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Asbestos Survey and Monitoring Abatement_Old Mill, Manson RoadsMasterpiece on the Mississippi Dubuque kital All- America City II h/ 2012 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Asbestos Survey and Monitoring of Abatement Contract Award for FEMA Buy -Out Program DATE: March 7, 2013 Two bids were received for Asbestos Survey and Monitoring of Abatement for the flood - damaged properties at 1711 Old Mill Road and 1654 Manson Road (garage). Planning Services Manager Laura Carstens recommends City Council approval of the award to Carno ATC for a not to exceed bid of $1,475 for 35 samples and all required reports, with any additional samples at a cost of $18.00 per sample. I concur with the recommendation and respectfully request Mayor and City Council approval. kr,„ 7)4, 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 an the Mississippi Dubuque All-America City ''III, 2012 TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager /Cc-- SUBJECT: Asbestos Survey and Monitoring of Abatement Contract Award for FEMA Buy -Out Program DATE: March 13, 2013 INTRODUCTION This memorandum transmits the bids received for Asbestos Survey and Monitoring of Abatement for the flood- damaged properties at 1711 Old Mill Road and 1654 Manson Road (garage) for City Council award of the contract under the Federal Emergency Management Agency's (FEMA) 404 Buy -Out Program. The FEMA 404 Program provides fund for the City to demolish flood- damaged properties. Enclosed is a letter from Nicole Turpin, Regional Planning Coordinator for the East Central Intergovern- mental Association (ECIA) and supporting documentation. DISCUSSION Planning staff continues to work with ECIA to facilitate the buy -out of two remaining flood- damaged properties in the Manson Road /Old Mill Road area. The first property is at 1711 Old Mill Road and is the white house located on the south side of the Old Mill Road Bridge. The second structure is the detached garage at 1654 Manson Road. The house at 1654 Manson Road has already been taken down through FEMA's 403 Program which provided funds to the City to demolish flood- damaged structures prior to taking ownership. Under the 404 Program, both properties will be under City ownership prior to demolition of the structures. The following bids were received for asbestos survey and monitoring of abatement for the subject properties: 1. Cardno ATC, Waterloo, IA — not to exceed bid of $1,475 for 35 samples and all required reports; any additional samples will be at cost of $18.00 /sample. 2. Hawkeye Environmental, Solon, IA — not to exceed bid of $1,475 for 35 samples and all required reports; any additional samples will be at cost of $25.00 /sample. RECOMMENDATION ECIA Regional Planning Coordinator Nicole Turpin is recommending that Cardno ATC be awarded the contract since they have the lowest sample rate of $18 /sample. Memo to Michael Van Milligen Abatement Contract Award for FEMA Buy -Out Program March 13, 2013 Page 2 Ms. Turpin indicates that since the bid specifications were written that additional samples may be needed depending on what the asbestos inspector finds, that the lower sample rate of $18 /sample will yield the lower overall project cost. Staff concurs with this recommendation. REQUESTED ACTION The requested action is for the City Council to award the Asbestos Survey and Monitoring of Abatement contract to Cardno ATC to allow for surveying and monitoring of the properties at 1711 Old Mill Road and 1654 Manson Road through the FEMA 404 Buy -Out Program. Enclosures Prepared by: Kyle L. Kritz, Associate Planner cc: Rich Russell, Building Services Manager Gus Psihoyos, City Engineer Ken Tekippe, Finance Director Barry Lindahl, City Attorney Nicole Turpin, ECIA F:I USERS1 Mre ttenb1WP1COUNCILV4EMOWsbestos Survey & Monitoring Abatement Contract Award MVM memo.doc East Central Intergovernmental Association a regional response to local needs March 5, 2013 Laura Carstens Planning Services Manager City of Dubuque 50 W. 13th Street Dubuque, Iowa 52001 Dear Laura: • The bids submitted for Asbestos Survey and Monitoring of Abatement for the properties located at 1711 Old Mill Road and1654 Manson Road (garage) are as follows: 1). Cardno ATC., Waterloo, IA — Not to exceed bid of $1,475 for 35 samples at $18.00 per sample. 