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HomeMy WebLinkAbout2006 Ideal Demolition Services Abatement and Demolition DEMOLITION SERVICES AGREEMENT This Demolition Services Agreement (this "Agreement") is made by and between: The "Owner" CITY OF MERIDIAN Address: 33 East Idaho Avenue Meridian, Idaho 83642-2300 Project Contact Person: Keith Watts, Purchasing Agent Telephone:208-888-4433 x207 Facsimile: 208-887-4813 Email: wattsk@cityofineridian.org And the "Contractor" IDEAL DEMOLITION SERVICES, LLC Address: 2299 Mill Road Emmett, Idaho 83617 Taxpayer ID# (o 13 O Co Ng 1-10 2 PWCL No. 16275-B-4 ICL No. RCE-593 Project Contact Person: David Aparicio Telephone:208-365-1514 Facsimile: 208-365-4915 Mobile: 208-369-0311 Email: david@idealdemolition.com For the following"Work" All labor, materials, equipment and services indicated or reasonably inferable from the plans, specifications, general and special conditions, construction permits, addenda for the Project identified on Exhibit A, (the "Contract Documents"), to the extent not inconsistent with the terms of the body of Agreement. on the following"Project" Abatement and Demolition of Structures Located at 27 E. Broadway Avenue Meridian, Idaho 83642 The"Contract Price" is: As full compensation for Contractor's performance of this Agreement, Owner agrees to pay the following: For the demolition and abatement work as defined in the Contract Documents, Owner agrees to pay Contractor a fixed price of Three Hundred Eighty Six Thousand and no/100 Dollars ($386,000.00). For the tree and stump removal work as defined in the Contract Documents, Owner Agrees to pay Contractor a fixed price of Four Thousand Eight Hundred and no/100 Dollars ($4,800.00). The total Contract Price is Three Hundred Ninety Thousand Eight Hundred and no/100 Dollars ($390,800.00), subject to additions or deductions in accordance with this Agreement. CONSTRUCTION AGREEMENT Page 1 of I I The "Completion Date" is: Contractor shall commence the Work on October 30, 2006 unless otherwise notified by Owner in writing. Contractor shall complete the Abatement portion of the Work no later than December 8, 2006 and Contractor shall complete the Demolition portion of the work no later than January 12, 2006. The labor, materials, equipment, services and compensation described above shall be performed and paid in accordance with the attached Standard Terms and Conditions and any exhibits attached hereto. References to this "Agreement" shall mean this agreement page and the Standard Terms and Conditions. "Owner" CITY OF MERIDIAN, an Idaho municipal corporation By: Tammy de ee Mayor Date: ATTEST: William G. Berg, Jr. City Clerk Date: lO— ;? "Contractor" IDEAL DEMOLITION SERVICES, LLC an Idaho limited liability company Y: avid Aparicio, ember Date: C7 6 D CONSTRUCTION AGREEMENT Page 2 of It STANDARD TERMS AND CONDITIONS 1. Review of Project Requirements. Contractor represents and warrants to Owner that it has visited the Project site, made a careful analysis and comparison of the Work and the Project requirements, and is aware of the constraints related to access, staging, material storage, climate and the activities of other contractors. If any of the Project requirements are contradictory, the requirements that place the highest or most stringent duty or obligation upon Contractor shall govern. 2. Construction Manager. Owner has retained Petra Incorporated, an Idaho corporation ("Construction Manager") to provide construction management services for the Project. Construction Manager's authorized representative is: Wesley Bettis, Jr., Project Engineer PETRA INCORPORATED 9056 W. Blackeagle Drive Boise, Idaho 83709 Telephone: 208-323-4500 Facsimile: 208-323-4507 Mobile: 208-860-7531 Email: wbettis@petrainc.net Construction Manager shall act as Owner's agent for the Project as set forth in this Agreement. Unless otherwise directed by Owner in writing, Owner and Contractor shall communicate with each other through Construction Manager. Construction Manager shall draft proposed Change Orders. Construction Manager shall review Contractor's Payment Requests and shall approve in writing those amounts that, in Construction Manager's opinion, are properly owing to Contractor as provided in this Agreement. The duties, obligations, and responsibilities of Contractor shall in no manner whatsoever be changed, altered, discharged, released or satisfied by any duty, obligation, or responsibility of Construction Manager. Contractor is not a third- party beneficiary of any Agreement between owner and Construction Manager, and it is expressly acknowledged and agreed that the duties of Contractor to Owner are independent of, and are not diminished by, any duties of Construction Manager to Owner. 3. Construction Schedule. Contractor acknowledges and agrees that time is of the essence and that Owner will suffer significant hardship and expense if the Work (or portion thereof) is not completed by the Completion Date and shall use its best efforts to ensure the entire Work is completed prior to the above date and agrees to pay to Owner, as liquidated damages and not a penalty, the sum of$150.00 per day for each calendar day after the Completion Date until all the work is complete. Contractor's demolition plan and schedule is attached hereto as Exhibit B. If Contractor is delayed on the critical path due to circumstances beyond its control, such as strikes or casualty, Contractor shall, as its sole remedy,be entitled to an extension of time equal to the delay incurred. Contractor shall give Owner written notice of any claim for an extension of time within three (3) days of Contractor's knowledge of facts giving rise to the event for which the claim is made; otherwise, such claims shall be deemed waived. 4. Payments. 4.1 Pro egr ss Payments. Contractor shall submit applications for payment to Owner in accordance with the "Payment Request"procedure set forth in the Contract CONSTRUCTION AGREEMENT PAGE 3 OF 1 t Documents. All applications for payment must set out (i) description of services provided, (ii) date services are provided, and (iii) amount charged for services rendered. Invoices not containing items (i) through (iii) will be returned to Contractor with request to provide necessary information, and processed for payment only when detail is provided. Owner shall have the right to retain 5% of each progress payment until the Project is fully complete. 4.2 Withholding of Payments. Owner may reject an application for payment or nullify a previously approved application for payment, in whole or in part, as may be reasonably necessary to protect Owner from loss or damage based upon (i) Contractor's failure to perform or correct the Work as required by this Agreement, (ii) Contractor's failure to provide acceptable and current certificates of insurance coverage as required by this Agreement, (iii) loss or damage caused by Contractor to Owner, Owner or others to whom Owner may be liable, including reasonable costs for clean-up, repair, layout or punchlist work performed by Owner or others, or (iv) Contractor's failure to provide acceptable evidence of payment for labor, materials, equipment or supplies furnished in connection with the Work, or Contractor's failure to promptly remove any lien filed against the Project site related to the Work. 4.3 Final Payment. Final payment of the entire Contract Price, including retainage, shall be made only upon Owner's (i) final acceptance of all Work, and (iii) receipt of lien releases or other satisfactory evidence that Contractor has paid all workers, subcontractors and suppliers for work performed and materials supplied for the Project. Contractor's acceptance of final payment shall constitute a waiver of all claims by Contractor relating to the Work. 5. Changes; Substitutions. 5.1 Changes. Owner may add to or deduct from Contractor Work by written order("Change Order"). The order shall set forth the changes involved, and the fair value and time impact thereof, as mutually agreed by Owner and Contractor. In absence of mutual agreement as to the fair value and time impact of the Change Order, Owner and Contractor shall immediately attempt to resolve the dispute through direct discussions. Pending the resolution of the dispute, Contractor shall perform the Work in accordance with the Change Order and Owner shall pay Contractor any amounts not subject to dispute. Owner shall not be responsible for, or obligated to pay for, any changes or substitutions that have not been authorized in advance by a Change Order executed by Owner. Contractor shall treat any verbal authorization or direction for a change by Owner to be a directive to promptly prepare, for Owner's approval, a written Change Order consistent with the verbal authorization or direction. 5.2 Requests for Change Order Proposals. Within three (3) days of Owner's request, Contractor shall provide, without cost, a Change Order proposal for any changes in the Work requested by Owner. Such Change Order proposal shall be calculated on the basis of reasonable expenditures and savings of those performing the changed work. 6. Concealed or Unknown Site Conditions. 6.1 In the event Contractor discovers previously concealed and unknown site conditions which are materially at variance from those typically and ordinarily encountered in the general geographical location of the Project, the Contract Price CONSTRUCTION AGREEMENT PAGE 4 OF 11 shall be modified, either upward or downward, upon the written claim made by either party within seven (7) calendar days after the first appearance to such party of the circumstances. As a condition precedent to Owner having any liability to Contractor due to concealed and unknown conditions, Contractor must give Construction Manager written notice of, and an opportunity to observe, such condition prior to disturbing it. The failure by Contractor to give the written notice and make the claim as provided by this Section shall constitute a waiver by Contractor of any rights arising out of or relating to such concealed and unknown condition; 6.2 In connection with any claim by Contractor against Owner for compensation in excess of the Contract Price, any liability of Owner for Contractor's cost shall be strictly limited to direct cost incurred by Contractor and shall in no event include indirect cost or consequential damages of Contractor. Owner shall not be liable to Contractor for claims of third-parties including subcontractors, unless and until liability of Contractor has been established therefor in a court of competent jurisdiction. 7. Supervision. Contractor shall provide a competent level of supervision and coordination of all Work, including, but not limited to, demolition means, methods, techniques, sequences and procedures. Contractor shall enforce strict discipline and good order among all persons performing the Work. Contractor's on-site supervisor shall have the full authority to act for and bind Contractor. All communications through, and commitments of, Contractor's onsite supervisor shall be fully binding on Contractor. S. Cooperation. Contractor understands that Owner may perform work on the Project with its own forces or other contractors. Contractor shall cooperate fully with Owner and the other contractors so as not to interfere with the performance of work by any of them. Contractor acknowledges that Owner shall not be liable for any damages, losses or expenses resulting from any act, omission, delay, failure or default of another Contractor or supplier in connection with the Project. If Contractor suffers any such damage, loss or expense from another Contractor or supplier, Contractor shall seek recovery of such damages, loss or expense from the responsible party directly without making Owner a party to any action. Contractor agrees that any project supplier or Contractor shall have a direct right of action against Contractor for damages, loss or expense resulting from Contractor's acts or omissions (whether or not negligent), defaults, delays in performance or deficiencies. 9. Safety. Contractor has provided a copy of their safety program for the Project, attached hereto as Exhibit C and incorporated herein. Contractor shall at all times comply with the safety program, to the extent that such program is not inconsistent with the legal requirements set forth in Section 10. 10. Compliance with Laws. Contractor shall execute the Work in strict compliance with all applicable laws, including environmental laws, building codes, ordinances, rules, regulations, permits and orders of any public authority having jurisdiction over the Project(the "legal requirements"). Contractor acknowledges that Owner can be fined for Contractor's violations of applicable legal requirements. Contractor shall reimburse Owner for any loss, cost or expense attributable to any acts or omissions by Contractor, its employees or agents CONSTRUCTION AGREEMENT PAGE 5 OF 11 1 resulting from the failure to comply with any applicable legal requirements, including,but not limited to, OSHA and EPA fines. 11. Permits, Licenses and Fees. Contractor shall, at its own expense, obtain all necessary permits and licenses, and pay all fees necessary for the execution of the Work. 12. Tests and Inspections. Contractor shall schedule and give proper written notice of all required tests, inspections and approvals of the Work at such times so as not to delay the progress of the Project. Owner shall either pay direct or reimburse Contractor for the actual fees for tests or inspections with no markup for overhead or profit. Contractor shall promptly provide Owner with all certificates of testing or inspection, and all approval or deficiency notices. Contractor shall utilize the services of Materials Testing Incorporated(MTI) for all required tests unless otherwise directed by Owner. 13. Staging; Clean-up; Project Site Boundaries. Contractor shall confine operations at the Project site to areas permitted by law and the Contract Documents. Contractor shall be solely responsible for securing its materials and equipment from damage and theft. Contractor shall at all times during its performance of the Work keep the Project site reasonably clean and free from debris resulting from the Work. Upon completion of the Project, Contractor shall remove all demolition debris and equipment from the Project site. As of the date of the execution of this Agreement, the "Project site"does not include the fenced area south of the ditch and tree line. Owner is in negotiations with the Union Pacific Railroad to obtain the use of the seventy five feet of Union Pacific right-of-way for staging and storage of salvaged bricks and trusses. Contractor shall not occupy any portion of the Union Pacific right-of-way unless and until Owner notifies Contractor in writing with a copy of the Union Pacific Lease. Should negotiations with Union Pacific prove to be unsuccessful, Owner will be required to relocate the existing chain link fence to the limits of Owner's property line. 14. Indemnification, Insurance, and Bonds. Contractor shall indemnify Owner and provide insurance coverage according to the Insurance and Indemnification provisions stated in the Additional Terms and Conditions section of the Invitation to Bid, attached hereto as part of Exhibit A and incorporated herein by this reference. Contractor shall also provide the performance and payment bonds as required on page 2 of the Invitation to Bid and as specified in section 3 of the Instructions to Bidder. 15. Default; Termination for Cause. 15.1 Should Contractor fail at any time to supply a sufficient number of properly skilled workmen or sufficient materials and equipment of the proper quality, or fail in any respect to prosecute the work with promptness and diligence, or fail to promptly correct defective work or fail in the performance of any of the agreements herein contained, Owner may, at its option, provide such labor, materials, and equipment and deduct the cost thereof, from any money then due or to become due to Contractor under this Agreement. 15.2 If Contractor at any time shall cause by any action or omission the stoppage or interference with the work of Owner or other subcontractors, or fail in the performance of any of the covenants herein contained, or be unable to meet his debts as they mature, Owner may, at its sole option, at any time after serving written notice as such default with direction to cure in specific period, but not less than two (2) working days, and Contractor's failure to cure the default, terminate Contractor's employment by CONSTRUCTION AGREEMENT PAGE 6 OF 11 i delivering written notice of termination to Contractor. Thereafter, Owner may take possession of the Work, at the site, and through itself or others provide labor, equipment and materials to prosecute Contractor's work on such terms and conditions as shall be deemed necessary, and shall deduct the cost thereof, including without restriction thereto all charges, expenses, losses, costs, damages, and attorney's fees, incurred as a result of Contractor's failure to perform, from any money then due or thereafter to become due to Contractor under this Agreement. 15.3 If Owner so terminates the employment of Contractor, Contractor shall not be entitled to any further payments under this agreement until Contractor's work has been completed and accepted by Owner. 16. Termination for Convenience. Owner may, at any time, terminate this Agreement for Owner's convenience and without cause. Upon receipt of written notice from Owner of such termination for Owner's convenience, Contractor shall (i) cease operations as directed by Owner in the notice, (ii)take actions necessary, or that Owner may direct, for the protection and preservation of the Work; and (iii) except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. In case of such termination for Owner's convenience, Contractor shall be entitled to receive payment for Work properly executed and reasonable, direct costs incurred by Contractor pursuant to this Section. Contractor shall not be entitled to overhead and profit on the Work not executed, lost business opportunities and unabsorbed overhead expenses. 17. Attorneys' Fees. In the event of any controversy, claim or action being filed or instituted between the parties to this agreement to enforce the terms and conditions of this agreement or arising from the breach of any provision hereof, the prevailing party will be entitled to receive from the other party all costs, damages, and expenses, including reasonable attorneys' fees, incurred by the prevailing party, whether or not such controversy or claim is litigated or prosecuted to judgment. 18. General. This Agreement constitutes the entire agreement between the parties. No modification shall be binding on the parties unless it shall be in writing and signed by both parties. Contractor shall not assign this Agreement(or any part hereof) without the prior written consent of Owner. Headings in this Agreement are for reference purposes only and shall not affect the meaning or interpretation hereof. Neither party's right to require performance of the other party's obligations under this agreement shall be affected by any previous waiver, forbearance, or course of dealing. Neither party shall hold the other responsible for a default, delay, or failure to perform by acts of God, strikes, lockouts, civic unrest, accidents or other events beyond the other party's control. This agreement shall be governed by the laws of the State of Idaho as an agreement between residents of the State of Idaho and to be performed within the State of Idaho. This Agreement, and each and every provision thereof, is for the exclusive benefit of Owner and Contractor and not for the benefit of any third party nor any third party beneficiary thereof, except to the extent expressly provided in this Agreement. CONSTRUCTION AciRFEMENT PAGE 7 OF 11 TREE AND STUMP REMOVAL SPECIFICATIONS Removal of all remaining trees and stumps at the Meridian Creamery Site, not included in the original Invitation for Bid. Fall, cut and remove from site all trees, limbs, stumps, "large" roots and fill with disturbed material that is adjacent to the stump removal area and leave area rough graded to approximate pre-tree removal condition. CONSTRUCTION AGREEMENT PAGE 9 OF t l EXHIBIT A Contract Documents 1. Invitation to Bid No CH-06-001 2. Addendum No. 1 to Bid No CH-06-001. 