request for proposals #2101 city of alexandria’s …

REQUEST FOR PROPOSALS #2101City of Alexandria’s Community Development Department

Lead-Based Paint Inspections, Risk Assessment and Dust Clearance Samples

I. INTRODUCTION – RFP #2101The City of Alexandria’s Community Development Department (CmDv) is soliciting proposals from EnvironmentalServices Consultants to provide Lead-Based Paint inspections, soil sampling, risk assessments and clearance dustsampling services within the City limits of Alexandria, Louisiana, in accordance with the terms, conditions, andspecifications contained in this document. Applicants shall be certified by Louisiana Department of EnvironmentalQuality (LDEQ) in accordance with (LAC 33:III, Chapter 28) and US Department of Housing and Urban Development(HUD) regulations, including 24 CFR Parts 55 and 58, related to the use of Lead Hazard Reduction Program funds.These services shall include and incorporate work to be performed in residential structures that may be owner ortenant occupied. CmDv desires to contract with a firm that is familiar with the Federal regulations, State laws, Cityordinances and Departmental processes to demonstrate specific knowledge of and experience to provide lead-based paint hazard related services.

II. HUD’s LEAD HAZARD REDUCTION GRANTThe City was awarded a Lead Hazard Reduction Grant through HUD’s Office of Lead Hazard Control and HealthyHomes (OLHCHH) in the amount of $2,990,976.00 and began implementation on January 4, 2021. All HUD actionand clearance dust levels apply to inspections. The links below to HUD guidelines can provide additional informationto interested Consultants.

www.hud.gov/offices/lead/lbp/hudguidelines/Ch05.pdf

https://portal.hud.gov/hudportal/documents/huddoc?id=lbph09.pdf

https://portal.hud.gov/hudportal/documents/huddoc?id=ch15_clearance_121212.pdf

The forty-two (42) month grant shall expire on June 30, 2024. CmDv is obligated to qualify a minimum of 125residential structures for lead-based paint remediation services in pre-1978 housing units, through the programwith a cap on Consultant spending for requested services. After qualification and evaluation, individual PropertyOwners will contract with an EPA certified Lead-Based Paint Renovation, Repair and Paint (RRP) Contractor toperform the work with the City financing the remediation costs. The Consultant selected through this RFP will notbe allowed to participate in the separate RFP for Remediation / Abatement services.

III. RFP PROGRAM MANAGER CONTACT and DEADLINESComplete RFP packet may be obtained at the City of Alexandria’s website. There is no charge to download biddocuments. Visit www.cityofalexandriala.com/rfp.

Postal and physical mail submittals shall be addressed to: Other acceptable submittal methods:City of Alexandria, Community Development Department Email: [email protected]: Natali Monrreal, Lead Program Manager Fax: 318-449-5031625 Murray Street, Suite 7 (mailing), Alexandria, LA 71301 Phone: 318-449-5076625 Murray Street, Third Floor (physical), Alexandria, LA 71301

The following timelines will regulate this RFP. However, the City reserves the right to revise this schedule as neededand any such revisions will be formalized by an addendum to the RFP.

Task Description Deadline DateRFP published in Town Talk and posted to COA website July 30, 2021RFP published in Town Talk #2 advertisement August 8, 2021Deadline for submitting written inquiries August 9, 2021 at 4:00 pm CSTDeadline for CmDv to respond to written inquiries August 13, 2021 at 4:00 pm CSTDeadline for submitting a RFP proposal August 20, 2021 at 9:00 am CSTNotice of Intent to Award Issued no later than September 3, 2021Contract Start Date No later than October 5,2021

Any inquiries or questions submitted in writing after the deadline date above will not receive a response. Inquiriesshall clearly reference the section of the Proposal about which the Consultant is seeking clarification. No questionsor clarifications will be made over the phone or in-person communication. It is imperative that all participatingConsultants work with the same knowledge base. Questions that result in modifications to the RFP’s specificationswill be in the form of a written addendum.

IV. SUBMISSION REQUIREMENTSFaxed, emailed, mailed or delivered responses will be acceptable due to COVID-19 pandemic. However, it isrecommended that all proposals be submitted via sealed bid through certified mail, physical or other commercialcourier services so the Consultant will have a written record of the timely delivery. Please allow adequate time forphysical delivery. Late deliveries will be rejected and disqualified.

The subject line if emailed, or the outside of the envelope, box or package must be CLEARLY MARKED with the nameof the RFP, the Consultant’s name and the Consultant’s CmDv Contractor Registration number.

A completed proposal packet shall be typed with a minimum of 10 point Arial font, single spaced, and a maximumof eight (8) pages total. Attachment #1 and #2 of this document are also required, completed submittals to beadded at the end of the eight (8) page packet and responses shall be typed or legibly printed and bound withinspace provided on these two (2) attachments. These two (2) forms cannot be substituted nor will additional sheetswill be accepted. The entire proposal submittal shall be ten (10) pages total.

All properly submitted RFP responses will be opened and evaluated based on the criteria established in thisdocument. The RFP is intended to determine one (1) qualified Consultant and their set fee pricing for each scopeof work task proposed.

V. PROPOSAL CONTENTThe first eight (8) pages of the proposal packet must contain the following information:

1. A description of the organizational structure of the firm with a statement on the notification time torender the desired services. Include firm’s certificates and licenses required in Article VIII.

2. A detailed description of any litigation resulting from use of the firm’s services.

3. Include brief resumes of all professional individuals who will be responsible for the project and providethese services for the City. Include personnel proof of training and relevant certificates and licensesrequired in Article VIII.

4. Type of XRF device(s) to be used including manufacturer name, model, and serial number, and astatement of device(s) availability. Allow Protec LPA-1 XRF Lead Paint Analyzer serve as the productstandard or equivalent. Include a copy of Radiation Safety Program.

5. Provide a copy of a completed HUD lead-based paint Risk Assessment Report completed for a client /municipality who participated in HUD’s Lead Hazard Reduction Grant. The municipality’s informationcan be redacted. This document will not be included in the ten (10) page maximum count.

6. Any other information the Consultant believes would assist the CmDv Lead Safe Program in itsevaluation.

The last two required Attachments #1 and #2 shall contain:

7. A completed form for Consultant Qualifications in Attachment #1. This shall list Consultant contactinformation, mailing address, phone number, Contractor Registration number, EPA license /Certification number, number of Certified Personnel, equipment inventory, potential Sub-contractors,and 3 government references.

8. A completed Consultant Fee Schedule in Attachment #2.

a. All prices should include the total cost for completing the requested services, includingpreparation time, travel time, any mileage allowance, time on site, and time to complete therequired reports and send the dust samples to the lab.

b. Prices must be provided for all items or the proposal will not be considered. No alternativepricing structures will be considered.

c. Consultant shall provide a base inspection price to test a single family home or the first unit andexterior of multi-family buildings. The second price would be for additional units (per unit) inmulti-family buildings.

d. Please also provide a “per room” rate for use when interior common spaces are encountered.e. Billing the “per room” charge will be limited to those interior common rooms in which at least

five (5) components must be tested.

VI. EVALUATION CRITERIAAll proposals will be reviewed to determine compliance with administrative and mandatory requirements specifiedin this document. Proposals not in compliance will be rejected and disqualified from further consideration.Evaluation shall be based only on the material contained in this RFP.

A RFP evaluation committee comprised of City staff will evaluate all Consultant qualifications based on theEvaluation Score Methodology chart below.

Evaluation Score Methodology Max PointsAvailable

Company years in business for services requested. 15 pointsCapacity of readily accessible labor and equipment inventory. 20 pointsCapacity to perform the work without engaging in the use of any subcontractors. Ifsubcontractors will be utilized, provide their names and contact phone numbers.

10 points

Provide three (3) examples of projects completed for other municipalities, towns and/orparish government with a contact person’s name and phone number for reference.

10 points

Consultant’s office / home base location for proximity, accessibility and mobilization toAlexandria.

10 points

Past work history with CmDv on remediation projects in the past five (5) years. 20 pointsFair and reasonable market rate fee schedule 15 pointsTotal Maximum Possible Score: 100 points

The City will then select a maximum of the top three (3) highest ranked Consultants based off of proposal submitted.The fee schedules, Attachment #2, for those Consultants will be reviewed to identify the lowest responsible,responsive price per task. CmDv may define a set fee schedule per task based on existing cost data and submittedfee schedules. CmDv will then extend the offer to engage with the highest scoring applicant based on set pricing.CmDv may elect to collectively negotiate set prices, if necessary. If an agreement cannot be reached with any ofthe top three (3) highest ranked Consultants, then CmDv will notify the Consultants and terminate negotiations.The remaining Consultants may be contacted for negotiations. This process may continue until successfulnegotiations are achieved. If all efforts are exhausted, an RFP may be published. The City may also requireadditional or oral presentations as deemed necessary.

