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FEMA Buy-Out Demolition Contract TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Demolition Contract Award for FEMA Buy -Out Program DATE: October 30, 2012 Planning Services Manager Laura Carstens recommends City Council approval of the award of the Regulated Asbestos Containing Material demolition contract to Environmental Management Services of Iowa, Inc. in the amount of $29,800. This will allow the demolition of the flood- damaged property at 1654 Manson Road through the FEMA 403 Buy -Out Program, subject to the company meeting the bid specification and contract requirements. Environmental Management Services of Iowa, Inc. was the low bidder. The bid submittal did not clearly show that this company can meet the City of Dubuque's insurance requirements. As part of the bid specification and contract requirements, the awarded contractor has 10 days to provide a signed contract, performance and payment bonds, and an insurance certificate meeting the City's requirements of listing Demolition Contract Award for FEMA Buy -Out Program the City of Dubuque, its officers, employees and agents (ECIA) as additional insured. It should also be noted that Environmental Management Services of Iowa has had at least one OSHA violation within the last year. It appears from the documentation provided by Environmental Management Services of Iowa that actions have been taken to prevent such matters from reoccurring. ECIA and City staff recommend that the City award the demolition contract to Environmental Management Services of Iowa, Inc. The insurance document irregularity of the subcontractor can be waived by the City. The bid specifications clearly state, "The City of Dubuque reserves the right to reject any and all bids, to waive, what is in its sole opinion, minor irregularities of any type or nature that are not material." City Attorney Barry Lindahl and Finance Director Ken TeKippe have okayed the award under these circumstances, subject to the company meeting the bid specification and contract requirements described above - including provision of a signed contract prior to the signature of the City Manager. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Laura Carstens, Planning Services Manager 2 Masterpiece on the Mississippi TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager SUBJECT: Demolition Contract Award for FEMA Buy -Out Program DATE: October 26, 2012 Dubuque kidni NI- ammlcaCiry 11 2012 INTRODUCTION This memorandum transmits the bids received for demolition of the flood- damaged property at 1654 Manson Road, for City Council award of the demolition contract under the Federal Emergency Management Agency (FEMA) 403 Buy -Out Program. The FEMA 403 Program provides funds for the City to demolish flood damaged structures prior to taking ownership. Enclosed are the contract and supporting documentation. BACKGROUND Previous correspondence regarding the 403 Program included two other properties at 1580 Old Mill Road and 1658 Manson Road. The owners of these properties voluntarily left the FEMA Buy -Out Program. Private citizens purchased the properties for demolition. DISCUSSION Planning staff continues to work with ECIA to facilitate the buy -out of the two remaining flood- damaged properties in the Manson Road /Old Mill Road area. One of these, the property at 1654 Manson Road, sustained damage to the degree that it needs to be condemned and demolished prior to the City obtaining ownership of the parcel through the FEMA Buy -Out Program. This structure is considered a Regulated Asbestos Containing Material (RACM) structure. RACM requires the entire structure to be demolished and disposed of. The following bids for RACM demolition were received: 1. Environmental Management Services of Iowa, Inc., Dubuque. IA — not to exceed bid of $29,800.00. 2. Active Thermal Concepts, Hiawatha, IA — not to exceed bid of $37,740.00. Environmental Management Services of Iowa, Inc. was the low bidder. The bid submittal did not clearly show that this company can meet the City of Dubuque's insurance requirements. As part of the bid specification and contract requirements, the awarded contractor has 10 days to provide a signed contract, performance and payment bonds, and an insurance certificate meeting the City's requirements of listing Demolition Contract Award for FEMA Buy -Out Program Page 2 the City of Dubuque, its officers, employees and agents (ECIA) as additional insured. It should also be noted that Environmental Management Services of Iowa has had at least one OSHA violation within the last year. It appears from the documentation provided by Environmental Management Services of Iowa that actions have been taken to prevent such matters from reoccurring. RECOMMENDATION ECIA and City staff recommend that the City award the demolition contract to Environmental Management Services of Iowa, Inc. The insurance document irregularity of the subcontractor can be waived by the City. The bid specifications clearly state, "The City of Dubuque reserves the right to reject any and all bids, to waive, what is in its sole opinion, minor irregularities of any type or nature that are not material." City Attorney Barry Lindahl and Finance Director Ken Tekippe have okayed the award under these circumstances, subject to the company meeting the bid specification and contract requirements described above — including provision of a signed contract prior to the signature of the City Manager. REQUESTED ACTION The requested action is for the City Council to award the RACM demolition contract to Environmental Management Services of Iowa, Inc. to allow for the demolition of the flood- damaged property at 1654 Manson Road through the FEMA 403 Buy -Out Program subject to the company meeting the bid specification and contract requirements described above — including provision of a signed contract prior to the signature of the City Manager. Prepared by Kyle L. Kritz, Associate Planner Enclosures cc: Rich Russell, Building Services Manager Gus Psihoyos, City Engineer Ken Tekippe, Finance Director Barry Lindahl, City Attorney Maureen Quann, Assistant City Attorney Kyle Kritz, Associate Planner F: IUSERSO4rettenb \WP1COUNCILIMEMO \flood damaged properties contract award mvm memo 10_26_12.doc CITY OF DUBUQUE §403 DEMOLITION AGREEMENT DR- 4018 -IA THIS AGREEMENT, made and entered this _5th_ day of November , 2012, by and between the City of Dubuque, 50 West 13th Street, Dubuque, IA 52001, hereinafter referred to as "City ", and Environmental Management Services of Iowa, Inc., 5170 Wolff Road, Dubuque, Iowa 52002, hereinafter referred to as "Contractor ". WHEREAS, the City Council of Dubuque, Iowa, to protect the public health and safety, has heretofore deemed it necessary and desirable to proceed with the demolition of certain flood- damaged properties within the City (the "Project"); and WHEREAS, City solicited proposals for the RACM demolition of flood- damaged properties in strict compliance with Iowa law and its approved procurement policy; and WHEREAS, after careful review, City has chosen to employ the services of Contractor; and WHEREAS, Contractor is capable of implementing said Project; and WHEREAS, it is now necessary and appropriate to memorialize the Agreement between City and Contractor. NOW, THEREFORE, CITY AND CONTRACTOR, FOR CONSIDERATION HEREINAFTER SET FORTH, DO MUTUALLY AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW. I. SCOPE OF SERVICES. Contractor shall perform in a timely and satisfactory demolition and debris removal services, in strict compliance with the scope of work and specifications that are listed within Request for Bid, all which is attached hereto as Exhibit A. II. TIME OF COMPLETION. Contractor will be required to execute the Agreement and obtain the performance bond, payment bond, and certificate of insurance within ten (10) calendar days of the date when Notice of Award is delivered to Contractor. The Notice of Award shall be accompanied by the necessary Agreement and Bond forms. In case of failure of Contractor to execute the Agreement, City may at their option consider Contractor in default, in which case the Bid Bond accompanying the proposal shall become the property of City. Because of the immediate threat to the public health and safety, Contractor shall complete Project in an expeditious manner, but in no event later than fifteen (15) consecutive calendar days after the notice to proceed has been given to Contractor. 1 Contractor does hereby expressly acknowledge and agree that time is of the essence of this Agreement, and, thus, failure by Contractor to timely render and perform services hereunder shall constitute a material breach of the Agreement. No weekend work is allowed without prior approval from the project manager. Contractor must provide seventy -two (72) hours notice before the start of Project and the start date must fall within the five (5) days after the Notice to Proceed has been issued. The seventy -two (72) hour notice must include start date, start time, and project site location. Failure to start on the start date or at the start time given will result in a one hundred dollar ($100.00) per hour fine capped at one thousand dollars ($1,000.00) per day. The fine will be subtracted from the total project cost. III. GENERAL TERMS AND PROVISIONS. A. Contractor shall not commit any of the following employment practices in connection with or while rendering services hereunder and does hereby expressly agree to prohibit the following practices from being committed by any subcontractors engaged by Contractor in connection with the Project. Upon request, Contractor shall provide City with a copy of the relevant provisions of any agreement entered into by Contractor and a subcontractor in connection with the Project to confirm to the satisfaction of City that the requirements under this Subparagraph III(B) have been met. 1. To discharge or refuse to hire any individual because of their race, color, religion, sex, national origin, disability, age, marital status, sexual orientation, or gender identity. 2. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, sex, national origin, disability, age, marital status, sexual orientation, or gender identity. B. City may terminate this Agreement, with or without cause, upon five (5) days (5) written notice thereof. In the event that City does so terminate this Agreement, Contractor shall be paid for all work and services performed up to the time of said termination upon submission to City of a final billing statement and review and approval thereof by the City of Dubuque City Council at the next regularly scheduled City Council meeting; provided, however, that any such sum shall not be greater than the total amount to be paid for services rendered hereunder as set forth in Article IV below; and further provided that, in the event City terminates this Agreement with cause, City may, in its sole discretion, elect to withhold payment of an amount sufficient to engage a third party to properly complete the Project in accordance with the terms of this Agreement. C. This Agreement shall not be assigned or in any manner transferred by Contractor, without the express written consent of the City of Dubuque City Council. 