3. Contractor's Submitted Bid 4. Tree and Stump Removal Specifications. CONSTRUCTION AGREEMENT PAGE 8 OF 11 EXHIBIT B 1. Abatement and Demolition Schedule 2. Smokestack Scaffold Sketch 3. Site Specific Work Plan for Demolition 4. Asbestos Abatement Standards and Procedures CONSTRUCTION AGREEMENT PAGE 10 OF 11 EXHIBIT C Contractor's Safety Plan CONSTRICTION AGREEMENT PAGE 11 OF 11 INVITATION FOR BID NO. CH-06-001 PURCHASING AGENT �CITY V1 +'+' _ - 33 East Idaho Avenue, Meridian, ID 83642 PrIGZl �1 Phone: (208) 888-4433 x207 +onHo Fax: (208) 887-4813 .ry hGl { INVITATION FOR BID BID NO. CH-06-001 PROJECT NAME & SPECIFICATIONS: ABATEMENT & DEMOLITION BIDS MUST BE RECEIVED PRIOR TO 2:30 P.M. OCTOBER 5 2006 DELIVER BID RESPONSES TO: City of Meridian, City Clerk 33 East Idaho Meridian, ID 83642 Bidders are required to submit one (1) original and two (2) additional signed copies of their Bid response (including all required attachments)to the above address. Bids shall clearly identify the project name, Bid number, and Bid response date on the outside of the envelope and be delivered in a sealed envelope. Failure to do so may cause the Bid to be rejected. L11REI-BID CONFERENCE DATE: PRE-BID CONFERENCE TIME: EMBER 25, 2006 2:00 pm MST LOCATION OF PRE-BID CONFERENCE: 27 E. BROADWAY MERIDIAN, ID 83642 NAME AND LICENSE # OF COMPANY SUBMITTING 131D NAME: IDAHO CONTRACTORS LICENSE NO. IDAHO PUBLIC WORKS CONTRACTORS LICENSE NO. Signed addendaladdendum to be included in the BID Response. Contractor to complete the below and return with the BID Response. Addendum No. Dated Date Received Initials Addendum No. Dated Date Received Initials Addendum No. Dated Date Received Initials Addendum No. Dated Date Received Initials Addendum No. Dated Date Received Initials Addendum No. Dated Date Received Initials Bidder's Name (Printed): Bidder's Signature: Bidder's Title: BOND REQUIREMENTS Bid Security required Bid Security - Yes Amount 5% of the Bid Price Performance bond required (Performance Bond - Yes) Amount $ 100% of the Contract Amount .3yment bond required (Payment Bond - Yes) Amount t00% of the Contract Amount *See item 3 . under General Terms and Conditions for specific security/bonding requirements. if required, only the successful Bidder shall submit a performance and payment bond as described in the General Terms and Conditions of this Bid. FOR CITY USE ONLY Bid was opened on above date and at prescribed place. Received: [ ] Cashiers or Certified Check drawn on a Idaho bank ] Surety Bond By: Purchasing Agent, City of Meridian 2of22 i NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the City of Meridian,Purchasing Department: In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly on indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham bid or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of any one interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository,or to any member or agent thereof to effectuate a collusive or sham bid. DECLARATION UNDER PENALTY OF PERJURY The undersigned Bidder declares and certifies under the penalty of perjury: that the only persons or parties interested in this bid as principals are those named herein as Bidder,that he/she holds the position indicated below as a corporate officer or the owner or a partner in the business entity submitting this bid;that the undersigned has examined the"General Conditions and Instructions to Bidders"and the specifications; that the undersigned is informed of all the relevant facts surrounding the preparation and submission of this bid,that the undersigned(if awarded the contract)will execute and fully perform the contract for which the bids are called;that the undersigned will perform all the work and/or furnish all the materials specified in the contract,in the manner and time therein prescribed, and according to the requirements as therein set forth;and that the undersigned will take in full payment therefore, the prices set forth in the attached schedule"Form of Bid"knows and represents and warrants to the City of Meridian that this bid is prepared and submitted without collusion with any other person, business entity,or corporation with any interest in this bid. I declare under penalty of perjury that the foregoing is true and correct. Name of Bidder. 'Type of Business: ❑ Individual doing business under own name D Corporations p Individual doing business using a firm name D Partnership 0 Joint Venture (Please attach Joint Venture Agreement) Business Address: City, State,Zip Code: Dated: By: (Signature) (Print Initials) Name: (Type or Print Name) Title: Email Address: Telephone Number: Fax Number : 'To be signed by authorized corporate officer or partner or individual submitting the bid. EXAMPLE If Bidder is: Sign: 3 of 22 1. An individual doing business under own name..........................Your name only 2 An individual using a firm name .......................................... John Doe, an individual doing business as Blank Company 3 A Partnership .................................................................. John Doe and Richard Roe, partners doing business as Blank Company, By John Doe, partner 4 A Corporation..................................................................... Blank Company, by John Doe, secretary(or other title) Note: The above Non-collusion Affidavit is part of the Bid. Signing this Bid on the signature portion thereof shall also constitute signature of this Non-collusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. ALL BID RESPONSES MUST BE ACCOMPANIED BY EVIDENCE OF AUTHORITY TO SIGN 4 of 22 CITY OF MERIDIAN PURCHASING DEPARTMENT ABATEMENT AND DEMOLITION OF STRUCTURES Located at 27 E. Broadway Ave, Meridian, ID PROJECT DESCRIPTION (Overview) The City of Meridian is requesting bids for the Abatement and Demolition of the Creamery located at 27 E. Broadway, Meridian, ID. All bid documents, contracts, contract administration and work to be executed in accordance with the applicable IDAHO PUBLIC WORKS statutes. SCOPE OF WORK 1 SERVICES Abatement: Furnish all materials, tools, equipment, labor and supervision for a complete Hazardous Material Abatement at the project site. The work is to include the complete removal, handling, disposal and chain of ownership documentation of the asbestos laden products that meet the EPA requirements for abatement in accordance with the MERIDIAN CREAMERY TARGETED BROWNFIELDS ASSESSMENT REPORT prepared by Weston Solutions, Inc. of Seattle, WA dated May 2005 and the supplemental hazardous material report by Materials Testing, Inc dated September 1, 2006 specific to areas not surveyed in the first report, available upon request. Remove, handle, contain, transport and dispose of all contaminated materials from the building to a registered disposal site as detailed in the reports and as required by all applicable laws, statutes and ordinances. Identified hazardous materials may include friable and non-friable asbestos in flooring, flooring mastic, ceiling tile, texture, wall joint compound, insulation and plaster on interior and exterior applications: and all soil contamination as currently identified by the Brownfields report. Any additional contaminants, both surface and subsurface, that may be encountered are to be brought to the immediate attention of the Construction Manager who will assess, order additional testing as required and develop an amended scope of work for pricing and abatement. (Please propose a unit cost I percentage of work completed payment schedule with your proposal.) Demolition: Furnish all materials, tools, equipment, labor and supervision for a complete demolition scope of work of all buildings and structures both above and below ground. The barrel trusses from the warehouse building, listed as building A on the attached drawing, will be retained by the City as well as the door to the stack. All other materials will available to the awarded bidder for salvage. NOTE: All non-hazardous material waste must be transported from the site by the City's contracted waste disposal contractor, SSC. (Please propose a unit cost I percentage of work completed payment schedule with your proposal.) 5 of 22 WORK DESCRIPTION a) Notify and coordinate with all utility companies to avoid any impact on existing and continuing customer service. b) Contractor shall notify City 24-hours prior to start of work and meet with Construction Manager prior to commencing any operations on site.. c} Install signs, barricades, and etc. to keep the area clear of vehicles and spectators. d) Demolish stack and all remaining structures completely. Remove all marked trees and brush. All salvaged material shall be disposed of in am approved disposal site. All ruble, debris, and trash material shall be removed from the site. Remove all concrete slabs, foundations, mow strips and sidewalks e) Grade entire site and wheel compact prior to leaving the site so as not to present any public nuisance. Re-stretch and reset any temporary fence that may have been moved during the course of demolition. Replace any fence or gates that may have been damaged during the course of demolition. SAFETY — Contractor shall observe all State, Local and Federal safety regulations. DUST CONTROL-- Contractor shall water to control dust as necessary. DEMOLITION PERMIT— Contractor shall obtain a demolition permit from ??? County or City? PRE-BID CONFERENCE A Pre-Bid Conference will be held on September 25, 2006, 2:00 pm MST at the demolition location, 27 E. Broadway, Idaho. Representatives of the City and Petra Inc., Construction Manager, will be present to discuss the project. Bidders are encouraged to attend and participate in the conference. The City Purchasing Agent will transmit to all prospective bidders of record such Addenda as required in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. Dated this 20th day of September , 2006. Keith atts, Purcha g Agent 6of22 BID FORM ABATEMENT & DEMOLITION BID NUMBER CH-06-001 s Furnish all labor, materials, equipment, and incidentals as required for the ABATEMENT of project site per the Scope of Work and Work Description..........................I............$ Furnish all labor, materials, equipment, and incidentals as required for the DEMOLITION of project site per the Scope of Work and Work Description.......................................$ TOTAL IF AWARDED BOTH ITEMS ..............................................$ State number of days to complete Abatement State number of days to complete Demolition Total cost to include all labor, material, equipment, freight, insurance, travel, lodging, incidentals, and applicable taxes Payment Discount Cash discount of % for payment within calendar days. (No deposits, prepayments or percentage payments will be allowed) Certificate of Understandin The undersigned represents and warrants that the undersigned has examined the location of the proposed work and is familiar with the local conditions at the place where the work is to be done, and the undersigned has reviewed and understands the plans, specifications and other documents, and the undersigned is satisfied with all conditions for performance of the work. The undersigned has checked carefully all the above figures and understands that the City of Meridian will not be responsible for any errors or omissions on the part of the undersigned in creating this bid. The undersigned declares: that he/she holds the position indicated below as a corporate officer or the owner or a partner in the business entity submitting this bid; that the undersigned is informed of the relevant facts surrounding the preparation and submission of this bid, that the undersigned knows and represents and warrants to the City of Meridian that this bid is prepared and submitted without collusion with any other person, business entity, or corporation with any interest in this bid. i declare under penalty of perjury that the foregoing is true and correct. CONTRACTOR/FIRM: By. 7 of 22 PRINTED OR TYPED NAME: TITLE: DATE: 8 of 22 INSTRUCTIONS TO BIDDER 1 . Bid must be submitted on the forms provided by the City of Meridian Purchasing Department. All items shall be filled in and the signatures of all persons signing shall be written in longhand. Bids not submitted on the forms provided may not be considered by the City. Bids shall be delivered to the City Clerk, 33 East Idaho Avenue, Meridian, ID 83642 prior to 2:30 P.M. on OCTOBER 5, 2006. Bids, received after that time will be returned unopened to the respective bidder and will not be considered for evaluation. Mistakes must be corrected and the correction inserted; correction must be initialed in ink by the person signing the Bid. All bids shall be submitted in a sealed envelope and clearly identified on the outside to read: a) ABATEMENT & DEMOLITION b) Bid Number CH-06-001 c) Opening Date OCTOBER 5, 2006 Bids shall be opened in public at 2:30 P.M. on said date. Bidder shall submit entire Bid package completed and signed. 2. Alternate bids will be considered unless otherwise stipulated. 3. If required, before award or execution of the contract by the City, the Contractor shall file with the City a surety bond satisfactory to the City in the amounts and for the purpose noted. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in Idaho and secured thorough an authorized agent with an office in Idaho. Contractor shall pay all bond premiums, costs and incidentals. a) Bid Bond If required, Bidder's security shall take the form of a bond, cashier check, or a certified check representing the Contractor's firm commitment to stand behind the Bid price. The Bidder's bond shall be prepared and guaranteed by an admitted corporate surety made payable to the "City of Meridian" , or the certified check shall be issued and certified by a responsible bank or banker. b) Performance Bond A Performance Bond may be required to secure fulfillment of all of the contractor's obligations under the contract. If required, prior to the execution of the contract or awarding of a Bid by the City, the successful contractor shall file with the City a surety bond satisfactory to the City in the amounts noted herein. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in Idaho and secured through an authorized agent with an office in Idaho. Contractor shall pay all bond premiums, costs and incidentals. c) Payment Bonds 9 of 22 A Payment Bond may be required to assure the contractor's full discharge of it's obligations to subcontractors, suppliers, and other labor used on the project. If required the successful contractor shall file with the City a surety bond issued by a Idaho admitted surety in the amounts noted herein. 4. No bidder shall be interested in more than one Bid. 5. The City reserves the right to waive any informalities or minor irregularities in connection with the bids received. 6. All provisions of the City Purchasing Policies are applicable to any bid submitted or contract awarded pursuant thereto. 7. If equipment is proposed, it is to be newest and latest model in current production. Used, remanufactured, shopworn, demonstrator, prototype or discontinued models are not acceptable unless otherwise stipulated. 8. Within thirty (30) days after the bid opening, a contract may be awarded by the City to the most responsive and responsible bidder, subject to the right of the City to reject all bids, as it may deem proper in its absolute discretion. The time for awarding a contract may be extended at the sole discretion of the City. If required to evaluate bids or for such other purposes as the City may determine, unless the bidder objects to such extension in writing with his bid. 9. Except as where the City of Meridian Purchasing Department exercises the right reserved herein to reject any or all bids, the contract will be awarded to the bidder who has submitted the lowest responsible and responsive bid determined by lowest total base bid amount based on the quantities given in the schedule. Quantities are approximate, only being as a basis for the comparison of bids. The City of Meridian Purchasing Department reserves the right to increase, decrease or omit portions of the work as may be deemed necessary in the sole discretion of the City. In addition to price in determining the most responsive and responsible, consideration shall be given, but not limited to: 10. The City of Meridian does not discriminate on the basis of race, religion, sex, national origin, marital status, age, physical handicap, ownership by women or minorities or sexual orientation. 10 of 22 GENERAL TERMS AND CONDITIONS CONTRACTOR DEFINITION The term "Contractor" means an individual or firm, registered with the State of Idaho as a General Contractor, Subcontractor, Specialty Contractor or licensed with the State as a Public Works Contractor or in the discipline required for the work. EQUAL EMPLOYEMENT OPPORTUNITY Contractor agrees to comply with the provisions of Title VI and VI I of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. ADDENDA OR BULLETINS Any Addenda issued during the time of bidding shall be covered in the bid and will be made a part of the contract. COST OF PREPARATION OF BID The City shall not pay costs incurred in the bid preparation, printing or demonstration process. All such costs shall be borne by the Bidder. EXAMINATION OF CONTRACT DOCUMENTS Bidders shall carefully examine the specifications, and satisfy themselves as to their sufficiency, and shall not at any time after submission of the bid, dispute such specifications and the directions explaining or interpreting them. Should a Bidder find discrepancies in, or omissions from, the specifications and/or drawings, or should he/she be in doubt of their meaning, he/she shall at once notify the City of Meridian Purchasing Department. Notification is to be in written form and must be submitted at least ten (10) days prior to the bid opening date. Any interpretations by the City will be made in written form. Any change in requirements will be done in the form of a written addenda. The receipt of any resulting amendments must be acknowledged in accordance with the directions on the amendment. Oral explanations or instructions given before the award of the contract will not be binding. RIGHTS TO PERTINENT MATERIALS All responses, inquiries, and correspondence relating to the Invitation for Bid and all reports, charts, coverage maps, displays, schedules, exhibits, and other documentation produced by the bidder that are submitted as part of the bid shall become the property of the City after the bid submission deadline. 