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HomeMy WebLinkAboutREQUEST FOR PROPOSAL CITY OF WATERLOO , IOWA N70o �o Request for Proposal June 2011 ASBESTOS SURVEY AND ABATEMENT MONITORING SERVICES GROUP 2 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 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 Monday, July 11, 2011 at 4:00 p.m. (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 AND MONITORING SERVICES GROUP 2', and the name of the company submitting the proposal. 1.1 RFP Timeline Name of the Proposal: ASBESTOS SURVEY AND MONITORING SERVICES GROUP 2 Date of Issuance: Monday, June 27, 2011 Deadline for Questions: Tuesday, July 5, 2011 at 4:00 p.m., Central Time Deadline for Proposal Submittal: Monday, July 11, 2011 at 4:00 p.m., Central Time Submit Sealed Proposal to: SEALED RFP FOR ASBESTOS SURVEY AND MONITORING SERVICES GROUP 2 Address exactly as stated—* -* City Hall City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Method of Submittal: Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Contact Person, Title: Aric Schroeder, City Planner/Project Manager E-mail Address: aric.schroeder(c�waterloo-ia.orq Phone/ Fax Numbers: 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. 1.4 Proposals will be opened on Monday, July 11, 2011, at 5:30 pm (our clock) Central Time in City Hall, 715 Mulberry Street, Waterloo. The main purpose of this opening is to reveal the name(s) of the Proposer(s), not to serve as a forum for determining the awarded proposal(s). 1.5 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. RFP FOR ASBESTOS SURVEY AND ABATEMENT MONITORING SERVICES GROUP 2—2011 Page 2 of 11 1.6 This project is totally or partially funded by the Federal Emergency Management Administration (FEMA). FEMA site monitor(s) may be present to observe and monitor asbestos survey procedures at the worksite. SECTION II INSTRUCTIONS TO PROPOSERS 2.0 The Proposal shall include the attached Exhibit "D" signature page and Exhibit "E° bid tabulation pages, 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 The Proposer must provide a certificate of professional liability (errors and omissions) insurance coverage in a minimum amount of$250,000 per claim and $1,000,000 aggregate, and the successful Proposer shall adhere to all insurance coverage specified in Exhibit "F" attached hereto, and must maintain such coverage in force at all times during the term of the service agreement. 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, including references, and/or additional information as indicated, may result in disqualification by reason of"non responsiveness". SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for three (3) months, anticipated to be (August 1, 2011) to (October 31, 2011). 3.0.2 The City and the Contractor may renew the original Contract for six (6) month time periods by mutual agreement. Either party may give ten (10) days' notice before the end of the Contract term to renew the Contract for additional increments. RFP FOR ASBESTOS SURVEY AND ABATEMENT MONITORING SERVICES GROUP 2—2011 Page 3 of 11 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 that is substantially in the form attached hereto as Exhibit "A". 3.1.2 Government Mandated Contract 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 the 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). 3.1.2.1 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 Contractor 3.1.2.2 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. 3.1.2.3 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2.1 above, the City may take any one or more of the following steps, at its option: 3.1.2.3.1 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; 3.1.2.3.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.2.3.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; RFP FOR ASBESTOS SURVEY AND ABATEMENT MONITORING SERVICES GROUP 2—2011 Page 4 of 11 3.1.2.3.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or 3.1.2.3.5 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. 3.1.2.3.6 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. 3.1.2.4 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) 3.1.2.5 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) 3.1.2.6 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) 3.1.2.7 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) 3.1.2.8 City's Reporting Regulations and Requirements. Contractor shall exercise best efforts to maintain communication with City personnel whose involvement in the project is necessary for successful and timely completion of the work of the project, including by not limited to the closing of specific transactions. 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 the Contract. During the term of the 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 the Contract. Contractor agrees to RFP FOR ASBESTOS SURVEY AND ABATEMENT MONITORING SERVICES GROUP 2—2011 Page 5 of 11 furnish, upon termination of the 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 the Contract, without cost and without restrictions or limitation as to the use relative to specific projects covered under the Contract. In such event, the Contractor shall not be liable for the City's use of such documents on other projects. 3.1.2.9 Patent Rights and Copyrights. With respect to any discovery or invention which arises or is developed in the course of or under the Contract, the Contractor 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 the Contract, the Contractor is responsible for complying with requirements pertaining to copyright, as defined by the awarding agency. 3.1.2.10 Access to Documents. See Section 3.1.2.8 above. 3.1.2.11 Retention of Documents. See Section 3.1.2.8 above. 