HomeMy WebLinkAboutDNR - Community Assistance Grant Contract - Asbestos Abatement 120 Center St 9.21.20 IOWA BROWNFIELD
REDEVELOPMENT PROGRAM °
COMMUNITY ASSISTANCE GRANT CONTRACT
IOWA DEPARTMENT OF
NATURAL RESOURCES
Brownfield
Redevelopment
Program
Contractor: City of Waterloo
Contract Number: 21-7540-05
Contract Title: Asbestos Abatement — 120 Center St.
Contract Amount: Actual price — not to exceed $6,290.00
Federal ID Number: 42-6005327
Contractor Officer: Chris Western
Contractor Email Address: chris.western@waterloo-ia.org
DNR Project Officer: Mel Pins, 515-725-8344
Land Quality Bureau
Distribution Copies: Copy One — IDNR
Copy Two — Contractor
Time of Performance: October 6, 2020 — November 30, 2020
Time of Final Documentation: December 31, 2020
Term of Contract: January 31, 2021
Submit Reporting Forms and Mel Pins
Claim Vouchers To: Land Quality Bureau
Iowa Department of Natural Resources
502 E. 9t" Street
Des Moines, Iowa 50319-0034
Issue Payment To: City of Waterloo
715 Mulberry St.
Waterloo, Iowa 50703
SPECIAL CONDITIONS AND GENERAL CONDITIONS
The Contractor shall deliver all information and complete all tasks detailed in the Special
Conditions. The rights and obligations of the parties to this Contract shall be subject to
and governed by the Special Conditions, the General Conditions, and the Appendices.
To the extent of any inconsistency between the Special Conditions, the General
Conditions, and the Appendices and any specifications or other conditions that are made
a part of this Contract by reference or otherwise, the provisions of the Special Conditions
and the General Conditions shall control. To the extent of any inconsistency between the
Special Conditions and the General Conditions, the provisions of the Special Conditions
shall control.
SPECIAL CONDITIONS
ARTICLE I. IDENTIFICATION OF PARTIES, PROJECT, AND PROJECT AREA
This Contract is by and between the City of Waterloo (hereinafter referred to as the
Contractor) and the Iowa Department of Natural Resources (hereinafter referred to as
the Department) for the purpose of assisting in cost-share reimbursement for activities to
conduct the proper removal and disposal of noted, regulated asbestos containing
material (ACM) from the building at the project area, hereinafter referred to as the
Project. The Project Area is, at a minimum, defined as land parcels and related
structures located at 120 Center St., formerly known as Cleveland Welding Supply,
within the corporate limits of the City of Waterloo, Black Hawk County, Iowa. It is the
intent of the Contractor to remove the referenced ACM, and then prepare the building
and site for economic redevelopment. The ACM at the project site presents a potential
environmental and public health hazard.
ARTICLE II. DESIGNATION OF OFFICIALS
2.1 Department. The Deputy Director of the Department shall execute any changes
in the terms, conditions, or amounts specified in this Contract. Mel Pins shall
negotiate on behalf of the Department and, subject to the approval of the Deputy
Director, make any changes to this Contract.
2.2 Contractor. The Contractor Officer is authorized to execute any changes in the
terms, conditions, or amounts specified in this Contract.
2.3 Key Contract Personnel.
Mel Pins, Executive Officer, Iowa Department of Natural Resources,
515-725-8344
Chris Western, City Planner, City of Waterloo, 319-291-4366
ARTICLE III. TIME OF PERFORMANCE, TERM OF CONTRACT
3.1 Time of Performance. The Contractor shall commence work under this Contract
on the beginning date and complete contract tasks by the ending date, as set
forth in this Contract unless changed by mutual written agreement. Contract tasks
include all actions and/or submittals required of the Contractor in accordance with
this agreement. This contract shall not cover work, costs, or other expenses not
referenced within this contract.
3.2 Term of Contract. The Contract remains open for the Term of Contract as
stated on the title page of this Contract. The Contract and all obligations of the
Department contained herein may be terminated upon the occurrence of one of
the following: a) the Contract is terminated due to any default under Section 11 of
the General Conditions; or b) no claims for reimbursement are submitted prior to
the Term of Contract.