2 D. It is hereby expressly acknowledged and agreed by both parties hereto that the engagement of Contractor by City in connection with the Project shall be as an independent contractor and shall be exclusive; provided, however, that the Contractor may retain the services of subcontractors for the purpose of performing its obligations and responsibilities under this Agreement so long as Contractor has first obtained the written approval of same from City; and further provided that, should Contractor so engage subcontractors under the terms of this Subparagraph III(D), Contractor shall be solely responsible for compensating any such subcontractors. E. City shall make all demolition criteria, design, and construction standards, and information regarding City's requirements for the Project available to Contractor upon reasonable request by Contractor therefore. City shall furnish reasonable assistance to Contractor in the use of said information and documentation at the request of Contractor. F. It is further agreed that neither party to this Agreement shall perform contrary to any federal or state law, rule or regulation, or the City of Dubuque Code of Ordinances. Without negating the generality of the foregoing, this expressly includes all federal, state, and local laws pertaining to demolition and removal of hazardous materials, if any. Contractor acknowledges that any penalties levied in connection with the Project shall be the sole responsibility of Contractor. G. Contractor shall provide and maintain insurance throughout said Project in the following minimum amounts set forth City's Insurance Schedule H attached as Exhibit B. 1. Additional Insured. City of Dubuque, FEMA, State of Iowa Department of Homeland Security and Emergency Management, ECIA, its officers, employees, and agents, shall be named as additional insured on Contractor's, subcontractor's, and independent contractor's liability insurance policies and certificates of insurance. This provision does not apply to workers' compensation insurance. 2. Policy Expiration. Contractor shall provide City with a renewal certificate of insurance twenty (20) days prior to the policy expiration dates. City has the right at any time to require public liability insurance and/or property damage liability insurance greater than that specified in the above paragraphs. If required, the additional premiums shall be added to the bid price. Contractor shall furnish Certificates of Insurance to City made in favor of City prior to commencing work showing compliance with the foregoing requirements. Insurance shall provide notice of cancellation or revocation. H. Contractor and all employees that are directly involved with the demolition, loading, and handling of the debris will be asbestos licensed and certified 3 according to all DNR /NESHAP regulations pertaining to asbestos abatement and removal. IV. COMPENSATION FOR SERVICES. City shall compensate Contractor for each structure at such time as the Monitor certifies to the Project Manager that said structure has been demolished in strict compliance with the provisions listed on Exhibit A. Contractor expressly acknowledges and confirms that this Agreement is a Completion Date Contract, and that Contractor does hereby acknowledge and confirm Contractor's understanding that time is of the essence and that the timely completion of demolition in its entirety constitute material terms of this Agreement without which City would not have engaged Contractor. Accordingly, Contractor acknowledges that: A. No payment shall be made to Contractor hereunder if the Project is not completed in a timely manner. B. Under no circumstances shall City compensate Contractor for work that has not yet been completed. Accordingly, Contractor shall not be entitled to compensation hereunder for any portion of the Project until that portion is completed as determined by the Monitor. C. In any event, no payment hereunder shall become due and payable until submission to City by Contractor of a billing statement therefore and review and approval of the billing statement by the City of Dubuque City Council at its next regularly scheduled meeting. D. This contract shall not exceed $29 800.00, unless by written Amendment. V. WARRANTY, INDEMNIFICATION, AND GUARANTEE. Contractor agrees to fully indemnify, defend, save, and hold City, United States of America, FEMA, State of Iowa, ECIA, their officers, representatives, agents, contractors, subcontractors, and employees, harmless from any and all liability (including reimbursement of reasonable legal fees and costs) arising directly or indirectly from the acts, errors, or omissions of Contractor, its officers, representatives, agents, contractors, subcontractors, or employees in connection with the Project. VI. HAZARDOUS MATERIALS. Contractor hereby warrants and represents that Contractor has not created nor contributed to the creation or existence, nor will it create or contribute to the creation or existence of any type of hazardous or toxic wastes, materials, chemical compounds, or substances, or any other type of environmental hazard or pollution, whether latent or patent, at the premises of the Project, or in connection with or related to the Project. Without limiting the generality of Article V(A) above, Contractor does hereby fully indemnify, defend, save, and hold harmless City, its officers, employees, and agents, including ECIA, from and against any and all debts, claims, causes of action, 4 administrative orders and notices, costs (including but not limited to, response and /or remedial costs), personal injuries, losses, damages, liabilities, demands, interest, fines, penalties and expenses, including reasonable legal fees and expenses, consultants' fees and expenses, court costs and all other out -of- pocket expenses, suffered or incurred by City, its officers, representatives, agents, contractors, subcontractors, employees, and grantees as a result of any breach of Provision VI(A). VII. INTERPRETATION. Both parties hereto acknowledge and agree that to the extent, if at all, the explicit terms and conditions of this Agreement are in conflict with the generally accepted standards of Construction referenced in Article III(E) above, said explicit terms and conditions of this Agreement shall control in the event of a dispute between the parties hereto. VIII. SURVIVAL. All express representations or indemnifications made in or given in this Agreement shall survive the completion of the demolition services to by rendered by Contractor hereunder or the termination of this Agreement for any reason. IX. CONTROLLING LAW. This Agreement is to be governed by the laws of the State of Iowa. The parties hereto agree that any action, suit, or proceeding based upon any matter, claim, or controversy arising under this Agreement shall be brought solely in the state courts located in the City of Dubuque, Iowa or the federal courts located in Dubuque County, Iowa. The parties hereto hereby irrevocably waive objection to the venue of the above - mentioned courts, including any claim that such action, suit, or proceeding has been brought in an inconvenient forum. Both parties hereto expressly acknowledge and agree that nothing contained in this Agreement shall be construed to require the parties to submit to mandatory arbitration or mediation in the event of a breach or dispute hereunder. X. HEADINGS. The headings of sections of this Agreement are for convenient reference only and shall not be deemed to limit, construe, affect, modify, or alter the meaning of such sections. XI. SEVERABILITY. If any section, subsection, term, or provision of this Agreement (inclusive of Exhibits) or the application thereof is in conflict with any other section, subsection, term, or provision of this Agreement (inclusive of Exhibits) or the application thereof, the section, subsection, term, or provision placing the more stringent duty, obligation, responsibility, or requirement on Contractor shall control. If any section, subsection, term, or provision of this Agreement or the application thereof to Contractor, City, or a particular circumstance shall, to any extent, be invalid or unenforceable, the remainder of said section, subsection, term, or provision of this Agreement or the application of same to Contractor, City, or particular circumstances other than that for which it was held invalid or 5 unenforceable, shall not be affected thereby and each remaining section, subsection, term, or provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. XII. AUTHORITY. The persons signing this Agreement warrant and represent that they have the authority to sign as, or on behalf of, the party for whom they are signing. XIII. EXECUTION This Agreement may be executed by the parties hereto in counterparts. Accordingly, each partially- executed original signature page shall hereby be deemed fully integrated and incorporated into this document. XIV. FINAL AGREEMENT Both Contractor and City hereby expressly acknowledge and agree that this Agreement is intended to set forth the entire agreement between the parties regarding the demolition services to be rendered by Contractor to City in connection with the Project, that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement, and that no other monies or considerations have been solicited. No waiver, change, modification, or amendment of this Agreement shall be binding upon either party hereto unless in writing and signed by both Contractor and City. The waiver by either party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of that provision or of any other provision or condition in this Agreement. Because this project activity is funded in whole or in part by the Federal Government, or an Agency thereof, Federal Law requires that the Applicant's contracts relating to the project include certain provisions. Depending upon the type of work or services provided and the dollar value of the resultant contract, some of the provisions set forth in this Section may not apply to Contractor or to the work or services to be provided hereunder; however, the provisions are nonetheless set forth to cause this Contract to comply with Federal Law. Parenthetical comments in the following paragraphs are taken from 44 CFR §13.36(h) and (1). A. Remedies. 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 five (5) days after notice of default has been given by Applicant to Contractor, then Applicant may take any one or more of the following steps, at its option: (1) By mandamus or other suit, action, or proceeding at law or in equity, 6 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 Applicant hereunder, or obtain damages caused to the Applicant by any such default; (2) Have access to and inspect, examine, and make copies of all books and records of Contractor which pertain to the project; (3) Make no further disbursements, and demand immediate repayment from Proposer of any funds previously disbursed under this Agreement; (4) Terminate this Agreement by delivering to Contractor a written notice of termination; and /or (5) 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 Applicant 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 Applicant prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by Applicant. B. Termination for Cause. Applicant may terminate this contract as set out in the foregoing Section A(d). C. Termination for Convenience. Applicant may terminate this Agreement at its convenience at any time and is effective upon issuance. Delivery may be made by mail, phone, fax, or email. D. 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). E. 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). F. 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). 7 G. 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). 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, 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 this Agreement, the Contractor is responsible for complying with requirements pertaining to copyright, as defined by the awarding agency. I. Access to Documents. Contractor shall exercise best efforts to maintain communication with Applicant's personnel, whose involvement in the project is necessary or advisable for successful and timely completion of the work of the project, including but 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. 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 Applicant, 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 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 Applicant, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by 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, Contractor shall not be liable for the Applicant's use of such documents on other projects. J. Retention of Documents. 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. 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). 