority grated by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and am hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Debra J. SCARBOROUGH, Megan L. BURNS -HASTY, Christy M. BRAILE, Mary T. FLANIGAN, Laura NI. BIIIIRMESTER, Charissa D. LECUYER, Rebecca S. LEAL, C. Stephens GRIGGS and Tnhilin M. FRY, all of Kansas City, Missouri, its true and lawful agent and Attorney -in -Pact, to make, execute, seal and deliver, for, and 00 its behalf as surely, and as its ad and decd: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland, and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby eenffy that the extract set forth 00 the reverse side hereof is a true copy of Article V, Section 8. of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF. the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 181h day of December, A.D. 2018. ATTEST: ZURICH .AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. A4mrgv Vice President dJ (lR.Lfr,'.> ,_ _. By: Dawn E. Brown S'ecrv'ra°, State of Maryland Coonty of Baltimore On this IBth day of December, A.D. 2018, before the subscriber, a Notary Public of the Serle of Maryland, duly commissioned and qualified, Hobert D. Murray, Vice President and Dann E. Brown, Secretary of the Companies, to Inc personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposed) and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal the day and year first above written. a. i Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, A1lomevs-in-Fact. '1-hc Chief Exccul iVC Officer, the President, or any Executive Vice President 11 or Vice President may, by written instrument under the attested corporals seal, appoint allomeys-in-fact with authority to execute bonds, policies, rccoguizanccs, stipulations, undertakings, or other like instruments 00 behalf of the Company, and may authorize any officer or any such attorney -in -Pact 10 affix the corporate seal thereto; and may with or without cause modify of revoke any such appoinIntcnt or authority al any line." CERTIFICATE 1, the undersigned, Vicc President of the ZURICH AMERICAN INSURANCE COMPANY, the C'OL.ONIAI. AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attomcy is still in full force and cClecl 00 the date of this certificate; and 1 do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Ce11i l icatc mal' be signed by facsimile under and by authority of the following resolution of the Beard of Directors of the ZURICH AMERICAN 1NSIIRANCE COMPANY at a meeting duly called and held on the 151h day of December 1998. R1 SOLVED: "Thal the signature of the President or a Vice President and the attesting signature ofa Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Atorney...Any such Power or any certificate thereof hearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board M' Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of allomcy issued by the Company, shall he valid and binding upon (he Company with the stone force and effect as though manually affixed. IN TESTIMONY WIIERLOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this alar day of ranuary , 2019 r14)(J.tm Michael C. Fay, Vice President '1'O REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.repoinfclaimsrii/zurichuircom 800-626-4577 lFerracon ROOF SAMPLING AUTHORIZATION Terracon Consultants, Inc. has been requested by the building owner, our Client, the proposed building purchaser, the lender or the building occupants, to sample the currently installed roofing materials for determination of the presence of asbestos containing materials. The sampling and analysis is being conducted in anticipation of planned roof renovation, planned repairs, roof removal or for informational purposes. As part of the sampling procedure, it may be necessary for Terracon to cut into the roofing materials and remove the materials down to the roof deck or underlying substrate. Terracon will repair the roof by applying temporary patching at the sample locations. The Client, building owner and occupants should understand that sampling of the roofing materials by cutting into these materials may void roof warranties that may be currently in effect. Terracon recommends that the sample locations be permanently patched by a qualified roofing contractor and/or by a roofing contractor approved by the current warranty holder. Terracon will not be responsible for leaks or damage as a result of the sample locations not being permanently patched. Your acknowledgement of the proposed sampling is requested below. I have read the above and will allow sampling of the roofing materials. I have read the above and will not allow sampling of the roofing materials. Building Name or Address Building Owner Name / Entity Printed Name of Authorized Person Signature of Authorized Person Date Terracon Consultants, Inc. www.terracon.com Geotechnical • Environmental • Construction Materials • Facilities