FEMA Asbestos Survey and Monitoring_Old Mill and Manson RoadsTHE CITY OF
Dui
Masterpiece on the Mississippi
Dubuque
All- America City
II 111!
2012
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Authorizing Bids for Asbestos Survey and Monitoring for Flood- Damaged
Properties
DATE: January 28, 2013
Planning Services Manager Laura Carstens recommends City Council approval of the
bid specifications for asbestos survey and monitoring for the flood- damaged structures
at 1711 Old Mill Road and 1654 Manson Road.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
btitt44 kr,„709,,,
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
Masterpiece on the Mississippi
Dubuque
* * * **
All AmerlcaCIry
'VIII'
2012
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager -7k
SUBJECT: Authorizing Bids for Asbestos Survey and Monitoring for Flood -
Damaged Properties
DATE: January 28, 2013
INTRODUCTION
This memorandum transmits the bid specifications for asbestos survey and monitoring
for properties at 1711 Old Mill Road (single - family dwelling) and a structure at 1654
Manson Road (detached garage) that were damaged in the flood of July 2011. As part
of the process for demolition of these two structures, the bid specifications should be
approved by the City Council prior to sending out the documents to prospective bidders.
DISCUSSION
Planning and Legal staff have been working with ECIA to facilitate the buy -out of flood
damaged properties in the Manson Road /Old Mill Road area. One of these properties
has been demolished under FEMA's 403 Program which allows condemnation and
demolition prior to the City actually owning the property. The two properties for which
bids are being sought will be demolished under FEMA's 404 Program. The City will
take ownership of these properties prior to demolition. As part of the acquisition
process, asbestos survey and monitoring must be done.
RECOMMENDATION
I recommend the City Council approve the enclosed bid specifications for asbestos
survey and monitoring for the flood- damaged structures at 1711 Old Mill Road and 1654
Manson Road.
Thank you.
Enclosures
cc: Gus Psihoyos, City Engineer
Bob Schiesl, Assistant City Engineer
Rich Russell, Building Services Manager
Maureen Quann, Assistant City. Attorney
Kyle Kritz, Associate Planner
Nicole Turpin, ECIA
BID REQUEST FOR ASBESTOS SURVEY &
MONITORING OF ABATEMENT
FEMA funded §404 HMGP Buyout Program
Sealed Proposals Will Be Received Until 10:00 a.m. Wednesday February 27, 2013:
Sealed Bid — City of Dubuque Asbestos Survey & Monitoring of Abatement
East Central Intergovernmental Association
Attention: Nicole Turpin
7600 Commerce Park
Dubuque, Iowa 52002
No bids will be received after this time.
Bids will be publicly opened and read aloud at 10:30 a.m. Wednesday February 27, 2013 at the
East Central Intergovernmental Association (ECIA), 7600 Commerce Park, Dubuque, IA.
The RFB will be awarded Monday March, 18 2013, 6:30 p.m. at the City of Dubuque City Council
Meeting Chambers (350 W. 6th Street). A date and time will be selected to have the awarded asbestos
surveyor and abatement monitor sign the contract.
Minority and women -owned businesses are encouraged to participate. Bid guarantee in the amount of
5% of the bid amount must accompany each bid submitted. Bid security should be made payable to the
City of Dubuque as security that if awarded a contract the bidder will enter into a contact at the prices bid
and furnish the required A Certificate of Insurance within seven (7) days after the acceptance of the
proposal by the City of Dubuque and is required before contract award. Payment and performance bond
for 100% of the project is required. This invitation is given and published pursuant to authorization of the
City of Dubuque. The City of Dubuque reserves the right to reject any or all bids and to waive any
informality or irregularity.
If any questions, please contact:
EAST CENTRAL INTERGOVERNMENTAL ASSOCIATION
ATTN: REGIONAL PLANNING COORDINATOR, NICOLE TURPIN
7600 COMMERCE PARK
DUBUQUE, IA 52002
(563) 556 -4166
Email: nturpinecia.orq
1
The City of Dubuque is seeking certified asbestos surveyors and monitors to survey identifying asbestos
containing material (ACM) and monitoring of asbestos removal to be performed for the purpose of
preparing flood damaged "buyout" structures for demolition.
Bidding contractors must submit a copy of their current asbestos inspector's license issued by the State
of Iowa.