11 of 22 RIGHT OF THE CITY TO REJECT BIDS The City reserves the right to reject any and all bids or any part of any bids, to waive minor defects or technicalities, or to solicit new bids on the same project or on a modified project which may include portions of the originally proposed project as the City may deem necessary. BID EVALUATION In determining the amount proposed by each Contractor, the City shall disregard the mathematical errors in addition, subtraction, multiplication and division that appear obvious on the face of the bid. When an item price is required to be set forth in the bid and the total for the item set forth separately does not agree with a figure which is derived by multiplying the item price times the City's estimate of the quantity of work to be performed for said item, the item price shall prevail over the sum set forth as the total for the item unless, in the sole discretion of the City, such a procedure would be inconsistent with the policy of the bid procedure. The total paid for each such item of work shall be based upon the item price and not the total price. Should the bid contain only a total price for the item and the item price is omitted, the City shall determine the item price by estimated quantities of work to be performed as items of work. If the bid contains neither the item price nor the total price for the item, then it shall be deemed incomplete and the bid shall be non-responsive. AWARD The City of Meridian reserves the right to award this contract to the Contractor whose total aggregate bid is most responsive to the needs of the City. An evaluation of the Contractors ability, quality, and performance on previous or current contracts will be used in addition to total cost as a basis of award for any resultant contract. The wining Contractor will be required to enter into a "Independent Contractor Agreement" with the City. The final agreement will be a modified version of the standard AIA Agreement modified for the Qt 's use. The agreement will utilize the suite of AIA forms. SEPARATE CONTRACTS The City of Meridian reserves the right to let separate contracts for portions of the work concurrently with the project. This Contractor shall work and coordinate with separate contractors and City personnel. PURCHASE AGREEMENT DOCUMENTS A copy of the Notice Inviting Bids, Instructions to Bidders, General Conditions, Special Conditions, Specifications, Plans and/or Drawings, Bidder's Proposal and any other related documents will remain on file in the office of the City Purchasing Agent. 12 of 22 ADDITIONAL TERMS AND CONDITIONS SITE VISIT All interested Contractors are encouraged to visit the areas where the services are to be performed and familiarize themselves with all conditions that may affect the time or cost of performance. Failure to ascertain such conditions shall not be the basis of any subsequent claim or contract modification. PUBLIC WORKS CONTRACTOR All contractors bidding on Public Works projects MUST be licensed with the state as a Public Works Contractor and MUST submit their Public Works Contractors License number with their bid. LICENSURE 1 SUBCONTRACTORS Per State of Idaho Statute #54-1902, the following must be strictly adhered to; Bidders are required to hold current licenses as Public Works Contractors in the State of Idaho at the time of Bid, Contractor shall require that all of its subcontractors be licensed in their respective fields, and Contractor is prohibited to subcontract in excess of eighty percent 80%) of the work under this Public Works Contract. Any work planned to be Subcontracted shall be so listed on the bid form and the qualified Subcontractor identified. Per State of Idaho Statute #67-2310, Contractor must list all subcontractors engaged for this project and such subcontractors must be licensed by the State at time of Bid. Contractor shall obtain and hold such other licenses as required by federal and local laws and regulations. A bidder may be deemed not responsible and the bid rejected if a listed subcontractor is not responsible. Responsibility of any bidder or of any listed subcontractor shall be determined at the sole discretion of the City of Meridian. Bidders shall comply with all applicable laws and regulations in submission of bids or be considered non-responsive. INSURANCE AND INDEMNIFICATION The Contractor shall hold harmless and defend, save, and Keep the City of Meridian and it's elected.officials, officers, employees, agents, and volunteers free from any/ail liability for damages including, but not limited to, monetary loss, judgments, fees, costs, and expense, incurred by reason of claims, suits, or decrees that may arise from any injury to a person or persons or damages to property occurring during the performance of the work determined by this Contract. The Contractor shall reimburse the City of Meridian for all costs, fees, and monetary disbursements of any nature incurred by reason of said claims, suits, or decrees wherein suit 13 of 22 is deemed expedient and necessary by the City to do so in the good faith disposition of said claim. Neither party hereto shall be liable for any damages proximately arising from the negligence, wrongful act, or omissions of the other party and shall indemnify, defend, and hold harmless the other party from such claim for damage for liability that should occur. Indemnification Contractor shall indemnify the City from any and all claims, losses, damages or liability arising out of this contract from any cause whatsoever, except the active negligence of the City. Insurance Contractor shall procure and maintain at Contractor's expense, for the duration of the Agreement, insurance coverage provided by a Idaho admitted insurer licensed to transact business in Idaho, as hereinafter provided, including insurance coverage against claims for injuries or death to person or damage to property which ma arise from or in connection with the performance or omission to perform any term or condition of the Agreement by the Contractor or Contractor's agents, representatives, employees or subcontractors as follows: A. Minimum Scope of Insurance Insurance coverage shall be at least as broad as: 1. General Liabilit ONE MILLION DOLLARS ($1,000,000.00) combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit. 2. Professional Errors and Omissions: Policy limits of ONE MILLION DOLLARS ($1,000,000.00) in professional errors and omissions insurance. 3. Automobile Liability: Owned/Nonowned automobile liability insurance providing combined single limits covering bodily injury liability with limits of no less than ONE MILLION DOLLARS ($1,000,000.00 per accident and providing property damage liability of no less than ONE MILLION DOLLARS ($1,000,000.00 PER ACCIDENT. 4. Workers' Compensation Insurance: Workers' Compensation Insurance as required by the Labor Code of the State of Idaho. B. Deductibles, Self-insured Retentions, Named Insureds 14 of 22 Any deductibles, self-insured retentions or named insureds must be declared in writing and approved by City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insured; or the Contractor shall post cash, bond, or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. C. The insurance policies are to contain or be endorsed to contain the following provisions_: 1. General Liability and Automotive Liability Coverages a. The Contractor shall provide a specific endorsement naming the City of Meridian and City's elected officials, officers, employees, agents, and Volunteers as additional insureds regarding: liability arising from or in connection with the performance or omission to perform any term, condition or requirement of the Agreement by or on behalf of the Contractor; services, products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; and automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City or City's elected officials, officers, employees, agents, and Volunteers. b. The Contractors insurance coverage shall be primary insurance regarding the City and City's elected officials, officers, employees, agents, and Volunteers. Any insurance or self-insurance maintained by the City or City's elected officials, officers, employees, agents, and Volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected officials, officers, employees, agents, and volunteers. d. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City and City's elected officials, officers, employees, agents, and volunteers for losses arising from the performance of or the omission to perform any term, condition or requirement of this Agreement by the Contractor. 3. All Coverages Each insurance policy required by this section shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to City. 15 of 22 D. Acceptability of Insurers Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-Vll. E. Verification of Coverage Prior to performing any term, condition or requirement of this Agreement, Contractor shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this section. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements shall be received and, in City's sole and absolute discretion, approved by the City before any term, condition or requirement of the Agreement is performed by Contractor. City reserves the right to require complete copies of all required insurance policies and endorsements, at any time. F. Subcontractors Contractor shall require that all of its subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. G. Insurance Limits to Not Limit Contractors_Liabili The limits of insurance described herein shall not limit the liability of Contractor and Contractor's agents, representatives, employees or subcontractors. PAYMENT REQUEST Payment requests shall be submitted to Petra, Inc., Attn. Wesley Bettis Jr., Construction Manager. The Purchasing Agent will forward a copy to the Construction Manager for review and approval. The Purchasing Agent and Construction Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and in compliance with the Agreement, the Purchasing Agent will return the invoice to AP for payment. CLEANUP Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup is not performed. TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have (negotiated) calendar days to complete the work as described herein. Contractor shall be liable to the City for any 16 of 22 delay beyond this time period in the amount of 1� 50.00 per calendar day at owners discretion. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. FORM AGREEMENT Form Agreement; Exceptions and Alternatives. The Agreement to be used will be a derivative of the standard AIA Agreement, modified for use by the City. The successful bidder will be expected to sign the Agreement upon award of the Bid. Any alternative terms must satisfy all minimum qualifications specified in the IFB. The City expressly reserves the right, in it's sole discretion, to (1) reject a bid containing any exception or alternatives as non- conforming, or (2) accept any bid alternative or exception and to award a contract based there on if determination to be in the best interest of the City. BID INQUIRIES Questions, in written form, regarding this bid should be sent to: City of Meridian, Purchasing Department 33 East Idaho Avenue Meridian, ID 83642 Attn: Keith Watts wattsk@meridiancity.org (208) 888-4433 x207 17of22 EXHIBIT A LIST OF SUBCONTRACTORS In accordance with the State of Idaho Statute #67-2310, all Bidders must list the names and license numbers of all subcontractors and the percentage of the total bid price for each. Bidder may not subcontract more than 80% of the total project cost per Idaho State Law. Failure'to complete the list of subcontractors will render Bid as non-responsive and cause Bid to be rejected. Contractor Percent Subcontractor's Name, License of Total Address and Contact Trade to be Performed Number Contract Person 1. Plumbing 2. Electrical 3. HVAC 4. Instrumentation 5. Coatings 6. 7. 8. 9. 18 of 22 EXHIBIT B LIST OF EQUIPMENT MANUFACTURERS NOT USED 19 of 22 EXHIBIT C CONSTRUCTION EQUIPMENT LIST Bidder shall list al equipment which will be used in the performance of the work, including location, ownership, and how the equipment will be obtained, if not already owned or controlled by Bidder. Number Capacity and Age and Current Date on and Type Manufacturer Condition Location Worksite 20 of 22 EXHIBIT D CONTRACTORS QUALIFICATION 1 EXPERIENCE STATEMENT 1. On Schedule A, attached, list all major, similar construction projects completed by your firm in the past five (5) years. 2. On Schedule B, attached, list current projects under construction by your firm. If joint venture list each partner and their respective responsibility. 3. List the name, address and contact of your firms surety company. 4. On Schedule C, attached, list the experience of the principal individuals or your firm Who will involved in this construction project. 5. Has your firm ever failed to complete a construction contract awarded to it? ( ) Yes ( ) No If yes attach explanation. 6. In the last five (5) years, has your firm ever failed to substantially complete a project in a timely manner? ( ) Yes ( ) No If yes attach explanation. 8. What is your firms approximate total bonding capacity? 9. Does your firm have a formal safety program? ( ) Yes ( ) No If yes please provide a copy. 21 of 22 m L 36 Q� C E O U fO O U) G1 � U a a ud � U L U) < O a U z ❑ -a w m w m m J 2 Q a E a p U Lij U J N LLI❑ U O aC a z w o 0 U T z O U m c O 3 O a z U C .9! � O G aL O � C6 O O D G7 E Q3 a� D M CL a u @ C D m U �L U Y C O U O U � a � ans � Z Uy O U [a � w w -1 z � m w N E w U 0 a a L Q z U wa � C � C � O U U Cl) c 3 O U C a7 @ D C aL o @ D 0 0 U @ En G O U O C o d) U C 'a W C •` lC W C x O (D co O Q O �L a -a c m o . � U 7 r w �4 N ❑ _ O LLJ U J U LLI z J ❑ O ` w U) _ _ � O m O G O �N O a. W m z ADDENDUM NO. 1 TO BID NO. CH-06-001 f PURCHASING AGENT -r 33 East Idaho Avenue Meridian, ID 83642 CITY or "�{1�; Phone: 208-888-4433 Fax: 208-887-4813 IDAHO `1 T Vhfr'�T s,ntr'.V Xy wr. k ISO) ADDENDUM NO.1 BID # CH-06-001 TO: ALL PROSPECTIVE BIDDERS September 28, 2006 Reference: Meridian Creamery Abatement& Demolition Subject: Project#CH-06-001 - Addendum#1 Prospective Bidders for the above mentioned Request for Bid are advised that the bid is hereby corrected and amended as follows: This Addendum#1 to the Request for Bid to provide abatement and demolition to the Meridian Creamery, Project#CH-06-001, dated September 20, 2006 is issued for the purpose of adding Option Pricing for eliminating the salvage requirements for the brick and to clarify the remaining salvage materials and to distribute the Pre-Bid Meeting Minutes. 1. This addendum must be signed and faxed to the purchasing department @ 208-887-4813 and acknowledged on the bid form submitted with your bid, 2. The pre-bid meeting minutes are included herein and by this reference made a part of the request for bid. 3. The six (6) photos, included, show a sample of the Barrel Trusses and 2x's and the smoke stack door that are referred to in item # 00005 of the Pre-Bid Meeting Minutes. 4. All salvaged items for the City's re-use will be stored onsite. 5. A site plan is attached for reference. 6. The line of trees along the canal at the South edge of the property are to be removed. 7. All other terms and conditions of the bid remain the same. Please note the corrections by signing below and call me if you have any questions. Sincerely, Keith Watts Purchasing Agent 1 of 2 Firm Name Typed ar Printed Name and Title Signature Date 2 of 2 BID FORM ABATEMENT & DEMOLITION BID NUMBER CH-06-001 -SC Furnish all labor, materials, equipment, and incidentals as required for the ABATEMENT of project site per the Scope of Work and Work Description.......................................$ Furnish all labor, materials, equipment, and incidentals as required for the DEMOLITION of project site per the Scope of Work and Work Description.......................................$ TOTAL IF AWARDED BOTH ITEMS ..............................................$ OPTION PRICING: Furnish all labor, materials, equipment, and incidentals as required for the DEMOLITION of project site per the Scope of Work and Work Descri ption—WITH OUT BRICK SALVAGE FOR OWNERS USE (Retain for Demo Contractors Use) ....... ......... .............. ............. $ TOTAL IF AWARDED BOTH ITEMS AND WITHOUT BRICK SALVAGE FOR OWNERS USE (Retain for Demo Contractors Use)..................................................$ State number of days to complete Abatement State number of days to complete Demolition State number of days to complete Demolition (Without Brick Slavage) Total cost to include all labor, material, equipment, freight, insurance, travel, lodging, incidentals, and applicable taxes Payment Discount Cash discount of %for payment within calendar days. (No deposits, prepayments or percentage payments will be allowed) Certificate of Understanding The undersigned represents and warrants that the undersigned has examined the location of the proposed work and is familiar with the local conditions at the place where the work is to be done, and the undersigned has reviewed and understands the plans, specifications and other documents, and the undersigned is satisfied with all conditions for performance of the work. 7 of 22 The undersigned has checked carefully all the above figures and understands that the City of Meridian will not be responsible for any errors or omissions on the part of the undersigned in creating this bid. The undersigned declares: that he/she holds the position indicated below as a corporate officer or the owner or a partner in the business entity submitting this bid; that the undersigned is informed of the relevant facts surrounding the preparation and submission of this bid, that the undersigned knows and represents and warrants to the City of Meridian that this bid is prepared and submitted without collusion with any other person, business entity, or corporation with any interest in this bid. I declare under penalty of perjury that the foregoing is true and correct_ CONTRACTORIFIRM: By: PRINTED OR TYPED NAME: TITLE: DATE: 8 of 22 V1 � �• ,.y` <n�$_ ` W 7ii V S Ll QM S[ o N �si�r q< M H �a a'4�Y ` C'M � �� CO � �� Y�'e • • O O P I 1 � g at O x ndig 4A AR Lu g °eYY< is Np/r'IY wrw �,y ZQ � O toLU r ct- V g V z Z ¢ O tr] I 7 vovsr w_sorLm sIri n R.rLaco s a I h smr or®r zxrrrl ^y . � LLU ,��1 R�DS,CLO S �7, y N¢ OO .urr- O `� © Ii LU : I ❑ �3 f31 Z o o I I. n Q Ia 0 VI Q 0 4 i I IY O O 0 d I fr mI ® O LL O l.FUWN — Z 4`kG •13A0IS!Sr NN qq N W 351 w I ;� tlZSo YlkF' 'a`s I R j cl' L LE a <p 2 run Mlpu LU IS AIYN Y u 0 ~� � � gQo � J LU LU I w zoo - f N �z ¢ °0 'V zz ¢ ' u, EE ; Z ® ° o Q. g J O zz U- , Q ° ' �zZ OD zo F' i z 7- � � p Y ~J V O [ l 1 �t3trrS 15,ew MEETING MINUTES IP3213-4500 TR No. 00002 f Page I of 4 ISE, 1DAHO RC _I 1875 n ROCK S013 D 0F_N .RAT. CONTRACTORS 9056 W,BLACKEAGLE DR. • BOISE,ID 83709 PHONE: (208)323-4500 FAX:(208)323-4507 PROJECT TITLE: Meridian City Hall MEETING DATE: 9/26/2006 LOCATION: )obsite SUBJECT: Pre-Bid Meeting&Tour--Abatement& i ATTENDED INITIALS ATTENDEE NAME COMPANY NAME t Y AI Adam Johnscn lraIncorporated i r Y wi Dak H c Magnum ecntractors LLC Y DH Dave H_niar NoAnwest TeChIleWLS VC Y DMN Have Mason Sanna Services Co. Y APA David Apaslcb cal Demolition 5ellce Y € GUC Galus J.Cunniniiham C&C salva e&Demohtlon Y } JAW Jason Wallace Wallece Brothers Constructlen Y JhM Im Holm Northwest Techmkrl.Inc Y KrB Kem Bird 0, of Meridian Y A.'T KEM W-'Lfs CiY of M.endlan Y ,isz Matt S&,w,,in c&c Saw ge&Demol�non Y STC Steve Christensen WmWd Gorrad Arct;iteds Y TMW Tom Waltu Intermountaln Cons'.&Atmtememt G Y wB Wes Betik Petra Encorporated t Y wsG lvitl Be Qf MerlAm r ITEM DESCRIPTION STATUS STARTED DUE BALL IN COURT 00001 Sign-In and Introductions: A total of 15 present. NEW PPTRA %IVB Distribution of meeting agenda. 00002 Project Review: 4 Acre site to be completely razed of all NEW PETRA WB structures above and below grade including foundation walls and footings. Backfill with material that is on site and grade to approximately 1 to slopes. The demo includes the stack and the boiler house, the main creamery building, the warehouse building, lean-to on k warehouse and the masonry shed in the SE corner of the kk property. 00003 There are no Federal or State funds involved in the NEW PETRA WB financing of this project, therefore no Davis-Bacon or other Prevailing Wage law requirements or associated paperwork. All bidders, to be considered must have a current Idaho Contractor's Registration(RCE #) and a f current Idaho Public Works Contractor's License with a rating equal to or greater than the value of the work bid. Bid documents turned in without this information on there, ` as well as any required bid bonds and other bonding information may be disqualified from any consideration. 