VII. MINIMUM PREREQUISITESTo be considered for award of this contract, the prime Consultant must satisfy the following minimum prerequisites,in addition to the certificates, licenses and requisites defined as qualifications for submittal (Article VIII):

1. Hold and provide current / active Certificates of Insurance for the following required insurance coverages,which are to remain in force at all times during the contract period. It shall be the Consultant’s responsibilityto ensure that any sub-contractor(s) hired also have the same insurance coverages. The City reserves the rightto request additional insurance coverage or terms during the contract negotiation period. The cost of anyinsurance deductibles shall be borne by the Consultant.

a. Commercial General Liability Insurance covering premises-operations, products-completedoperations, independent Contractors and contractual liability. Minimum combined single limit bodilyinjury/property damage coverage shall be $1,000,000. Property Damage liability shall be $1,000,000each occurrence.

i. Prior to the execution of the PSA, the Consultant shall have the City added as an “AdditionalInsured” with regard to General Liability Insurance and shall provide a current Certificate ofInsurance as confirmation of the same. The City shall receive ten (10) day notice ofcancellation of any required coverage.

b. Workers’ Compensation Insurance pursuant to Louisiana Law.c. Commercial automotive liability insurance coverage, not less than the minimum State Law

requirements, on all vehicles being used on this project in the contract award. The Consultantand/or Subcontractors shall be prohibited from using personal vehicles for onsite services.

d. Cyber Liability Insurance, including first-party costs, due to an electronic breach that compromisesthe City’s confidential data, shall have a minimum limit per occurrence of $1,000,000. Claims made

coverage is acceptable. The date of the inception of the policy must be no later than the first dateof the anticipated work under the contract. It shall provide coverage for the duration of the contractand shall have an expiration date no earlier than 30 days after the anticipated completion of thecontract. The policy shall provide an extended reporting period of not less than 36 months from theexpiration date of the policy, if the policy is not renewed. The policy shall not be cancelled for anyreason, except non-payment of premium.

e. An Umbrella Policy or excess may be used to meet minimum insurance requirements.i. The acceptance of completed work, payment, failure of the City to require proof of

compliance, or the City’s acceptance of a non-compliant certificate of insurance shall notrelease the Contractor from the obligations of the insurance requirements orindemnification agreement.

ii. The insurance companies issuing the policies shall have no recourse against the City forpayment of premiums or for assessments under any form of the policies.

iii. Any failure of the Consultant to comply with reporting provisions of the policy shall notaffect coverage provided to the Corporation, its officers, directors, agents, employees andvolunteers.

2. Consultant must provide written proof that they are not listed as an EPLS (Excluded Parties List System) onthe Federal Government’s SAM’s (System for Award Management) website at www.sam/gov/portal/sam .Any bidder that is found listed on SAM’s as in violation, shall automatically be rejected from biddingprivileges, CmDv Qualified Contractor Registration and/or bid award, by Category and/or in its entirety.

3. Consultant must already have a COA / CmDv Contractor Registration number on file or must complete anapplication at least three (3) business days prior to RFP submittal. Call 318-449-5073 for information.Document is available at www.cityofalexandriala.com/Community-Development.

a. Hold a status of in good standing with CmDv, if they have ever worked on CmDv or City projects inthe past.

b. Out of state corporations and/or limited liability companies shall furnish a certificate of registrationto transact business in the State of Louisiana prior to signing of a contract with the City ofAlexandria.

4. Agree by document signature to show a good faith effort to comply with the City's AFEAT (AlexandriaFairness, Equality, Accessibility, and Teamwork) Program. Participation by minority and/or disadvantagedbusiness enterprise firms is encouraged. See Article XV for information.

5. Agree by document signature to show a good faith effort to comply with the City’s Non-DiscriminationStatement. See Article XV for information.

6. Agree by document signature to complete Section 3 certification form at the time of contract signing. SeeArticle XV for information.

7. Agree by document signature that the Consultant is acknowledging that they have not been convicted of,nor has entered into a plea of guilty or nolo contendere to any of the crimes or equivalent federal crimes.See Article XV for information.

VIII. MINIMUM QUALIFICATIONSIn order to be qualified to submit a proposal, individual(s) or firm must meet the following requirements. Copiesof requested licenses and certificates will be in addition to the documents required in Article IV.

1. All Consultant’s staff providing services under a resulting contract shall hold and maintain current LeadInspection, Risk Assessor and Lead Supervisor certifications from the Environmental Protection Agency(EPA) and/or Louisiana Department of Environmental Quality (LDEQ). The licenses must be current andmaintained throughout the contract period. Copies of all certificates required must be included in theproposal submission.

2. Consultant / Firm must have at least two (2) years of demonstrable experience in inspections, riskassessment, specification writing and supervision of HUD assisted units in the State of Louisiana inaccordance with HUD Chapter 7: Lead Based Paint guidance.

a. Experience in inspection other than lead-based paint hazard control projects;b. Experience in planning, design and monitoring of lead-based paint hazard control projects;c. Experience in collecting environmental samples and interpreting test results. Collection and

analysis of lead samples, such as dust wipes, soil, paint chips, and wear samples in housingenvironments;

d. Experience in environmental report writing. Ability to outline a lead hazard control strategy withan order of priorities and recommend methodologies;

e. Consultant must generate inspection reports, risk assessment reports, specification/work write-ups, certificates of clearance, consult with CmDv regularly, collect and have analyzed certainsamples, conduct on site quality assurance inspections on work in progress, and other provided forherein. Sample inspection and risk assessment reports must be included in proposal submission.

4. Only XRF analyzers, for which an XRF Performance Characteristics Sheet (PCS) is available, may be used andthe XRF analyzer may only be used as prescribed in the PCS. Consultant must utilize a modern XRF analyzerthat is capable of:

a. Adjusting for substrate bias internally and does not require removal of paint for substratecorrection.

b. Printing out a testing shot log.c. Consultant must have an XRF analyzer “onsite” for the life of the contract for the requested

services.d. Lead Inspector Technicians or Lead Inspector/Risk Assessors must have attended XRF

manufacturer’s training for the particular analyzer to be used.

5. Consultant must have a written Radiation Safety Program that describes safe handling procedures,including protocols for analyzer leak testing, staff dosimetry, security and transportation, together withemergency procedures and contact numbers.

IX. TYPE OF CONTRACTA Professional Service Agreement (PSA) will define the terms and conditions agreed upon by the City and theConsultant. The contract will be for one (1) calendar year, with the option to renew for three (3) additional years atsixty (60) days prior to the contract anniversary date. This is a competitive process open to all. Pricing escalation /de-escalation negotiation requests must be submitted in writing sixty (60) days prior to the contract expiration date.Any price adjustments must be resolved prior to the renewal period. In the event the contract is not renewed, aseparate RFP will be published for services.

Any contract award must be ratified by City Council prior to signing a contract. No Work Order will be assigned untilafter a PSA has been fully executed. A copy of the proposed PSA containing requirements, terms and conditions willbe provided to the Consultant at the time of contract negotiation. The City expects to execute the contract as soonas possible after the submittal date, however, no more than sixty (60) calendar days from the date of RFP submittal.

The City reserves the right to revise any proposed contract in connection with negotiations with the Consultant andto revise any executed contract (as allowed by the contract terms & conditions) at any time to include additionalterms and conditions as may be required. The City reserves the right, at its sole discretion, to completely terminateall negotiations in regard to the CmDv Lead Hazard Reduction Program (prior to contract execution) and request newproposals, if satisfactory contract negotiations are not reached within fifteen (15) business days after the notice ofaward.

