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HomeMy WebLinkAboutRES.2513.03-01-2010BILL NO. 10-25 RESOLUTION NO. ,-Z'571 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR LEAD INSPECTION SERVICES WITH TRUTEST ENVIRONMENTAL SOLUTIONS, LLC, FOR THE NEIGHBORHOOD STABILIZATION PROGRAM, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Contract for Lead Inspection Services with Trutest Environmental Solutions, LLC, for the Neighborhood Stabilization Program, in the City of Cape Girardeau, Missouri. A copy of said Contract is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS �`r DAY OF 20 l) ATTEST: Gayle( )L. Conrad, City Clerk VJB.�Knudtson, Mayor City of Cape Girardeau Contract for Lead Inspection Services For the Neighborhood Stabilization Program THIS AGREEMENT, made and entered into this day of , 2010, by and between the City of Cape Girardeau, Missouri, a municipal corporation, hereinafter referred to as "City" with offices at City Hall, 401 Independence Street, P. O. Box 617, Cape Girardeau, Missouri 63702-0617, and Trutest Environmental Solutions, LLC, P. O. Box 632, Jackson, Missouri 63755, hereinafter referred to as the "Contractor". WITNESSETH: THAT, WHEREAS, the City desires to engage the Contractor to render certain professional and technical services hereafter -described in Exhibit A. WHEREAS, the Contractor made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal to enter into a contract with the Contractor for the performance of services by the Contractor. NOW, THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Contractor as follows: 1. Scope of Services: The City agrees to engage the services of the Contractor to perform the services hereinafter set forth in connection with project described in Exhibit A. 2. Additional Services: The City may add to Contractor services or delete therefrom activities of a similar nature to those set forth in Exhibit A. The Contractor shall undertake such changed activities only upon the direction of the City. All such directives and changes shall be in written form and approved by the City and shall be accepted and courtersigned by the Contractor or its agreed representatives. 3. Existing Data: all information, data and reports as are existing, available and necessary for the carrying out of work, shall be furnished to the Contractor without charge by the City, and the City shall cooperate with the Contractor in every reasonable way in carrying out the scope of services. The Contractor shall not be liable for the accuracy of the information furnished by the City. 4. Personnel to be Provided: The Contractor represents that contractor has or will secure at its expense all personnel required to perform the services called for under this contract by the Contractor. Such personnel shall not be employees of or have any contractual relationship with the City except as employees of the Contractor. All of the services required hereunder will be performed by the Contractor or under the Contractor's direct supervision and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. None of the work or services covered by this contract shall be subcontracted except as provided in Exhibit A without written approval of the City. Page 1 5. Notice to Proceed: The services of the Contractor shall commence as directed by the City and shall be undertaken and completed in accordance with the schedule contained in Exhibit A. 6. Compensation: The City agrees to pay the Contractor an amount in accordance with Exhibit "A", which shall constitute complete compensation for all services to be rendered under this contract. The final payment will be subject to receipt of a requisition for payment and a statement of services rendered certifying that the Contractor fully performed all work to be paid for in such progress payments in conformance with the contract. Such compensation will be paid in progress payments billed to the City for documented time and materials spent on the project based on the Contractor's January 20, 2010 fee schedule as provided in Exhibit A. No change in compensation shall be made unless there is a substantial and significant difference between the work originally contemplated by this agreement and the work actually required. 7. Failure to Perform/Cancellation: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective day of such termination. 8. Assi nment: The Contractor shall not assign any interest in this contract, shall not transfer any interest in the same (whether by assignment or notation), without prior written consent of the City thereto. Any such assignment is expressly subject to all rights and remedies of the Cit under this agreement, including the right to change or delete activities from the contract or to terminate the same as provided herein, and no such assignment shall require the City to give any notice to any such assignee of any actions which the City may take under this agreement, though City will attempt to so notify any such assignee. 9. Confidentiality: Any reports, data or similar information given to or prepared or assembled by the contractor under this contract which the city requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without prior written approval of the City. 10. Equal Employment Opportunity: The Contractor agrees in the performance of the Contract not to discriminate on the grounds or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age or political affiliation, as further defined in Exhibit B, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 11. Civil Rights: The Contractor agrees in the performance of the contract to comply with all civil rights laws and regulations that are summarized in Exhibit B. 12. Certification Regarding Debarment Supension, and Other Responsibility Matters -Primary Covered Transactions that are summarized in Attachment "C". 