ARTICLE IV. SCOPE OF WORK
4.1 Project Description. The Contractor shall retain the services of a certified
asbestos supervisor and licensed asbestos workers for the proper containment,
removal, and disposal of asbestos containing materials (ACMs) within structures
at the project site. Upon completion of documentation of proper ACM disposal,
the DNR will reimburse the Contractor 50% of the ACM abatement project costs,
up to a maximum value of the contract as indicated herein.
4.2 Permitting and Quality Assurance. The Contractor shall ensure that the certified
asbestos supervisor and workers inspector conducts all ACM removal and
disposal activities in accordance with Federal and State Laws and regulations,
including but not limited to:
1. Title 29 Code of Federal Regulations Section 1910.1001, General Industry
Standard for Asbestos.
2. Title 29 Code of Federal Regulations Section 1926.1101, Construction
Industry Standard for Asbestos.
3. Title 29 Code of Federal Regulations Section 1910.134, General Industry
Standard for Respiratory Protection.
4. Title 29 Code of Federal Regulations Section 1910.2, Access to Employee
Exposure and Medical Records.
5. Title 29 Code of Federal Regulations Section 1910.1200, Hazard
Communication Rule.
6. Title 40 Code of Federal Regulations Part 61 Subpart A and Subpart M
(revised Subpart B), National Emissions Standard of Hazardous Air
Pollutants.
7. Iowa Administrative Code Section 530 Chapter 81 & 82, Asbestos Control
Procedures.
8. Title 49 Code of Federal Regulations Part 171-180, Department of
Transportation, Transportation of Hazardous Waste.
The most recent edition of any relevant regulations, standard, document or code
shall be in effect. Where conflict among the requirements or with these
Specifications exists, the most stringent requirements shall be utilized.
4.3 Milestones: The contractor shall accomplish the activities listed in the Project
Milestones by the assigned date. If changes are required, the contractor must
contact the Department in writing and receive approval of the amendment in
writing.
PROJECT MILESTONES
Completion Date Activity
November 30, 2020 No later than this date the asbestos removal and
disposal activities must be completed, per applicable
codes, and with appropriate notifications for such work
December 31, 2020 Submit copies of expenses/invoices related to the
ACM removal, including copies of all invoices and
landfill scale tickets pertaining to disposal of ACM at
an approved landfill.
4.4 Project Budget: The Department agrees to reimburse the Contractor for the
costs of the ACM removal and disposal activities incurred for the Project in the
amounts stated in the PROJECT BUDGET as outlined on this page, not to exceed
the Contract Amount indicated on the title page of this Contract.
PROJECT BUDGET
ITEM DNR AWARD GRANTEE COST TOTAL COST
SHARE
Asbestos Removal $6,290.00 Est. $5,000.00 Est. $11,290.00
& Disposal Fees
4.5 Budget Amendments: The Contractor shall request any budget deviations
between any existing budget line items. The Contractor shall provide the
Department a written request of the proposed budget deviation. The proposed
revised budget can not exceed the contract award amount as identified on the title
page of the contract and local match requirements must be maintained. This
written notice shall include:
a) a statement of the reason(s) the budget deviation is requested and the
impact on the intent of the project;
b) a revised budget indicating affected budget line items
The Department will respond in writing to the request. Expenses can not occur
relating to the revised budget until the Contractor receives an approval letter from
the Department.
4.6 Claim Submittal Procedure:
The Contractor shall submit:
a) a request letter stating that the expenses have been incurred, the
amount of the expenses, and that the Contractor is requesting
reimbursement payment per the terms of the contract.
b) Copy of the ACM waste manifests and disposal receipts that note the
amount or quantity in cubic yards, or weight, of ACM removed.
c) Copy of the invoice received for the ACM abatement by the
environmental consulting firm used by the Contractor
Claim submittals should be sent to:
Mel Pins
Iowa Department of Natural Resources
Wallace State Office Building
502 E. 9' Street
Des Moines, Iowa 50319-0034
Claims must be submitted within forty-five (45) days of the date of the oldest
attached invoice. Only one claim, based on the value of the contract and all work
completed therein, shall be submitted. No partial claims or partial draws shall be
submitted for reimbursement.
Claims shall be made only on items listed in the project budget outlined in section
4.5 of this contract.