00004 Petra, Inc, is the Construction Manager for all phases of NEW PETRA WB the new City Hall construction. All communication and documentation will be run through Petra, Inc. both pre-bid and post-bid. Prepared By: Petra incorporated Dated: 9/26/2006 MEETING MINUTES PETR !^ No. 00002 -= — Page 2 of 4 LBO323-450 ) l ISE, IDAHO RCS.-1875 ni ROCK SOLID oLrNrRaL CC►t lr R CTORS 9056 M BLACKEAGLE DR. • BOISE, ID 83709 • PHONE. 208 323 4500 FAx: 208 323 h507 ITEM DESCRIPTION STATUS STARTED DUE BALL IN COURT 00005 Access and Parking: Four access gates have been NEW PEfRA WB installed in the temporary fence, One man gate on the North side; one double panel gate on either end of the existing East-West alley; and another double panel gate on the curb cut in the SW corner of the site on Meridian St. t The stripped parking lot on the East side of the fence across from the old Farmer's and Merchants Bank Bldg will be available during the course of the abatement and demD phase of the project for parking and staging. On street } parking by construction personnel is strongly discouraged to minimize the impact of this project on daily operations. Absoluteiy no construction parking at the Zamzow's Mill Property, is It is strongly encourage that all bidders attempt to make contact with the adjoining property Owner to the East of the Parking Lot, the old gas station, to gain permission for access and staging into the construction site. The Property Owners are the Buich's and a phone number will i be provided in the addendum. 1 i 00006 Traffic: It is recommended that the Meridian St. access NEW PETRA WB points be used as "In Only" . The high volume of traffic on Meridian St will make it difficult to exit and turn right or left. Main St, is a better exiting route. The Successful Contractors)will be responsible for designing, getting approval for and implementing a traffic control plan for any time their work impacts the traffic lanes or when the fence needs to be moved into a traffic lane or otherwise i impact the traffic flow. Failure to get approval on a traffic plan from ACHD and/or Meridian City does not constitute grounds for a change order or project delay. 00007 Bid Form & Process: Additional and supplemental bid NEW CI YMER KWT documents are available upon request from Keith Watts the City Purchasing Agent or Petra, Bids will be received in the City Clerk's Office prior to 2:30 PM on bid day, Thursday October 5, 2006. Bid opening will be public and in the City Council Chamber. Any questions, requests for information or clarification are to be submitted in writing via U.S. Mail, Fax or E-Mail to the CM at Petra for written response. Answers, with the ' corresponding question will be distributed to all active i bidders, Prepared By: Petra Incorporated Dated: 9/26/2006 "pedtl'" 1 I pT� -� MEETING MINUTES No. 00002 ,R — - - Page 3 of 4 323-4500 sots, tioAt�o RCG ID ri ROCK. SOS GENERAL CONTRACTORS 9056 VJ. BLACKEAGLE DR. • BOISE,iD 83709 • PI-IONF: (208)323-4500 • FAX: (208)323-4507 ITEM DESCRIPTION STATUS STARTED DUE BALL IN COURT I 00008 Questions: Page 5 of 22, last paragraph notes that "All NEW CtTYMER KWT non-hazardous material waste must be transported from the site by the City's contracted waste disposal contractor, SSC." After discussion with the Dave Mason from 5SC it was noted that during the abatement and demo phase of the construction, the Contractor(s) are responsible for transportation and disposal of all waste generated from this scope of work in a properly licensed and permitted facility. 00009 Addendum 1: An addendum will be published and NEW CITYMER KWT distributed later this week with supplemental information and clarifications. This will include a better site map and more clarification on salvaged materials. Currently the materials the City would like to retain for I. re-use in the new facility for historical reference include! the door and frame off the stack; the brick from the East side of the creamery bldg, and all of the brick off the warehouse building (exterior faces only); and the barrel trusses (3) disassembled and stacked and all of the 2x purlins over the barrel trusses and the the beams only in the balance of the warehouse. All salvaged material is to be stored off-site in a location to be noted in the Addendum. Particular note was made of the comments by the touring bidders regarding the cost and time associated with the salvage operations and this information was forwarded to the City Leaders for further consideration. 00010 Safety Program: Safety is a priority on this very high NEW PETRA Wg profile project. The successful contractor muts file their company safety program with the CM after notification, but prior to the execution of their contract with the City. The Demo Plan must be filed with the CM prior to the I! execution of the contract with the City. This may be in narrative form, but needs to outline the process and plan for working through the project. Petra, Inc is a Partners with OSHA Contractor and will keep this a safe site at all times. Failure to maintain a i safe work site or participating in unsafe practices is grounds for removal from the project and defaulting on i the contract. i Copies of the Contractor(s) weekly safety meeting minutes and sign-In sheet for all employees working on sire must be forwarded to the CM within one week of the previous meeting. Prepared By: Petra Imorparated Dated: 9/26/2006 Eape6lon 0 � f n MEETING MINUTES I No. 00002 Page 4 of 4 323-4500 SOISE, 1DAHO I RCE-1875 n ROCK SQ m GENERAL C 014TRACTOR S j _ 9055 W. BLACKEAGLE DR. • BOISE, ID 83709 • PHONE:(208)323-4500 • FAX: (2C8)323-4507 ITEM DESCRIPTION STATUS STARTED DUE BALL IN COURT l I 00011 Time Frame: The current schedule notes completion of NEW PEI-RA PC E the abatement and the demo by the end of this calendar year. It is noted that once contract(s) are issued that ! demolition may begin on structures that contain no hazardous materials and in areas of the creamery building that contain no hazardous materials. However, the City is looking to the bidding parties to denote the most cost effective time frame for the scopes of work to determine the final timeline. 00012 Tour of Site and Structures: NEW PETRA WB ' I Questions that were raised: f Will water be provided for dust control. The CM will work with the City to secure a hydrant on site to provide water for construction purposes. What to do with the well house on the South side of the Warehouse Building? Remove the block and wood structure, then mark the well head with a T-post painted blue and protect from being covered-up or removed. LCA and Petra will get well location(s) located on a control set of drawings. E What is in the barrels located on the second floor of the F creamery building? It appears that this is water used for support/ballast for the paintball operations, but Petra wiii i look into this further and respond in the addendum if i possible, Will only one contract be awarded for both scopes of work? No, the City will evaluate all bids and determine the best package for the City within the guidelines of the applicable IPWC statutes. That is why there are separate line items for each scope of work and a third line for a ` combined bid. I i II I ' i 1 i f i Prepared By. Petra Incorporated Dated: 9/26/2006 E'pe&"o^ • ! i � CONTRACTOR'S SUBMITTED BID 'Tr PURCHASING AGENT CrTY br �'�'_ y .,� 33 East Idaho Avenue, Meridian, ID 83642 errri�n 4 Phone: (208) 888-4433 x207 IDAHO Fax: (208) 887-4813 C��� �7ucxx.n:Y..•�* .Yw A ,nu r INVITATION FOR BID BID NO. CH-06-001 PROJECT NAME & SPECIFICATIONS: ABATEMENT & DEMOLITION BIDS MUST BE RECEIVED PRIOR TO 2:30 P.M. OCTOBER 5, 2006 DELIVER BID RESPONSES TO: City of Meridian, City Clerk 33 East Idaho Meridian, ID 83642 Bidders are required to submit one (1) original and two (2) additional signed copies of their Bid response (including all required attachments)to the above address. Bids shall clearly identify the project name, Bid number, and Bid response date on the outside of the envelope and be delivered in a sealed envelope. Failure to do so may cause the Bid to be rejected. PRE-BID CONFERENCE DATE: PRE BID CONFERENCE TIME: SEPTEMBER 25, 2006 2:00 pm MST LOCATION OF PRE-BID CONFERENCE: 27 E. BROADWAY MERIDIAN, ID 83642 NAME AND LICENSE # OF COMPANY SUBMITTING BID NAME: LAG 6��=,ltit�C.► 1 L© -� �i-. \C-0 S 1��-- C IDAHO CONTRACTORS LICENSE NO. 0 LCi 7�q IDAHO PUBLIC WORKS CONTRACTORS LICENSE NO. � Signed addenda/addendum to be included in the BID Response. Contractor to complete the below and return with the BID Response. Addendum No, A- Dated - O(:, Date Received_a1-�`t' �0 6 Initials Addendum No. Dated Date Received initials Addendum No. Dated Dale Received Initials Addendum No. Dated t. Date Received Initials Addendum No. Dated Date Received Initials Addendum No. Dated Date Received Initials Bidder's Name (Printed): oL,\, Bidder's Signature: Bidder's Title: BOND REQUIREMENTS Bid Security required Bid Security Yes' Amount $ 5% of the Bid Price Performance bond required (Performance Bond -Yes) Amount $ 100% of the Contract Amount syment bond required (Payment Bond - Yes) Amount $ 100% of the Contract,Amount *See item 3 , under General Terms and Conditions for specific security/bonding requirements.' If requited, only the successful Bidder shall submit a performance and payment bond as described in the General Terms and Conditions of this Bid. FOR CITY USE ONLY Bid was opened on above date and at prescribed place. Received: ] Cashiers or Certified Check drawn on a Idaho bank ] Surety Bond By: Purchasing Agent, City of Meridian 2 of 22 NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the City of Meridian,Purchasing Department: In accordance with Title 23 United States Code Section A 12 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid,and has not directly on indirectly colluded,conspired,connived or agreed with any bidder or anyone else to put in a sham bid or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of we bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of any one interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, of the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. DECLARATION UNDER PENALTY OF PERJURY The undersigned Bidder declares and certifies under the penalty of perjury: that the only persons or parties interested in this bid as principals are those named herein as Bidder,that helshe holds the position indicated below as a corporate officer or the owner or a partner in the business entity submitting this bid; that the undersigned has examined the General Conditions and Instructions to Bidders"and the specifications; that the undersigned is informed of all the relevant facts surrounding the preparation and submission of this bid, that the undersigned(if awarded the contract)will execute and fully perform the contract for which the bids are called;that the undersigned will perform all the work and/or furnish all the materials specified in the contract,in the manner and time therein prescribed, and according to the requirements as therein set forth; and that the undersigned will lake in full payment therefore, the prices set forth in the attached schedule"Form of Bid" knows and represents and warrants to the City of Meridian that this bid is prepared and submitted without collusion with any other person, business entity, or corporation with any interest in this bid. I declare under penalty of perjury that the foregoing is true and correct. Name of Bidder: G7 C,J 'Type of Business: ❑ Individual doing business under own name ❑ Corporations XIndividual doing business using a firm name ❑ Partnership ❑Joint Venture (Please attach Joint Venture Agreement) Business Address: 9,0-Ol°�, �, t✓�, (2.G-) City, State, Zip Code: C v,�cEl�k 1 —k- Dated: Q — !�7— - , 8y. - -- (Signature) (Print Initials) Name: r�C� Title: (Type or Print Name) ,-�G �� Email Address: � t C--)k, � Teiephone Number: cc,/ C Fax Number : 2QC6 'To be signed by authorized corporate officer or partner or individual submitting the bid. EXAMPLE If Bidder is: Sign: 3of22 EXHIBIT A LIST OF SUBCONTRACTORS I In accordance with the State of Idaho Statute #67-2310, all Bidders must list the names and license numbers of all subcontractors rand the percentage of the total bid price for each. Bidder may not subcontract more than 80% of the total project cost per Idaho State Law. Failure-to complete the list of subcontractors will render Bid as non-responsive and cause Bid to be rejected. Contractor Percent Subcontractor's Name, License of Total Address and Contact Trade to be Performed Number Contract Person 1. Plumbing 2. Electrical 3. HVAC 4. Instrumentation 5. Coatings G�6�cwa.--� S4A•FFa�Q 7. 9. 18 of 22 EXHIBIT C CONSTRUCTION EQUIPMENT LIST Bidder shall list al equipment which will be used in the performance of the work, including location, ownership, and how the equipmenttwill be obtained, if not already owned or controlled by Bidder. t, Number Capacity and Age and Current Date on and Type Manufacturer Condition Location Worksite IL GP. 5-0(pc00 E-M U R oa CA HA--(Ct'-J 1)&9AQc ¢e P- 20 of 22 EXHIBIT D CONTRACTORS QUALIFICATION 1 EXPERIENCE STATEMENT 1. On Schedule A, attached, list all majq, similar construction projects completed by your firm in the past five (5) years. r• 2. On Schedule B, attached, list current projects under construction by your firm. If joint venture list each partner and their respective responsibility. 3. List the name, address and contact of your firms surety company. l ram- O O �A:C ��3 C <2 4. On Schedule C, attached, list the experience of the principal individuals or your firm Who will involved in this construction project. 5. Has your firm ever failed to complete a construction contract awarded to it? ( ) Yes (K) No If yes attach explanation. S. In the last five (5) years, has your firm ever failed to substantially complete a project in a timely manner? ( ) Yes (><) No If yes attach explanation. S. What is your firms approximate total bonding capacity? f5 op 9. Does your firm have a formal safety program? Yes ( ) No If yes please provide a copy. 21 of 22 CD w =� 2- bd C? rf CID a o o w C� ca. R CD � c°o o c. o , o 9 o n �i o n c, x p coo C} � r � �! cn y UQ o p. np C� cn h C17 O• COD co rr ` nC � � � xy o °�, m w � 4 _ o . . NCD CD d y� P : � oo oSC) 5 V `-' coON (7 0 o a o o g N CD C➢ CD CD 0-4 --� O CL A• Q CL O O O - ... .-. O O O d O O N O O \ 00 O OO C> p In O� CT In In Ch kA LA CD CDCD � Q 00 CD o 00 W iv °^° o o0 o i oo ON CD o 00 0 0 0 UN; 0 0 0 o C r? O 0 o a o 0 0 0 0 o a o Q J n ro o � � o Work Histary: Please list appropriate work history with similar dollar amounts for the class of license desired. List al least 5-6 projects per year for the last three years starting with your biggest project(dollars). Please list only work you have completed with your own resources. If work history is for a former employer,indicate that company and your position with them at the time. P}ease be specific and list work history that supports the types and categories you marked on pages 7&8. [fit is insufficient,you will be asked to submit more. .".f.. r Please attach additional pages if necessary. This section only needs to be completed for Originals,Upgrades or Adding I Changing types or Categories. Year I Dollar Amount Specific Work Description gq��s*Location FFoor Whom Performed __9 ,C. S a R IM (�l �.ar ss";�i t"M01��� ; 0. 91CO3 .r r 1 2006 105,500 w Interior and Site Demolition,Excavation(Golds Gym) Boise.Id, ideal Demeiiten Serv. 2 2006 282,000 Interior and Site Demolition,Excavation(Boise Town Square Mail) Boise,Id. Ideal Demotiton Serv. 3 2005 500,000 Interior and Site Demolition and Asbestos Abatement ToranCe,Ca. Southweswt Industries 4 2004 575,000 interior and Site Demolition and Asbestos Abatement El Segundo,Co. Sovthwcswt Industries 5 2004 360.000 Interior and Site Demolition and Asbestos Abatement Santa Claritta,Ca. Southweswt Industries 6 2004 200,000 Interior and Site Demolition and Asbestos Abatement Saugus,Ca. Sowthweswt Industries 7.2004 308,000 Interior and Site Demolition and Asbestos Abatement Riverside,Ca. Soulhweswi Industries a 2003 300,000 Complete Demolition 8 Story Building Los Angeles,Ca. Castle Rack Enviromental g 2003 225,000 Complete Demo3ition School Palm Springs,Ca.Castle Rock Enviromental 10 2003 150,000 Complete Demo4tiion 2 story building Simi Valley,Ca. Castle Rock Enviromental 11 2003 55,000 Complete Demolilon School Los Angeies,Ca. Castle Rock Enviromental 12.2003 75,000 Interior Demolition USC Campus Los Angeles,Ca. Castle Rock Enviromental 13 2002 150.000 Complete Demolition 4 story building Long Beach,CA, American Wrecking 14 2002 1,000,000 Complete Demolition 50 Acre Site La Habra,Ca. American Wrecking 15 2002 1.000.000 Complete Demolition 32 Acre Site Burbank,Ca, American Wrecking 16 2002 250,000 Complete Demolition Library Los Angetes,Ca. American Wrecking 17.2002 180.000 Complete Demolition Concrete Building Orange,Ca. American Wrecking 1a 19 20 Fixed asset list Only list equipment used in your business. Please attach additional pages if necessary, You may submit a depreciation schedule If you have one that is already prepared. This section only needs to be completed for Originals or Adding 1 Changing types or,categories. Description Year Purchased Owner Original Cost Depreciation Book Value Market Value Pv r-,0 ri-mrsaNa 9 0� y r 4) Ski cu a11 A y o � Ol i Q G. U i 0 v 1'" Z O 002 m � n m m z O U W � f1J W 0 ❑ z � m n ❑ a o a _ E o �r U U U rn W -a O a ? o � o Q v U �►� 4� m 3 5 U Qi p CL �A ° o i. V a o 1 w •iF� J c 0 N y 0 U .p C C .O to d G K O �y O CL O .` a a � d a LL m = o w U O L w rr � O � L) U L z g Z w U) = Ucc w o U) a a; ca 0 G O w .N O a a � d m J BID FORM ABATEMENT & DEMOLITION BID NUMBER CH-06-001 .�; rye r .r ti F 5` ��� N-. .yrf rr r #r �- u Jt.Jr,G I•lip i:7"A7l�f ®r0E"tn ' i�s.e� Igo � Furnish all labor, materials, equipment, and incidentals as required for the ABATEMENT of project site per the Scope.of Work and Work Description.......... ......$ 000 A (go Furnish all labor, materials, equipment, and incidentals as required for the DEMOLITION of project site per the Scope of Work and Work Description.......................................$ 000. TOTAL IF AWARDED BOTH ITEMS ..$ 38-10 D, a() OPTION PRICING: Furnish all labor, materials, equipment, and incidentals as required for the DEMOLITION of project site per the Scope of Work and Work Description...WITHOUT BRICK SALVAGE FOR OWNERS USE (Retain for Demo Contractors Use) .............................................. It, 000, 00 TOTAL IF AWARDED BOTH ITEMS AND WITHOUT BRICK SALVAGE FOR OWNERS USE (Retain for Demo Contractors Use).................................................. 2- r?� State number of days to complete Abatement State number of days to complete Demolition 45 State number of days to complete Demolition � 5. (Without Brick Slavage) Total cost to include all labor, material, equipment, freight, insurance, travel, lodging, incidentals, and applicable taxes Payment Discount Cash discount of- % for payment within LP3 calendar days. (No deposits, prepayments or percentage payments will be allowed) The undersigned has checked carefully all the above figures and understands that the City of Meridian will not be responsible for any errors or omissions on the part of the undersigned in creating this bid. The undersigned declares: that he/she holds the position indicated below as a corporate officer or the owner or a partner in the business entity submitting this bid; that the undersigned is informed of the relevant facts surrounding the preparation and submission of this bid, that the undersigned knows and represents and warrants to the City of Meridian that this bid is prepared and submitted without collusion with any other person, business entity, or corporation with any interest in this bid. I declare under penalty of perjury that the foregoing is true and correct. CONTRACTOR/FIRM:•=1jGP-4.