Scope of Work
1. The Contractor agrees to furnish all tools, labor and materials for the proposed asbestos
surveying and monitoring of abatement in accordance with all applicable plans, specifications,
codes and ordinances of the City of Dubuque, Iowa, Asbestos Statutes and Rules (published by
the Iowa Division of Labor), 40 CFR Part 61, NESHAP, and any other applicable Federal
Regulations, as well as all applicable State Regulations of the Iowa DNR. (Contractor must submit
a copy of their current unexpired Iowa permit /license to perform asbestos surveys and their Iowa
Contractor Registration). Work to be performed includes the following:
• Performing a comprehensive invasive, destructive investigation of all areas to locate and
identify asbestos containing materials (ACM), in each structure located at the address(es)
listed as Exhibit "A ", unless directed otherwise for a specific address.
• Taking an adequate number of samples to identify all ACM. Sampling is to be accomplished
by any means necessary; invasive and destructive techniques will be required in order to
thoroughly locate and identify all ACM. Visual sampling may be part of the process but alone
is not sufficient.
• Suspect materials will be sampled, submitted to and analyzed in a laboratory accredited by
NIST /NVLAP (National Institute of Standards and Technology/ National Voluntary Laboratory Accreditation
Program), AIHA (American Industrial Hygienic Association) or another accredited laboratory. Proposer
shall indicate the name of the Laboratory(ies) it intends to use and its accreditation with its
proposal
• Provide detailed individual reports for each address, which are to include the following:
o Property address
o Photo of each structure tested
o Date tested /sampled
o Name of inspector who collected the bulk samples
o Signature of inspector
o Copy of inspector's current license
o Name of Laboratory used for bulk sample analysis
• Bulk sample lab analysis sections of the reports must include:
o Client sample identification number
o Laboratory sample identification number
o Analytical technique used
o Laboratory quality control procedures
o Physical description of sample, as received
o Type(s) and estimated percentage of asbestos
o Type(s) and estimated percentage of non - asbestos fibers
o Type(s) (if known) and percentage of other components
o Date of analysis
o Name of bulk sample analyst
o Analyst's signature or other authorized laboratory signatory
• Provide written specifications for required asbestos abatement procedures
• Verifying the removal of ACM as outlined in your Survey Report through inspection and
providing clearance reports following completion
2
2. The firm conducting asbestos surveys and monitoring of abatement shall not be
eligible to perform asbestos abatement on those same properties. Bidder must
include a copy of their current license or permit from Iowa Workforce Development
as well as their current Iowa Contractor registration certificate with this submittal.
3. Payment for work completed shall be based on the following price: $
(This section must be completed), a Summary of the Bid Tabulations
Sheet(s) marked Exhibit "A ". If the foregoing total price differs from the actual amounts from
Bid Tabulation Sheets, the correct summation of the Bid Tabulation Sheet figures shall override.
All bids are on a "not to exceed" basis; changes in the scope of work will take the form of
written amendments. (See below)
Payment for work completed shall be based on:
• Labor and materials required for adequate surveying and sampling of any structures
purchased by the City as part of the HMGP Buyout Program. It is expected the Contractor
will take 20 -40 samples per structure to perform an adequate survey.
• The accompanying Bid Tabulation Sheet for each structure address assumes that 30
samples will be taken and all submittals are based on that number.
• Payment will be based on the actual number of samples taken and submitted in the
survey report; an amendment will be required to increase or decrease the contract
amount if the actual number of samples are greater or lesser than 30.
• Lab analysis of the samples submitted as outlined in #1.
• Monitoring, verification and reporting of abatement as set out in the resulting reports.
• Issuance of a final clearance letter to indicate successful abatement of asbestos, which
may require multiple inspections.
4. Non — adherence to bid specifications in the submission of required bid documents
may cause the entire bid to be considered non - responsive and may be thrown out.
The name of the laboratory(ies) to be used for this project is
and it's (their) accreditation is by
(failure to indicate this information will cause this submittal to be considered non - responsive.)
5. Bid evaluations will be made individually. Price will not be the sole determining factor in this
award. Other criteria as listed in "Bid Award Criteria" below will be considered, as well as any
other factors that the Applicant determines may affect the suitability of the bid for their
requirements. A Contractor's submission of a bid constitutes their acceptance of the evaluation
technique and their recognition and acceptance that the Applicant will use subjective judgment.