A Consultant Work Order Assignment and/or PSA contract can be terminated for cause or assignments arewithdrawn for cause. CmDv shall provide written notification stating the reasons within thirty (30) calendar days.Consultants cited with reasons for cause may lead to contract termination, being removed from in good standingstatus and may be debarred from working with the City for up to two (2) calendar years. Proper allowance shall bemade for circumstances beyond the control of the Consultant. Cause may be any of the following reasons but notlimited to:

a. Failure to follow procedures / requirements defined in the Work Order Assignment;b. Failure to fully execute the Work Order Assignment before starting work;c. Failure to secure a CDA Hazard Testing Permit before starting work;d. Failure to coordinate work within CmDv schedule;e. Failure to call for inspections as defined in the Work Order Assignment;f. Failure to complete work within the time specified on the Work Order Assignment and/or approved

extensions;g. Failure to complete tasks with good workmanship practices;h. Failure to provide required insurances, forms and/or documentation to CmDv or HUD;i. rejects the terms of a change order for scope of work and/or price by either the Consultant or the City;j. has multiple assignments that have not yet been completed;k. has multiple assignments withdrawn by CmDv for cause; and/orl. Failure to correct complaints / inspection failures within the allocated time period;m. Any event that is determined as cause for a Work Order Assignment to be terminated by the City or for

bid awards to be withdrawn.

X. WORK ORDER ASSIGNMENTA Work Order system shall be utilized to keep the work distributed per address and intended to expedite the workprocess. CmDv’s staff and awarded Consultant’s expertise and experience must ensure the timely and successfulcompletion of work and expenditure of funds for the program and grant.

CmDv will maintain a list of scope of work services to be performed for pre-determined unit prices over the courseof one calendar year from the date of contract signing. CmDv will select which structures / items to receive services.One (1) Work Order Assignment shall be sent to the Consultant per address that shall include all related services neededat that location. The Work Order Assignment Form shall indicate:

a. Address and occupant contact information where services are requested;b. Types of services requested;c. Timeline that the assignment must be completed; andd. Compensation to be paid.

Once a Work Order has been assigned, the Consultant may request to meet the City Inspector in the field to reviewthe Work Order during a CDA Site Pre-Conference Inspection, however, this is not required. Once the Consultantagrees to the terms, the Consultant and Inspector or Program Manager will both sign the Work Order AssignmentForm. The Consultant will have a maximum of ten (10) business days from the receipt of the Work Order Assignment

to fully execute the document. After execution, the Consultant will then have a maximum of thirty (30) calendar daysto:

a. schedule the work with the Inspector and the Property Owner;b. secure the CDA Hazard Testing Permit; andc. perform the requested services on location.

The Consultant shall be allowed a maximum of two (2) extensions for thirty (30) calendar days each. Due to pendingbenchmark deadlines and budget constraints defined to HUD, the Consultant shall not assume any extension will begranted. No rain days or holidays will be allowed to extend the timeframe. Any valid requests for extensions shallbe submitted in writing for consideration / permission from the CmDv Grants Manager or Administrator. A CDAHazard Testing Permit will be required for Lead testing, risk assessment and/or clearance testing services to serve asthe notice to proceed. There will be no charge for the CDA Hazard Testing Permit.

In the event that the structure is removed from receiving assistance or destroyed by fire or natural disaster from thetime of Work Order Assignment to the time of work activity, the Work Order Assignment may be withdrawn by CmDvand there shall be no commitment of payment. CmDv will make every effort to verify the status of the project prior toassignment.

Time is of the essence in the performance of the services of lead remediation. Failure of the Consultant to performas described, or not complete all activities as required and provided herein, may result in the assessment ofliquidated damages of $500 per day.

The City reserves the right to inspect any and all permits, licenses and work at any time prior to or during the testingprocess. The Consultant shall be responsible to procure all permits and licenses under federal, state and local laws,pay all charges and fees, including notifying 811 as applicable.

XI. CONSULTANT PERFORMANCE TIMELINES1. CmDv’s Lead Program Manager will provide thirty (30) days advance notice to Consultant of qualified

properties in effort to schedule upcoming work.2. A Work Order Assignment Form must be fully executed within ten (10) business days of receipt by the

Consultant.3. Within five (5) business days after the fully executed Work Order Assignment Form, the Consultant shall

schedule the initial lead-based paint inspection with the Property Owner and coordinate the same withthe CmDv Inspector, who shall accompany the Consultant onsite.

4. Consultant shall have ten (10) business days to perform and complete the initial inspection servicesrequested at the specific location.

5. Consultant shall submit the initial Lead-Based Paint Inspection Report to CmDv Lead Program Managerwithin five (5) business days of completing the inspection.

6. Per 3-5 above, each Lead-Based Paint Inspection Report must be received by CmDv Lead Program withinfour (4) consecutive weeks from the date the Work Order Assignment Form was fully executed. Failureto timely submit a Report to CmDv Lead Safe Program will result in a 10% reduction in price for eachweek late.

7. If a Risk Assessment Report has been included in the Work Order, the Consultant will have five (5)additional business days to complete the Report and submit it to the CmDv Lead Program Manager.This confirms that items 3-7 will have a total of five (5) consecutive weeks for each propertydocumentation and reports to be submitted. Please note: faster is always better! Failure to timely

submit a Risk Report to CmDv Lead Safe Program will result in a 10% reduction in price for each weeklate.

8. Consultant shall be available to conduct clearance visual inspections and clearance dust wipe samplingwithin 24-hour notice from CmDv’s Lead Program Manager, if needed.

9. Consultant shall have five (5) business days to submit final clearing test lab and inspection results, alongwith the final Letter of Remediation or Lead Safe Certificate to CmDv’s Lead Program Manager of allremediation work completion.

XII. CHANGE ORDERSSite specific Change Orders may be considered on a case by case basis and will only be considered for unforeseenconditions disclosed during the course of work and which are necessary to complete the defined scope of work. TheCity Inspector must deem the requested change permissible and necessary. Any Change Order request must besubmitted by the Consultant in writing to the CmDv Grants Manager or Administrator. The Change Order mustspecify the reason for the Change Order, the address for service and a price for the same. In the event that CmDvinitiates the reason for the Change Order, the scope of work will be defined in writing to the Consultant for pricingrequest. The Consultant shall not proceed with the related work until the Change Order form is fully executed bythe CmDv staff.

In the event the awarded Consultant requests a change order, CmDv reserves the right to consider a Change Orderor to publish the scope of work under a separate RFP.

a. If the Change Order method is utilized, the Consultant shall document the reason for the Change Orderalong with a price above or below the existing Work Order assignment price. The cost must be fair andreasonable. CmDv’s Grants Manager or Administrator must authorize all Change Orders.

b. If the RFP method is utilized, the contractual Consultant would be eligible to submit an RFP.

XIII. INVOICING FOR PAYMENTThe payment amount for a specific property Work Order Assignment shall be agreed upon by a fixed fee scheduleand/or a change order, as applicable. The Consultant is not authorized to perform any services, which exceed theauthorized funding amount specified in a Work Order Assignment without prior written approval.

Once the work is complete and required inspections are completed, the Consultant may submit an invoice to CmDv.Each address where work was performed must be invoiced separately. Invoice submittal questions may be directedto 318-449-5067 or 318-449-5073. The City shall make a one-time payment to the Consultant for 100% of eachproperty invoice under the Work Order Assignment amount due within thirty (30) calendar days of receipt of allrequisite documentation.

XIV. SCOPE OF WORK / SERVICES TO BE RENDEREDServices shall include, but are not necessarily limited to, compiling supporting documentation, performing a lead-based paint assessments, and collection of wipe and soil. Identify the location of any lead-based paint inhome, the degree of activity of the corrective measures/alternatives and the cost measures of the removal ofthe hazard. Indicate if relocation is required. After the construction is completed on the home, the Contractor willbe asked to return to the home and perform clearance testing to certify the removal of the hazard found at thetime of initial inspection.

The Consultant will maintain continuous, open communication with assigned CmDv staff on all Leadinspections related issues, including but not limited to providing written reports and issues with scheduling with theclient. The Consultant will develop and fully implement standard operating procedures, suitable to theCity, for the provision of Lead Inspections services and other components included in this RFP.

The successful Consultant will provide all labor, tools, equipment and materials, necessary for providing lead-basedpaint inspections, laboratory testing, preparation of paint hazards abatement specifications for public solicitationof pricing or Work Order Assignments, construction monitoring of lead-based hazard waste removal and disposalservices and lead test clearance samples. Collection of paint chips, water samples and soil samples may beperformed along with inspections.

A. General Compliance – testing, inspection reports, risk assessments, monitoring and clearance testing, asapplicable, shall be in accordance with HUD regulations at 24 CFR 35 for HUD assisted properties in the City ofAlexandria and complete reports shall be developed in accordance with standard HUD and EPA procedures byspecifically addressing the following:

1. Conduct lead-based paint hazard testing activities as directed by CmDv on all qualified pre-1978properties. Ensure compliance with all applicable federal, state and local laws, including HUD, EPA,OSHA and LDEQ.