3.1.2.12 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) 3.1.2.13 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]. 3.2 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 to: City of Waterloo Planning and Zoning Department, attn: HMGP Structural Acquisition Project, 715 Mulberry Street, Waterloo, IA 50703. 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 AND ABATEMENT MONITORING SERVICES GROUP 2—2011 Page 6 of 11 SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking proposals for asbestos survey (testing) and abatement monitoring services (group 2) in connection with the acquisition of properties under the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project. The HMGP project involves the purchase and demolition of properties significantly affected by the flood event of June 2008. The Iowa Homeland Security and Emergency Management Division (HSEMD) and the Federal Emergency Management Agency (FEMA) have approved the City of Waterloo's acquisition project to acquire properties in the Sans Souci, Riverside and Sherwood Park area. These properties include a mix of residential structures, garages, and other ancillary structures. There are no commercial or industrial properties. The City of Waterloo's approved Hazard Mitigation Grant Program (HMGP) Property Acquisition Project Application is on file in the office of the Planning and Zoning Department, 715 Mulberry Street, Waterloo, Iowa, and may be inspected by any Proposer prior to submittal of a proposal. The application includes detailed information, including maps and pictures, of the properties included. A list of addresses, including adjoining lots, is included as Exhibit "B", and an overview map is included as Exhibit "C". If Proposer requires access to view any structures in connection with formulating a bid, please contact the City's Project Manager to arrange for access. 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 and to provide monitoring (inspection) 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 Locating and identifying asbestos containing materials (ACM) in each structure located at the address(es) listed in Exhibit "B". Contractor shall test all suspect materials, including sub-surface layers and hard-to-get-to areas. A visual, cursory process only is not acceptable. Testing shall involve exploratory demolition activities in multiple random areas in each structure to access potential hidden ACM, and may involve destructive investigations to identify and test suspect materials in sub-surface layers or hard-to-reach areas. 4.1.2 Taking an adequate number of samples to identify ACM. 4.1.3 Suspect materials will be sampled and analyzed in an accredited lab. 4.1.4 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. The report must be exceedingly clear on the location and extent of asbestos. If the Contractor fails to provide information adequate for the abatement contractor to know with certainty the location and amount/extent of the asbestos material to be removed, then the Contractor shall perform a walk through with the Abatement Monitor to clarify the needed abatement. 4.1.5 Provide written specifications for required asbestos abatement procedures. RFP FOR ASBESTOS SURVEY AND ABATEMENT MONITORING SERVICES GROUP 2—2011 Page 7 of 11 4.1.6 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. 4.1.7 Coordinate all asbestos abatement monitoring services with asbestos abatement contractors and relevant City staff. 4.1.8 Ensure all activities requiring asbestos abatement monitoring take place in conformity with all Federal Emergency Management Agency (FEMA) and State Historic Preservation Office (SHPO) requirements as related to asbestos abatement. 4.1.9 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. 4.1.10 Provide other services as requested by the City as may be necessary to implement the HMGP Structural Acquisition Project. 4.1.11 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 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. 4.3 The Contractor conducting asbestos surveys and monitoring of abatement shall not be eligible to perform asbestos abatement on those same properties. 4.4 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 on Exhibit "B". 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. The Contractor shall complete inspection work or re- inspection work within seven (7) days after being notified by the City with a Notice to Proceed for monitoring of abatement work on any given property or properties, and shall provide the required clearance reports or reports indicating failure to clear within ten (10) days. SECTION V METHOD OF EVALUATION 5.0 Contract Award -Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council. 5.0.1 Award of Contract shall 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 herein. The City may select a Proposer RFP FOR ASBESTOS SURVEY AND ABATEMENT MONITORING SERVICES GROUP 2—2011 Page 8 of 11 based on an "all or none" proposal, on individual responses, or as is otherwise deemed to be in the best interest of the City. 5.1 Proposal Evaluation Criteria - In general, the proposals will be evaluated based on, but not limited to, the general evaluation criteria stated below and the completeness, clarity and content of the proposal. The following is a partial list of the criteria that may be used in our determination of company responsibility and responsiveness: 5.1.1 Qualifications and Experience 5.1.1.1 Years of Experience of Key Personnel 5.1.1.2 Feedback from References 5.1.1.3 Knowledge and experience with asbestos survey and abatement monitoring activities involved with federal and state grants. 