6. Award of the 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
substantial list (in no particular order of importance) of the criteria that will be used in our
determination of Bidder's responsibility and suitability:
• Satisfactory experience in the timely completion of asbestos surveys;
• Company's reputation and financial status;
• Past experience and service provided by the bidder to the Applicant;
• Favorable references from firms with projects of similar scopes that indicate that the bidder
has the ability to carry out the services and provide the products specified;
• Company's ability to meet the Applicant's insurance and bonding requirements;
• Strength of bidder's hiring and training programs
• Company's ability to immediately fully staff the project with certified, licensed staff; and,
3
• Strength of the company's safety program and history.
The Applicant reserves the right to accept or reject any or all bids; to request rebids; to waive
irregularities and technicalities in bids, such as shall best serve its requirements and interests.
If determined that a contract for some or the entire project should be awarded, the process of
awarding the Contract shall be as follows:
7. The Applicant shall determine which bidder has submitted the lowest and most responsive and
responsible bid, who has best met the bid criteria as set out above and make its
recommendation to the City Council. The bid award will be made no later than April 1, 2013.
The City Council shall consider a resolution awarding the contract and authorizing the Mayor to
sign this contract on behalf of the Applicant. No contract shall be deemed to be created and
exist, unless and until:
• the Applicant adopts a resolution awarding this contract and authorizing the Mayor to
execute this contract.
• The Mayor signs this contract.
• The Applicant issues a "Notice to Proceed" to the contractor. The Notice to Proceed shall
constitute authorization for the Contractor to commence the work.
8. If the Applicant determines that all the bids received should be rejected, the bidders shall be
notified by the Applicant accordingly. At that point, the Applicant may, or may not, re -bid the
project
9. The Contractor will be paid for all items satisfactorily completed. Such payment will be full
compensation for asbestos surveying, monitoring of abatement, clearance letters, all permits,
licenses, inspections, sampling, lab analysis, for complying with all laws, rules, regulations and
ordinances, including safety, and for furnishing all materials, equipment and labor to complete
the work in accordance with these plans and specifications.
10. Contractors shall familiarize themselves with the specifications and conditions which will affect
the project. It will be the responsibility of the Contractor to make a personal examination of the
job site and the physical conditions which may affect his bidding and performance under the
contract.
11. The work shall commence within five (5) days after being notified and Asbestos Surveys shall be
completed and within five (5) business days of notification.
12. Payment shall be requested in writing by the Contractor on a properly executed claim, bill or
statement. Payment will be made to the Contractor within forty-five (45) days after the
submittal of an invoice.
13. The Contractor shall not begin work on any surveying or monitoring until after the contract has
been approved by the City Council and a completely executed copy has been returned to the
Contractor with Notice to Proceed.
14. During the performance of this Contract, the Contractor for itself, its assignees and successors in
interest agrees to comply with the anti- discrimination laws of the State of Iowa, as contained on
Sections 19B, 551.4 of the Code of Iowa, which are herein incorporated by reference and made
a part of this Contract.
4
15. This Project is totally or partially funded by FEMA. FEMA and Iowa Homeland Security and
Emergency Management site monitor(s) may be present to observe and monitor survey
procedures at the worksite.
16. The successful bidder will protect and hold harmless the City, the US Government, FEMA, State
of Iowa, their agencies and agents from claims and damages of any kind arising out of the
performance of this contract.
17.In addition to the bid bond, performance and payment bonds mentioned in 19 (L) following, the
Contractor awarded this work must comply with the requirements set forth in the attached
Insurance Schedule C.
18. The Applicant reserves the right to reject any and all bids, to waive, what is in its sole opinion,
minor technicalities or irregularities of any type or nature. 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 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 proposal for a period not to exceed forty-five (45) calendar days from the date of receiving
bids.
19. Government - Mandated Provisions. 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 44 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 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:
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
5
e. take whatever other action at law or in equity may be necessary or desirable to enforce
the obligations and covenants of Contractor hereunder, including but not limited to the
recovery of funds.
No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or
waive the right of 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 and for Convenience. Applicant may choose to terminate this
Agreement at any time by delivering to Contractor five (5) days' advance written notice of intent
to terminate.