4.7 Funding. The Department will process claims for payment within thirty (30)
working days provided:
a) all required documentation is attached;
b) all Contractor requirements (including local, state, and federal statutes,
ordinances, rules, and regulations), to date, are completed to the
satisfaction of the Department; and
c) The Contractor is accomplishing Project Milestones identified in Article
IV to the satisfaction of the Department. If any of these conditions is
not met, the Department will notify the Contractor of the deficiencies
and the Department may return the canceled claim voucher to the
Contractor. A new claim voucher may be submitted to the Department
for payment once Contract requirements are met.
ARTICLE V. REVIEW OF WORK
The Department or its advisors shall have the right to review and observe at any time,
completed work or work in progress on the Project.
5.1 Milestones: Milestone activities must be met by the assigned date. If the
assigned date needs to be amended, prior written Department approval must be
received. Failure to accomplished milestones by contracted or amended dates
may result in any or all of the following:
1. Claims based on such work not completed will not be paid by the
Department, or;
2. The Department terminates the Contract and declares the entire unpaid
grant balance to be non-claimable by the contractor.
5.2 Budget: Execution of this Contract is certification that existing in-kind local match,
as represented in the project budget is true, correct, and accurate. Falsely
represented in-kind local match may result in any or all of the following:
1. The Department terminates the Contract and declares the entire unpaid
of grant balance to be non-claimable by the contractor, and previous
claims paid by the department shall be refunded by the contractor.
5.3 Project Failure. In the event that the Project fails or ceases operations as
originally proposed during the Term of Contract and without prior Department
approval the Department may:
1. The grant portion of the award will revert to a zero interest loan.
2. The Department terminates the Contract and declares the entire paid or
awarded grant balance and costs of collection immediately due and
payable.
3. The Department may repossess all nonexpendable tangible personal
property used in the performance of this Contract.
5.4 Funding for this Project is subject to the continued financial support of the State of
Iowa. If the State discontinues funding, this Contract may be terminated or
amended by the Department.
5.5 Ninety (90) days after the end of the Time of Performance the Department shall
de-obligate any un-used award monies from the Project.
ARTICLE VI. INSURANCE
6.1 The Contractor shall submit to the Department a copy of the Contractor's
Certificate of Insurance and a written statement to attest that the Contractor holds
an adequate level of insurance to insure items funds. This documentation shall be
submitted before the time of purchase of grant and/or loan funded items unless
approved by the DNR Project Officer.
6.2 The Department or its advisors shall have access for the purpose of examination
of any insurance policy and associated records regarding insurance coverage of
any item purchased or constructed using funds under this Contract.
6.3 The Contractor shall maintain an adequate level of insurance for the period set
forth under Term of Contract.
GENERAL CONDITIONS
SECTION 1. ENTIRE AGREEMENT
This Contract with all attachments and references constitutes the entire Agreement
between the Department and the Contractor with respect to the subject matter hereof,
and the Contractor acknowledges that it is entering into the Contract solely on the basis
of the terms and conditions herein contained and not in reliance upon any representative
statement, inducement or promise, whether oral or written, not contained herein.
SECTION 2. AMENDMENT
The Department or the Contractor may initiate an amendment to this Contract. Any
amendment is effective only if in writing and agreed to by the Department and the
Contractor. The amendment shall be effective as of the date it is agreed upon, unless
otherwise specified in the amendment.
SECTION 3. AVAILABILITY OF DATA
All information and data obtained by the Contractor in connection with the Contract shall
be made available to the Department. Such information and data shall become the
property of the Department except that which is necessary for the patent or copyright
purposes of the Contractor.
SECTION 4. ASSUMPTION OF RISK AND LIABILITIES
The Contractor shall assume all risks and liabilities in connection with the performance of
the Contract and shall be responsible for all claims, demands, action or causes of action
of whatever nature or character arising out of or by reason of the execution or
performance of the work provided for herein, except to the extent caused by the State of
Iowa. The Contractor shall indemnify and hold harmless the Department, its employees,
agents or representatives, and the State of Iowa from all claims, demands, actions or
causes of actions, arising out of or by reason of the execution or performance of the
work provided for herein, and shall be responsible for all attorney fees, costs and
expenses incurred by the Department, its employees, agents or representatives and the
State of Iowa, except to the extent caused by the State of Iowa.
SECTION 5. TRANSFER OF WORK
The Contractor shall not transfer or assign any part or portion of the work on the
Contract without the prior written consent of the Department.