— y PRINTED OR TYPED NAME:��� TITLE:_ (= +�-- DATE:--k-0-LC) © � _� __ l Firm Name Typed or printed Name and Tale --Slg nature f a Y Date �LA rQ -o c CA6 Io-ur_-uurO5 : 0C RGVD 2of2 T 'd ST6�-S9E-80� saatn.�ag not'4; jOwaQ TeapI WdSi, :E 9002 ao -400 THE AMERICAN INSTITUTE OF ARCHITECTS r A!A Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Ideal Demolition Services, LLC 2299 S. Mill Road Emmett, ID 83617 as Principal, hereinafter called the Principal, and North American Specialty Insurance Company 960 W. Broadway Ave. Ste. 420 Boise, ID 83706 a corporation duly organized under the laws of the State of New Hampshire as Surety, hereinafter called the Surety, are held and firmly bound unto City of Meridian 33 E. Idaho Ave. Meridian, 1D 83642 as Obligee, hereinafter called the Obligee, in the sum of *5% of the total amount of the bid attached hereto**************.****** Dollars for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Demolition and Abatement of Meridian Creamery. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified In said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed ealed this 5 ay of October 2006 Ideai_Dem * ion Services, LLC —~� ( rincipa!) (Seal) (W ess) C.L +✓ {Titre) North American Specialty Insurance Company 1 V Sea! Cindy Vitek / rtness) J&04 /j �/ Terry S. obb (Title) Attomey-in-Fact AIA DOCUMENT A310•BID BOND•AIA O.FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y,AVE_N.W.,WASHINGTON,D.C.20006 � NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWAR OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North Ameriep Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laves of the State of Arizona and having its principal office in the City of Itasca, Illinois,each does hereby make,constitute and appoint: TERRY S.ROBB,WILLIAM F, POST and MARY IAOUIER _ JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts ofsuretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TEN MILLION(10,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24 h of March,2000: "RESOLVED,that any two of die President,any Executive Vice President,any Vice President,any Assistant Vice President,the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature ofsuch officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached" \,µµ411111II1l171/7 110R t `\\\,QGtAU ry r' h, ,• q►,1ltlkd yyfG,, ya�pF0 G�i By SEAL J 51eren Y.And—n,r—idem k Chief E...iI!ee Officer of Wat I. ne isegt-Iern ak-1 Ins.—te Company A ORATE us L i 97] 1`1 ` Yrre Prdid rai of North American SpecWdy Inson nn Company �ij;?`}sARRGd4 �'•ti4 arP`+'4C +•a � . � � •.��.�....,..r'Vat' of aft,!, o .rEr� •* *; hhlllu11115Nri�9 a . •a`„ Uarid M.Lay man,Vice Pmident of W'hw pm In[cmati onnl Inw ce Campnny 6 Vice Pmsldent or North American Sperialcy Insurance Co.pars, IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington Intemational Insurance Company have caused Oieir official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 28th day of August 2006 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss' On this 28th day of August T.20 66,before me,a Notary Public personally appeared Steven P.Anderson ,President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M.La an, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies."OFFICIAL SEAL" SUSAN AN5EL �� L f W Pue1,c 5taieo'.7inos p ry Susan Ansel, [votary Public q^if v Commission Expires hU20OB I, James A.Carpenter the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 5 day of October 206 _ Jams A Carpm1w.vier Prw,dcoi A Asvis Seemusy of Washingjan luenunpnai tmwanca Company 4 NoM Amencaa Spaclalrf Insurance Company TREE AND STUMP REMOVAL SPECIFICATIONS TREE AND STUMP REMOVAL SPECIFICATIONS Y Removal of all remaining trees and stumps at the Meridian Creamery Site, not included in the original Invitation for Bid. Fall, cut and remove from site all trees, limbs, stumps, "large" roots and fill with disturbed material that is adjacent to the stump removal area and leave area rough graded to approximate pre-tree removal condition. CONSTRUCTION AGREEMENT PAGE 9 OF t 1 ABATEMENT AND DEMOLITION SCHEDULE SMOKESTACK SCAFFOLD SKETCH SMOK6- 6TAC-14 TbP t Alew-)R7 - TALL 3' B f2ACV,E 7 S bN STA 3'EWL I 2 S` �L.AAN+L vac S i ! Ei•'Gr. - Bq-C S. Cj< S h a f'1AA+mourn p.�Gow w ti f _ ? i + 5 c.aN S NZ ZA 10 CUP LV-? i t �ytJ 13' To V 3 o-r Tb5 Ii� LEVELS - /O 05A A i% 1 2.Q� - �WIII�� CLAMS �p Lop - n woo=b PLAnlK z:�� -Q Wbo� piRn61C � i � �/ KICJCEf� TOLE F !I 23q W ;8A7 i :571�91!a � . 2 is=D 3' $-reae c. pj_AM K 33'4 5 `R SD 3' 51DE gAFtCKC-F 3 i i SITE SPECIFIC WORK PLAN FOR DEMOLITION f Site Specific Work Plan Demolition Meridian Creamery 27 E Broadway Ave. Meridian, ID 83642 10-19-06 PREPARED BY David Aparicio Ideal Demolition Services 2299 Mill Road Emmett, ID 83617 ` TABLE OF CONTENTS DEMOLITION Meridian Creamery 27 E Broadway Ave. Meridian, ID 83642 1. DESCRIPTION OF STRUCTURE 2. SCOPE OF WORK i 3. SAFETY 4. DEMOLITION METHODS AND PROCEDURES 10-19-06 Ideal Demolition Services 2299 Mill Road Emmett, ID 83617 i L0 DECRIPTION OF STRUCTURES Site consists of five structures Main creamery, Boiler house, Warehouse, Smoke Stack and pump building. All structures are constructed of concrete,brick and wood. 2.0 SCOPE OF WORK Demolish Stack and all other structures completely including foundations, walls and footings below grade. Removal of trees and brush, line of trees on south side to remain. Back fill with existing soil and rough grade entire site. Salvage for owner door and frame from smoke stack, brick from east side of creamery building, and all of the brick from warehouse building. All the barrel trusses and 2x purlins over the barrel trusses and beams per specifications. Smoke Stack IDS will erect a 4' wide by 180' tall scaffold with stair case. Tower will be contained using 12 mill poly using a shrink wrap method. Using this method IDS employees will be able to remove the asbestos material and demolish stack from top down using" Rivet Busters" at bottom of stack will have a 12'wide 30'long 9' tall containment for dumpster to be stage. Main Creamery Once an opening large enough for our excavator to pass through is created the soft demo components of building will be wrecked& sized up at this time the debris are loaded off site the remaining perimeter brick walls will be laid down and remove from site for separation. Once this is complete IDS will start removing foundations identified for removal, debris to remove from site. All concrete trash debris will be delivered to approve land fills all metal will be sent to Pacific recycling in Boise. Warehouse Barrel trusses, 2x purlins and beams will be salvage by hand wrecking using Man Lift and forklifts. Once all lumber is removed brick will be safely be removed using an excavator and transported to a designated site. Boiler House and Pump Building Structures will be demolish using excavators debris will be size and transported to approved land fill and metal will sent to Pacific recycling. i 3.0 PROJECT SAFETY Tony Parra has been designated as the responsible safety officer for this project. Ideal Demolition Services will provide a safe environment for our employees, and the general public. Ideal Demolition Services will follow all OSHA Construction Safety Orders. Project will be performed following S. IDS Approved Injury I Illness Prevention Program and Code of Safe Practices. Workers will be trained in general construction safety regulations. Weekly " Tool Box Safety" meetings will be held to discuss specific job site safety hazards. Workers will use the required head, foot, eye, face, and hand protection. Flagmen will be provided with approved vests and flags for traffic control. 4.0 DEMOLITION METHODS AND PROCEDURES i Buildings will be wrecked using a combination of hand wrecking and machinery wrecking.No debris will be dumped on the exterior of the building from a height greater than 25 feet unless parking lot fences are locked to act as a barrier to foot traffic. Work will start on the East side of site. Hand wrecking will consist of worker working from outside of building using man lifts, or from roof with men harnessed off properly. An excavator will help pull this material to the ground to be separated and sized for recycling. Buildings exterior finishes& concrete architectural features will be wrecked with a combination of an excavator with a hydraulic breaker. Below grade footings will be demolished using excavators both with&without hydraulic breakers, concrete walls, slabs and footings. Excavation will be filled with on site materials and left in a safe condition. Resulting trash and metal debris will be loaded into semi-end dump trucks to be transported to approved landfill/recycle site. Project work hours will be from 8:00 AM—6:00 PM Monday through Friday. i Manpower utilization on this project will consist of { 1 —Superintendent 5 —Labor for dust control, traffic control & cleanup and salvage operations. 2—Operator for excavator Workers assigned to this project are experienced in demolition work Project Superintendent has 10 years experience in demolition of buildings and Asbestos Abatement. 10-19-06 Ideal Demolition Services 2299 Mill Rd Emmett, ID 83617 r ASBESTOS ABATEMENT STANDARDS AND PROCEDURES ideal Demolition Services LLC Asbestos Abatement Standards & Procedures Meridian Creamery 27 E Broadway Ave. Meridian, ID 83642 Asbestos Abatement Standards&Procedures Page 1 10-19-06 Ideal Demolition Services LLC Policy Statement It shall be the policy of Ideal Demolition Services to exceed the requirements set forth in federal, state and local statutes and regulations,where it is both practicable and desirable to do so, as a means of reducing exposure to airborne asbestos fibers. It shall be the policy of Ideal Demolition Services to minimize exposure to airborne asbestos primarily by applying engineering controls (such as wet methods, continuous bagging, local exhaust, ventilation and isolationlcontainment) to each asbestos abatement procedure. Personal protective equipment shall be issued only as an additional safeguard, providing protection above and beyond what can be achieved through engineering controls, and never in iieu of such controls. It shall be the policy of Ideal Demolition Services to continually develop and refine the knowledge and skills of its personnel beyond the requirements of the Environmental Protection Agency Model Accreditation Plan through a program of regular safety meetings, project manager lecture/seminars, on-site program review and supervision. It shall be the policy of Ideal Demolition Services to consistently contribute to the development of innovative approaches to asbestos abatement and to the refinement of asbestos abatement techniques. Furthermore it shall be the policy of Ideal Demolition Services to work with clients, consultants, project managers, abatement supervisors, and workers to design and fashion new equipment, and to customize an abatement program to fit the specific conditions that prevail in a given work area. All ideal Demolition Services workers shall comply at all times with the company's directives as promulgated in this document and in the work specifications of the particular abatement project. Workers knowingly in noncompliance with these directives shall be disciplined and/or terminated. All Ideal Demolition Services workers shall comply at all times with all federal, state and 4ocal regulations pertaining to asbestos handling. Workers knowingly in noncompliance with these regulations shall be disciplined and/or terminated. Set-Up and Isolation Controls Warning signs shall be placed at each entrance to the work area. Reusable metal signs or disposable cardboard signs can be used Signs shall inform the reader that breathing asbestos dust may cause serious bodily harm. Any heating, ventilating and air conditioning system (HVAC) shall be shut down and isolated to prevent movement of asbestos dust throughout the building orthe surrounding environment. To avoid inadvertent activation of the HVAC system while removal operations are in progress, the control panel shall be tagged (advising personnel not to activate) and locked whenever possible. It may be necessary to disconnect power to systems (if switching is not available) or put sheet metal caps on ducts that are connected to a larger system which cannot be shut down for more than a brief period. All vents and air ducts inside the work area shall be covered and sealed with two layers of 6 mil polyethylene and polyvinyl tape. Also, an above-ceiling space may often serve as return air plenum to other parts of the building or other floors; hence, these return systems may also need to be isolated. Asbestos Abatement Standards&Procedures Page 2 10-19-06 Ideal Demolition Services LLC All penetration points such as electrical conduits, pipe chasing, baseboards, light switches, electrical outlets, thermostats and other fixtures shall be sealed with foam and/or tape. The key to successful isolation lies in reducing the number of open penetration points. HVAC filters which may be contaminated with asbestos dust shall be removed and disposed of in the same manner as the other asbestos-containing materials. Workers wearing half-mask respirators with high efficiency particulate air filter(HEPA)cartridges and disposable clothing shall remove all non-stationary items that can feasiblely be taken out the work area This shall prevent potential contamination of the items and facilitate the removal process. Before storing the items outside the work area, they shall be cleaned with a HEPA filtered vacuum and/or wet-wiped to remove any asbestos-containing dust. Any carpet shall be disposed of as asbestos-containing waste after an enclosure is established. Items not being removed from the work area, such as large pieces of machinery, water fountains, toilets, etc., shall be wet-wiped or HEPA vacuumed and wrapped in place with 2 or 4 mil polyethylene and sealed with duct tape or polyvinyl tape. Electrical outlets shall be shut down whenever possible and sealed with tape or covered with polyethylene and then taped. Windows should be sealed with &ticals consisting of 2 layers of 6-mil polyethylene and duct tape. Six mil polyethylene shall be used to cover the floor in the work area. Several sheets may be seamed together with spray adhesive and duct tape. After joining the sheets of polyethylene together, the floor covering shall be cut to the proper dimensions; allowing the polyethylene to extend up the wall all the way around the room. The polyethylene shall be flush with the walls at each corner to prevent damage by foot traffic. When the first layer of polyethylene has been secured in place, a second layer shall be installed with the seams of the first and second layers offset. The second layer of polyethylene shall extend a minimum of six inches above the first layer on the wall and secured. After the floors and stationary objects have been covered with polyethylene, two layers of 4 mil polyethylene shall be used to cover the walls. The lighter weight 4 mil shall be used because it is easier to hang and keep in place than the heavier 6 mil. The sheets of 4 mil polyethylene shall be hung from the top of the wall and shall be long enough to overlap the floor sheets. The vertical sheets shall be overlapped and seam-sealed with adhesive tape. The sheets shall be hung using a combination of nails and furring strips (small wood blocks) or spray adhesive and staples, and sealed with poly tape. (Note- Adhesive tape alone will not support the weight of the polyethylene after exposure to the high humidity which often occurs inside the work area). The electrical supply shall have a ground fault and/or ground fault circuit interruption system. All electrical lines in the work area shall be insulated and guarded from employee contact and any other conductive object. Light fixtures may have to be removed or detached and suspended to gain access to asbestos- containing material. Light fixtures and bulbs shall be wet wiped thoroughly before they are removed from the area. If it is not feasible to remove the light fixtures, they shall be wet wiped, then draped with plastic or completely enclosed. Nonessential personnel shall not be permitted to enter the work area. An cn-site job logbook shall be maintained for recording who enters and exits the work area. All equipment that is introduced into the work area should be wrapped in protective plastic sheeting or taped so as to minimize the time required for decontamination. Asbestos Abatemeni Standards&Procedures Page 3 10-19-06 Ideal Demolition Services LLC Construction of Decontamination Unit The decontamination station shall be designed to allow passage to and from the work area during removal operations The unit shall consist of a clean room, a shower room, and an equipment room separated by double overlapping curtains, overlapping rows of heavy gauge plastic strips (butcher flaps), and/or separate air locks. Decontamination chambers shall be located immediately adjacent to the work area wherever possible. A clean core area shall be constructed using canopy scaffolding and 6 mill polyethylene. Plexiglas portholes shall be installed where feasible to allow observation of work practices. A small negative air machine shall be used to re-circulate clean room air as needed. If decontamination facilities cannot be located immediately adjacent to the work area, a centralized shower shall be located at a convenient access point (on the deck of a ship, for example. on a stairway landing or immediately outside a building. In the rare instances when there is not enough space to permit any hygiene facilities to be built at the work site, employees should be directed to change into a clean disposable work-suit immediately after exiting the enclosure(without removing their respirators)and to proceed immediately to the shower. Alternatively, employees could be directed to vacuum their disposable coveralls with a HEPA-filtered vacuum before proceeding to a shower located a distance from the enclosure. Materials used to construct a unit may include 2-inch by 4-inch lumber or PVC tubing for the frame, Y4 inch to%inch plywood or 6 mil polyethylene for the walls, tape, staples and nails. The floor shall be covered with One layers of 6 mil polyethylene. The decontamination unit may be built in sections to allow for disassembly and re-use at another area of the building. The design of the decontamination station will vary with each work area depending on the size of the crew, size of equipment which might have to be removed and the physical constraints imposed by the facility. Workers shall follow egress procedures as described below: - Equipment Room: This is a contaminated area where equipment, boots or shoes, hard bats, goggles and any additional contaminated work clothes are stored. Workers shall place disposable clothing such as coveralls, booties and hoods in asbestos waste bags or bins before leaving this area for the shower room. Respirators shall be worn until after workers eater the shower and clean them with water. The equipment room may require cleanup regularly during a work-shift to prevent asbestos material from being tracked into the shower and clean rooms. - Shower Room: Workers shall pass through the shower room on their way to the removal area, and use the showers on their way out after leaving contaminated clothing in the equipment room. Shower waste-water shall be collected and filtered before disposal into the sanitary sewer. The disposal method shall conform to all Federal and State regulations. Asbestos Abatement Standards S Procedures Page 4 10-19-06 Ideal Demolition Services LLC Clean Room: No asbestos-contaminated items shall enter this room. Workers shall use this area to suit-up, store