C. Contractor shall comply with Executive Order 11246 of September 24, 1965,
entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of
October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR
Chapter 60). (Applies to all construction contracts awarded in excess of $10,000 by
grantees and their contractors or subgrantees)
D. Contractor shall comply with the Copeland "Anti- Kickback" Act (18 U.S.C.
874) as supplemented in Department of Labor regulations (29 CFR Part 3). (Applies
to all contracts and subcontracts for construction or repair)
E. Contractor shall comply with the Davis -Bacon Act (40 U.S.C. 276a to 276A-
7) as supplemented by Department of Labor regulations (29 CFR Part 5). (Applies to
construction contracts in excess of $2,000 awarded by grantees and subgrantees
when required by federal grant program legislation, but does not apply to projects
paid for with disaster funding)
F. Contractor shall comply with Sections 103 and 107 of the Contract Work
Hours and Safety Standards Act (40 U.S.C. 327 -330) as supplemented by Department
of Labor regulations (29 CFR Part 5). (Applies to construction contracts awarded by
grantees and subgrantees in excess of $2,000, and in excess of $2,500 for other
contracts which involve the employment of mechanics or laborers)
G. 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.
H. 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
6
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.
I. Retention of Documents. Contractor shall maintain all project records for a
minimum period of five (5) years after the date of final payment for services rendered under this
Agreement.
3. The 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)
K. Energy Efficiency Standards. The Contractor shall comply with mandatory
standards and policies relating to energy efficiency that are contained in the State
Energy Conservation Plan issued pursuant to the Energy Policy and Conservation Act
(Pub. L. 94 -163, 89 Stat. 871). [53 FR 8078, 8087, Mar. 11, 1988, as amended at 60
FR 19639, 19645, Apr. 19, 1995].
L. Bonding requirements. The minimum bonding requirements are as follows:
(1) (1) A bid 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. Applicant
agrees to release this bond within seven (7) days of Contract award.
Upon award of the Contract, the Contractor must provide within seven (7) days:
(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.
(3) 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.
7
EXHIBIT "A"
INSERT LIST OF PROPERTY ADDRESSES
1). 1711 Old Mill Road
2). 1654 Manson Road (garage only)
EXHIBIT "B"
BID TABULATIONS
(complete one sheet per address)
Having examined the specifications contained herein, the sites of the proposed work, and being familiar with all of the conditions
surrounding the work of the proposed project, including the availability of labor, materials and equipment, licenses and permits, the
undersigned hereby proposes to perform in accordance with this Request For Bid at the prices stated. Applicant does not warrant or anticipate
a fixed number of samples to be taken at each site; the 30 samples indicated below will be used only as a measure for the Applicant to
compare bid submittals. Payment wi / /be based on the actual number ofsamp /es taken per the RFB.
Contractor agrees to commence work under this contract on a date specified in a written "Notice to Proceed" and to complete the work in the
time allotted.
Item number
Description
Unit Price
TOTAL
1
Site samples including lab analysis 30 samples X
$
$
2
Monitoring of abatement and report preparation
$
3
Post abatement inspection and clearance letter
$
Cost this address, not to exceed:
$
Address*
Contractor:
By:
9
DRAFT
CONTRACT
Project: HMGP Acquisition Program- Asbestos Survey
For the City of: Dubuque
Contractor:
Address:
City:
Phone Number:
DRAFT
THIS AGREEMENT, entered into this 18th day of March , 2013 , by and between
the City of Dubuque , Iowa (hereinafter referred to as "City" or "Applicant'),
and ,( hereinafter referred to as
"Contractor" or "Proposer ").