2. Perform requested services by licensed / certified personnel as required by HUD, EPA and LDEQ, andother federal, state and local regulations. This shall include HUD’s Guidelines for the Evaluation andControl of Lead-Based Paint Hazards in Housing. Special attention required for Chapters 5, 7 and 15.

3. A copy of all inspections, testing, reports, etc will be provided to CmDv’s Lead Safe Program Managerupon completion. A second copy will also be provided to Property Owner.

4. Keep abreast of the latest Federal and State regulations, statutes, circulars, executive orders, policies,procedures and guidelines issued by HUD as it pertains to applicable lead-based paint inspections andprovide technical assistance for compliance.

5. Attendance at meetings with Local, State or Federal officials or agencies, as requested by the City.

6. Special Projects – Coordinate and implement special HUD related projects as and when needed.

7. Lead Training to include Awareness, Project Supervisor, Risk Assessor, Worker, Inspector, and ProjectDesigner.

8. Upon award of the contract and prior to the start of any work, the Consultant shall be available for aninitial job meeting, either in-person or via electronic visual meeting space, and contract review withCmDv staff.

a. This meeting shall be an introduction to the CmDv Lead staff.b. The Consultant shall provide an overview of the hazards, processes, protocols, and regulations

that shall be explained to the CmDv staff.

9. In addition to written reports and unless otherwise determined, the Consultant and CmDv will meetquarterly for the duration of the contract for the following purposes:

a. Review Lead Inspections Site Assessments and quality of work;b. Identification of and resolution of any problems that require the attention or input and

direction of CmDv;c. Coordination of the efforts of all concerned so that services are rendered efficiently and

effectively;d. Preservation of the close working relationship between the Consultant and CmDv; ande. Maintenance of a mutual understanding of the contract sound working policies and

procedures.10. The Consultant shall perform additional inspection services as required by law or at the direction of the

CmDv Lead-Safe Housing Program.

B. NLLLAP Certified Laboratory Analysis – the Consultant may suggest a certified lab to perform analysis onsamples, however, the CmDv Lead Safe Program Manager must approve of the same before use.

1. Samples shall be shipped overnight to the NLLAP certified laboratory for 72 hour turn-around laboratoryanalysis.

2. All samples shall be taken in accordance with the applicable regulations and submitted in containersapproved by the lab.

3. Testing Consultant is responsible for all testing services, including shipping, reports and analysis.

4. Consultant shall provide the name of testing lab, which shall not be the Consultant’s agency.

5. Initial Lead-Based Paint sampling shall comply with flame atomic absorption spectrometry (FAA)minimum standards. Final Lead-Based Paint sampling shall comply with inductively-coupled plasmaspectrometry (ICP) minimum standards.

C. Initial Lead-Based Paint Inspection - Identification, quantification and determination of the existence of leadpaint on surfaces and building components within the units(s)/dwelling(s) and all of the associated interiorcommon areas and exterior areas.

1. Consultant shall inspect all components and surfaces, including those that are coated with paint,varnish, shellac, stain or other coatings (e.g., wallpaper) in each room in each of the specified units,common areas and exterior areas. Representative or random testing of units is prohibited unlessotherwise specified. If a floor is carpeted or the walls are covered with panel, Consultant shall obtain aXRF reading through these coverings to assess whether or not the substrate beneath is painted withlead-based paint. Any components “assumed” to be positive (lead containing) must have beenevaluated for paint condition and all results documented in the report.

2. The Inspection Report must contain the following:

a. XRF work order form with completed check list;b. Date of inspection;c. Address of building and apartment numbers (if applicable);d. Date of structures original construction;e. A color picture of the property that shows an oblique view of the street side elevation. An

“oblique view” would be a view that shows the front side and either the “B” or “D” wall in thesame view. Out buildings should be included in the view if possible.

f. Name, address, and telephone number of the owner(s);g. Name, signature, company address, phone number and certification number of each certified

Inspector and/or Risk Assessor conducting testing;h. A description of each testing method and device and/or sampling procedure employed for paint

analysis, including quality control data and the serial number of the X-ray fluorescence device;i. Documentation of pre-inspection and post-inspection calibration of XRF device in conformance

with PCS;j. A sketch of the property with each room, assigned a two-digit number, for specific locations of

each component tested for the presence of lead;k. Window and door casings, jambs and stops are NOT to be considered testing combinations as

stated in Chapter 7. For the purposes of this contract, they are to be considered separatecomponents and will be tested and reported as such;

l. For inconclusive XRF results (according to PCS) and areas that cannot be tested using an XRFdevice (ornate moldings, inaccessible areas, etc.), a paint sample must be collected andanalyzed by a certified laboratory. Consultant should make every effort to sample frominconspicuous locations. Paint chip analysis results must be provided in the report or as anamendment to the report (within one week of report submittal). Consultant shall beresponsible for the collection, shipping and laboratory analysis costs of any paint chip sampling;

m. The original Chain of Custody for dust wipe samples;n. For soil samples, a completed Soil Sample Collection Form and Map and the original Chain of

Custody.

3. XRF Analyzers will be used to perform initial inspections. Interpretation of XRF sampling data andcorrections for substrate contributions shall be performed in accordance with HUD Guidelines. Insituations where Corrected Lead Concentration readings are inconclusive, the Inspector shall follow thedecision rules as described in the HUD Guidelines.

4. Pre-remediation / pre-abatement or baseline dust wipe sampling will be authorized on a case by casebasis and only where authorized by HUD’s Lead Safe Housing Program. Dust wipe samples shall becollected at a minimum rate of six (6) per residential unit/dwelling and a minimum of three (3) locationsin common areas per HUD regulations. Dust wipe sampling shall be conducted in accordance withprotocols described in the HUD’s regulations. A separate sheet at the end of the inspection report mustindicate the number and location of dust wipe samples and must refer to the original schematic diagramof the unit(s)/dwelling(s). Measurements must be provided for all surfaces tested where a one squarefoot template was not used.

5. If generated and stored on the site, the Consultant shall collect representative samples from HUDdefined Category III & IV wastes. These samples shall be submitted for laboratory analysis for wastecharacterization. Samples shall be collected during abatement process and shall be analyzed inaccordance with the Toxicity Characteristic Leaching Procedure (TCLP). HUD defined Category I andCategory II wastes shall be considered as non-hazardous construction debris (TCLP not required) unlessit does not meet the cleaning requirements set forth by HUD, then TCLP is required.

6. The collection of soil samples will be required when bare soil is present along the foundation drip lineand play areas. For drip line sampling, a composite sample for each side shall be taken, four (4) total,and one (1) composite sample should be collected from the street side mid-yard. Additional soilsamples are not required unless there is a bare soil area greater than nine (9) square feet in size. Ifapplicable, samples should also be collected from other areas of bare soil that children are likely tocome into contact with (play areas, dirt driveways, other bare soil, etc.). Typically, most properties willrequire at least two (2) but no more than five (5) composite samples to be collected. Consultant shall

need prior approval from CmDv’s Lead Program Manager to collect more than five (5) composites fromany site.

7. Provide laboratory analysis of samples utilizing pre-approved testing lab. As part of the inspection, theConsultant shall collect dust samples using the procedures described in. The following generaldescription areas shall be sampled:

a. Entry Floor: Just inside main entrance to unit.b. Play Room Floor: Area used for play by young children, usually living room or den. If no young

children, test living room or equivalent (if entry floor sample was collected from play room, thissample is not necessary).

c. Play Room Sill: Window sill from play room.d. Bathroom Floor: If more than one bath, test one most likely to be used by children.e. Heat Vent: At properties that have forced-air heating systems, collect one (1) sample from

inside the ductwork. Typically, the cold air return provides the largest surface area to sample.

In addition to the standard locations above, Consultant may collect up to four (4) additional dustsamples from other areas in each unit suspected of containing lead-contaminated dust, includingcarpets in fair or poor condition, countertops, etc. For quality control purposes, Consultant shall includeone (1) field blank per every 20 dust wipe samples submitted. One (1) spiked sample shall be includedper every fifty (50) dust wipe samples submitted.

8. Consultant shall collect the following information for each sample: Room #; type of sample (bare floor,carpet, sill or well); exact location of sample; surface type; condition of surface; and sample size.