street clothes, and don respiratory protection on theirway to the work area, and to dress in clean clothes after showering. Construction_of_Equipment and Waste Load-Out Unit A separate decontamination unit shall be built to transfer equipment and waste from the work area. The construction of the equipment and waste load-out unit shall follow the same or similar procedures as the entrance/exit decontamination unit. Entry/exit for equipment and exit for waste shall follow all decontamination procedures. Activation of Negative Air Pressure Systems High efficiency particulate air(HEPA) filtration systems (negative air pressure equipment) shall be equipped with filtration equipment. No air movement system or air filtering equipment shall discharge unfiltered air outside the work area. All exhausted air shall be filtered and discharged whenever feasible outside the building away from any air intake devices. An obvious negative pressure shall be visible. Negative air-pressure systems shall set-up in a manner to maintain a constant negative pressure and provide the required 4 air changes within the enclosure. In the event of a "system"failure, all removal operations shall cease, and procedures necessary to re-start the"down"system shall betaken immediately. Backup air filtration systems shall be made available. Negative air-pressure system vents or ducts leading to the outside shall be sealed airtight Once activated, negative air-pressure shall be maintained until the work area receives final decontamination clearance. Protective Clothing Protective clothing is put on in the clean room of the decontamination unit before Entering the work area. Ideal Demolition Services personnel shall adhere to the following sequence: All street clothes, including undergarments, are removed and stored in clean, convenient bins or lockers in the clean room. The disposable coveralls are put on. The nylon swim suit can be put on underneath the coveralls. Ankles are taped to take up slack in the suits and reduce the chance of tripping. (Tape pants over foot coverings, if separate.) The respiratory equipment is inspected, put on, and fit checked. The hood or head covering is put on over the respirator head straps. Asbestos Abatement standards& Procedures Page 5 is '9_Q6 Ideal Demolition Services LLC Workers then pass through air locks and enter the equipment room. Deck shoes are put on (or safety shoes/boots, as required). Other protective equipment such as hard hats, gloves and safety glasses (if a half-face respirator is used) are also put on. Once inside the work area, workers, or others shall not be permitted to leave without going through the decontamination sequence unless it is an extreme emergency. Employees "stepping out" for a break or supervisors "stepping in" the work area to deliver a message or piece of equipment are not permitted without going through the proper decontamination sequence. Taking Protective Clothing off Whenever Ideal Demolition Services personnel leave a work area for any reason, they must go through the decontamination sequence. This sequence should include the following steps: All protective garments and equipment(except respirators) shall be removed in an area immediately outside the shower on the contaminated side. The area should be designed for this purpose and kept as free as practicable of asbestos-contaminated material. All disposable clothing should be placed in plastic bags and labeled as asbestos-containing waste. The worker should then clean reusable protective equipment such as boots/shoes, safety glasses, hard hats, etc. The worker proceeds to the shower, still wearing the respirator. While showering. the person should try to keep the respirator cartridges dry. Wipe clean the cartridges with towel wipes after showering. The cartridges can be reused. The worker can then proceed to the clean room, dry off, dress in street clothes, disinfect, clean and inspect the respirator. Entry and Exit Procedures All ideal Demolition Services workers must enter and exit the work area through the decontamination chambers. In the outer area, the changing room, workers will remove their street clothing and store it safely. The worker's respirator shall always be put on first and taken off last. Full-body disposable coveralls, hoods, gloves and boots can only be put on after the respirator has been properly strapped on and quickly self-fit tested by the worker. Access to the work site is through the shower room and equipment room. Boots, gloves, and other contaminated equipment are stored and put on in the equipment room. The equipment room must be considered contaminated although it should be maintained as clean as possible. Before leaving the work area, all personnel shall remove visible asbestos-containing material from their suits and respirators by wet-wiping and/or with HEPA vacuum cleaners. This is best done in pairs. Special attention shall be paid to decontamination of boots and disposable foot coverings. Personnel then proceed to the equipment room where they remove all of their disposable clothing, but not their respirators Clothing is sealed in appropriately labeled waste bags. Personnel should then enter the shower room where they thoroughly wet clean their body, hair, and fingernails as well as the outside of their respirators Paper towels are used to dry off with, Asbestos Abatement Standards&Procedures Page a 10-19-06 Ideal Demolition Services LLC but should be disposed of in a plastic bag. The respirator can be taken off once inside the clean area and the air lock between the clean area and the shower room has been resealed. Inside the clean area, the respirator is placed in a sealed, disposable bag for subsequent decontamination, and street clothes can be worn. Under no circumstance shall any worker eat, drink, smoke or use chewing gum or tobacco in the work area. All eating and drinking shall be restricted to a clean location visited only after established decontamination procedures have been followed. Glove bag Removal Techniques for Friable Asbestos Materials Maintenance Activities Other Than Small Scale/Short Duration: When more than one glove bag is used to perform as asbestos removal operation secondary containment shall be established. A critical barrier shall be erected; all penetration points shall be sealed with vinyl tape, foam or other sealing materials. Polyethylene sheeting shall be laid on the floor directly underneath the removal area. Air filtration devices (AFD's) sufficient to create a negative pressure differential between the work area and the rest of the building shall be installed and operated for the duration of the abatement procedure. The glove bag shall be mounted around the pipe and, after placing the required tools inside the interior pouch, shall be sealed airtight with staples and 2" duct or polyvinyl tape. Ensure the adequacy of the glove bag seal by using the smoke tube method. A spray wand inserted into the glove bag shall be used to saturate the glove bag environment and the asbestos-containing material insulation using amended water. For fitting removal, several applications of amended water may be required to thoroughly saturate the material. Use a flex-saw, razor, axle knife or equivalent to cut the insulation attached to the pipe surface. During this process, a second person may be required to keep areas being cut thoroughly saturated with amended water spray. Where possible, locate a seam in the material or gauze wrapping. Some material may be removed without performing further cutting if insulation was installed in sections. This is preferred and the material can be "rolled" off the pipe or hand picked from the fitting. Asbestos should be removed in pieces as large as possible. For detailing and decontaminating, "stripped"surfaces shall be saturated and then nylon brushes or rags shall be used to clean the piping. Close cleaning attention must be made for the pipe fitting and threads The glove bag interior should then be washed down. All tools shall be thoroughly washed and place into one cleaned gloved hand. The gloved hand with the tools shall be pulled out and tied off with a firm twist and then taped. The glove bag should again be washed down; assuring all debris is in the bottom of the bag. Squeeze and twist off the bag to form a contaminant isolation area at the bottom. Firmly seal the separation with poly tape. - The top portion of the bag shall be collapsed with an inserted HEPA vacuum. Tools shall be cut at the taped section from the gloved arm and placed into a bucket of water Asbestos Abatement Standards&Procedures Page 7 10-19-06 ideal Demolition Services LLC for final cleaning. A disposal bag shall be slipped over the glove bag still mounted on the pipe Re-evacuate and leave the vacuum running while removing the bag from the piping. Remove the vacuum hose and seal the bag into the disposable bag. - An approved encapsulant shall be applied with sponges or sprayer to the exposed surfaces. Use a wet cloth or an approved equivalent, covered with heavy mastic or bridging encapsulant to seal the ends. Removal Techniques for Insulation for Boilers and Tanks There is a wide variation in the types of asbestos-containing insulation used on boiler and tanks. Boilers and tanks may be insulated with asbestos "blankets" on wire lath, preformed block, or the chalky magnesia mixture which is typically covered with a finishing cement. Different approaches are required for removing these asbestos-containing materials than sprayed on or troweled-on ceiling insulation, but the same protective measures are used. Careful handling and packaging are required in many cases because of the metal jackets, bands, or wire associated with the insulation materials. Because insulation on boilers and tanks often contains 70% asbestos and areas where these materials are being removed are often confined, high airborne fiber concentrations may occur. Also, these materials are more difficult to saturate with water and they often contain amosite, which is not controlled as well with water as other types of asbestos. For these reasons, Ideal Demolition Services shall use Type C airline respirators or powered air purifying respirators (PAPR) whenever feasible for this type of work. Removal of insulation from tanks or boilers shall be accomplished by two-person teams. The material is misted and cuts or slits are made in the insulation material. Then a spray nozzle is inserted and the material is wetted to the extent feasible under low pressure. One man cuts away the insulation and bags it while the other continuously sprays the material with amended water. Any metal band or wire that is removed should be folded or rolled and placed in polyethylene to avoid lacerating personnel. Metal should be placed in a separate container so as not break through sealed double-bags during disposal. After the gross material is removed, nylon brushes shall be used to thoroughly clean tanks or boilers. Particular care must be taken to clean the fittings, joints and valves where a cement- plaster type material has been removed. After brushing, the surfaces shall be wet-wiped and the final cleanup phase shall commence. Stearn or hot water distribution networks should be shutdown, if at all possible: when insulation is being removed. If these systems must stay on line, special consideration must be given to heat stress by workers and measures to avoid skin burns. Steam can also cause fibers to become airborne. Special permission from the NESHAPS coordinator to work dry on hot lines may be required. The use of water or solutions may shatter the pipes and injure workers. When airline respirators are being used by workers, care must be taken not to let the airlines come into contact with hot pipes which might burn a hole in the rubber line. When airlines are worn by persons working from scaffolds, care must be taken not to wrap the airlines around cbjects on the ground or the scaffold. See section on type C respirators (in Respiratory Protection section) which addresses safety considerations. Removal Techniques for Non-Friable Asbestos Materials Asbestos Abatement Standards&Procedures Page 8 10-19-06 Ideal Demolition Services LLC Prior to removal and as required, the asbestos shall be sprayed with an encapsulant to prevent any emission of airborne fibers caused by the removal process. All removal shall be performed wet. Amended water or equivalent shall be used to saturate the surfaces of the non-friable material. Removal methods that will not make the asbestos material friable shall be employed whenever possible. Drilling, sawing and ripping of non-friable materials shall not be permitted unless special wetting equipment is used. Materials shall be removed in intact sections or components whenever possible and carefully lowered to the floor Encapsulation Encapsulation is considered a temporary solution for asbestos abatement. Ideal Demolition Services shall only perform encapsulation when 1)ACM is inaccessible or impractical to remove, 2) ACM thickness is one inch or less, and 3) where the ACM has enough integral strength or integrity not to be knocked loose by spraying or fall out as a result of the added weight of the encapsulant. Ideal Demolition Services shall. however, use encapsulation as a follow-up after asbestos has been removed from pipes or ceiling surfaces. This is called "lock-down" and is done to seal in any invisible surface fibers which may remain after the removal. The improper selection of an encapsulant may cause the ACM to be knocked loose by its application, to crumble or to deteriorate later. Ideal Demolition Services shall test the material compatibility with the encapsulant by reading manufacturer's specifications and spraying a small (4'x4') area. Compatibility is determined by visual inspection, core sampling, and abrasion - impact testing. Whenever feasible, Ideal Demolition Services shall use dyes or pigments to indicate application completeness and amount. However, it is important to note that dyes often do not penetrate as well as encapsulant and are often not accurate measures of depth of penetration. The work area set-up shall be the same as for gross removal, including setting up isolation, decontamination unit, and in many cases, negative pressure. - Special attention to floor covering is required because of the potential for floor damage by the liquid encapsulant. Ideal Demolition Services workers shall protect themselves from the irritating ingredients of the encapsulant. Some encapsulants contain solvents, which may cause skin or eye irritation or inhalation hazard. Workers should wear rubber gloves and eye protection during spraying. Vaseline or other lubricants can be applied to the face to allow for easier removal of encapsulant should it get on the face. Air purifying respirators should be equipped with combination HEPAIOrganic vapor cartridges for encapsulants which contain solvents or other respiratory hazards. - Prior to applying the encapsulant, loose or hanging ACM shall be removed by standard wet removal (apply water only to ACM to be removed.) If the material to be encapsulated is very friable, a light mist of encapsulant should be applied with a spray wand from a low pressure sprayer to settle the surface fibers just before the main application. Make a second, heavier pass with the spray wand at right angles to the first. Wait approximately 30 minutes, then check for penetration by taking a core sample. Asbestos Abatement Standards&Procedures Page 9 10-19-06 Ideal Demolition Services I_LC The encapsulation is done when penetration to the substrate is complete and when the material reaches saturation point(droplets start to form on the final coat). If penetration is not complete, apply additional coats. These coats should be added before the prior application has "set up" and dried. The number of passes will depend on the type of material and its thickness. The rate of absorbency is highest during the first coat. Making passes at 9C degrees to each other will maximize the application thoroughness Generally, low application pressure is advisable to avoid disturbing the surface of ACM and to get good coverage and/or penetration. Bridging the agents and sealers shall be applied to the specified mil thickness required (refer to manufacturer's specifications). When applying encapsulant after a removal has taken place, a light coat shall be sprayed where ACM was removed and on surrounding surfaces. In the case of pipes, the encapsulant can be hand wiped with a rag on areas where ACM was removed. All equipment shall be immediately flushed out after the application. Wands and tips of sprayers must be thoroughly cleaned to prevent future clogging. All excess encapsulant must be immediately cleaned off of floor surface. Cleaning following spraying in each work area will be easier than cleanup with the encapsulant dried on the equipment, floor, etc. Preparation of Asbestos-Containinq Waste All asbestos-containing waste shall be wetted prior to placement into disposal bags. This may be accomplished by having a water supply available in any area in which abatement work is taking place (i.e., a hose) As the asbestos-containing material is being removed, the material should be kept as damp as possible via a low pressure water stream (mist). By ensuring this, the chances of airborne asbestos fiber generation are significantly reduced. Ideal Demolition Services shall always use 6 mil polyethylene disposal bags. The bags should be air-tight and puncture resistant. Also, these bags should be labeled. Bagging the waste should be done as the removal progresses, as covered in "Removal Techniques for Friable Asbestos"section. Ideal Demolition workers bagging waste shall adhere to the following guidelines: Asbestos-containing waste must be handled in a careful manner to keep airborne fiber generation minimal. Some materials should not be included in the bags (i.e.. metal, sharp objects). In order to avoid bag overloading and possible bursting, each bag should be considered "full when it is half filled, (since material saturated with water will be much heavier). Waste-containing bags should be sealed with duct tape. All excess air is squeezed out of bags before they are sealed (to conserve space). Do not squeeze bags when there are visible loose fibers present; mist first. Use the HEPA vacuum system to collapse bags. Make sure that the asbestos warning label on each bag is legible, so that no bags will be disposed of mistakenly. Asbestos Abatement Standards&Procedures Page 10 10-19-06 Ideal Demolition Services LLC Once the asbestos-containing waste is securely enclosed inside the bag, the waste is transported to the waste load-out area for decontamination. The waste bags shall be hosed down, wet wiped, and/or HEPA vacuumed clean. The bags should then be placed in second clean disposal bags. Ideal Demolition waste hauling vehicles shall be lined with 6 mil plastic. In order to contain any leakage which might occur during transport, the lining should cover both the walls and the floor with all seams lapped and sealed Decontamination of Work Area During gross removal, Ideal Demolition Services workers shall bag material soon after it is removed, while the asbestos is still damp. Materials shall be collected from the floor with shovels, squeegees, plastic dust pans, or other appropriate tools and placed in 6 mil labeled bags for disposal. Final decontamination shall commence after all visible asbestos-containing material has been removed from the substrate and the substrate has been brushed and wet wiped. First phase cleanup shall be the removal of gross contamination which may have splattered or collected on the polyethylene wall coverings. The plastic sheeting shall be lightly misted to minimize the release of airborne fibers. The sheeting shall be gently detached and folded inward to form a compact bundle which can be packaged in a 6 mil bag for disposal. Any visible debris which may have leaked to the second layer of sheeting shall be removed with a HEPA vacuum and/or wet wiped Second phase cleanup shall be the removal of gross contamination from equipment in the work area Cleaning of the exterior surfaces of negative air filtration units, scaffolding, ladders, extension cords, hoses and other equipment shall be accomplished using a combination of scraping, brushing, HEPA vacuuming and/or wet wiping. At this time, change-out filters that need replacement on vacuums and negative air filtration units shall occur. Third phase cleanup shall be the removal of the top layer sheeting covering the floor. The sheeting shall be gently detached and folded inward to form a compact bundle which can be packaged in a 6 mil bag for disposal. Any visible debris which may have leaked to the second layer of sheeting shall be removed with a HEPA vacuum and/or wet wiped. Next, the walls are wet wiped and the floors are mopped. Ideal Demolition Services workers shall begin in the areas farthest away from the negative air filtration units and use amended water to wet wipe all exposed surfaces (excluding the substrate from which the asbestos material was removed). For best results, workers should use cotton rags, lint-free paper towels or sponges, which are disposed of after one use. Rinsing and reuse of towels or sponges may result in smearing asbestos fibers on the surfaces Also, to avoid smearing of residual fibers, workers should wipe in one direction only. Paper towels should not be used to wipe down rough surfaces and should be discarded before they begin to deteriorate when used on smooth surfaces Small "fibrous looking" residue which may be deposited on surfaces as a result of using deteriorated paper towels could cause a problem during the final visual inspection. Wiping shall be repeated three times in order to assure a clean surface. After the walls are wet wiped, the floor is mopped with a clean mop head wetted with amended water or wiped with clean sponges. The water should be changed frequently. Waste water from the wet wiping and Asbestos Abatement Standards.