5.1.2 Cost Effectiveness 5.1.3 Company Responsiveness to RFP 5.1.3.1 Total scope of services offered 5.1.3.2 Responses to overall proposal and compliance with submission guidelines 5.1.3.3 Proposal presentation (completeness, organization, appearance, etc.) 5.2 Financial terms will not be the sole determining factor in the award. To determine the award the City will use a proposal evaluation method that will enable the City to award a Contract to the Proposer offering services and experience that represents the best overall value to the City. 5.3 Proposal Evaluation Procedures - Proposals will be evaluated by a Proposal Evaluation Selection Committee (hereinafter referred to as the Committee) using the "Proposal Evaluation Criteria" as listed above. 5.3.1 Committee members will evaluate each proposal based on their experience and judgment of how well the proposal addresses the City's requirements. Each prospective company is assured that any proposal submitted will be evaluated using the best available information and without any forgone conclusions. 5.3.2 Consideration will also be given to solicited written clarification provided during the evaluation process and input from staff or other persons judged to have useful expertise that should be considered in a responsible, fair assessment of the relative merits of each proposal. 5.3.3 The Committee may arrange interviews and/or conference calls with representatives of the companies whose proposals are deemed to be within the "competitive range." The purpose shall be the clarification of any aspect of the proposal that is deemed to have a material bearing on arriving at a fair determination of which proposal offers the best overall value. In addition, each Proposer deemed to be within the competitive range may be invited to submit a "best and final offer" if such seems appropriate under the clarifications issued to the provisions and specifications of this solicitation. 5.4 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. 5.5 Following the evaluation process, the award process is as follows: 5.5.1 The evaluation team shall determine which proposer has submitted the best proposal using the criteria set forth above, and make its recommendation to the City Council. 5.5.2 The City Council considers a resolution awarding the Contract and authorizing the Mayor to execute the Contract on behalf of the City. Note, no Contract shall be deemed to be created and exist unless and until the City Council adopts a resolution awarding the Contract and authorizes the Mayor to sign the Contract. RFP FOR ASBESTOS SURVEY AND ABATEMENT MONITORING SERVICES GROUP 2—2011 Page 9 of 11 5.5.3 The Mayor executes the Contract. SECTION VI FINANCIAL AND NON-FINANCIAL PROPOSAL 6.0 Financial Proposal: This portion of the Company's proposal shall include ONLY the proposed cost. 6.1 Pricing shall be submitted in the bid tabulation format required by the City (Exhibit "E") and shall be inclusive of all expenses of any type or nature. 6.2 Non-Financial Proposal: This portion of the proposal may be organized in a format determined by the Proposer, but should include all materials of the proposal relating to the service proposed, specifications, requirements, warranty, detailed service plan/timeline, experience, qualifications of key proposed personnel and other information of a non-financial nature. Provide a list of each proposed staff member with name, title, and description of work they would perform. 6.3 The Proposer shall list by name the principal or project manager in your company who will have direct and continued responsibility for the services provided to the City. This person will serve as the company's first point-of-contact on all matters dealing with services and the handling of day-to-day activities through the planning and implementation process. Interested companies should provide background and qualifications, highlighting experience with similar projects and demonstrating ways the company provides a high quality of customer service. 6.4 Proposer shall not make use of any subcontractors for the project unless such subcontractor has been approved in advance by the City, in the exercise of the City's sole discretion. Proposer shall submit such information about any proposed subcontractor as the City may reasonably request. 6.5 Interested companies should provide an outline for project management and task implementation. Please note that timely completion of this project is critical. SECTION VII GENERAL TERMS AND CONDITIONS 1. LANGUAGE,WORDS USED INTERCHANGEABLY- The word CITY refers to the CITY OF WATERLOO, Reque the proposed supply/service as described in this IOWA throughout these Instructions and Terms and Request for Proposal. Conditions. Similarly, PROPOSER refers to the person 3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ or company submitting an offer to sell its goods or OFFEROR-Any deviation from this specification MUST services to the,CITY, and CONTRACTOR refers to the be noted in detail, and submitted in writing in the successful bidder. Proposal. Completed specifications should be attached 2. PROPOSER QUALIFICATIONS - No Proposal shall be for any substitutions offered, or when amplifications are p desirable or necessary. The absence of the specification accepted from, and no Contract will be awarded to, any deviation statement and accompanying specifications person, firm or corporation that is in arrears to the City will hold the Proposer strictly accountable to the upon debt or Contract, that is a defaulter, as surety or specifications as written herein. Failure to submit this otherwise, upon any obligation to the City, or that is document of specification deviation, if applicable, shall deemed irresponsible or unreliable by the City. If be grounds for rejection of the item when offered for requested, Proposers shall be required to submit satisfactory evidence that theyhave a delivery. If specifications or descriptive papers are