13. Independent Contractor: The Contractor is an independent Contractor and nothing herein shall constitute or designate the Contractor or any of its employees as agents or employees of the City. Page 2 14. Benefits not Available: The Contractor shall not be entitled to any of the benefits established for the employees of the City nor be covered by the Workmen's Compensation Program of the City. 15. Liability: The parties mutually agree to the following: a. In no event shall the City be liable to the Contractor for special, indirect, or consequential damages, except those caused by the City arising out of or in any way connected with this contract. The maximum liability of the City shall be limited to the amount of money to be paid or received by the City under this contract. b. The Contractor shall defend, indemnify, and hold the City harmless from and against all claims, losses, and liabilities arising out of personal injuries, including death, and damage to property which are caused by the Contractor arising out of or in any way connected with the contract. 16. Nonsolicitation: The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the City shall have the right to annul this Contract without liability, or in its discretion, to deduct from the Contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gifts, or contingent fee. 17. Notices: All notices required or permitted hereunder and required to be in writing may be given by first class mail addressed to City of Cape Girardeau, City Hall, Division of Planning Services, 401 Independence Street, P. O. Box 617, Cape Girardeau, Missouri 63702-0617, and Trutest Environmental Solutions LLC., P. O. Box 632, Jackson, Missouri 63755. The date and delivery of any notice shall be the date falling on the second full day after the day of its mailing. EXECUTED THIS DAY OF TRUTEST ENVIRONMENTAL SOLUTIONS, LLC Mark S. Bonney ATTEST: Name, Title 2010. CITY OF CAPE GIRARDEAU, MISSOURI Scott A. Meyer, City Manager ATTEST: Gayle L. Conrad City Clerk Page 3 (e) COST OF SERVICES BID PROPOSAL Lead Hazard Inspection 1. Lead Hazard Screening per Residential Property 2. Lead Sample Analysis (per sample cost) 3. Lead Clearance Testing and Report 3a. Lead Sample Analysis (per sample cost) City of Cape Girardeau, MO Inspection Services Proposal $250.00 $15.00 $160.00 $15.00 Asbestos Inspection 4. Asbestos Inspection Lump Sum Residential Property $175.00 5. Asbestos Sampling Analysis $12.00 6. Asbestos Clearance Sampling $215.00 6a. Asbestos Clearance Analysis Sampling (per sample) $25.00 Note: 5 samples are required for clearance. Mold Screening 7. Mold Screening per Residential Property $125.00 8. Mold Testing Analysis (cost per sample) $40.00 9. Mold Clearance Testing $125.00 9a. (Mold Testing Clearance Analysis per sample costs) $40.00 Note a minimum of two samples are required Radon Inspection 10. Radon Testing per Residential Property $100.00 Note; utilizing short term radon canister for 48 hr period 11. Radon Testing Analysis (cost per sample) $25.00 Note a minimum of two samples are needed. 12. Radon Clearance Testing $100.00 12a. (Mold Testing Clearance Analysis per sample costs) $25.00 Note a minimum of two samples are required The proposal is valid for 2010 & 2011 Any questions regarding this bid proposal feel free to give me a call at 573-332-0484. Respectfully Submitted, MartfBonney��� FY2009 CDBG Administrative Manual Civil Rights SUMMARY OF CIVIL RIGHTS LAWS, EXECUTIVE ORDERS, AND REGULATIONS CDBG grantees must assure that all project activities will be administered in compliance with civil rights laws and regulations. The following are summaries of those parts of the civil rights laws and regulations that are applicable to CDBG activities. Title VI of the Civil Rights Act of 1964 provides that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Title VIII of the Civil Rights Act of 1968, as amended, provides that no person shall, on the basis of race, color, religion, sex, national origin, handicap, or familial status, be discriminated against in housing (and related facilities) provided with Federal assistance or lending practices with respect to residential property when such practices are connected with loans insured or guaranteed by the Federal Government. Section 109 of the Housing and Community Development (HCD) Act of 1974, as amended, provides that no person in the United States shall, on the ground of race, color, national origin, religion, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under Title I of the Housing and Community Development Act of 1974. Section 3 of the Housing and Urban Development Act of 1968, as amended, provides that, to the greatest extent feasible, opportunities for training and employment shall be given to recipients of public housing and lower-income residents of the unit of local government or the metropolitan area (or non -metropolitan county) in which the project is located. Contract work in connection with such projects shall be awarded to business concerns which are owned in substantial part by persons residing in the same metropolitan area (or non -metropolitan county) as the project, employ Section 3 residents in full-time positions, or subcontract with businesses which provide economic opportunities to lower income persons. Section 503 of the Rehabilitation Act of 1973, as amended, provides for nondiscrimination in contractor employment. All recipients of Federal funds must certify Affirmative Action for Handicapped Workers in all contracts issued: 1. The contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices, such as employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 2. The contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 3. In the event of the contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 4. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the contractor's obligation under the law to take V-9 FY2009 CDBG Administrative Manual Civil Rights affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment and the rights of applicants and employees. 5. The contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding that the contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973 and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. 6. The contractor will include the provisions of this clause in every subcontract or purchase order of $2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontractor or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance. Section 504 of the Rehabilitation Act of 1973, as amended, provides for nondiscrimination of an otherwise qualified individual solely on the basis of his/her handicap in benefiting from any program or activity receiving Federal financial assistance. All recipients must certify to compliance with all provisions of Section 504. Age Discrimination Act of 1975 provides that no person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Executive Order 11063, as amended, directs all departments and agencies to take all action necessary and appropriate to prevent discrimination in housing and related facilities owned or operated by the Federal Government or provided with Federal financial assistance and in the lending practices with respect to residential property and related facilities (including land to be developed for residential use) of lending institutions, insofar as such practices relate to loans insured or guaranteed by the Federal Government. Executive Order 11246, as amended, provides that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin in any phase of employment during the performance of Federal or federally assisted construction contracts in excess of S 10,000. Grantees shall comply with Executive Order 11246, as amended by Executive Order 12086, and the regulations issued pursuant thereto (41 CFR Chapter 60), which provide that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin in all phases of employment during the performance of Federal or Federally assisted construction contracts. As specified in Executive Order 11246 and the implementing regulations, contractors and subcontractors on Federal or Federally assisted construction contracts shall take affirmative action to ensure fair treatment in employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training and apprenticeship. Section 106(d)(5)(B) of Title I of the Housing Community Development Act of 1974, as amended, provides that the grantee will affirmatively further fair housing. Section 519 of Public Law 101-144 (the 1990 HUD Appropriations Act) requires each unit of general local government which receives Title I funds to adopt and enforce a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations. Section 906 of the Cranston -Gonzales National Affordable Housing Act, as amended by subsection 104(1) of the HCD Act of 1974, states that no CDBG funds may be obligated or expended to any unit of general local government that fails to adopt and enforce a policy of prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non - V -10 FY2009 CDBG Administrative Manual Civil Rights violent civil rights demonstrations or fails to adopt and enforce a policy of applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstration within its jurisdiction. Note: Unlike the similar prohibition in the 1990 HUD Appropriations Act, Section 906 clearly applies to all units of general local government, including counties. V-11 FY2009 CDBG Administrative Manual Civil Rights A GUIDE TO CIVIL RIGHTS LAWS AND THEIR APPLICABILITY TO VARIOUS CDBG-FUNDED ACTIVITIES Benefits, Services, Methods ofAdministration * Title VI, Civil Rights Act of 1964 * Section 109, Housing and Community Development (HCD) Act of 1974, as amended * Section 504, Rehabilitation Act of 1973, as amended * Age Discrimination Act of 1975, as amended * Section 104, HCD Act of 1974, as amended Housing and Related Facilities Employment Contracting (Business Opportunities) Displacement/Relocation * Title VIII, Civil Rights Act of 1968, as amended (Federal Fair Housing Law) * Executive Order 11063, as amended * Section 104, HCD Act of 1974, as amended * Section 109, HCD Act of 1974, as amended * Section 3, Housing and Urban Development Act of 1968, as amended * Executive Order 11246, as amended * Sections 503 and 504, Rehabilitation Act of 1973, as amended * Section 109, HCD Act of 1974, as amended * Section 3, HCD Act of 1968, as amended * Title VI, Civil Rights Act of 1964 * Section 109, HCD Act of 1974, as amended * Title VIII, Civil Rights Act of 1968, as amended * Section 104, HCD Act of 1974, as amended V-12 ATTACHMENT C CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to famish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was. erroneous when submitted or has become erroneous by reason of changed circumstances. S. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," "proposal" and "voluntarily excluded," as used in this clause, have the meanings set. out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. T. The prospective primary participant further agrees by submitting this proposal that it w�'? .include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transaction" provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the Nonprocurement List (Tel. 9). 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the departrr _ or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Q. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. Fig. 6 -1 - 2 Revised 01-01-09 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Fig. 6 - I - 3 Revised 01-01-09