& Procedures Page 11 10-19-06 Ideal Demolition Services LLC mopping operations is treated as asbestos-containing water and must be filtered prior to disposal through the drain system. Equipment and tools shall now receive final decontamination and removal from the work site. Equipment shall be wet wiped, washed off in the shower at the waste load-out area,wrapped in polyethylene, or placed in plastic bags. Tools such as scrapers, utility knives and brushes shall be placed in buckets or pans of water. Negative air filtration units shall be wiped down but remain in place and operating until clearance is given. Sealant or encapsulate shall be sprayed onto the substrate and the remaining plastic to "lock down" any tiny invisible residual fibers. After a specified waiting period to allow airborne materials to settle, the polyethylene draped over fixtures and covering the interior walls of the work area shall be misted and carefully taken down, folded inward to form a bundle, and packaged for disposal. Walls and fixtures shall be HEPA vacuumed and/or wet wiped. Coverings on doors, windows and vents shall remain in place. The polyethylene floor covering shall now be misted, detached, and folded inward to form a compact bundle for bagging and removal. The uncovered floor shall be HEPA vacuumed and/or wet wiped. Work Site Clearance A final walk-through by the Ideal Demolition Services project manager or foreman and the building owner's representative shall be performed in the decontaminated work area. A clearance air monitoring shall be taken by an owner's representative. If the air sample results indicate that the airborne fiber concentration meets the criteria for clearance, the remaining polyethylene shall be removed from vents, fixtures, outlets, and windows After final clearance, the decontamination unit shall be cleaned and dismantled. Thetop layercf floor and wall polyethylene in the equipment room shall have been removed at the same time as the top layer of floor poly in the work area. The remaining polyethylene on the walls shall be wet wiped and/or HEPA vacuumed and then misted, detached and folded inward. Next the remaining layers on the floor shall be removed in the same manner and packaged with the other poly for disposal. The walls shall be visually checked for contamination and wet wiped as necessary. The decontamination unit shall then be disassembled for transport. Protect Controls In conjunction with the coordinating efforts of the Health and Safety Inspectors and Field Superintendent, the Project Manager shall ensure conformity to Ideal Demolition Services standards and procedures. The Project Manager shall advise the Foreman of potential pitfalls and specification interpretations. The Project Manager should have relevant plans, specifications and work scope descriptions on the job site for the Foreman's reference. Asbestos Abatement Standards&Procedures Page 12 0_19_06 Ideal Demolition Services LLC The Foreman shall report all changes in on-site conditions, work scope and building operating procedures to the Project Manager and await the appropriate authorization to proceed. Additionally the Project Manager shall keep abreast of the work progress to identify such contract deviations The Project Manager shall facilitate the appropriate solution, response and authorization prior to proceeding with such extra work. - The Project Manager shall resolve with appropriate client's representative conflicts in interpretation of job specifications or requirements. These discussions andlordecisions shall be documented in writing and signed by the client's representative. The Project Manager shall coordinate internal health and safety inspections. The Project Manager shall schedule Health and Safety to conduct a pre-start safety meeting and job site review. The Project Manager shall provide sufficient advance warning to allow Health and Safety appropriate time to schedule meeting and inspections. - The Project Manager shall be responsible for maintaining appropriate job site records and its final distribution. The Project Manager shall follow-up and correct all deficiencies indicated on the Health and Safety inspection reports. Chronic safety problems exhibited by work crews shall be reported to the Labor Superintendent for corrective actions. Project Close-Out As part of the final containment tear down and clean up procedures, the Project Manager and Foreman shall walk through the job site and identify all material and equipment to be decontaminated and otherwise prepared for pick-up by Ideal Demolition Services warehousemen. The Project Manager shall arrange and conduct a preliminary job site walk-through with the client's representative to identify work deficiencies and damages. The Project Manager shali record these items and prepare a punch list. This punch list shall be distributed to the Foreman for implementation. Upon completion of the punch list, a final job site walk through shall be conducted to review specific punch list items. It should be agreed upon by the client's representative that the job is complete. The Project Manager shall be responsible for determining that all pertinent job documents are distributed and filed as legal records. The Project Manager shall review and evaluate the Foreman's performance after each project. This report shall be submitted to the Labor Superintendent for further review and action. Reguirements for Record-keeping and Documentation Ideal Demolition Services requires that the project manager maintain and/or post a variety of records and documents for the duration of the project and after the completion of the project. Most of the record-keeping involves work-site documentation of on-going abatement procedures and regulatory standards (Federal, State & Local). Most of these records will be filed and updated by the project manager in the project log book. However, there are documents that may not be included in the log book. These need to be displayed at the job site. Others should be kept in the office job files. Asbestos Abatement Standards&Procedures Page 13 10-19-06 Ideal Demolition Services LLC As a general practice, the project manager should arrange to provide every item of the pre- qualification submittal package on-site or have them readily available for inspection by regulatory inspectors or building owner representatives. At a minimum, however,the documents described in the following section should be available for inspection at every abatement site. Uniform Hazardous Waster Manifest - This form is required by (EPA) and must be completed and signed by the waste generator (typically the building owner) as well as the hauler of the hazardous materia! prior to transporting the material on public roads. Entry and Exit Log: A record of all personnel who enter and exit the contained area Job Inspection Report: A record of inspections for the integrity of containment, the cleanliness of work area,the effectiveness of removal work, etc. Filter Log: - A record of primary, secondary and HEPA filter changes for the negative air filtration units at the job site. Indicates the on-going condition of filtration units and the regular maintenance of clean filters, Emergency Procedures: Posted and maintained at job sites, emergency information sheets show police, fire and ambulance emergency phone numbers and basic emergency evacuation procedures. Injury & Illness Prevention Manual - Maintained on job site. Material Sample Log Sheet, Laboratory Analysis Report and Material Sample List: These records provide information about location of the sample, the analysis of the asbestos content and a collective record of all material samples for the project. Air Sample Data Sheet, Laboratory Analysis Report and Air Sample List: These documents provide records of air sampling information, e.g., type of sample, location, duration of sample, volume of the sample and the results. An air sampling list is a useful summary record for a project which involves frequent sampling. Qualitative Respirator Fit Test: - A record of on-going fit testing conducted at the job site. This document provides information about the frequency of fit testing during the project. Asbestos Abatement Standards&Procedures Page 14 10-19-05 Ideal Demolition Services LLC Training Records For All Personnel Working On the Asbestos Project: - EPA regulations require that all abatement personnel receive training about the properties of asbestos; the health hazards; abatement techniques; engineering controls; respiratory protection, etc. Certificates for training courses, ortraining documents;which describe the topics included and dates of the training, are kept and regularly updated as per the applicable regulatory requirements. Pre-Start Safety Meeting Upon completion of this physical inspection (normally conducted during the unloading of equipment and supplies), the health and safety specialist shall assist the accredited supervisor and conduct a Pre-start Safety Meeting. Representatives of the owner and the owner's agents along with testing and air monitoring technicians hired by the building owner are typically present at the meeting. In addition to introduction of the designated Ideal Demolition Services crew to the various building owner representatives, topics covered in the initial, or Pre-start Safety Meeting, should include: Preparation of the work area, with special reference to awkward and/or crucial penetration points, measures adopted to safeguard certain fixtures or surfaces that require protection Personal protective equipment to be issued and employed by the Ideal Demolition Services crew, including respirators selected, protective clothing to be worn, and special equipment (such as goggles, hard-hats, knee pads, and so on) to be used in the work area. - Explanation of the program of initial personal, breathing zone air monitoring program; designation of the representative individuals to be air-sampled for initial and periodic air monitoring as per 29 CFR 1926.1101; assignment of job roles (decon chamber set-up, critical barrier establishment, bagging and removal/wetting teams). - Personal decontamination procedures and measures taken to safeguard equipment inside the work area and the showers, and to facilitation of subsequent decontamination. - Abatement methods and procedures to be applied to the work area and decontamination strategy for the work area surfaces; discussion of work plan and performance schedule, - Waste-out procedure; identification of route to hazardous waste hauler vehicle; isolation controls to be applied; personal protective equipment required. - Emergency procedures: especially location of emergency phone numbers,fire exits,fire extinguishers, recognizing heat stress symptoms, confined space procedures, electrical Asbestos Abatement Standards&Procedures Page 15 10-19-06 CONTRACTOR'S SAFETY PLAN Ideal Demolition Services Ideal Demolition Services 2299 South Mill Road Emmett, Idaho 83617 SAFETY PROGRAM WRECKING AND DEMOLITION WORK Ideal Demolition Safety Plan 05105 Ideal Demolition Services PREFACE How to Use This Manual To The Employer: The purpose of this manual is to provide general guidelines for developing your own integrated safety and health management program. It has been written to address the safety needs of your specific industry. The essential elements covered in this manual include: top management's commitment and involvement; the establishment and operations of safety committees, provisions for safety and health training; first aid procedures; accident investigations; record keeping of injuries; and workplace safety rules, policies, and procedures. If this manual meets the general needs of your establishment, it may be used as a basic template for developing your company's initial safety program. If you have already established a company safety program and are currently maintaining it, you may use this manual to add or modify those areas of your current program that you do not feel are adequate. Either way, this manual should not be considered as the single source for meeting your safety needs. It will have to be modified and continuously improved upon by you to adequately reflect your on-going business environment. For example, if a safety committee meets weekly or quarterly instead of monthly, then Section 11 of the manual should be amended to accommodate this practice. If there is a safety rule, policy, or procedure appropriate for the work or work environment which has not been included, or if a rule included in Section VII is inappropriately written, then a new safety rule, policy, or procedure should be added to improve the manual. Likewise, if a specific rule in the Safety Rules, Policies, and Procedures section does not apply because the equipment or work operation described is not used, then that specific rule should be crossed out or deleted from the manual. If accidents occur, new safety rules should be developed and incorporated into Section VI1 of this manual to prevent their recurrence, Note also that due to the unique nature of each individual business and the differing requirements of various regulatory agencies, the authors of this manual cannot assume any liability for the completeness of its content. Use of all or part of this manual does not relieve you as an employer of your responsibility to comply with applicable local, state, or federal laws. Finally, the following website www.osha.gov/oshstatststdl.html can be accessed to display a list of the most frequently cited Federal or State OSHA standards for the above listed code(s), The data shown reflects OSHA citations issued by the Federal or State OSHA during the specified fiscal year. If you are interested in reviewing other SIC codes, an online SIC code manual is also available at this website. Ideal Demolition Safety Plan 05105 Ideal Demolition Services TABLE OF CONTENTS Preface Table of Contents Section I - Management Commitment and involvement Policy Statement Section II - Safety Committee Safety Committee Organization Responsibilities Meetings Meeting Minutes Section III - Safety and Health Training Safety and Health Orientation Job-Specific Training Periodic Retraining of Employees Section IV - First Aid Procedures Minor First Aid Treatment Non-Emergency Medical Treatment Emergency Medical Treatment First Aid Training First Aid Instructions Section V -Accident Investigation Accident Investigation Procedures Investigation Report Form Section VI - Recordkeeping Procedures Recordkeeping Procedures Section VII - Safety Rules, Policies, and Procedures Safety Rules, Policies, and Procedures Ideal Demolition Safety Plan 05/05 Ideal Demolition Services Section I. MANAGEMENT COMMITMENT AND INVOLVEMENT POLICY STATEMENT The management of this organization is committed to providing employees with a safe and healthful workplace. It is the policy of this organization that employees report unsafe conditions and do not perform work tasks if the work is considered unsafe. Employees must report all accidents, injuries, and unsafe conditions to their supervisors. No Such report will result in retaliation, penalty, or other disincentive. Employee recommendations to improve safety and health conditions will be given thorough consideration by our management team. Management will give top priority to and provide the financial resources for the correction of unsafe conditions. Similarly, management will take disciplinary action against an employee who willfully or repeatedly violates workplace safety rules. This action may include verbal or written reprimands and may ultimately result in termination of employment. The primary responsibility for the coordination, implementation, and maintenance of our workplace safety program has been assigned to; Name: David Aparicio Title: Safety Coordinator Telephone: 208-365-1514 Senior management will be actively involved with employees in establishing and maintaining an effective safety program. Our safety program coordinator, myself, or other members of our management team will participate with you or your department's employee representative in ongoing safety and health program activities, which include: • Promoting safety committee participation-, • Providing safety and health education and training; and • Reviewing and updating workplace safety rules. This policy statement serves to express management's commitment to and involvement in providing our employees a safe and healthful workplace. This workplace safety program will be incorporated as the standard of practice for this organization. Compliance with the safety rules will be required of all employees as a condition of employment. Signature of CEP/President Date 1 1 Ideal Demolition Safety Plan 05105 Ideal Demolition Services Section H. SAFETY COMMITTEE Safety Committee Organization A safety committee has been established as a management tool to recommend improvements to our workplace safety program and to identify corrective measures needed to eliminate or control recognized safety and health hazards. The safety committee employer representatives will not exceed the amount of employee representatives. Responsibilities The safety committee will be responsible for assisting management in communicating procedures for evaluating the effectiveness of control measures used to protect employees from safety and health hazards in the workplace. The safety committee will be responsible for assisting management in reviewing and updating workplace safety rules based on accident investigation findings, any inspection findings, and employee reports of unsafe conditions or work practices; and accepting and addressing anonymous complaints and suggestions from employees. The safety committee will be responsible