WHEREAS, the City requires asbestos removal to be performed for the purpose of preparing
structures for demolition in connection with the above identified project; and
WHEREAS, the City requires an asbestos survey identifying asbestos containing material (ACM)
and monitoring of asbestos removal; and
WHEREAS, the Contractor certifies to be an individual licensed by, or an entity permitted by
Iowa Workforce Development to perform asbestos surveys, is an Iowa registered Contractor, is
qualified and willing to perform the work required in accordance with standards and criteria
hereinafter set forth, and pursuant to the terms provisions and conditions hereof, and
WHEREAS, all bids will be publicly opened and read on February 27, 2013 at
10:30 a.m. O'Clock at ECIA
NOW THEREFORE, the parties hereto do mutually agree as follows:
1. The Contractor agrees to furnish all tools, labor and materials for the proposed asbestos
surveying and monitoring of abatement in accordance with all applicable plans,
specifications, codes and ordinances of the City of Dubuque , Iowa,
Asbestos Statutes and Rules (published by the Iowa Division of Labor), 40 CFR Part 61,
NESHAP, and any other applicable Federal Regulations, as well as all applicable State
Regulations of the Iowa DNR. Work to be performed includes the following:
10
• Performing a comprehensive invasive, destructive investigation of all areas to locate
and identify asbestos containing materials (ACM), in each structure located at the
address(es) listed as Exhibit "A ", unless directed otherwise for a specific address
• Taking an adequate number of samples to identify all ACM. Sampling is to be
accomplished by any means necessary; invasive and destructive techniques will be
required in order to thoroughly locate and identify all ACM. Visual sampling may be
part of the process but alone is not sufficient.
• Suspect materials will be sampled, submitted to and analyzed in a laboratory
accredited by NIST /NVLAP (National Institute of Standards and Technology/ National Voluntary
Laboratory Accreditation Program), AIHA (American Industrial Hygienic Association) or another
accredited laboratory. Proposer shall indicate the name of the Laboratory(ies) it
intends to use and its accreditation with its proposal
• Provide detailed individual reports for each address, which are to include the
following:
o Property address
o Photo of each structure tested
o Date tested /sampled
o Name of inspector who collected the bulk samples
o Signature of inspector
o Copy of inspector's current license
o Name of Laboratory used for bulk sample analysis
• Bulk sample lab analysis sections of the reports must include:
o Client sample identification number
o Laboratory sample identification number
o Analytical technique used
o Laboratory quality control procedures
o Physical description of sample, as received
o Type(s) and estimated percentage of asbestos
o Type(s) and estimated percentage of non - asbestos fibers
o Type(s) (if known) and percentage of other components
o Date of analysis
o Name of bulk sample analyst
o Analyst's signature or other authorized laboratory signatory
• Provide written specifications for required asbestos abatement procedures
• Verifying the removal of ACM as outlined in your Survey Report through inspection
and providing clearance reports following completion
2. The firm conducting asbestos surveys and monitoring of abatement shall not
be eligible to perform asbestos abatement on those same properties.
3. Payment for work completed shall be based on the following price: $
Payment for work completed shall be based on:
a. Labor and materials required for adequate surveying and sampling of any
structures purchased by the City as part of the HMGP Buyout Program. It is
expected the Contractor will take 20 -40 samples per structure to perform an
adequate survey.
11
b. The accompanying Bid Tabulation Sheet for each structure address assumes that
30 samples will be taken and all submittals are based on that number.
c. Payment will be based on the actual number of samples taken and submitted in
the survey report; an amendment will be required to increase or decrease the
contract amount if the actual number of samples are greater or lesser than 30.
d. Lab analysis of the samples submitted as outlined in #1.
e. Monitoring, verification and reporting of abatement as set out in the resulting
reports.
t Issuance of a final clearance letter to indicate successful abatement of asbestos,
which may require multiple inspections.
1. The Contractor will be paid for all items satisfactorily completed. Such payment will be
full compensation for asbestos surveying, monitoring of abatement, clearance letters, all
permits, licenses, inspections, sampling, lab analysis, for complying with all laws, rules,
regulations and ordinances, including safety, and for furnishing all materials, equipment
and labor to complete the work in accordance with these plans and specifications.
2. The work shall commence within five (5) days after being notified and Asbestos Surveys
shall be completed and within five (5) business days of notification.
3. Payment shall be requested in writing by the Contractor on a properly executed claim,
bill or statement. Payment will be made to the Contractor within forty -five (45) days
after the submittal of an invoice.
4. During the performance of this Contract, the Contractor for itself, it's assignees and
successors in interest agrees to comply with the anti - discrimination laws of the State of
Iowa, as contained on Sections 19B, 551.4 of the Code of Iowa, which are herein
incorporated by reference and made a part of this Contract.
5. This Project is totally or partially funded by FEMA. FEMA and Iowa Homeland Security
and Emergency Management site monitor(s) may be present to observe and monitor survey
procedures at the worksite.
6. The successful bidder will protect and hold harmless the City, the US Government,
FEMA, State of Iowa, their agencies and agents from claims and damages of any kind
arising out of the performance of this contract.