knowledge of the particular supply/service ro osal and submitted with Proposals,ac the Proposer s name should resources P be clearly shown on each document. that they have the necessary financial r to RFP FOR ASBESTOS SURVEY AND ABATEMENT MONITORING SERVICES GROUP 2—2011 Page 10 of 11 4. COLLUSIVE PROPOSAL - The Proposer certifies that and shall be acknowledged and dated on the signature the proposal submitted by said Proposer is done so page. without any previous understanding, agreement or connection with any person, firm, or corporation making 12. LAWS AND REGULATIONS - All applicable State of a proposal for the same Contract, without prior Iowa and federal laws, ordinances, licenses and knowledge of competitive prices, and it is, in all regulations of a governmental body having jurisdiction respects, fair, without outside control, collusion, fraud or shall apply to the award throughout as the case may be, otherwise illegal action. and are incorporated here by reference. 5. SPECIFICATION CHANGES, ADDITIONS AND 13. SUBCONTRACTING - No portion of this Proposal may DELETIONS -All changes in Proposal documents shall be subcontracted without the prior written approval by be through written addendum. Verbal information the City. obtained otherwise will NOT be considered in awarding of Proposals. 14. ELECTRONIC SUBMITTAL - Telegraphic and/or proposal offers sent by electronic devices (e.g. facsimile 6. PROPOSAL CHANGES - Proposals, amendments machines) are not acceptable and will be rejected upon thereto, or withdrawal requests received after the time receipt. Proposing firms will be expected to allow advertised for Proposal opening, will be void regardless adequate time for delivery of their proposal either by of when they were mailed. airfreight, postal service, or other means. 7. HOLD HARMLESS AGREEMENT - The Contractor 15. CANCELLATION-Either party may cancel the award in agrees to protect, defend, indemnify and hold harmless the event that a petition, either voluntary or involuntary, the City of Waterloo, its officers and employees, the US is filed to declare the other party bankrupt or insolvent or Government, FEMA, State of Iowa, their agencies and in the event that such party makes an assignment for agents, from any and all claims and damages of every the benefit of creditors. kind and nature made, rendered or incurred by or in 16. ASSIGNMENT- Proposer shall not assign this order or behalf of every person or corporation whatsoever, including the parties hereto and their employees that any monies to become due hereunder without the prior may arise, occur, or grow out of any acts, actions, work written consent of the City. Any assignment or attempt or other activity done by the Contractor, its employees, at assignment made without such consent of the City subcontractors or any independent contractors working shall be void. under the direction of either the Contractor or 17. EQUAL OPPORTUNITY - The successful firm agrees subcontractor in the performance of this Contract. not to refuse to hire, discharge, promote, demote, or to 8. PROPOSAL REJECTION OR PARTIAL otherwise discriminate in matters of compensation ACCEPTANCE - The City reserves the right to reject against any person otherwise qualified solely because any or all Proposals. The City further reserves the right of age, race, color, religion, sex, sexual orientation, to waive technicalities and formalities in Proposals, as gender identity, marital status, national origin, well as to accept in whole or in part such Proposals citizenship status, disability, or veteran status. where it is deemed advisable in protection of the best interests of the City. 18. TAXES -The City of Waterloo is exempt from sales tax and certain other use taxes.Any charges for taxes from 9. PROPOSAL CURRENCY/LANGUAGE - All proposal which the City is exempt will be deducted from invoices prices shall be shown in US Dollars ($). All prices must before payment is made. remain firm for the duration of the Contract regardless of the exchange rate. All proposal responses must be 19. PROPOSAL INFORMATION IS PUBLIC — All submitted in English. documents submitted with any proposal and the proposal shall become public documents and subject to 10. PAYMENTS - Payments will be made for all Iowa Code Chapter 22,which is otherwise known as the goods/services delivered, inspected and accepted within "Iowa Open Records Law". By submitting any document 45 days and on receipt of an original invoice. to the City of Waterloo in connection with a proposal, te submit party recognized this an waives any 11. MODIFICATION, ADDENDA & INTERPRETATIONS - claim gainstgthe City of Waterloo and anyoits officers Any apparent inconsistencies, or any matter requiring and employees relating to the release of any document explanation or interpretation, must be inquired into by or information submitted. the Proposer in writing at least 72 hours (excluding weekends and holidays) prior to the time set for the Each submitting party shall hold the City of Waterloo Proposal opening. Any and all such interpretations or and its officers and employees harmless from any modifications will be in the form of written addenda. All claims arising from the release of any document or addenda shall become part of the Contract documents information made available to the City of Waterloo arising from any proposal opportunity. RFP FOR ASBESTOS SURVEY AND ABATEMENT MONITORING SERVICES GROUP 2—2011 Page 11 of 11 EXHIBIT"A" CONTRACT FOR ASBESTOS SURVEY AND ABATEMENT MONITORING SERVICES GROUP 2 This Contract for Asbestos Survey and Abatement Monitoring Services Group 2 (the "Agreement") is entered into as of , 2011, by and between the City of Waterloo, Iowa("City") and ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For a period of three (3)months after the date of this Agreement, 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. 