8 L. Energy Efficiency Standards. Contractor shall comply with mandatory standards and policies relating to energy efficiency that are contained in the State Energy Conservation Plan issued pursuant to the Energy Policy and Conservation Act (Pub. L. 94 -163, 89 Stat. 871). [53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 CFR 19639, 19645, Apr. 19, 1995] M. Bonding requirements. The minimum bonding requirements are as follows: (1) A bid guarantee from each bidder equivalent to five percent (5 %) of the bid price. The "bid guarantee" shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. Prior to or at Contract execution, Contractor shall provide to City: (1) A performance bond on the part of the contractor for one hundred percent (100 %) of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. (2) A payment bond on the part of the contractor for one hundred percent (100 %) percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement on the respective dates indicated below. CITY OF DUBUQUE, IOWA CONTRACTOR By: Michael C. Van Milligen City Manager 9 By: Its: EXHIBIT A REQUEST FOR BID THE CITY OF DUBUQUE, IOWA DRr4018 -JA §403 RACM Demolition Sealed Bid Notice to Bidders You are Invited to submit a sealed bid for the demolition, removal, and disposal of a flood damaged structure as requested by the City of Dubuque, Note: a sub - grantee of the State of Iowa, herein referred to as "City of Dubuque ". Please note that this project requires a Contractor who is currently registered with the State of Iowa and is State - Permitted for Asbestos Removal. All workers on this project must be properly trained and State of Iowa - licensed asbestos workers. Workers must at all times carry their license with them while on the job site. By submitting a bid on this Project. the bidder represents that: the bidder is a contractor currently registered with the State of Iowa; is fully qualified and knowledgeable to perform RACM demolitions; holds the required Iowa asbestos permit and has examined the properties in question. Sealed bids must be received at ECIA Offices, by Wednesday October 24, 2012 at noon in order to be considered. If you wish to bid, please submit your sealed submittal in a mailing container or envelope which Is plainly marked on the outside with the notation "SEALED BID ENCLOSED — FLOOD RELATED STRUCTURE DEMOLITION ". ECIA Offices are located at 7600 Commerce Park, Dubuque, Iowa 52002. INSTRUCTION TO BIDDERS Name of the Bid Deadline for Questions Deadline for Bid Submittal Bid Opening Bids Shall Be Submitted To Method of Submittal Contact Person, Title E -mail Address Phone /Fax Flood Related Structure RACM Demolition Wednesday October 17, 2012 at 4:00p.m., CDT Wednesday October 24, 2012 at noon, CDT Wednesday October 27, 2012 at 1:15 p.m., CDT SEALED BID — FLOOD RELATED STRUCTURE §403 RACM DEMOLITION ECIA 7600 Commerce Park Dubuque, Iowa 52002 Express Mail Delivery or In Person, Faxes will not be accepted Nicole Turpin, Regional Planning Coordinator nturpin @ecla.org 563- 690 -5774 phone 563 - 556 -0348 fax The main purpose of this opening is to reveal the name(s) of the Bidders, not to serve as a forum for determining the awarded bid. Bids will be evaluated promptly after opening. After an award is made, a bid summary will be sent to all companies who submitted a bid. Bid results will not be given over the telephone. Bids may be withdrawn any time prior to the scheduled closing time for receipt of bids; no bid may be modified or withdrawn for a period of sixty (60) calendar days thereafter. By making a bid on this Project, the bidder represents that the bidder has examined the properties in question. The City of Dubuque is not responsible for delays occasioned by the U.S. Postal Service or any other means of delivery employed by the bidder. The City of Dubuque will not open any bid responses received later than the date and time stated above. Late bids will be returned unopened. Any questions about the meaning, intent, or the specifications must be Inquired to ECIA by the Bidder in writing no later than Wednesday October 17, 2012 at 4 :00 p.m. Fax, Email or deliver your written questions to the contact listed above. Questions will be responded to in the form of written addenda and posted with this Request for Bid on ECIA's website at www.ecia.com. All addenda that you receive will become part of the contract documents and are required to be acknowledged on the Signature Page. The sealed bids will be opened on Wednesday October 24, 2012 at 1:15 p.m. at the ECIA Offices. 1 10 L. Energy Efficiency Standards. Contractor shall comply with mandatory standards and policies relating to energy efficiency that are contained in the State Energy Conservation Plan issued pursuant to the Energy Policy and Conservation Act (Pub. L. 94 -163, 89 Stat. 871). [53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 CFR 19639, 19645, Apr. 19, 1995] M. Bonding requirements. The minimum bonding requirements are as follows: (1) A bid guarantee from each bidder equivalent to five percent (5 %) of the bid price. The "bid guarantee" shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. Prior to or at Contract execution, Contractor shall provide to City: (1) A performance bond on the part of the contractor for one hundred percent (100 %) of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. (2) A payment bond on the part of the contractor for one hundred percent (100 %) percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement on the respective dates indicated below. CITY OF DUBUQUE, IOWA CONTRACTOR By: By: Michael C. Van Milligen City Manager Its: 9 Wherever requested throughout this document, a company representative who is authorized to bind the Contract will sign on behalf of the company to indicate to the City of Dubuque that you have read, understand, and will comply with the Special Terms & Conditions and Instructions to Bidders & General Terms and Conditions attached hereto. The City of Dubuque reserves the right to reject any and all bids, to waive, what is In its sole opinion, minor Irregularities of any type or nature that are not material. Further, mathematical errors in Individual bid tabulations and /or total bid summations resulting in differing amounts than submitted will, at the sole discretion of the Applicant, be taken into consideration and either waived if deemed not material or considered to be a basis for bid rejection. The Applicant will enter into such contract as It shall deem to be in its best interest. The Applicant reserves the right to defer acceptance of any bld for a period not to exceed forty-five (45) calendar days from the date of receiving bids. The City of Dubuque has contracted with East Central Intergovernmental Association (ECIA) to administer and oversee the demolition. ECIA and its staff will act as an extension of the City of Dubuque and act In the best interest of the City of Dubuque. The bidder who is awarded the contract shall execute a Letter of Agreement and will be given a Notice to Proceed at the direction of the City of Dubuque. No work shall commence prior to the issuance of a Notice to Proceedby the City of Dubuque. All work is to be done in strict compliance with these plans and specifications. Bids shall be completed In the format of a bid tabulation sheet attached hereto. Other documents that are a part of this Request for Proposal include: Signature Page, Insurance Requirement and Bonding information pages. The contract will be awarded Monday November 5, 2012 at the City of Dubuque City Council Meeting. The nature of the project Includes the demolition and clearance of one residential flood - damaged property located at to the City of Dubuque, IA, It is anticipated the work will begin within five (5) days of Notice to Proceed and completion will be no later than fifteen (15) days after Notice to Proceed. A date and time will be selected for the awarded demolition contractor to sign the contract. Monitoring This Project is totally or partially funded by FEMA. FEMA and IHSEMD (Iowa Homeland Security & Emergency Management) site monitor(s) may be present to observe and monitor demolition procedures at the worksite. 2 11 SPECIAL TERMS AND. CONDITIONS SCOPE OF WORK. The primary purpose of this scope of work is to demolish and haul away debris from a certain flood- damaged structure identified by the City as an immediate threat to the public health and safety. The Contractor understands and agrees that demolition and debris removal in the most expeditious manner possible is of the utmost Importance and it will make every effort to complete all requirements of this contract in the shortest time possible. The structure and basement (slab if a basement less structure) must be demolished and removed In the same day. After given Notice to Proceed, the 1 structure Is to be demolished as quickly as possible during one continuous mobilization. The work to be performed under this Contract shall consist of demolition and removal of a flood damaged a structure as directed by the City. The structure has been deemed as Immediate threat and structural hazard by the City of Dubuque. As such, the structure is to be considered Regulated Asbestos Containing Material (RACM) structure. RACM determination requires that the entire structure is assumed to contain asbestos and is too dangerous to enter, test and remove any asbestos containing materials. The Contractor shall only be required to demolish and dispose of the dwelling structure for this Contract — no other debris or outbuildings are to be removed at this time, A Project Manager will be employed by ECIA on behalf of the City of Dubuque to monitor the performance of this Contract. Direction by the Project Manger In this proposal shall also mean direction by the City. The Project Manager will not have the authority to grant deviations from this Contract. No demolition activities shall be performed and no debris shall be loaded without the presence of the On -Site Monitor issuing a proper load ticket to document the origin of the load with GPS coordinates, data contractor name, truck number, and loading departure time No weekend work is allowed without prior approval from the project manager. The CONTRACTOR must provide 72 -hours notice before the start of the project, the start date must fall within the 5 days (continuous days, if day 5 falls on a weekend or holiday the start date must be Monday or the next day after a holiday) after the Notice to Proceed has been issued. The 72 -hour notice must Include start date, start time and project site location. Failure to start on the start date or at the start time given will result In a $100.00 per hour fine capped at $1,000.00 per day. The fine will be subtracted from the total project cost. The Contractor shall demolish the entire structure, including the foundation, the same day; no partial demolition of the above - foundation structure will be allowed. It is the contractor's responsibility to secure the site by whatever means necessary to prevent unauthorized entry. The Contractor must review this Scope of Services and provide support for the fact that the Contractor has sufficient experience and expertise as necessary to execute the terms and conditions of this contract. The initial task under this Request for bid Includes the following 1 residential structure identified by the City to be In need of immediate demolition. Please Bid the demolition of only the residential structure unless noted in parentheses () Since inspection for ACM and abatement is not possible prior to demolition, all demolition debris, including cement slabs of basement -less structure and basement, must be handled and disposed as Regulated Asbestos Containing Material (RACM). 1. 1654 Manson Road, Dubuque, IA 52001 The Contractor shall maintain work sites to appropriate use standards, safety standards, and regulatory requirements. All materials shall be removed, hauled, and disposed according to applicable federal, state, and local requirements. The Contractor shall be responsible for compliance with all federal, state and city requirements related to structure demolition and removal, including, but not limited to, requirements of the Occupational Safety and Health Administration (OSHA), EPA and the DNR. These requirements include (but are not limited to) good demolition practices. 