9. Each inspection report must be sent / emailed to the CmDv Lead Program Manager as an electronic,typed PDF document. The document cannot be hand written then scanned as a PDF. Field reports willbe allowed to have hand written notes.

D. Remediation Design Services / Risk Assessment Report - Prepare lead-based paint hazard reduction workwrite-up with work specifications for bidding, with both line item pricing and unpriced, for each pre-1978 builtunit participating in the CmDv’s Lead Remediation Program and testing positive for the presence ofunacceptable levels of lead-based paint hazards.

1. The Consultant(s) shall develop remediation / abatement design specifications for lead hazardsidentified during the inspection (including paint, dust, and soil). Remediation design specifications shallcover units/dwellings and all associated interior common areas and exterior areas.

The design specifications shall be specific for each room, common area, exterior area, soil, dust andeach component requiring either abatement or interim control. For every component/surface in everyroom/area the Consultant shall list the positive component or surface, state the condition of the paint,identify structure and substrate deficiencies which need to be addressed and state an abatementand/or interim control recommendation. The Consultant shall determine the appropriate work areapreparation.

2. Consultant shall perform interviews with occupants of the unit. Specific interviews with pregnantwomen and children under the age of six (6) shall be required to understand the location(s) of timespent.

3. Remediation design specifications shall be developed in conjunction with the Property Owner andCmDv’s Lead Safe Housing Program Staff. Any changes and/or addendums made to the designspecifications must be reviewed by the Consultant to ensure compliance. The Consultant will not beresponsible for developing remediation contracts or general work practice specifications per OSHA andLDEQ regulations.

3. The Consultant shall develop a written Occupant Protection Plan (OPP) prior to the commencement ofremediation activity. The plan shall be developed in conjunction with the Property Owner and CmDv’sLead Safe Housing Program staff. An outline detailing the progression of remediation activity (e.g.: 1stfloor and front common area) will determine the safety measures for the occupants. If relocating duringremediation activities are required, it shall be specified in the OPP.

4. Complete risk assessment report must document the required Owner and property information,inspection and testing methodology, summary of inspection results, including XRF testing raw data andlaboratory analysis results, reports, summary of recommended lead-based paint hazard reduction andcontrol options. Lead consulting services should provide lead safe options and alternative to ensurecompliance with HUD guidelines as requested. Reports shall include comprehensive XRF inspection ofall dwelling units, including individual areas, common areas, and exterior areas (soil samples to beincluded). Consultant shall test all painted surfaces in homes or apartments. The report shall clearlyidentify actionable locations and provide a detailed scope of work for purposes of costestimating/bidding. Reports shall include floor plans; notations of special circumstances, scope of workfor lead-based paint hazard reduction and/or abatement; interim control measures, management andabatement plans, as applicable; lead-safe work practices, relocation and disclosure measures to betaken, waste disposal, and clearance testing.

5. If requested, Consultant shall prepare and submit required reporting documentation to HUD, EPA andthe Department of Health and Human Services (DHH) on all residences with lead-based paint hazardsexceeding the minimum federally acceptable lead levels. (This task will be initiated by CmDv’s LeadProgram Manager using the Consultant’s provided documentation.)

6. The Consultant shall be required to develop a general written Essential Maintenance Practices Plan(EMPP) to be provided to Property Owner(s) to implement and ensure that the paint remains in goodor fair condition and that the surface is not creating a lead hazard. The Plan shall include:

a. A list of remaining lead-based painted surfaces and suspected lead-based painted surfaces;b. An outline of lead awareness training to be provided;c. A list of lead-based paint maintenance activities that may be performed by the Owner and/or

maintenance personnel;d. Documentation forms for lead-based paint maintenance activity;e. A resident education plan;f. An outline of requirements for safe work practices and OSHA required training as well as

implementation of respiratory and medical surveillance programs.

E. Onsite Monitoring Services – Upon request, provide on-site project monitoring services of other RemediationContractors for all lead-based paint reduction and control activities, including appropriate notifications ofdisposal of hazardous waste materials as applicable, conducted within and around the property participating inCmDv’s Lead Safe Program.

1. Notify CmDv of any potential regulatory or specification violations that become evident through suchmonitoring activities.

2. Conduct surveys of work site and submit close-out reports to CmDv to include all applicable documentsrequired by federal, state and local laws.

F. Interim and Final Clearance Post-Work Dust Sampling - Consultant shall collect clearance dust wipe samplesnecessary for the re-occupancy of units after the completion of lead remediation abatement work.

1. Interim visual evaluations and interim clearances shall be performed whenever a non-OSHA/EPA Lead-in-Construction trained carpenter or sub-contractor will perform non-lead abatement activity in a workarea where lead remediation activities have been conducted but before final clean-up, visual and finalclearances have been conducted. The Consultant shall visually inspect Lead Remediation Contractorsinterim cleaning of the remediated areas and a decontamination facility shall ensure that all leadedcomponents and surfaces have been removed or stabilized as specified in the Lead AbatementConstruction Contract. All visible dust, debris and waste must be removed from the work area. If theConsultant is satisfied with the visual inspection, the Consultant shall collect three dust wipe samplesper unit and one dust wipe sample per common area. A field blank must also be submitted with thesesamples. Sample locations will be at the discretion of the consultant(s). Visual and dust wipe samplingshall begin no earlier than one hour after completion of cleanup. NOTE: Interim inspection servicesmay or may not be engaged depending on the specific project.

2. The Consultant shall perform a visual evaluation of the work area to ensure that all dust, debris andwaste materials have been removed and that all lead hazards have been abated as outlined in the LeadAbatement Specifications.

3. Consultant shall collect at least the minimum number of clearance dust samples (2 per room and 1 fieldblank) for the following spaces for each sample: Room #; type of sample (bare floor, carpet, sill or well);exact location of sample; surface type; condition of surface; and sample size.

4. Soil sample clearances shall be taken only if soil remediation activities, involving the mixing orreplacement of soil, have been performed. If soil remediation activity involves covering bare soil, onlya visual inspection is required. Soil testing shall not begin until the property passes a visual examination.The number and location of clearance soil samples are a maximum of two (2) samples for clearancepurposes.

5. The Consultant(s) shall perform visual and dust wipe sampling no earlier than one hour after completionof cleanup but no later than the same day.

6. Consultant may be requested on short notice to conduct resampling of areas that have failed clearance.

7. Maintain a site-specific field log for all clearance activities. Entries will be made for every day that theclearance activities take place and should contain sufficient notes to enable CmDv Lead Safe Programstaff to understand.

G. Letter of Remediation or Lead Safe Certificate Report - When all required re-evaluations are completed andany new identified hazards are successfully controlled or remediated in accordance with HUD Guidelines, theConsultant shall provide the Owner of the dwelling with a Lead Safe Certificate and its report. NOTE: Due tothe potential high costs associated with achieving “lead safe certification”, some Owners may decide not to

pursue this certification. In these situations, the Owner’s property may be eligible for a “Letter of RemediationCompliance”.

XIV. RULES GOVERNING COMPETITIONThe City reserves the right to revise any part of the RFP by issuing an addendum to the RFP at any time prior to thesubmission deadline. Issuance of this RFP in no way constitutes a commitment by the City to award a contract. TheCity reserves the right to accept or reject, in whole or part, all qualification responses submitted and/or cancel thisannouncement if it is determined to be in the City’s best interest. The City also reserves the right, at its solediscretion, to waive administrative informalities contained in the RFP.

It is the Consultants responsibility to check the City’s website for any such addendums, supplements oramendments made to the original RFP. The City’s RFP website can be found at www.cityofalexandriala.com/rfp. Itis in the best interest of the Consultant to periodically check the website.

Consultant selection shall be announced to all firms submitting a proposal within fifteen (15) business days of thesubmittal deadline. All offers must be complete and irrevocable for ninety (90) calendar days following thesubmission date, unless revised through a subsequent addendum. One copy shall be retained for the official filesof the City and will become public record after award of the contract.

All materials submitted in this response become the property of the City and selection or rejection of a submittaldoes not affect this right. Only information that is nature of legitimate trade secrets may be deemed proprietaryor confidential and the Consultant shall clearly identify such documents.

The City will not be responsible for costs associated with preparing the RFP, or for costs including attorney feesassociated with any challenge (administrative, judicial or otherwise) to the determination of the highest-rankedConsultant(s) and/or awarded contract and/or rejection of qualification. By submitting a RFP each Consultantagrees to be bound in this respect and waives all claims to such costs and fees.