SECTION 6. REVIEW OF WORK
The Department shall have the right to review and observe, at any time, completed work
or work in progress on the Contract.
SECTION 7. COMPLIANCE REQUIREMENTS
The contractor shall comply with all local, state, and federal statutes, ordinances, and
rules or other requirements applicable to the establishment and operation of the
contractor's facility.
SECTION 8. ACCOUNTS AND RECORDS
8.1 The Contractor agrees to maintain books, documents, and other records
pertaining to all costs and expenses incurred and revenues acquired during this
Contract to the extent and in such detail as will properly reflect all costs, direct
and indirect, of labor, materials, equipment, supplies and services, and other
costs and expenses of whatever nature for which reimbursement is claimed. The
Contractor shall be prepared to support charges for salaries and wages by time,
attendance and payroll records.
8.2 The Department, State Auditor, or any of their duly appointed representatives,
shall have access for the purpose of audit and examination to any books,
documents, papers and records of the Contractor which are pertinent at all
reasonable times during the period of retention provided for in Sections 8.3, 8.4,
and 8.5 below and shall have the right to make copies of excerpts or make other
transcriptions thereof, subject to the provisions of 199 Iowa Administrative Code
Section 1.9 and Iowa Code Chapter 22.
8.3 All records in the possession of the Contractor pertaining to this Contract shall be
retained by the Contractor for the period of five (5) years beyond the ending date
set forth under Term of Contract.
8.4 Records relating to any litigation or claim arising out of the performance of this
Contract, or costs or expenses of this Contract to which exception has been taken
as a result of inspection or audit, shall be retained by the Contractor until such
litigation, claim, or exception has been finally settled or until five years from the
ending date of Term of Contract has expired, whichever occurs later.
8.5 The Contractor, in maintaining Contract expenditure accounts and records and
reports, shall make any necessary adjustments to reflect refunds, credits,
underpayments or overpayments, as well as any adjustments resulting from any
administrative reviews and audits by the United States or by the State of Iowa or
by the Contractor. Such adjustments shall be set forth in the financial reports filed
with the Department.
SECTION 9. UNALLOWABLE COSTS
The following costs are unallowable under this Contract:
a) Legal expenses for the prosecution of claims against the Department, the State of
Iowa, the Federal Government, or any subdivision thereof;
b) The difference in costs between first class air accommodations and less than first
class air accommodations, unless less than first class air accommodations are not
available;
c) Bad debts (any losses arising from uncollectible accounts and other claims and
related costs);
d) Contingencies (contributions to a contingency reserve or any similar provision for
unforeseen events);
e) Contributions or donations;
f) Entertainment (costs of amusements, social activities, and incidental costs relating
thereto, such as meals, beverages, lodgings, rentals, transportation, and gratuities);
g) Fines and penalties (costs relating from violations of, or failure to comply with federal,
state and local laws and regulations);
h) Other financial costs (interest on borrowings -- however represented, bond discounts,
costs of financing and refinancing operations, and legal and professional fees paid in
connection therewith);
i) Insurance premiums and other costs associated with insuring items purchased using
loan funds;
j) Office equipment such as furniture and computers, etc.
SECTION 10. TERMINATION OF CONTRACT
10.1 Termination for cause - The Department may terminate this Contract in whole or in
part, at any time before the expiration date, whenever the Department has
determined that the Contractor has materially failed to comply with the conditions
of the Contract. The Department shall promptly notify the Contractor in writing of
the determination and reasons for the termination, together with the effective date.
Payments made to the Contractor or recoveries by the Department under
Contracts terminated for cause shall be in accord with the legal rights and
liabilities of the parties.
10.2 Termination for convenience - The Department or Contractor may terminate the
Contract in whole or in part when both parties agree that the continuation of the
Contract would not produce beneficial results commensurate with the future
expenditure of funds. The two parties shall agree upon the termination conditions,
including the effective date and, in the case of partial termination, the portion to be
terminated. The Contractor shall not incur new obligations for the terminated
portion after the effective date and shall cancel as many outstanding obligations
as possible. The Contractor shall prepare and deliver to the Department copies
of a final report, within sixty (60) days, summarizing the work performed and the
results obtained to date, together with such information and items which, if the
Contract had been completed, would have been required to be furnished to the
Department.
SECTION 11. PERSONNEL
11.1 Selection - The Contractor represents that it has, or will secure, all personnel
required in performing the work and services under this Contract. Such personnel
shall not be employees of or have any contractual relationship with the
Department.