12 1. Demolition, Removal, and Disposal of Flood Damaged Structure from Private Property A determination has been made that a threat to life, safety and health to the general public is present on the private properties listed above. The Contractor will demolish and remove residence and structure on these private properties as identified and instructed by the City. A Right -of -Entry form has been obtained for the immediate threat structure and the City will provide the Contractor copies of the Right -of -Entry form provided to the City by the property owner. 2. Utility Disconnects The Contractor shall be responsible for coordinating with attendant utilities for disconnection of services, including water, sewer, power; telephone, cable, Internet and natural gas. All utilities must be disconnected to meet safety or local code requirements. A. Water Service Disconnects. The structure is located on city water. All service pipes abandoned must be permanently closed off at the water main and reported to the city manager for inspection and written approval given before being backfilled. B. Sanitary Sewer Disconnects. The structure fs located on city sewer. All service pipes abandoned must be permanently closed off at the water main and reported to the city manager for Inspection and written approval given before being backfilled. C. Other Items. Underground storage tanks must be removed or closed in place according to Iowa Department of Natural Resources requirements. In the event that historic shaft features such as wells, cisterns, or privies are uncovered, the contractor will inform the on -site monitor who will in turn notify the Project Manager who will notify City of Dubuque Officials, Iowa Homeland Security and Emergency Management Division, FEMA, State Historic Preservation Office and the Office of State Archeology. (See #4 below) These features should be filled or capped with clean material from an off -site previously used borrow pit. 3. Tires, Household Hazardous Waste, White Goods, and Electronics Due to the unsafe conditions of the structure, the above hazardous wastes may not be removed from the structure and must be disposed of as part of the RACM structure. 4. Archeological Deposits In the event that archeological deposits (soils, features, artifacts) or other remnants of human activity are uncovered, or if archeological deposits are found during project demolition construction activities, the project will be halted immediately in the vicinity of the discovery, and the Contractor will take reasonable measures to avoid or minimize harm to the finds. The Contractor will Inform the on -site monitor who will In turn notify City Officials. ECIA on behalf of the City of Dubuque will notify the State Historical Society of Iowa (SHSI) and FEMA immediately. Work in the sensitive area cannot resume until a qualified archeologist determines the extent of the discovery, consultations between SHSI and FEMA are complete and the City of Dubuque has been notified by SHSI and FEMA. 5. Removal and Disposal of Regulated Asbestos Containing Material (RACM) in Demolition Because of the widespread use of Asbestos Containing Materials (ACM), buildings that have been damaged and are structurally unsound and in danger of imminent collapse are considered to be potentially contaminated with asbestos. In addition, during the demolition of these properties ACM will be disturbed and further contaminate the structure. Since Inspection for ACM and abatement is not possible prior to demolition, all demolition debris; including foundation, cement slab of basement -less structure and basements, must be handled and disposed as Regulated Asbestos Containing Material (RACM). This requirement is in accordance with the asbestos NESHAP and consistent with how Iowa DNR has handled similar structure. The Contractor shall employ good demolition techniques, which Includes: 4 13 A. Wetting the structure and debris prior to and during demolition to reduce the potential for air migration of asbestos, B. Using demolition techniques to minimize excessive breaking of material, C. Maintaining practices to keep personnel and bystanders at a safe distance from demolition activities, D. Loading the material with techniques to maintain sufficient distance from personnel to reduce the exposure to airborne material, E. "Burrito wrapping" of loads to prevent material from becoming airborne during hauling (general tarping will not be a sufficient method of transport for RACM), F. Placing a placard on the truck hauling the RACM debris in accordance with DNR and DOT requirements, G. Manual cleaning of the demolition site to remove all demolition debris presumed to contain asbestos materials from the site. H. Using demolition techniques that minimize ground disturbance. Trees shall not be removed except in cases where obstruction is a safety factor. I. Disposing of RACM, as approved by the DNR, shall be at separate areas of disposal sites and shall be disposed using techniques to minimize the potential for debris or dust to become airborne. J. All trucks and /or trailers must have solid metal end gates. K. All pieces, parts, scraps, debris, rubbish and organic material from a building, structure, or portion of a building In the process of being demolished shall be cleaned up and removed daily from the premises, and including streets and public property. L. Final cleanup of the site after the building or structure is demolished shall include thorough removal of all wood, debris and organic materials, filling of depressions according to backing filling specifications, and including a tillable layer of topsoil over the entire lot to a uniform natural grade consistent with the established adjacent grades. Since most sites will not have a viable source of water, the contractor shall have a water truck on site during demolition. Contractor shall be responsible for providing protective gear and equipment (PPE) to its agents and employees and for ensuring its proper utilization in the event of an encounter with asbestos when the debris being removed as well as the demolition of structure containing (and suspected of to contain) RACM under this Contract. This shall include at a minimum a hard had safety vest, goggles and steel -toed shoes /boots. Additionally, those actuallyworking in the hot zone will be equipped with PPE appropriate for such work under state /OSHA regulations.. Removal and disposal of any debris, including hazardous materials, located outside of the structure is not included in the Scope of Services. 6. Securing the Site The Contractor shall take all the necessary steps to ensure each site In a manner to prevent access by the general public. A "Hot Zone" consisting of temporary barricade type fence shall be erected around each structure to be demolished to prevent access by the public. This fence shall have "Asbestos" warning tape atop it, with ACM warning placards posted in at least4 corners of the zone. Such fence shall be: (1) At least four feet high. (2) Consistently restrictive from top to grade. (3) Without horizontal openings or indentation wider than two Inches. The fence shall be erected before demolition begins and shall not be removed until the basement is filled. 7. Backfill — Finishing The Contractor shall obtain Inspection and approval from the Project Manager prior to backfllling any excavations, holes or depressions on the demolition site as a result of the structure demolition. Excavations, cellar holes, basement holes, abandoned cisterns or other depressions in the wrecking site shall be filled and compacted with sand or earthen fill and a tillable layer of topsoil (4 -6 inches), both from an off -site 5 14 previously used borrow -pit, spread over the entire lot to a uniform, natural grade consistent with established adjacent grades. (No fly ash or equal.) Adjacent grades, When referred to to these specifications, adjacent grade means approximate existing elevations of the ground surrounding the basement, or other excavated or depressed area at the distance of 5 feet outside the area, particularly when the existing ground has previously been graded up so as to slope away from the structure. Backfill will match the stability and grade of the adjacent undisturbed soils. To prevent the settling of the backfill and the ponding of surface water, grade will remain uniformly stable for at least sixty days after the date the job is reported "finished ", or If the backfill materials were frozen when used causing unacceptable settling during the first sixty days after the ground is free of frost. The Contractor shall remedy such settling by additional tamping, refilling, compacting and re- grading in conformance with the standards set forth in this section. Cleanup. All pieces, parts, scraps, debris, rubbish, wood and organic materials from a structure or part of a structure in the process of being demolished shall be cleaned up and removed from the premises daily. Final cleanup after the structure is demolished shall Include complete and thorough removal from the premises of all parts or pieces of the building, its contents and its furnishing, including all debris, organic materials, rubbish, wood, concrete, and masonry rubble in their entirety. Examples include: concrete or brick floors of basements, or of area -ways, stairways, stairwells, or depressed structures shall be completely removed. Concrete slabs on grade Including floors of basement -less buildings, entrance slabs, patios, garages or shed floors. If an accessory building (garage or shed) is part of the specific project, the underlying concrete, stone or brick floor shall be removed. All hazardous open pits and recesses shall be filled with thoroughly tamped earth to completely eliminate the hazard. Sewers, stacks, or other sanitary pipes extending to or through the floors and slabs shall be filled. Erosion Control. The Contractor is responsible for supplying all the necessary equipment to prevent soil and water run -off from occurring on the site during and following demolition, including but not limited to providing silt fencing and/or a silt sock. The Contractor is to provide the necessary equipment for the proper preparation of the ground surface and for handling. All required materials shall be on hand, in good condition and shall be approved by the onsite monitor. Topsoil: A layer of topsoil will be brought onto each lot to uniform grade. Tillage: After the areas disturbed during the demolition process have been brought to an appropriate grade, the areas shall be thoroughly tilled to a depth of at least 3 inches by plowing, discing, harrowing, or other approved methods until the conditions of the soil is acceptable to the onsite monitor. Work only during periods when beneficial results are likely to be obtained. When conditions are such, by reason of drought, excessive moisture, and other factors, that satisfactory results are not likely to be obtained, work shall be stopped. All final grading and sloping with required surface drainage shall be completed before seeding operations are commenced. Areas inaccessible to field machinery shall be prepared by hand to a depth not less than 2 inches. After seedbed preparation has been completed, the Contractor shall pick up and dispose of all debris, including stones, boulders, logs, stumps, cables, or other foreign material that will interfere with the seeding operation. Seeding: Seeding must be made during the seasons when the seed will grow and provide expected cover. Avoid midsummer seeding. All seeding times shall be approved by the onsite monitor. Seed in early Spring, March through May, and early Fall, August through September. A method of sowing seed satisfactory to the onsite monitor shall be employed, such as use of approved hydraulic, gravity, endgate - cyclone, or hand - cyclone seeders. The equipment shall have suitable capacity and working pressure and a nozzle adapted to the type of work. Supply tanks shall have a means of agitation. Tanks shall be calibrated and provided with a 6 15 calibration stick or other approved device to indicate the volume used or remaining in the tank. Gravity seeds shall be pulled by mechanical means, shall provide agitation of the seed, shall