Applicants should carefully examine the entire RFP, any addenda thereto, and all related materials and datareferenced in the RFP. Applicants should become fully aware of the nature of the work and the conditions likely tobe encountered in performing the work. The City reserves the right to waive as informalities any irregularities insubmittals and/or to reject any or all proposals.

All RFP qualification responses must be signed by the Consultant authorized to enter into a PSA with the City. Thename and title of the individual(s) signing the qualification must be clearly shown immediately below the signature.

A Consultant may withdraw a qualification submittal at any time prior to the final submission date by sendingwritten notification of its withdrawal, signed by an agent authorized to represent the agency. The respondent maythereafter submit a new or modified qualification prior to the final submission date. Modifications offered in anyother manner, oral or written, will not be considered. A final qualification cannot be changed or withdrawn afterthe time designated for receipt, except for modifications requested by the City after the date of receipt and/orcollective negotiations.

The City will not be liable for any errors or omissions in proposals. The City, at its option, has the right to requestclarification or additional information from the proposer due to errors or omissions identified by the CmDv.All procurement procedures shall comply with:

· 2 CFR §200.317 through §200.326 – grant agreement & OLHCHH policies· 2 CFR §200.318(a) – procurement procedures· 2 CFR §200.318(k) – contract claims & disputes

· 2 CFR Part 180 – System for Award Management (SAM) exclusions· 2 CFR §200.305 – timely payments· 2 CFR §200.53 – improper payments from reimbursement method· Small & Minority Business efforts· Section 3 Low-income Contractors· 2 CFR §200.324 - Contract cost & price· 2 CFR §200.67 – micro purchases under $10k· 2 CFR §320(b) – small purchase procedures· 2 CFR §320(c) – sealed bids (with exception to COVID allowances)

Neither party shall be liable for any delay or failure in performance beyond its control resulting from acts of God orforce majeure. The parties shall use reasonable efforts to eliminate or minimize the effect of such events uponperformance of their respective duties under Contract.

Consultant shall be fully liable for the actions of its agents, employees, partners or subcontractors and shall fullyindemnify and hold harmless the City of Alexandria, Louisiana and its authorized users from suits, actions, damagesand costs of every name and description relating to personal injury and damage to real or personal tangibleproperty caused by Consultant, its agents, employees, partners or subcontractors, without limitation; provided,however, that the Consultant shall not indemnify for that portion of any claim, loss or damage arising hereunderdue to the negligent act or failure to act of the City.

Consultant shall comply with all Federal, State and local laws, ordinances and regulations affecting the lead basedpaint hazard testing, risk assessment and clearance sampling. This shall also include all regulations for OSHA, LDEQ,HUD, Clean Air Act, etc.

Any materials and/or equipment left on the site are the responsibility of the Consultant. Any loss of materials orequipment due to theft, vandalism, etc. shall be the total responsibility of the Consultant.

Consultant shall protect and defend, at Consultant’s expense, and indemnify and hold harmless, the City and itsrepresentatives, officers, agents, and employees from and against any and all losses, penalties, fines, damages,settlements, judgments, claims, costs, charges, expenses, or liabilities, including any award of attorney fees and anyaward of costs, in connection with or arising directly or indirectly out of any act or omission by the Contractor orby any officer, employee, agent, invitee, subcontractor, or sublicenses of Consultant.

XV. HUD COMPLIANCE with FEDERAL, STATE and LOCAL REGULATIONSAs funding for this RFP is primarily through the U.S. Department of Housing and Urban Development, Consultantsand their counsel should be familiar with the full range of federal compliance requirements. The following is a briefsummary of certain aspects of some of these compliance requirements. By submitting a proposal, the Consultantacknowledges and agrees to be bound by the following:

1. Access. The Contractor agrees that he/she will allow access to the City, State of Louisiana, HUD, theComptroller General of the United States, or any of their duly authorized representatives to any books,documents, papers, and records of the Contractor which are directly pertinent to this Contract for thepurpose of making audit, examination, excerpts, and transcriptions, including right to inspect records andproperty.

2. Accessibility. Project will be subject to accessibility requirements under Section 504 of the RehabilitationAct of 1973.

3. AFEAT Compliance. During the performance of this Contract, Contractor will make a good faith effort tocomply with the City’s AFEAT (Alexandria Fairness, Equality, Accessibility, and Teamwork) Program, bymaking good faith efforts to engage participation by minority and/or disadvantaged business enterprisefirms. For more information on AFEAT and the City of Alexandria's Diversity in Action Initiative, and toexplore a local and statewide directory of minority businesses, please visit www.diversityinaction.org orcall 318-449-5015 for information.

4. Affirmative Marketing Plan. Methods used to affirmatively market the properties developed under thisprogram include, but are not limited to:

a. Ad advertisement will be placed in the local newspaper describing the available housing unitsincluding a statement regarding equal housing opportunity.

b. The Equal Housing Opportunity logo will be used on all correspondence that provides notice ofhousing availability and any press release or media advertisement.

c. Equal Housing Opportunity posters with the logo will be displayed at the location whereapplications are taken.

d. At the time the application is taken, all applicants will be provided with an Equal HousingOpportunity brochure.

e. Written selection policies and procedures will be available to all applicants, with a non-discrimination policy statement included at the beginning of the written document.

f. Written communication (flyers) with non-discrimination statement will be sent to AlexandriaHousing Authority with request that information be distributed to tenants.

g. Transitional housing providers will be given flyers with a request that they be distributed to personsliving in transitional housing shelters.

h. Key churches and other communities of faith serving the population being sought will be informedin writing of the housing available.

i. Neighborhood organizations will be provided with flyers describing the available housing unit.

5. Applicable Law. This Agreement shall be construed and interpreted in accordance with Louisiana law. Inthe event of legal action resulting from a dispute hereunder, the Parties agree that the state and federalcourts of the State of Louisiana shall have jurisdiction and that the proper forum for such action shall beRapides Parish, Louisiana.

6. Anti-Kickback Clause. Contractor agrees to adhere to the mandate dictated by the Copeland "Anti-Kickback" Act which provides that each Contractor or sub-grantee shall be prohibited from inducing, by anymeans, any person employed in the completion of work, to give up any part of the compensation to whichhe/she is otherwise entitled.

7. Assignment. The Consultant shall not assign any interest in this Contract and shall not transfer any interestin same (whether by assignment or novation), without prior written consent of the City, provided however,that claims for money due or to become due to the Consultant from the City may be assigned to a bank,trust company, or other financial institution without such prior written consent. Notice of any suchassignment or transfer shall be furnished promptly to the City.

8. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) – Consultants who apply or bid for an award of $100,000or more shall file the required certification. Each tier certifies to the tier above that it will not and has notused Federal appropriated funds to pay any person or organization for influencing or attempting toinfluence an officer or employee of any agency, a member of Congress, officer or employee of Congress, oran employee of a member of Congress in connection with obtaining any Federal contract, grant or any otheraward covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that

takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier totier up to the recipient.

9. Civil Rights Compliance. The Consultant agrees to abide by the requirements of the following as applicable:Title VI and VII of the Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972, FederalExecutive Order 11246 as amended, the Rehabilitation Act of 1973, as amended, the Vietnam Era Veteran'sReadjustment Assistance Act of 1974, Title IX of the Education Amendments of 1972, the AgeDiscrimination Act of 1975, the Fair Housing Act of 1968 as amended, and Contractor agrees to abide bythe requirements of the Americans with Disabilities Act of 1990.

Consultant further agrees not to discriminate in its employment practices, and shall render services underthis contract without regard to race, color, religion, sex, sexual orientation, national origin, veteran status,political affiliation, disability, or age in any matter relating to employment. Any act of discriminationcommitted by the Consultant, or failure to comply with these statutory obligations when applicable, shallbe grounds for contract termination of this contract.

10. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.),as amended – Contracts and sub grants of amounts in excess of $100,000 require the recipient to agree tocomply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C.7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violationsshall be reported to the Federal awarding agency and the Regional Office of the Environmental ProtectionAgency (EPA).