7. In addition to the bid bond, performance and payment bonds, the Contractor
agrees to maintain the following insurance in force during the term of this
contract and until released in writing by the Applicant:
• Commercial General Liability Insurance in the minimum amount of $1,000,000.00
• Automobile Liability Insurance in the minimum amount of $1,000,000.00
• Worker's Compensation and Employer LiabiI/ty Insurance in the minimum
amount of $1,000,00.00
12
• Pollution Liability Insurance in the minimum amount of $1,000,000.00
8. Government - Mandated Provisions. 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 44 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 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:
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 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 and for Convenience. Applicant may choose to
terminate this Agreement at any time by delivering to Contractor five (5) days'
advance written notice of intent to terminate.
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C. Contractor shall comply with Executive Order 11246 of September 24, 1965,
entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of
October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR
Chapter 60). (Applies to all construction contracts awarded in excess of $10,000 by
grantees and their contractors or subgrantees)
D. Contractor shall comply with the Copeland "Anti- Kickback" Act (18 U.S.C.
874) as supplemented in Department of Labor regulations (29 CFR Part 3). (Applies
to all contracts and subcontracts for construction or repair)
E. Contractor shall comply with the Davis -Bacon Act (40 U.S.C. 276a to 276A-
7) as supplemented by Department of Labor regulations (29 CFR Part 5). (Applies to
construction contracts in excess of $2,000 awarded by grantees and subgrantees
when required by federal grant program legislation, but does not apply to projects
paid for with disaster funding)
F. Contractor shall comply with Sections 103 and 107 of the Contract Work
Hours and Safety Standards Act (40 U.S.C. 327 -330) as supplemented by Department
of Labor regulations (29 CFR Part 5). (Applies to construction contracts awarded by
grantees and subgrantees in excess of $2,000, and in excess of $2,500 for other
contracts which involve the employment of mechanics or laborers)
G. 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.
H. 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
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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.
I. 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.
J. The 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)
K. Energy Efficiency Standards. The Contractor shall comply with mandatory
standards and policies relating to energy efficiency that are contained in the State
Energy Conservation Plan issued pursuant to the Energy Policy and Conservation Act
(Pub. L. 94 -163, 89 Stat. 871). [53 FR 8078, 8087, Mar. 11, 1988, as amended at 60
FR 19639, 19645, Apr. 19, 1995].
L. Bonding requirements. The minimum bonding requirements are as follows:
(1) (1) A bid 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. Applicant agrees to release this
bond within seven (7) days of Contract award.
The City hereby acknowledges receipt of:
(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.
(3) 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.
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Contractor is an: Individual Partnership Corporation Firm
Company Name:
By:
(Signature)
(Typed name)
Title:
Approved and Accepted by Applicant:
By:
(Signature)
(Typed name)
Title:
Date:
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1.
EXHIBIT "B"
Insurance Schedule C
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 project 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 Dubuque.
4. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of
Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of
this agreement.
S. Subcontractors and sub subcontractor performing work or service shall provide a Certificate of Insurance
in accord with Exhibit I.
6. All required endorsements to various policies shall be attached to Certificate of insurance.
7. Whenever a specific ISO 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.
8. Provider shall be required to carry the minimum coverage /limits, or greater if required by law or other
legal agreement, in Exhibit I.
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Insurance Schedule C (continued)
Exhibit 1
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products - Completed Operations Aggregate Limit $1,000,000
Personal and Advertising 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 on an occurrence, not claims made, form. All deviations from the
standard ISO commercial general liability form CG 0001, or Business owners form BP 0002,
shall be clearly identified.
b) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit"
or CG 25 03 "Designated Construction Project (s) General Aggregate Limit" as appropriate.
c) Include endorsement indicating that coverage is primary and non - contributory.
d) Include endorsement to preserve Governmental Immunity. (Sample attached).
e) Include additional insured endorsement for:
The City 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.
using ISO form CG 2026.
B) AUTOMOBILE LIABILITY $1,000,000 (Combined Single Limit)
C) 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.
b) Coverage B limits shall be greater if required by Umbrella Carrier.
D) UMBRELLA LIABILITY $1,000,000
E) PROFESSIONAL LIABILITY $1,000,000
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Preservation of Governmental Immunities Endorsement
1. Nonwaiver 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 Iowa 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 may be 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 of 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.
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