have an adjustable gate opening, and shall uniformly distribute seed on the prepared seedbed. The seed hopper shall be equipped with baffle plates spaced not more than 2 feet apart. The baffle plates shall extend from the agitator shaft to within approximately 2 inches of the top of the seed hopper. Wind guards will be required to facilitate seeding when moderate wind conditions exist and when so ordered by the onsite monitor. Wind guards shall be placed in front or in back (or both) of the seed outlet and shall extend to near the ground line. Endgate- cyclone seeders shall be suitably mounted. Movement shall be provided by mechanical means. The seed shall drop through an adjustable -flow regulator onto a rotating, power - driven, horizontal disk or fan. Hand- cyclone seeders shall be carried by the person dispensing the seed. The seed shall drop through an adjustable -flow regulator onto a rotating, hand - driven horizontal disk or fan. For soils that are somewhat poorly drained with high moisture holding capacity and may not be tiled but surface drainage prevents standing water, then use a seed mixture of 80% (by weight) of Kentucky Bluegrass and 20% Redtop. The seeding rate shall be 2.5 lbs. per 1000 sq. ft. For soils that are sandy or shallow to sand or bedrock, excessively drained or droughty soils, use a seed mixture of 30% Kentucky Bluegrass and 70% Creeping Red Fescue. The seeding rate shall be 2.5 lbs. per 1000 sq. ft. For soils that are moderately deep to deep, moderate to well drained, medium textured soils, use 60% Kentucky Bluegrass and 40% Creeping Red Fescue. The seeding rate shall be 2.5 lbs. per 1000 sq. ft. Annual rye grass at a rate of 10 lbs. per acre may be seeded with permanent grass seed only during the spring seeding period and on those areas where quick cover Is needed with approval from the onsite monitor. All seed shall be applied uniformly using approved methods. Grasses Minimum Seed Purity ( %) Minimum Germination ( %) Kentucky Bluegrass 85 80 Redtop 90 85 Tall Fescue 98 85 Creeping Red Fescue 85 Rye 97 90 Mulch : 75 lbs. of dry cereal straw per 1000 sq. ft. AR mulch shall be consolidated into the soil with a mulch stabilizer. Sewers stacks or other sanitary pipes extending to or through the floors and slabs shall be filled. 8. Debris Ownership and Hauling Responsibilities Once the Contractor begins activity on a site, all debris generated is the property of the Contractor and the Contractor Is solely responsible for all aspects related to the debris, Including, but not limited to, the hauling and disposal of the debris. This includes all materials resulting from demolition unless otherwise specified in this scope of work. As a result of the RACM determination of the structure, all debris must be disposed of properly as RACM. A. The Contractor acknowledges, represents and warrants to the City that It is familiar with all laws relating to the disposal of RACM materials as stated herein and is familiar with and will comply with all guidelines, requirements, laws, regulations and any other federal, state or local agencies or authorizes. B. The Contractor acknowledges and understands that any disposal, removal, transportation or pick -up of any materials not covered under the scope of works shall be at the sole risk of the Contractor. Contractor understands that It will be solely responsible for any liability, fees, fines, claims, etc., which may arise from its handling of materials not covered by the scope of work. C. The Contractor is responsible for determining and complying with applicable requirements for securing loads while in transit and that all trucks have a solid tailgate made out of metal. Contractor shall assure that 7 16 loads are properly secured and transported without threat of harm to the general public, private property and public infrastructure. D. The Contractor shall insure that all vehicles transporting debris are equipped with and use tarps or netting over the "burrito wrap" to prevent further spread of debris. 9. Debris Disposal The. Dubuque Metropolitan Landfill is the designated disposal site for demolition debris from the 1 structure of RACM. The Dubuque Metropolitan Landfill is located at 14501 Highway 20 West, Dubuque, Jowa 52002, Please contact the Landfill for the most current tipping fees (563) 557 -8220 orwww.dmaswa.org, Contractor acknowledges, represents and warrants to the City that it is familiar with all laws relating to disposal of the materials as stated herein and Is familiar with and will comply with all guidelines, requirements, laws, regulations, and any other federal, state or local agencies or authorities, A. Contractor acknowledges and understands that any disposal, removal, transportation or pick -up of any materials not covered in this scope of work shall be at the sole risk of the Contractor. Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc., which may arise from its handling of materials not covered by this scope of work. B. Contractor is responsible for determining and complying with the applicable requirements for securing loads while in transit and that all trucks have a solid metal tailgate. Contractor shall assure that all loads are properly secured and transported without threat of harm to the general public, private property and public infrastructure. C. The Contractor shall ensure that all that RACM debris is "burrito wrapped" in the transport trailers and may be additionally equipped with and use tarps or netting to prevent further spread of debris. 10. Equipment: A. The Contractor shall be equipped with the normal tools of their trade and shall furnish all labor, tools, and other items necessary for and incidental to executing and completing all required work. B. All equipment and vehicles utilized by the Contractor shall meet all the requirements of the federal, state and local regulations including, without limitation, all USDOT, Iowa DOT and safety regulations, and are subject to the approval of the City. AB loads must be secured and solid metal tailgates must be used on all loads, Sideboards must be sturdy and may not extend more than two feet above the metal sides of the truck or trailer. C. The Contractor shall supply vinyl type placards identifying the City, the names of the Contractor and subcontractor, and large spaces for the On -Site Monitor to write in the assigned Truck Number and other information. The Contractor shall maintain a supply of placards during the project in the event replacements are needed. Placards must be In plain view from the tower as trucks or traders enter the disposal facility. D. The Contractor shall submit with their bid package a complete and updated list identifying truck and trailers that will be used In the transport of debris to the permanent disposal sites. The listing shall include the following information: 1. Truck and /or trailer license number 2. Year, make and color of each truck and /or trailer 3. Cubic yardage capacity of each trailer as measured and recorded by the On -Site Monitor E. Each truck and trailer passing through disposal check points shall be Identified by a Contractor's logo and an Identifying number that ties the vehicle to the above information. Any vehicle not matching the above information or not containing other identification as may be required by the City shall not be paid for debris being transported. F. Load tickets shall be supplied by the On -Site Monitor for all trucks and shall include a means of Identifying the truck, the specific location (address and GPS coordinates) from which debris Is removed, the disposal site to which materials were delivered and a place for the authorization by the On -Site Monitor and the landfill site operator. 8 17 11. Emergency Planning An emergency plan (Health and Safety Plan HASP) shall be developed prior to work commencing. This must be in compliance with OSHA 29 CFR 1910, Occupational Safety and Health Standards and OSHA 29 CFR 1926, Safety . and Health Regulations for Construction, The emergency procedures in the Health and Safety Plan shall Include: • telephone numbers for potential emergency response (police, fire department, and emergency medical needs), • the location of the nearest telephone and the location to the nearest hospital. A map showing streets with directions of the hospital shall also be provided in the plan. • considerations of fire, explosion, toxic atmospheres, electrical hazards, slips, trips and falls, confined spaces, heat related and other injuries:. Written procedures shall be developed and staff training in the procedures shall be provided to all employees. Employees shall be Informed of the Health and Safety Planning and trained In evacuation /response procedures In the event of workplace emergencies. This plan shall be filed with Applicant prior to the commencement of any work. Contractor must provide certification that all staff has received HASP training. 12. Property Damage The City will retain 5% of the amount due to the Contractor as per Iowa Code Section 573.12(1). Said retainage will be for the purposes of both ensuring the completion of work to the City's satisfaction and as an offset to damages to public or private property. Unresolved damaged claims exceeding 55 will be pursued against the Contractor's performance bond. The Contractor shall be responsible for all damages to public and private property. The Contractor shall be responsible for having at least one person of authority and responsibility at the job site Contractor shall keep a report of all damage. If public or private property Is damaged by the Contractor and is not repaired in a timely manner as determined by the City, the City has the option of having the damage repaired at the Contractor's expense to be reimbursed to the City, withheld from retainage or submitted to the Contractor's surety for payment under the Contractor's performance bond. AWARD. CRITERIA Award of bid shall be made to the lowest and best responsive and responsible Bidder(s) meeting the specification set forth herein. In addition to the quoted price, the following is a partial list of the criteria that may be used in our determination of vendor responsibility and responsiveness: A. Experience with RACM demolitions B. Successful and timely completion of prior RACM demolition projects C. Company's reputation and financial status D. Company's ability to meet the City's insurance requirements E. City's past experience with bidder on other projects F. Reference checks The City reserves the right to accept or reject any or all blds, to waive, what is in Its sole opinion, minor Irregularities of any type or nature that are not material. Further, mathematical errors In individual bids tabulations and /or total bid summaries resulting in differing amounts than submitted will, at sole discretion of the City, be taken into consideration and either waived, if deemed not material or considered to be a basis for bid rejection. The City will enter into such contract agreement as it shall deem to be In its best interest. The City reserves the right to defer acceptance of any bid for a period not to exceed forty -five (45) calendar days from the date of receiving bids. TERM OF CONTRACT The work to be performed under this contract shall be completed by the Contractor within 15 days commencing upon written Notice to Proceed. 9 18 The City and the Contractor may renew the original contract for additional fifteen (15) day time periods by mutual agreement. Five (5) days notice must be given to renew the contract for additional increments. A Letter of Agreement and Notice to Proceed, prepared by the Project Manager, shall become the document that authorizes the contract to begin. Each section contained herein, and addenda and the response from the successful bidder shall also be incorporated by reference into the resulting agreement. No price escalation will be allowed during the initial term of the contract. The price will not exceed the written contract amount which Is determined from the bid proposal. If it is mutually decided to renew beyond the Initial period and the Contractor requests a price Increase, the Contractor shall provide sufficient written certification and documentation to substantiate the request. Documentation shall Include, but not be limited to actual material invoices, copies of commercial price lists, provision of appropriate indices, etc which reflect said increases. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate without cost the future performance of the contract. ESTIMATED QUANTITIES The City does not guarantee any quantity of work under this contract. Although the structure Is within the City are in need of demolition, the work authorized may be limited by factors such as environmental concerns, property owner permission, and eligibility for reimbursement. Actual quantities, whether lesser or greater than estimated by the Contractor on the Bid Tabulation sheet for each address, will not affect the pricing process as indicated, nor the total project price bid by the Contractor and accepted by the City. The Contractor is to indicate on each bid tabulation sheet the estimated quantities of debris and fill material. Payment will be made based on these quantities regardless of the actual amounts involved. BID EVALUATION PROCEDURES The City Council will evaluate the bids individually. Financial terms will not be the sole determining factor in this award. Other criteria such as those listed on page 6will be considered, as well as any other factors that the Board determines may affect the suitability of the bid for the City's requirements. A Contractor's submission of the bid constitutes their acceptance of the evaluation technique and their recognition and acceptance that the evaluators in this evaluation will use subjective judgment. CONTRACTOR EMPLOYEES Any person performing work on behalf of the Contractor must be Identifiable by uniform, proper identification, and /or a marked vehicle. The Contractor shall only furnish employees who are properly licensed, competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is Incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while performing work, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. - CONFLICT OF TERMS If there is a conflict between the terms of these Special Terms and Conditions and the Demolition Agreement, the Special Terms and Conditions shall prevail. PRICING This is a unit price, lump sum agreement; all bids, bid components and bid tabulations are on a "not to exceed" basis. Change orders, additions, deletions and any other changes In the scope of the work, will take the form of written amendments mutually agreed to by the Contractor and City. In the case of a mathematical errors, transposition of figures and the like, actual bid tabulation totals will take precedence over summary bid figures. 10 19 BONDS AND INSURANCE Prior to signing the contract, the Contractor agrees to furnish the City with all applicable certificates of insurance. A Surety Bond shall be provided in the amount of $5,000 for an excavation contractor if street excavation is required Each BID must be accompanied by a BID bond payable to the City of Dubuque for five percent (5%) of the total amount of the BID. As soon as the BID prices have been compared, the City of Dubuque will return the BONDS of all except three lowest responsible BIDDERS. When the Agreement is executed the bonds of the two remaining unsuccessful BIDDERS will be returned. The BID BOND of the successful BIDDER will be retained until the payment BOND and performance BOND have been executed and approved after which it will be returned. A certified check may be used In lieu of a BID BOND, as may a cashier's check or certified share draft. A performance BOND and payment BOND and payment BOND, each in the amount of 100 percent (100 %) of the CONTRACT PRICE, with a corporate surety approved by the City of Dubuque, will be required for the faithful performance of the contract. Attorneys -In -fact who sign BID BONDS or payment BONDS and performance BONDS must file with each BOND a certified and effective dated copy by their power of attorney. The party to whom the contract is awarded will be required to execute the Agreement and obtain the performance BOND within ten (10) calendar days of the date when NOTICE OF AWARD is delivered to the BIDDER. The NOTICE OF AWARD shall be accompanied by the necessary Agreement and BOND forms. In case of failure of the BIDDER to execute the Agreement, the City of Dubuque may at their option consider the BIDDER In default, in which case the BID BOND accompanying the proposal shall become the property of the City of Dubuque. The City of Dubuque within ten (10) days of receipt of acceptable performance BOND, payment BOND and Agreement signed by the party to whom the Agreement was awarded shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the City of Dubuque not execute the Agreement within such period, the BIDDER may by WRITTEN NOTICE withdraw the signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the City of Dubuque. PAYMENT — BILLING Purchases authorized under this contract will be paid for upon receipt of an original Invoice within sixty (60) days and after all services are delivered, Inspected and accepted. If multiple contracts are awarded, each property is requested to be invoiced individually. The invoice shall clearly state: 1. The Contractor name, 2. The address of each structure and GPS coordinates 3. Itemized demolition cost for each structure broken down into the four items listed on page 10 4. Description of work performed, and 5. Date of demolition Invoices shall be mailed to: ECIA Attention: Nicole Turpin 7600 Commerce Park Dubuque, Iowa 52002 Final payment will not be made until a passing Final Inspection has been given. 11 20 The City may 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. SURCHARGES Surcharges (Le. fuel surcharges, restocking fees; etc.) shall not be allowed to be added to Invoices as an additional line item. WARRANTIES AND REPRESENTATIONS The Contractor shall comply with all Federal, State, County and municipal laws, ordinances and regulations. The Contractor shall not discriminate against any employee or applicant due to sex, race, color, creed, national origin or ancestry. The Contractor further certifie he is eligible to perform this contract under local, state and Federal law, Is not now and has never been debarred from performing Federal or State government contract. DOCUMENTS TO BE SUBMITTED WITH BID PROPOSAL Listing of Trucks and Trailers Bid Submittal Form Technical Proposal Signature Page Certificate of Insurance State Contractors Registration Surety Bond Asbestos Removal Contractor. License '! 12 21 BID SUBMITTAL FORM City of Dubuque, Iowa ::Demolition of Flood Damaged Structure Contractor, having examined the specifications with related documents and the sites of the proposed work, and being familiar with all of the conditions surrounding the work of the proposed project, including availability of equipment and labor, hereby proposes to perform in accordance with this Request for Bid, and at the prices stated. These prices shall cover all expenses incurred in performing the work required under the Contract Documents, of which this Request for Bid is a part. Contractor hereby agrees to commence work under this contract on a date to be specified in a written "Notice to Proceed" and to fully complete the work in the contractual period of time allotted. The quantities below do not necessarily reflect the actual quantities of debris that will be moved as part of this Contract. The Contractor's estimated quantities given will be used for the sole purpose of assisting the City in its evaluation of the bids for award of Contract. The Contractor acknowledges that no representation or guarantee is made by the City or its agents as to the actual amount of each type of debris to be moved, or the total amount of debris to be moved. All tipping fees /disposal costs shall be paid by the Contractor as part of unit prices- Contractor agrees to complete the project as described in accordance with the specifications and other information included in the contract documents for the following prices: Item No. Estimated Item Description quantity STRUCTURE DEMOLITION, REMOVAL AND DISPOSAL OF REGULATED ASBESTOS CONTAINING MATERIAL (RACM) to the Duhuque Metropolitan Landfill, resulting from demolition of the structure, (including all white goods, electronic waste, HH W, and all other contents contained therein) • UTILITIES DISCONNECT The Contractor shall arrange for 2 the disconnection and removal of all utilities in coordination with the appropriate utility service providers. CLEAN FILL DIRT (from an off-site borrow pit). The Contractor shall acquire, deliver, place and compact in B 12 inch lifts up to grade, clean fill dirt In exposed basements and In other flood or non -flood related depressions as a result of demolition activities on the property and as directetl 6y [he City 4 Unit Price (written) Unit Price (numeric) Price Extension (numeric) Erosion Control. The Contractor shall till to a depth of at least 3lnches and seed to spec. 5 DEMOLITION AND REMOVAL OF RACM CONCRETE, BRICK, BLOCK, STONE. The Contractor shall remove and dispose of concrete, brick or stone basements and floors and cement slabs of basement -less structure to the Dubuque Metropolitan Landfill - TOTAL BID (numeric) Not to exceed TOTAL 810 (written) Not to exceed Any changes in the scope of work will take the form of written amendments /change orders Address of Structure this Bid pertains to: (one bid sheet per address) Name of Contractor: By: 13 22 BID SUBMITTAL FORM —City of Dubuque -Demolition of Flood Damaged Structure The BIDDER is required to indicate the name and address of all subcontractors and will provide documentation showing any and all subcontractors meet the requirements of this bid. BIDDER agrees to perform all the Work described in the contract documents and the above project specifications for the above indicated residence at the following indicated price, and all bids shall include all other applicable fees. Bids as received must be for the execution of the entire job as called for in the project specifications provided. Each property is to be bid as a separate bid tab. The individual bid tabs are to be totaled to equal bid amount as entered in the bid summary. Do not include Alternate Bids in bid summary price. It is expressly understood that the foregoing total bid Is the basis for establishing the amount of bid security and is for comparison of bids only, and is not to be considered or construed to be a lump sum bid. RACM DEMOLITION BID, NOT TO EXCEED: $ (total bid) BIDDER: FIRM NAME: STREET ADDRESS: CITY AND ZIP CODE OFFICE TELEPHONE NUMBER CELULAR TELEPHONE NUMBER E-MAIL ADDRESS IOWA CONTRACTOR LICENCE NUMBER SIGNATURE: NAME TYPED OR PRINTED: TITLE: Date: ASLO ATTACH TO YOUR BID THE FOLLOWING INFORMATION. (on file Is not acceptable). 1.) PROOF OF CONTRACTORS INSURANCE CERTIFICATION 2.) BID SECURITY OR BID BOND (5% of total bid) 3). CURRENT IOWA CONTRACTORS REGISTRATION AND ASBESTOS PERMIT 4.) ALL BIDS MUST BE TYPED OR IN INK AND ROUNDED TO THE NEAREST DOLAR. Every property must be bid and properties may not be lumped together. It is the right of the City of Dubuque to delete line items If necessary. Incomplete bids will be reiected. 14 23 TECHNICAL PROPOSAL The experience requirements are as follows and must be separately addressed and covered: 1. Describe experience In all aspects of demolition and debris management, to include demolition, hauling, disposal, contract management, accounting, and documentation systems. 2. Company Profile including the firm name, business address, telephone number, and year established. 