11. Code of Conduct / Conflict of Interest. The Developer must disclose any potential conflict of interest,including if any owner, manager, employee or agent of the Developer is an employee, agent, consultant,officer or elected official or appointed official of the City, an immediate family member to any such personor has business ties with any such person. In such a case, CmDv will review the potential conflict todetermine if it involves any person who presently or in the past year exercises any functions orresponsibilities in connection with CmDv’s HOME and/or CDBG programs. If so, the City may seek anexception from HUD under the requirements of 92.356. The Developer acknowledges that under the HUDConflict of Interest regulations at 24 CFR 570.611(b) for CDBG and 24 CFR 92.356 for HOME, in general, anyperson who is an employee of the City of Alexandria is a covered person under the rules and serving thatperson (or an immediate family member) shall require HUD to issue a waiver in order to be qualified toobtain financial interest of benefit from these activities either for themselves or for those with whom theyhave immediate family ties. CmDv will be responsible to collect and process the necessary information toapply to HUD for the approval waiver. The HUD waiver process could take as long as one year or more,therefore, a Developer may not receive funding that particular year, however, the waiver would still bevalid for re-submittal the subsequent year. Furthermore, it is a violation of the Louisiana Code ofGovernmental Ethics for a public servant, specifically CmDv staff personnel, to do work with an immediatefamily member. The Code defines “immediate family” relating to public servant as children, spouses ofchildren, brothers, sisters, spouses of public servants’ brothers and sisters, parents, spouse and the parentsof public servants’ spouse. For more definitions and a review of the Code of Ethics, please visit the LouisianaEthics Administration Program website at www.ethics.la.gov.

12. Code of Ethics. Consultant shall be responsible for determining that there will be no conflict or violation ofthe Louisiana Ethics Code if their firm is awarded the contract. The Louisiana Board of Ethics shall be theonly entity which can officially rule on ethics issues.

13. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) – Where applicable, all contractsawarded by recipients in excess of $2,000 for construction contracts and in excess of $2,500 for othercontracts that involve the employment of mechanics or laborers require that the contractor comply with

Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), assupplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, eachcontractor shall be required to compute the wages of every mechanic and laborer on the basis of a standardwork week of 40 hours. Work in excess of the standard work week is permissible provided that the workeris compensated at a rate of not less than 1 and 1/2 times the basic rate of pay for all hours worked in excessof 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides thatno laborer or mechanic shall be required to work in surroundings or under working conditions which areunsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies ormaterials or articles ordinarily available on the open market, or contracts for transportation or transmissionof intelligence.

14. Copeland “Anti-Kickback” Act (18 U.S.C. 874 and 40 U.S.C. 276c) – All contracts and sub grants in excess of$2,000 for construction or repair awarded by recipients and sub recipients require that the Consultantcomply with the Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented by Department of Laborregulations (29 CFR part 3, “Contractors and Subcontractors on Public Building or Public Work Financed inWhole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient shall be prohibited from inducing by any means, any person employed in the construction,completion, or repair of public work, to give up any part of the compensation to which he is otherwiseentitled. The recipient shall report all suspected or reported violations to the Federal awarding agency.

15. Counterparts. This Agreement shall be executed in two or more counterparts, each of which shall beconsidered an original, and shall be binding when fully executed by both parties.

16. Davis-Bacon. Notwithstanding provisions to the contrary, construction projects over $2,000 will be subjectto Davis-Bacon wage and record-keeping instructions.

17. Debarment. The Consultant certifies that it is not currently debarred from submitting proposals forcontracts issued by the City of Alexandria, any political subdivision or agency of the Parish of Louisiana orthe Federal Government (SAM.Gov) and that it is not a person or entity that is currently debarred fromsubmitting proposals for contracts issued by any political subdivision or agency of the Parish of Louisiana orthe Federal Government.

18. Energy Policy and Conservation Act. Contractor recognizes the mandatory standards and policies relatingto energy efficiency with are contained in the State energy conservation plan issued in compliance with theEnergy Policy and Conservation Act (P.L. 94-163).

19. Entire Agreement. This Agreement, together with the exhibits hereto and the CDBG Rehab Program PolicyGuidelines, the Housing Rehab Services Repair Bid Packet and Contractor’s bid price, the fully executedGrant Agreement, and the application for participation in the program submitted by Owner, which arespecifically incorporated herein, represent the entire agreement between the parties and supersede allprior representations, negotiations or agreements whether written or oral.

20. Environmental Clearance. CmDv will perform an Environmental Review Record (ERR) pursuant to 24 CFRPart 58 following the execution and approval of the PSA Contract between the selected Consultant and theCity. A successfully completed ERR will then require a 30-day public comment period. The Consultant willbe provided notice of the pending addresses at the time the site specific ERR is starting so they can prepareto schedule the upcoming work accordingly. Prior to receipt of environmental clearance from the City, thesponsor may not commit any funds to, or undertake any physical or choice-limiting actions, including butlimited to property acquisition, demolition, design and/or construction activities. Violations of thisprovision may result in the termination of the contract and recapture of any damages by the City.

21. Equal Employment Opportunity. All contracts require that the Consultant comply with E.O. 11246, “EqualEmployment Opportunity,” as amended by E.O. 11375, “Amending Executive Order 11246 Relating to EqualEmployment Opportunity,” and as supplemented by regulations at 41 CFR part 60, “Office of FederalContract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

22. Excluded Parties. Contractor hereby certifies that he/she is not suspended, debarred, or otherwiseprohibited from participating in federally-assisted contracts and further certifies that no such parties willbe employed as subcontractors and/or vendors on the project. Placement on the federal excluded partieslist of the Contractor and/or use of an excluded party is grounds for termination of this Contract.

23. Fair Housing. HUD provides funding to state and local government agencies to enforce local fair housinglaws that are substantially equivalent to the Fair Housing Act. The State of Louisiana has a fair housing lawthat meets substantial equivalency requirements of the federal government. The state law contains all theprotected classes found in the federal law and meets the enforcement and penalty standards set forth inthe federal Fair Housing Act. The City of Alexandria is committed to following compliance and enforcementof the Fair Housing Act, and all Federal, State and local mandated assurances.

24. Federal Crimes. Developer is acknowledging that they have not been convicted of, nor has he/she enteredinto a plea of guilty or nolo contendere to any of the crimes or equivalent federal crimes listed below.

a. No individual partner, incorporator, director, manager, officer, organizer or member, who has aminimum of ten (10%) ownership in the Bidding Entity, has been convicted of, or nor has he/sheentered into a plea of guilty or nolo contendere to any of the crimes or equivalent federal crimeslisted below. A conviction of or plea of guilty or nolo contendere to the following state crimes orequivalent federal crimes shall permanently bar any person or bidding entity from consideration asa Qualified Registered Contractor and/or bidding privileges by CmDv, who is funded by Federaland/or local funds: Public bribery (RS 14:118); Corrupt influencing (RS 14:120); Extortion (RS 14:66);Money laundering (RS 14:230).

b. A conviction of or plea of guilty or nolo contendere to any of the crimes or equivalent federal crimesshall bar any person or the bidding entity from consideration as a Qualified Registered Contractorand/or bidding privileges by CmDv for a period five (5) years from the date of conviction or fromthe date of the entrance of the plea of guilty or nolo contendere: Theft (RS 14:67)Identity Theft (RS14:67, 16); Theft of a working record (RS 14:67.20); False accounting (RS 14:70); Issuing worthlesschecks (RS 14:71); Bank fraud (RS 14:71.1); Forgery (RS 14:72); Contractors - misapplication ofpayments (RS 14:202); Malfeasance in office (RS 14:134).

c. The five (5) year prohibition provided for in this section shall apply only if the crime was committedduring the solicitation or execution of a contract or bid awarded pursuant to these provisions. Ifevidence is submitted substantiating that a false attestation has been made and the project mustbe re-advertised or the contract cancelled, the awarded entity making the false attestation shall beresponsible to the public entity for the costs of rebidding, additional costs due to increased costsof bids and any and all delay costs due to the rebid or cancellation of this project.

25. Headings and Pronouns. The headings of the paragraphs in this Agreement are for convenience only anddo not affect the meanings or interpretation of the contents. Any pronouns used within this Agreementshall be applicable without regard to gender. Additionally, any construction of terms, parties, or pronouns

shall be construed in either the singular or plural as may be appropriate regardless of the actual term usedherein.

26. Lead Based Paint Hazards. HUD’s lead based paint regulations at 24 CFR Part 35 will apply. Contractoragrees to adhere to all EPA and HUD regulations for the use of Lead Safe Work Practices during the courseof construction in structures built prior to 1978. Contractor also acknowledges that Lead Clearance testingmay also be required by an approved State Licensed Hazard Testing Contractor.