11.2 Qualification - All of the work and services required hereunder will be performed
by the contractor or under its supervision and all personnel engaged in the work
shall be fully qualified and shall be authorized under state and local law to perform
such services.
11.3 Change of Key Personnel - Any individual specified by name under the article Key
Personnel within the Special Conditions herein is considered essential to the work
and services to be performed. If for any reason substitution for a specified
individual becomes necessary, the contractor shall provide immediate written
notification of such to the Department. The Contractor shall provide the name and
resume of qualifications for the replacement individual. Any replacement shall be
subject to the approval of the Department.
SECTION 12. EFFECT OF INVALIDITY
If any of the provisions herein shall be in conflict with the laws of the State of Iowa, or
shall be declared to be invalid by any court of record in this state, such invalidity shall be
construed to affect only such portions as are declared invalid or in conflict with the law
and such remaining portions of the Contract shall remain in effect and shall be construed
as if such invalid or conflicting portions were not contained herein.
SECTION 13. LITIGATION
13.1 The Contractor agrees to pay the cost of any litigation arising from failure of the
contractor to comply with the conditions or terms of this Contract or resulting from
the negligence or incompetence of the Contractor. In carrying out the provisions
of the Contract or in exercising any power or authority otherwise, it is understood
that in such matters the Department acts for the State.
13.2 The venue for any cause of action based upon this Contract by either party to this
Contract, shall be in Polk County, Iowa, and the law of the State of Iowa shall
apply.
SECTION 14. ASSURANCE
14.1 The Contractor shall not discriminate against any employee or applicant for
employment because of race, creed, color, religion, national origin, sex, age,
political belief, or handicap, in its employment practices. Such employment
practices may include, but are not limited to, recruitment, recruitment advertising,
hiring, layoff or termination, promotion, demotion, transfer, rates of pay, training
and participation in upward mobility programs, or other forms of compensation
and use of facilities.
14.2 The Contractor will send to each labor union or representative or workers with
which it has a collective bargaining agreement or other contract or understanding
a notice advising the labor union or representative of the Contractor's
commitments under this nondiscrimination clause and shall post copies of the
notice in conspicuous places available to employees and applicants for
employment.
14.3 The Contractor will comply with all relevant provisions of the Iowa Civil Rights Act
and Iowa Code 19B.7, Iowa Executive Order #15 of 1973, and Title VI of the Civil
Rights Act of 1964 (PL 88-352). The Contractor shall furnish all information and
reports requested by the department and will permit access to its payroll and
employment records by the Department or the Department's grantor agency for
purposes of investigation to ascertain compliance with this nondiscrimination
clause consistent with Iowa Code Chapter 22. The contractor may be required to
make available upon request its Affirmative Action Program containing goals and
time deadline. Any breach of the above provisions shall be regarded as a material
breach of Contract and justification for termination for cause.
14.4 In the event of the Contractor's noncompliance with the nondiscrimination clauses
of this Contract, this Contract may be canceled, terminated or suspended in whole
or in part and the Contractor may be declared ineligible for further action, and
such sanctions may be imposed and remedies invoked, as provided by the Iowa
Civil Rights Act, Chapter 216, Code of Iowa, as heretofore and hereinafter
amended, or as otherwise provided by law.
SECTION 15. CONTINGENT FEES
The Contractor warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for the Contractor, to solicit or secure
this Contract, and that it has not paid or agreed to pay any company or person, other
than a bona fide employee working solely for the Contractor, any fee, gift, or any other
consideration, or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift, or contingent fee.
SECTION 16. OFFICERS NOT TO BENEFIT
No officer or employee of the State shall participate in any decision relating to this
Contract that affects his or her personal interest or the interest of any corporation,
partnership, or association in which he or she is directly or indirectly interested; or have
any interest, direct or indirect, in this Contract or the proceeds thereof.
CONTRACT SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have executed this Contract.
CITY OF WATERLOO IOWA DEPARTMENT OF NATURAL
RESOURCES
By. 0.mntin Hart By.
Name: Quentin Hart Name: Michael Sullivan
Title: Mayor-City of Waterloo Title: Supervisor
Solid Waste and
Contaminated Sites Section
Date: 9/21/2020 Date: 10/5/2020