3. Each Bidder shall submit a written statement describing the experience, organizational structure and "chain of command" of the Contractor's and subcontractor's response team and the project management methods that are most appropriate to perform the contract services. The statement must include: historical methods for communicating with team members and local emergency management staff, team work assignments, data management and project tracking methodologies. Bidder shall provide: a. Education, background and experience of Senior Management; b. Professional recognition of Bidder and /or its senior management team; c. The ability of Bidder to reduce and /or prevent the instances of fraud, waste and abuse. Any reservists, consultants or part -time employees, or sub - contractor employees must be identified as such. 4. References. Include a reference list of at leave five (5) clients to whom the Contractor and /or Its subcontractors have provided services similar in scope and size to those being proposed herein. At least three references must be relating to project Including disaster debris removal and at least two must include structure demolition. Please indicate which references are related to demolition and debris projects specifically. 5. Environmental Plan. Bidders must provide an Environmental Plan to demonstrate compliance with applicable environmental regulations in the demolition and debris removal process. 6. In the event that negotiations should occur, the Bidder shall list who shall serve as the authorized negotiator for Contractor. 7. Whether Bidder, or any employee thereof, anticipated being assigned to provide debris removal services has been a defendant in any proceeding involving or arising out of debris removal services within the past five years. 8. Whether or not Bidder has had a contract related to demolition or debris removal cancelled within the last seven years. If so, state the name and address of the other contracting party and reason, 9. All Bidders must certify that Contractor, nor any employee thereof, has any conflict of interest, either direct or Indirect, In connection with the services sought herein pursuant to federal or state law. 10. The volume of service needed is unknown. The agreement established with the successful bidder shall be for service as needed with no guaranteed minimum tonnage of debris to be removed. Please provide the estimated average number of tons your company has the capability to remove per day. 11. Has your company received an OSHA violation in the past five years? Yes No if yes, please attach copies of the citations and an explanation of how they have been resolved. 15 24 SIGNATURE PAGE The undersigned 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: Address: City:. State: Zip: Authorized Representative (print) Authorized Representative Signature Date: Email: Phone: Fax: EXCEPTIONS /DEVIATIONS to this Request for Bid shall be taken in writing on an attached document provided by the Bidder. Please be as specific as possible. If your company has no exceptions /deviations, please write "No Exceptions ". GENERAL INFORMATION. FOB Point in terms of loss or damage is destination. Freight and /or delivery charges shall be included in the price of the goods. FIRM PRICING. Offered prices shall remain firm for a minimum of 60 days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. Any changes in the scope of work will take the form of written amendments. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative hereby acknowledges receipt of the following addenda: Addenda Number Addenda Number Date Addenda Number Date Addenda Number Date PAYMENT METHOD. A check will be Issued upon passing Final Inspection from the Building Inspector and the On -Site Monitor. We choose not to bid at this time but would like to be considered for future requests for bid. 16 25 Building Demolition and Asbestos Removal Insurance Requirements CONTRACTOR, at its own expense, shall procure and maintain the following insurance so as to cover all risk which shall arise directly or indirectly from CONTRACTOR'S obligations and activities. Insurance requirements are included in appendix A. Additional Insured. The City of Dubuque, its officers and employees and agents (ECIA) shall be named as additional insured on the Contractor's, subcontractor's, and independent contractor's liability insurance policies and certificates of insurance. This provision does not apply to workers compensation insurance. INSTRUCTIONS TO BIDDERS AND GENERAL TERMS AND CONDITIONS 1. LANGUAGE, WORDS USED INTERCHANGEABLY - The word CITY refers to the CITY OF DUBUQUE, IOWA throughout these Instructions to Bidders and General Terms and Conditions. Similarly, BIDDER refers to the person or company submitting an offer to sell its goods or services to the CITY. The words QUOTATION, BID and PROPOSAL are all offers from a BIDDER, but may represent different methods of obtaining price and other Information from the BIDDER. 2. BID TABULATION AVAILABIUTY- Bids will be evaluated promptly after opening. After award, a bid tabulation summary will be sent to all companies who submitted a bid or returned a Statement of No Bid. BID RESULTS WILL BE GIVEN OVER THE TELEPHONE. No Bid may be withdrawn for a period of sixty (60) calendar days of the Bid Opening date. 3. BIDDER QUALIFICATIONS- No Bid 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, Bidders shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply /service bid and that they have the necessary financial resources to provide the proposed supply /service as described in the attached Technical Proposal specifications. 4, BID FORM - Each Bidder must submit an original Bid on the forms attached plus any additional sheets provided by the Bidder that may be required for additional information. The Bidder shall sign his /her Bid correctly, and the Bid may be rejected if it shows any omissions, alterations of the form, additions not called for in the Bid, or any irregularities of any kind. The City will not consider replies that are not on the City's form. Bidders may submit additional information and brochures relative to the services for which they are offering pricing, but those submittals will only be considered In addition to not in lieu of any bid submitted on the City's form. In case of a discrepancy between the unit price and the extended price, the unit price shall prevail. 5. SPECIFICATION DEVIATIONS BY THE BIDDER- Any deviation from this specification MUST be noted in detail, and submitted in writing and attached to the Bid Form. 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 Bidder 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 Bids, the Bidders name should be clearly shown on each document. 6. BIDDER REPRESENTATION - Each Bidder must sign the Bid with his /her usual signature and shall give his /her full business address on the form provided in this Bid. 7. COLLUSIVE BIDDING -The Bidder certifies that the bid submitted by said Bidder is done so without any previous understanding, agreement or connection with any person, firm, or corporation making a bid 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. B. BROCHURES - Bids may include adequate brochures and advertising literature describing the service offered in such fashion as to permit ready comparison with our specifications where applicable. 9. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS -All changes in Bid documents shall be through written addendum and furnished to all Bidders. Verbal Information obtained otherwise will not be considered in awarding of Bids. 17 26 10. BID CHANGES - Bids amendments thereto or withdrawal requests received after the time advertised for Bid Opening will be void regardless of when they were mailed. 11. HOLD HARMLESS AGREEMENT -The Bidder agrees to protect, defend, indemnify and hold harmless the United States of America, FEMA, State of Iowa, loWa Homeland Security and Emergency Management Division, City of Dubuque, and ECIA their officers, and Its employees from any and all claims and damages of every kind and nature made, rendered or lncurred by or on behalf of every person or corporation whatsoever, including the parties hereto and their employees that may arise, occur, or grow out of any acts, actions, work or other activity done bythe Bidder, Its employees, subcontractors or any independent contractors working under the direction of either the Contractor or subcontractor In the performance of this contract. 12. COMPLETION DATE - The completion as stated in the Bid Form shall be the time required to complete project after the award of the Contract. Where multiple items appear on a Bid request, the Bidder shall, unless otherwise stated bythe City, show the completion date for each Item separately. If only a single completion date Is shown, it will mean that all tasks of the project included in the Bid can and will be delivered on or before the specified date. The Bidder agrees that the project will be completed In the time stated, assuming that the time between the Bid Opening and the Notice to Proceed does not exceed the number of days so stipulated. The right is reserved to reject any Bid in which the completion time indicated is considered sufficient to delay the operational needs for which the service is intended. 13. BID REJECTION OR PARTIAL ACCEPTANCE -The City reserves the right to reject any or all Bids. The City further reserves the right to waive technicalities and formalities in Bids, as well as to accept in whole or In part such Bids where It Is deemed advisable in protection of the best Interests of the City. 14. BID CURRENCY /LANGUAGE - All Bid prices shall be shown in US Dollars ($). At prices must remain firm for the duration of the contract regardless of the exchange rate. All bid responses must be submitted in English. 15. PAYMENTS - Payments Will be made for all goods /services delivered, inspected and accepted within 45 days and upon receipt of an original invoice. 16. MODIFICATION, ADDENDA AND INTERPRETATIONS - Any apparent inconsistencies, or any matter requiring explanation or Interpretation, must be Inquired into by the Bidder in writing at least 72 hours (excluding weekends and holidays) prior to the time set for the Bid 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. 17. 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. 18. TELEGRAPHIC /ELECTRONIC BID SUBMITTAL- Telegraphic and /or bid 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 bid either by airfreight, postal service, or other means. 19. MISCELLANEOUS - The City reserves the right to reject any and all bids or parts thereof. The City reserves the right to Inspect Contractor's facilities prior to the award of this bid. The City reserves the right to negotiate optional items with the successful Bidder. 20. MODIFICATION OF AGREEMENT - No modification of award shall be binding unless made In writing and signed bythe City. 21. 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. 22. TERMINATION OF AWARD FORCAUSE - If, through any cause, the successful Bidder shall fail to fulfill In a timely and proper manner its obligations or If the successful Bidder shall violate any of the covenants, agreements or stipulations of the award, the City shall thereupon have the right to terminate the award by giving written notice to the successful Bidder of such termination and specifying the effective date of termination. In that event, and as of the time that notice Is given by the City, all finished or unfinished services, reports or other materials prepared by the successful Bidder shall, at the option of the City, become its property, and the successful Bidder shall be entitled to receive compensation for any satisfactory work completed, prepared documents or materials as furnished. Notwithstanding the above, the successful Bidder shall not be relieved of liability to the City for damage sustained by the City by virtue of breach of the award by the successful Bidder. The City may withhold any payments tothe successful Bidder for the purpose of set-off until such time as the exact amount of damages due the City from the successful Bidder is determined. 