2). Hawkeye Environmental, Solon, IA -- Not to exceed bid of $1,475 for 35 samples at $25.00 per sample. For more detail please see the attached bid tabulation recap sheet. Monitoring of abatement and report preparation and post abatement inspection and clearance letter are fixed costs. The bid states that the contractor is paid based on the number of samples actually taken with a minimum of 35 samples for the total project. Both firms have completed FEMA projects that ECIA has administered previously and both firms completed the projects without any issues. Since the bid specifications are written that additional samples may be needed depending on what the asbestos inspector finds, I would recommend Cardno ATC, since they have the lowest sample rate of $18.00 per sample. If you have any questions please feel free to contact me. Sincerely, C Nicole Turpin Regional Planning Coordinator Dubuque Metropolitan Area Transportation Study I [cistern Iowa Development Corporation I Eastern Iowa Regional Utility Services System I Eastern Iowa Regional Housing Authority I [CIA Business Growth, Inc. I I Region 1 Employment and Training I ECIA Regional Planning Affiliation I Region 8 Regional Transit Authority 1 7600 Commerce Park, Dubuque, IA 52002 I www.ecia.org I ecia @ecia.org I I 563.556,4166 I Iowa only: 800.942.4648 I Relay Iowa 800.735.2943 I f: 563.556.0348 I ASBESTOS SURVEY FOR: City of Dubuque Cardno ATC Hawkeye Environmental Est. Quant. lUnit Price Price Ext. Est. Quant_ 'Unit Price I Price Ext. Address 1: 1711 Old Mill Road ■ Site samples including lab analysis 30 samples 30! $18.00 $540.00 30! $25.00 $750.00 Monitoring of abatement & report preporation 1 ! $260.00 $260.00 2.5 $60.00' $150.00 Post abetment inspection and clearance letter 1 $195.00 $195.00 2.5 $60.001 $150.00 Total Bid Address 1 j $995.00 $1,050.00 Address 2: 1654 Manson Road 1 Site samples including lab analysis 30 samples 5 $18.00 $90.00 5 $25.00 $125.00 Monitoring of abatement & report preporation 1 $195.00 $195.00 2.5 $60.00 $150.00 Post abetment inspection and clearance letter 1 $195.00. $195.00 2.5 $60.00 $150.00 Total Bid Address 2 $480.00 i $425.00 TOTAL BID ALL ADDRESSES $1,475.00 $1,475.00 CONTRACT Project: HMGP Acquisition Program- Asbestos Survey For the City of: Dubuque Contractor: Cardno ATC Address: 223 East 4th Street Suite D City: Waterloo, IA 50703 Phone Number: 319 - 233 -0441 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 Cardno ATC ,( 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: • 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: $ 1,475.00 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. 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. f. 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 Liability Insurance in the minimum amount of $1,000,00.00 • 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. 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 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. This contract is subject to Contractor obtaining and delivering to City the performance bond, payment bond, and certificate of insurance acceptable to City before 5:00 p.m. on April 8, 2013. If Contractor does not obtain and deliver to City the performance bond, payment bond, and certificate of insurance before 5:00 p.m. on April 8, 2013, the City, in its sole discretion, may declare this contract null and void by written notice delivered to Contractor. Contractor shall not commence any work on the project until such performance bond, payment bond, and certificate of insurance have been obtained and delivered to City and approved by City, and notice to proceed has been issued to Contractor. Contractor is an: Individual Partnership Corporation Firm Company Name: Cardno ATC By: (Signature) Gaylen Hiesterman (Typed name) Title: Operations Manager Approved and Accepted by Applicant: By: (Signature) Michael C. Van Milligen (Typed name) Title: City Manager (t)°?/0 Date: (t)°?/0 EXHIBIT "B" Insurance Schedule C 1. _Cardno ATC 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. 5. 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. Insurance Schedule C (continued) Exhibit I 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 E) PROFESSIONAL LIABILITY $1,000,000 $1,000,000 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.