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 Agreement 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 surveying and monitoring of abatement, for all permits, licenses, inspections, sampling, lab analysis, 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 these 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 and all exhibits thereto b. Addenda c. Response (Proposal) from the Contractor In the event of conflict between the provisions of the Contract Documents and this Agreement, the provisions of this Agreement shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Agreement, including any renewal extensions of the Agreement, shall not exceed $ as provided in the Bid Tabulation that is part of the 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 on any surveying or monitoring until after the Agreement 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 asbestos surveys shall be completed and delivered within thirty (30) days after issuance of the Notice to Proceed. A separate Notice to Proceed will be issued for surveying work and for monitoring of abatement work. The Contractor shall complete inspection work or re-inspection work within seven(7) days after being notified by the City with a Notice to Proceed for monitoring of abatement work on any given property or properties, and shall provide the required clearance reports or reports indicating failure to clear within ten(10) days. 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 Agreement. 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 Agreement. 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 Agreement. During the term of this Agreement 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 Agreement. Contractor agrees to furnish, upon termination of this Agreement 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 Agreement, without cost and without restrictions or limitation as to the use relative to specific projects covered under this Agreement. 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 Agreement to comply with federal law. City makes no representation about whether any particular requirement is applicable to this Agreement. Parenthetical comments in the following paragraphs are taken from 44 CFR § 13.36(i). 2 A. Remedies. See Section 7 below. B. Termination for Cause and for Convenience. See Sections 7 and 8 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 Agreement, 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 Agreement,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, 3 89 Stat. 871). [53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995j. 7. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Agreement, 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 Agreement. 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 Agreement, 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 Agreement,make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Agreement; d. terminate this Agreement by delivery to Contractor a 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 Agreement may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to 4 terminate this Agreement at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 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. Severability. In the event any provision of this Agreement, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Agreement 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 Agreement 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. 13. General Terms. This Agreement, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Agreement may not be modified or amended except pursuant to the mutual written agreement of the parties. This Agreement 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 Agreement for Asbestos Survey and Abatement Monitoring Services Group 2 as of the date first set forth above. CITY OF WATERLOO, IOWA By: Ernest G. Clark, Mayor [Contractor] Attest: Suzy Schares, City Clerk 5 Exhibit "B" Property Data Sheet # 'PIN Property Address Year Built Main Base SF Stories Basement Other Buildings/Notes 1 891315376003 180 SANS SOUCI DR 1914 1010 2 Full 2 891315377002 LOT 22-31 SANS 1990-2007 13168 1 None Six garage buildings and one picnic SOUCI-GARAGES (combined total) shelter for a total of 13,168 square feet 3 891316451021, 114 BLACKWOOD AV 1941 864 1 Full (above 20x40 steel utility building 891316451026, ground) 891316451027, 891316451028, 891316451029, 891316451014, - 891316451015, 891316451016 4 891316327007, 159 GREENWOOD 1941 580 891316327008 AV 1 Full(above 24x24 garage that was pushed off ground) foundation by flood and now sits adjacent to 151 Greenwood 5 891316326014 160 GREENWOOD 1920, 1920 2778(combined 1 Full (above Three dwellings on one property AV(160A, 160B& & 1930 total) ground) 6 891316401006, 128 GREENWOOD 1920 1360 1 Full(above 891316401008, AV ground) 891316401009 7 891316326029 162 GREENWOOD 1934 504 1 Full(above AV ground) 8 - 891316326025, 148 GREENWOOD 1928 632 891316326021, AV 1 Full(above 20x21+8x9 foundation (block walls)for 891316327009 ground) second dwelling located behind the Some 9 891316301006 108 CASTLEWOOD 1947 1128 LN 1 None Small shed located northeast of 10 891316327011 151 GREENWOOD 1920 532 dwelling AV 1 Full(above ground) Information about property characteristics is provided as a convenience to bidders. It is believed, but not guaranteed, to be accurate, and bidders assume all risk of relying on such information. The City has not undertaken a thorough inspection to verify all data presented. Each bidder is advised to examine the properties itself to verify all information relevant to its bid and to project completion.