18 27 23. TERMINATION OF AWARD FOR CONVENIENCE -The City may terminate the award at any time by giving written notice to the successful Bidder of such termination and specifying the effective date thereof, at least five (5) working days before the effective date of such termination. In that event, all finished or unfinished services, reports, materials(s) prepared or furnished by the successful Bidder or under the award shall, at the option of the City, become Its property. If the award Is terminated due to the fault of the successful Bidder, termination of award for cause relative totermination shall apply. If the award Is terminated by the City as provided herein, the successful Bidder will be paid an amount as of the time notice N given by the City which bears the same ratio to the total compensation as the services actually performed bear to the total services the successful Bidder covered by the award, less payments of compensation previously made. 24. FORCE MAJEURE- For the purpose hereof, force majeure shall be any of the following events :acts of God or the public enemy; compliance with any order, rule, regulation, decree, or request of any governmental authority or agency or person purporting to act therefore; acts of war, public disorder, rebellion, terrorism, or sabotage; floods, hurricanes, or other storms; strikes or labor disputes; or any other cause whether or not of the class or kind specifically named or referred to herein not within the reasonable control of the party affected. a. A delay in or failure of performance of either party shall not constitute a default hereunder nor be the basis for, or give rise to any claim for damages, if and to the extent such delay or failure is caused by force majeure. b. The party who is prevented from performing by force majeure (1) shall be obligated, within a period not to exceed fourteen (14) days after the occurrence or detection of any such event to give notice to the other party setting forth in reasonable detail the nature thereof and the anticipated extent of the delay, and (t) shall remedy such cause as soon as reasonably possible. 25. ASSIGNMENT - Bidder 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. 26. EQUAL OPPORTUNITY- The successful firm agrees not to refuse to hire, discharge, promote, demote, or to otherwise discriminate in matters of compensation against any person otherwise qualified solely because of race, creed, sex, national origin, ancestry or physical handicap. 21 TIME PERIOD - Prices are to be honored for the time period stated in your response on the Signature Page. 28. EXTENSION - Any or at of the awards made as a result of this Request for Bid may be extended for an additional period of time, up to one year, if mutually agreed between the parties. 29. FOB POINT- In terms of loss or damage, as well as where title to the goods is passed, please quote FOB - Destination. 30. METHOD OF AWARDING/ QUOTING - The City reserves the right to make awards based on the entire bid or on an Individual basis. However if you offer your bid based on an all or none condition, the City may consider your bld non- responsive and reject the entire bid. 31. TAXES —The City of Dubuque 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, 32. BID INFORMATION I5 PUBLIC —Ali documents submitted with any bid or 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 Dubuque in connection with a bid or proposal, the submitting party recognized this and waives any claim against the City of Dubuque 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 Dubuque and its officers and employees harmless from any claims arising from the release of any document or Information made available to the City of Dubuque arising from any bid opportunity. 33. PURCHASE ORDER — Purchase Orders will not be Issued from the City of Dubuque. 34. NO GIFT STANDARD -The City of Dubuque is committed to upholding the highest ethical standards in all of our business practices. This standard recognizes the need to avoid even the perception of improper gifts or favors to employees: Therefore, we ask all vendors to abide by our "No Gift" standard. The "No Gift" standard also applies to all offers of discounts or free items at any place of business targeted toward a City employee and not available to the general public, regardless of the value. 35. NO PIGGYBACK CONTRACT —This contract may not be extended for use by any other government entity. 19 28 44 CRF 13.36 FEDERAL REGULATIONS "Because this project activity is funded in whole or in part by the Federal Government, or an Agency thereof, Federal Law requires that the Applicant's contracts relating to the project include certain provisions. Depending upon the type of work or services provided and the dollar value of the resultant contract, some of the provisions set forth in this Section may not apply to the Contractor or to the work or services to be provided hereunder; however, the provisions are nonetheless set forth to cause this Contract to comply with Federal Law. Parenthetical comments in the following paragraphs are taken from 99 CFR §13.36(h) and (i)." A. Remedies. In the event that the 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 5 days after notice of default has been given by Applicant to Contractor, then Applicant 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 Applicant hereunder, or obtain damages caused to the Applicant 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. make no further disbursements, and demand immediate repayment from Proposer of any funds previously disbursed under this Agreement; d. terminate this Agreement by delivering to Contractor a written notice of termination; and /or e. take whatever other action at law or in equity maybe 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 Applicant 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 Applicant prevails against Contractor In a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by Applicant.. B. Termination for Cause. Applicant may terminate this contract as set out In the foregoing Section A (d). 20 29 C. Termination for Convenience. Applicant may terminate this Agreement at its convenience at any time and is effective upon issuance. Delivery may be made by mail, phone, fax or email. D. 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) E. 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) F. 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) G. 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) 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, 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 this Agreement, the Contractor is responsible for complying with requirements pertaining to copyright, as defined by the awarding agency. I. Access to Documents. Contractor shall exercise best efforts to maintain communication with Applicant's personnel whose involvement In the project is necessary or advisable for successful and timely completion of the work of the project, Including but 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. 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 Applicant, 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 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 Applicant, 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 Applicant's use of such documents on other projects. 3. Retention of Documents. 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. 21 30 K. The Contractor shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Cleah 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 hi excess of $100,000) L. Energy Efficiency Standards. The Contractor shall comply with mandatory standards and policies relating t� energy efficiency that are contained in the State Energy .Consei ation Plan issued pursuant to the Energy Policy and Conservation Act (Pub. L. 94 -163, 89 Stat. 871). [53 FR 8078, 8087, Mar. 11, 1986, as amended at 60 CFR 19639, 19645, Apr. 19, 1995] M. Bonding requirements. The minimum bonding requirements are as follows: (1) A hid guarantee from each bidder equivalent to five percent of the bid price. The " bid guarantee' shall consist of .a firm commitment such as a bid bond; certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. Prior to or at Contract execution, the contractor shall provide to the City; (2) A performance bond on the part of the contractor for 100 percent of the contract price. A "performance bond' is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. A payment bond on the part of the contractor for 100 percent of the contract price. A" payment bond' Is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for In the contract. (3) 22 31 1. EXHIBIT B INSURANCE SCHEDULE H City of Dubuque Insurance Requirements for Pollution Haulers Insurance Schedule H shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Providers presenting annual certificates shall present a Certificate at the end of each protect with the final billing. Each Certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent. 2. All policies of insurance required hereunder shall be with a carrier authorized to do business in Iowa and all carriers shall have a rating of A or better In the current A.M. Best's Rating Guide. 3. Each Certificate shall be furnished to the contracting department of the City of Dubdque, 4. Failure to provide minimum coverage shall not be deemed a waiver of the requirements by the City of Dubuque. Failure to obtain or maintain the required Insurance shall be considered a material breach of this agreement. 5. Subhauler and sub- subhaulers performing work or service for the primary hauler shall provide a Certificate of Insurance to the primary hauler per Exhibit I. 6. All required endorsements to various policies shall be attached to Certificate of Insurance. 7. Whenever specific 150 form Is listed, an equivalent form may be substituted subject to the provider identifying and listing In writing all deviations and exclusions that differ from the ISO form. S. Hauler shall be required to carry the minimum coverage/ limits, or greater if required by law or other legal agreement, in Exhibit I. Page 1 of 3 Schedule H, Pollution Haulers March, 2012.Doc 32 City of Dubuque Insurance Requirements for Pollution Haulers Insurance Schedule H (continued) Exhibit I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products - Completed Operations Aggregate Limit $1,000,600 Personal and Adyertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $ 50,000 Medical Payments $ 5,000 a) Coverage shall be written onah ottutienc°, not claims made, forth. Ail deVlationsfrom the standard 150 commercial general liability form CG 0001, or Business ownersform BP 0002, shall be clearly identified. b) Include ISO endorsement form CG 25 04 "Designated Locatlon(s) Generml Aggregate Limit" or CG 2503 "Designated Conitru tian Project (s) GeneralAggregate Limit" as appropria[e. c) Include endprsement indicating that coverage is primary and non -contributory. d) Include endorsement to preserve Govenimental Immunity. (Sample attached). el Include additional insured endorsementfor. The Cityef Dubuque, Including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and /oiauthoritiesandthalr board members, employees and volunteers. "Sing ISO form CG 2026. B) AUTOMOBILE LIABILITY $1,000,000 (Combined Single Limit) C) ENVIRONMENTAL IMPAIRMENT LIABILITY OR POLLUTION LIABILITY including transit • General Aggregate Limit $4,000,000 Each Occurrence limit $2,000,000 Policy shall include an additional insured endorsement for: The Clty of Dubuque, Including all Its elected and appointed officials, all its employees and volunteers, all its boards, commissions and /or authorities and their board members, employees and volunteers. D) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Coverage A Coverage B Statutory—State of Iowa Employers Liability Each Accident $100,000 Each Employee- Disease $100,000 Policy Limit- Disease $500,000 a) Policy shall include an endorsement providing a waiver of subrogation to the City of Dubuque. le) Coverage R limits shall be greater If required by Umbrella Carrier. E) Umbrella Liability $5,000,000 Page 2of3 Schedule H, Pollution_ Haulers March, 2012.Doc 33 City of Dubuque Insurance Requirements for Pollution Haulers Preservation of Governmental Immunities Endorsement Noriwaiver of Governmental Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of loWa Section 670.4 as it is now exists and as it may be amended from time to time 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it maybe amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense pf governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. 4. Non - Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN Page 3 of 3 Schedule H, Pollution Haulers March, 2012.Doc 34