27. Minority Business Enterprise and Women Business Enterprise (MBE/WBE) Plan. Consultants must maintaina MBE/WBE plan that demonstrates marketing and solicitation of MBE/WBE businesses and contractors forthe construction of the project.

28. Non-discrimination. Call the City’s Legal Division 318-449-5015. Consultant shall acknowledge that allcontracts shall contain provisions requiring compliance with E.O. 11246, “Equal Employment Opportunity,”as amended by E.O. 11375, “Amending Executive Order 11236 Relating to Equal Employment Opportunity,”and as supplemented by regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs,Equal Employment Opportunity, Department of Labor. Compliance shall also be required with the FederalCivil Rights Act of 1964 as amended; the Federal Civil Rights Act of 1991 as amended; the Americans withDisabilities Act of 1990 as amended; the Public Act of 1976 as amended, and all other applicable Federal,State and Local laws and regulations. Specifically, Contractor agrees not to discriminate in its employmentpractices, and will render services under this contract without regard to race, color, religion, age, sex,national origin, ancestry, veteran status, political affiliation or disabilities as defined by law. Any act ofdiscrimination committed by Contractor, or failure to comply with these obligations when applicable shallbe grounds for termination of this contract.

29. Non-Waiver by the Homeowner. No waiver of any breach or default hereunder shall constitute or beconstrued as a waiver by the Homeowner of any subsequent breach or default or of any breach or defaultof any other provision.

30. Prohibited Activity. Consultant is prohibited from using funds provided herein or personnel employed inthe administration of this program for political activities, inherently religious activities, lobbying, politicalpatronage, and/or nepotism.

31. Records. Contractor shall maintain books of account, the Contract, and other such records as shall properlyand completely reflect this transaction for a period of five (5) years after Final Completion and Payment,including from the closeout of the respective federal grant.

32. Right to Audit. A Consultant may be subject to an audit by the City of Alexandria, LDEQ and/or HUD. TheState Legislative Auditor, internal auditors of the Division of Administration, auditors of the HUD, Cityauditors and, if applicable, federal auditors, shall also be entitled to audit the books and records of aConsultant, Contractor or any Subcontractor under any negotiated contract or subcontract to the extentthat such books and records relate to the performance of such contract or subcontract.

33. Rights to Inventions Made Under a Contract or Agreement. Contracts or agreements for the performanceof experimental, developmental, or research work shall provide for the rights of the Federal Governmentand the recipient in any resulting invention in accordance with 37 CFR part 401, “Rights to Inventions Made

by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and CooperativeAgreements,” and any implementing regulations issued by the awarding agency.

34. Section 3. HUD’s Section 3 requirements apply. In general, Section 3 requires outreach, prior to awardingcontracts and subcontracts to construct a project under the program. The Firm must conduct outreach tolow-income individuals living in the area where the Project is located and to certain businesses located inthe area in which the Project is located. The intent of the Section 3 requirements is to encourageemployment of such individuals and businesses in connection with the construction of the Project. Theserequirements apply to any construction contract or subcontract in excess of $100,000. For additionalinformation concerning Section 3, see http://www.hud.gov/offices/fheo/section3.cfm.

35. Severability. If any provision of this Contract shall for any reason be held to be invalid, illegal, orunenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any otherprovision hereof, and this Contract shall be construed as if such invalid, illegal, or unenforceable provisionhad never been contained herein.

36. Substitution of Personnel. The Consultant's personnel assigned to any subsequent contract resulting fromthis RFP shall not be replaced without the prior written consent of the City. Such consent shall not beunreasonably withheld or delayed provided an equally qualified replacement is offered. In the event thatany City or Consultant personnel become unavailable due to resignation, illness, or other factors, excludingassignment to a project outside this contract, outside of the City or Consultant’s reasonable control, as thecase may be, the City or the Consultant shall be responsible for providing an equally qualified replacementin time to avoid delays in completing tasks. The Consultant will make every reasonable attempt to assignthe personnel listed in his proposal.

37. Uniform Relocation Act (URA). All projects fall under requirements of the URA. Any project in permanentrelocation/displacement of households will not be funded by CmDv. Developers must further documentthat any purchase of property meets the requirements of URA, including provisions of notices to the selleridentifying the transaction as a voluntary sale not under the threat of eminent domain. To ensurecompliance with URA, Developers should consult CmDv to understand the requirements of URA andreference the URA forms included in the proposal prior to submission related to an occupied property.

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RFP #2101 Attachment #1 – Contractor Qualifications

PRIME CONSULTANT NAME:

BUSINESS STREET ADDRESS:

BUSINESS CITY, STATE & ZIP:

PHONE NUMBERS: Office: Cell:

COA CONTRACTOR REGISTRATION #:

EPA LICENSE / CERTIFICATION #:

YEARS IN ENVIRO SERVICES BUSINESS :

# OF CERTIFIED PERSONNEL:

XRF EQUIPMENT INFO: Manufacturer’s name ________________________________________Model___________________________________ Age ______________Last calibrated date ______________ Serial # _____________________

POTENTIAL SUBCONTRACTOR #1:



GOVT ENTITY REFERENCE #1: Jurisdiction: _________________________________________________

Project: ____________________________________________________

Contact Name:_______________________________________________

Phone:_____________________________________________________


Project: ____________________________________________________

Contact Name:_______________________________________________

Phone:_____________________________________________________


Project:_____________________________________________________

Contact Name:_______________________________________________

Phone:_____________________________________________________

ESTIMATED # OF ENVIRO SERVICESPROJECTS PREVIOUSLY COMPLETEDFOR CMDV IN THE PAST 5 YEARS:

__________________________________________________________________ _____________________Authorized Contractor’s Signature Date

RFP #2101 Attachment #2 – Contractor Fee Schedule# Work Description Set Unit

PriceMethod Estimated

Qty. Total Price

1XRF INSPECTION FEE PER ROOM (Ex: bedroom, bath, living,dining, kitchen, staircase, common areas, etc. Exterior ofbuilding is considered as “one room”)

per Room 1200

2 PRE-WORK DUST WIPES (per HUD Ch 5 page 38) per Wipe 4200

3 INITIAL SOIL SAMPLING (minimum 4 samples per address) per House 150

4 ADDITIONAL SOIL SAMPLING (over minimum of 4) per Sample 100

6REMEDIATION DESIGN SERVICES / RISK ASSESSMENTREPORT with scope of work pricing and alternate methods(must comply with HUD, Ch 5)

per House 150

7PROTECTION & MAINTENANCE PLANS (Dwelling SpecificOccupant Protection Plan & Essential Maintenance PracticesPlan, as required)

per House 150

8 POST-WORK VISUAL INSPECTION FEE (per visit) per House 150

9INTERIM & POST-WORK CLEARANCE DUST WIPESAMPLING FEE within 1 hour of work completion (with 24hours prior notice from Contractor)

per Sample 2200

10INTERIM & POST-WORK CLEARANCE DUST WIPESAMPLING FEE within 1 hour of work completion (with 48hours prior notice from Contractor)

per Sample 2200

11INTERIM & POST-WORK CLEARANCE DUST WIPESAMPLING FEE beyond 24 hours after work completion(due to negligence of Contractor to coordinate prior to)

per Sample 400

12 CLEARANCE SOIL SAMPLING (minimum of 4 samples peraddress of disturbed / remediated soil) per House 150

13 DRINKING WATER SAMPLING Each 150

14 FINAL COMPLIANCE DOCUMENTS (Clearance Final Report &Letter of Compliance to Owner) Per House 150

15 THREE (3) DAY EXPEDITED FEE Each 50

16 MOBILIZATION / DEMOBILIATION FEE (both count as 1 fee) per Trip 50

17 PER DIEM (for multiple days on location, any # in crew) per Day 100

NOTE: Fee Schedules must be in legible print. Any without completed signature & company information will be rejected. All information must becompleted in ink. Signature must be hand written. Electronic or stamped signatures will be considered non-responsive and will be rejected. Allquantities shown are for estimating purposes only to determine low bidder by bulk.

ADDENDUM NUMBER(S) ACKNOWLEDGED, IF APPLICABLE: ____________________________________________________

COMPANY NAME_________________________________________________________ DATE ________________________

STREET ADDRESS_________________________________________________________ P O BOX _____________________

CITY _______________________________________________ STATE ______________ ZIP ________________________

TELEPHONE NUMBER ____________________________________ DUNS NUMBER _________________________________

AUTHORIZED SIGNATURE: ________________________________________________________________________________

request for proposals #2101 city of alexandria’s …

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