for assisting management in updating the workplace safety program by evaluating employee injury and accident records, identifying trends and patterns, and formulating corrective measures to prevent recurrence. The safety committee will be responsible for assisting management in evaluating employee accident and illness prevention programs, and promoting safety and health awareness and co-worker participation through continuous improvements to the workplace safety program. Safety committee members will participate in safety training and be responsible for assisting management in monitoring workplace safety education and training to ensure that it is in place, that it is effective, and that it is documented. Management will provide written responses to safety committee written recommendations. Meetings Safety committee meetings are held quarterly and more often if needed and each committee member will be compensated at his or her hourly wage when engaged in safety committee activities. Management will post the minutes of each meeting in a conspicuous place and the minutes will be available to all employees. All safety committee records will be maintained for not less than three calendar years, Ideal Demolition Safety Plan 05105 Ideal Demolition Services SAFETY COMMITTEE MINUTES Date of Committee Meeting: Time: Minutes Prepares! By: Location: Members in Attendance Name Name Name Previous Action Items: Review of Accidents Since Previous Meeting: _ Recommendations for Prevention: Recommendations from Anonymous Employees: Suggestions from Employees: Recommended Updates to Safety Program: Recommendations from Accident Investigation Reports: Safety Training Recommendations, Comments: Ideal Demolition Safety Plan 05105 Ideal Demolition Services Section III. SAFETY AND HEALTH TRAINING Safety and Health Orientation Workplace safety and health orientation begins on the first day of initial employment orjob transfer. Each employee has access to a copy of this safety manual, through his or her supervisor, for review and future reference, and will be given a personal copy of the safety rules, policies, and procedures pertaining to his or her job. Supervisors will ask questions of employees and answer employees' questions to ensure knowledge and understanding of safety rules, policies, and job-specific procedures described in our workplace safety program manual. All employees will be instructed by their supervisors that compliance with the safety rules described in the workplace safety manual is required. Job-Specific Training • Supervisors will initially train employees on how to perform assigned job tasks safely. • Supervisors will carefully review with each employee the specific safety rules, policies, and procedures that are applicable and that are described in the workplace safety manual. • Supervisors will give employees verbal instructions and specific directions on how to do the work safely. • Supervisors will observe employees performing the work. If necessary, the supervisor will provide a demonstration using safe work practices, or remedial instruction to correct training deficiencies before an employee is permitted to do the work without supervision. • All employees will receive safe operating instructions on seldom-used or new equipment before using the equipment. • Supervisors will review safe work practices with employees before permitting the performance of new, non-routine, or specialized procedures. Periodic Retraining of Employees All employees will be retrained periodically on safety rules, policies and procedures, and when changes are made to the workplace safety manual. Individual employees will be retrained after the occurrence of a work-related injury caused by an unsafe act or work practice, and when a supervisor observes employees displaying unsafe acts, practices, or behaviors. Ideal Demolition Safety Plan 05105 Ideal Demolition Services Section IV. FIRST AID PROCEDURES EMERGENCY PHONE NUMBERS Safety Coordinator: David Aparicio Poison Control 911 First Aid: David Aparicio: 208.369.0311 Fire Department 911 Medical Clinic: Primary Health Police 911 Clinic Phone: 334-8611 Ambulance 911 Minor First Aid Treatment First aid kits are stored in the front office and in the employee lounge. If you sustain an injury or are involved in an accident requiring minor first aid treatment: • Inform your supervisor. • Administer first aid treatment to the injury or wound. • If a first aid kit is used, indicate usage on the accident investigation report. • Access to a first aid kit is not intended to be a substitute for medical attention. • Provide details for the completion of the accident investigation report. Non-Emergency Medical Treatment For non-emergency work-related injuries requiring professional medical assistance, management must first authorize treatment. If you sustain an injury requiring treatment other than first aid: • Inform your supervisor. • Proceed to the posted medical facility. Your supervisor will assist with transportation, if necessary. • Provide details for the completion of the accident investigation report. Emergency Medical Treatment If you sustain a severe injury requiring emergency treatment: • Call for help and seek assistance from a co-worker. • Use the emergency telephone numbers and instructions posted next to the telephone in your work area to request assistance and transportation to the local hospital emergency room. • Provide details for the completion of the accident investigation report. First Aid Training Each employee will receive training and instructions from his or her supervisor on our first aid procedures. Ideal Demolition Safety Plan 05105 Ideal Demolition Services FIRST AID INSTRUCTIONS In all cases requiring emergency medical treatment, immediately call, or have a co- worker call, to request emergency medical assistance. WOUNDS: Minor: Cuts, lacerations, abrasions, or punctures • Wash the wound using soap and water, rinse it well. • Cover the wound using clean dressing. Major: Large, deep, and bleeding • Stop the bleeding by pressing directly on the wound, using a bandage or cloth. • Keep pressure on the wound until medical help arrives. BROKEN BONES: • Do not move the victim unless it is absolutely necessary. • If the victim must be moved, "splint' the injured area. Use a board, cardboard, or rolled newspaper as a splint. BURNS: Thermal (Heat) • Rinse the burned area, without scrubbing it, and immerse it in cold water; do not use ice water. • Blot dry the area and cover it using sterile gauze or a clean cloth. Chemical • Flush the exposed area with cool water immediately for 15 to 20 minutes. EYE INJURY: Small particles • Do not rub your eyes. • Use the corner of a soft clean cloth to draw particles out, or hold the eyelids open and flush the eyes continuously with water. Large or stuck particles • If a particle is stuck in the eye, do not attempt to remove it. • Cover both eyes with bandage. Chemical • Immediately irrigate the eyes and under the eyelids, with water, for 30 minutes. Ideal Demolition Safety Plan 05/05 Ideal Demolition Services FIRST AID INSTRUCTIONS NECK AND SPINE INJURY: • If the victim appears to have injured his or her neck or spine, or is unable to move his or her arm or leg, do not attempt to move the victim unless it is absolutely necessary. HEAT EXHAUSTION: • Loosen the victim's tight clothing. • Give the victim "sips" of cool water. • Make the victim lie down in a cooler place with the feet raised. Ideal Demolition Safety Plan 05/05 Idea! Demolition Services Section V, ACCIDENT INVESTIGATION Accident Investigation Procedures An accident investigation will be performed by the supervisor at the location where the accident occurred. The safety coordinator is responsible for seeing that the accident investigation reports are being filled out completely, and that the recommendations are being addressed. Supervisors will investigate all accidents, injuries, and occupational diseases using the following investigation procedures: • Implement temporary control measures to prevent any further injuries to employees. • Review the equipment, operations, and processes to gain an understanding of the accident situation. • Identify and interview each witness and any other person who might provide clues to the accident's causes. • Investigate causal conditions and unsafe acts; make conclusions based on existing facts. • Complete the accident investigation report. • Provide recommendations for corrective actions. • Indicate the need for additional or remedial safety training. Accident investigation reports must be submitted to the safety coordinator within 24 hours of the accident. Ideal Demolition Safety Plan 05/05 Ideal Demolition Services ACCIDENT INVESTIGATION REPORT REPORT # COMPANY: Ideal Demolition Services ADDRESS: 2299 South Mill Road Emmett 1. Name of injured: S.S. #: 2. Sex: [ ] M [ ] F Age: Date of accident: 3. Time of accident: a.m. p.m. Day of accident: 4. Employee's job title: 5. Length of experience on job: (years) (months) 6. Address of location where the accident occurred: 7. Nature of injury, Injury type, and Part of the body affected: 8. Describe the accident and how it occurred: 9. Cause of the accident: 10. Was personal protective equipment required? [ ] yes [ ] no Was it provided? [ ] yes [ ] no Was it being used? [ ] yes [ ] no If"no", explain. Was it being used as trained by supervisor or designated trainer? [ ] yes [ ] no If"no", explain. 11. Witness(es): 12. Safety training provided to the injured? [ ] yes [ ] no If"no", explain. 13. Interim corrective actions taken to prevent recurrence: Ideal Demolition Safety Plan 05105 Ideal Demolition Services ACCIDENT INVESTIGATION REPORT (Continued) 14. Permanent corrective action recommended to prevent recurrence: 15. Date of report Prepared by: Supervisor (Signature) Date: 16. Status and follow-up action taken by safety coordinator: Safety Coordinator (Signature) Date: Ideal Demolition Safety Plan 05105 Ideal Demolition Services INSTRUCTIONS FOR COMPLETING THE ACCIDENT INVESTIGATION REPORT An accident investigation is not designed to find fault or place blame but is an analysis of the accident to determine causes that can be controlled or eliminated. (Items 1-6) Identification: This section is self-explanatory. (Item 7) Nature of Injury: Describe the injury, e.g., strains, sprain, cut, burn, fracture. Injury Type: First aid -injury resulted in minor injury/treated on premises; Medical - injury treated off premises by physician; Lost time -injured missed more than one day of work; No Injury- no injury, near-miss type of incident. Part of the Body Part of the body directly affected, e.g., foot, arm, hand, head. (Item 8) Describe the accident: Describe the accident, including exactly what happened, and where and how it happened. Describe the equipment or materials involved. (item 9) Cause of the accident: Describe all conditions or acts which contributed to the accident, i.e., a. unsafe conditions - spills, grease on the floor, poor housekeeping or other physical conditions. b. unsafe acts - unsafe work practices such as failure to warn, failure to use required personal protective equipment. (Item 10) Personal protective equipment: Self-explanatory (Item 11) Witness(es): List name(s), address(es), and phone number(s). (Item 12) Safety training provided: Was any safety training provided to the injured related to the work activity being performed? (Item 13) Interim corrective action: Measures taken by supervisor to prevent recurrence of incident, i.e., barricading accident area, posting warning signs, shutting down operations. (Item 14): Self-explanatory (Item 15): Self-explanatory (Item 16) Follow-up: Once the investigation is complete, the safety coordinator shall review and follow-up the investigation to ensure that corrective actions recommended by the safety committee and approved by the employer are taken, and control measures have been implemented. Ideal Demolition Safety Plan 05/05 Ideal Demolition Services Section VI. RECORDKEEPING PROCEDURES Recordkeeping Procedures The safety coordinator will control and maintain all employee accident and injury records. Records are maintained for a minimum of five (5) years and include: Accident Investigation Reports (see Section V for sample form). Workers' Compensation Notice of Injury Reports (ACORD form or state equivalent form). Documentation of safety and health training for each worker. Records of hazard assessment inspections. Ideal Demolition Safety Plan 05/05 Idea! Demolition Services Section VII. SAFETY RULES, POLICIES, AND PROCEDURES The safety rules contained on these pages have been prepared to protect you in you daily work. Employees are to follow these rules, review them often and use good common sense in carrying out assigned duties. ALL PERSONNEL Housekeeping Personal Protective Equipment Lifting Procedures Job Site Electrical Powered Tools Ladder Safety Hand Tool Safety Removal of Walls and Floors Disposal Chutes Cranes and Hoists Lifting Equipment Ideal Demolition Safety Plan 05105 Ideal Demolition Services ALL PERSONNEL Housekeeping 1. Do not place material such as boxes or trash in walkways and passageways. 2. Do not block or obstruct exits or accesses to safety and emergency equipment such as fire extinguishers or fire alarms. 3. Keep walking surfaces of elevated working platforms, such as scaffolds, clear of tools and materials that are not being used. 4. Remove protruding nails or bend them down into the lumber by using a claw hammer. 5, Return tools to their storage places after using them. 6. Do not use gasoline for cleaning purposes. Personal Protective Equipment 1. Do not paint or drill holes in your hard hat. 2. Do not wear hard hats that are dented or cracked. 3. Wear safety glasses, goggles or face shields in the demolition areas where "Protective Eye Wear Required" is posted. 4. Wear ear plugs or ear muffs in areas posted "Hearing Protection Required," Lifting Procedures 1. Plan the move before lifting; remove obstructions from your chosen pathway. 2. Test the weight of the load before lifting by pushing the load along its resting surface. 3. if the load is too heavy or bulky, use lifting and carrying aids such as hand trucks, dollies, pallet jacks and carts, or get assistance from a co-worker. 4. If assistance is required to perform a lift, coordinate and communicate your movements with those of your co-worker. 5. Position your feet 6 to 12 inches apart with one foot slightly in front of the other. 6. Face the load. 7. Bend at the knees, not at the back. 8. Keep your back straight. 9. Get a firm grip on the object with your hands and fingers. Use handles when present. 10. Never lift anything if your hands are greasy or wet. 11. Wear protective gloves when lifting objects with sharp corners or jagged edges. 12. Hold objects as close to your body as possible. 13. Perform lifting movements smoothly and gradually; do not jerk the load. 14. If you must change direction while lifting or carrying the load, pivot your feet and turn your entire body. Do not twist at the waist. 15. Set down objects in the same manner as you picked them up, except in reverse. 16. Do not lift an object from the floor to a level above your waist in one motion. Set the load down on a table or bench and then adjust your grip before lifting it nigher. Ideal Demolition Safety Plan 05105 Ideal Demolition Services ALL PERSONNEL Job Site 1. Do not begin working until barricades, warning signs or other protective devices have been installed to isolate the work area from local traffic. 2. Flagmen must wear reflective warning vests when controlling vehicle traffic. 3. Do not walk under partially demolished walls or floors. 4. Stop working outdoors and seek shelter during lightning storms. Electrical Powered Tools 1. Do not use power equipment or tools on which you have not been trained. 2. Keep power cords away from path of drills or saws. 3. Do not use cords that have splices, exposed wires or cracked or frayed ends. 4. Do not carry plugged in equipment or tools with your finger on the switch. 5. Do not carry equipment or tools by the cord. 6. Disconnect the tool from the outlet by pulling on the plug, not the cord. 7. Turn the power switch of the tool to "off' before plugging or unplugging it. 8. Do not leave tools that are "on" unattended. 9. Do not handle or operate electrical tools when your hands are wet or when you are standing on wet floors. 19. Do not operate spark inducing tools such as drills or saws near containers labeled "Flammable." 11. Turn the power switch to the electrical tool to "off' and unplug it before attempting repairs or service work. Tag the tool "Out of Service." 12. Do not use extension cords or other grounded three-pronged power cords that have the ground prong removed or broken off. 13. Do not remove the ground prong from electrical cords. 14. Do not use an adapter such as a cheater plug that eliminates the ground. 15. Do not connect multiple electrical tools into a single outlet. 16. Do not run extension cords through doorways, through holes in ceilings, walls or floors. 17. Do not drive over, drag, step on or place objects on a cord. 18. Do not use portable power tools unless they have a color-coded green band taped to the handle. These green labeled tools have ground Fault Circuit Interrupters incorporated into the plug end of the power cord. The use of these power tools is required when working in older buildings or temporary work locations where the work environment is often damp, and the available electrical outlets may not meet our wiring standards. 19. Do not stand in water or on wet surfaces when operating power hand tools or portable electrical appliances. Ideal Demolition Safety Plan 05105 Ideal Demolition Services ALL PERSONNEL Electrical Powered Tools (Continued) 20. Do not use a power hand tool to cut wet or water soaked building materials. 21. Do not use a power hand tool while wearing wet cotton gloves or wet leather gloves. 22. Never operate electrical equipment barefooted. Wear rubber-soled or insulated work boots. 23, Do not operate power hand tools that have a frayed, worn, cut, improperly spliced or damaged power cord. 24. ❑o not operate power hand tools or portable appliances if the ground pin from the three pronged power plug is missing or has been removed. 25. Do not operate power hand tools or portable appliances with a two-pronged adapter or a two conductor extension cord. 26. Do not operate power hand tools or portable appliances while holding a part of the metal casing or holding the extension cord in your hand. Hold all portable power tools by the plastic hand grip or other nonconductive areas designed for gripping purposes. Ladder Safety 1. Read and follow the manufacturer's instructions label affixed to the ladder if you are unsure how to use the ladder. 2. Do not use ladders that have loose rungs, cracked or split side rails, missing rubber foot pads, or are otherwise visibly damaged. 3. Keep ladder rungs clean and free of grease. Remove buildup of material such as dirt or mud. 4. Do not place ladders in a passageway without posting warning signs or cones that detour pedestrian traffic away from the ladder. 5. Allow only one person on the ladder at a time. 6. Face the ladder when climbing up or down. 7. Maintain a three-point contact by keeping both hands and one foot or both feet and one hand on the ladder at all times when climbing up or down. 8. When performing work from a ladder, face the ladder and do not lean backward or sideways from the ladder. 9. Do not stand on the top two rungs of any ladder. 10. Do not stand on a ladder that wobbles, or that leans to the left or right. 11. When using a ladder, extend the top of the ladder at least 3 feet above the edge of the landing. 12. Secure the ladder in place by having another employee hold it. Ideal Demolition Safety Plan 05105 Ideal Demolition Services ALL PERSONNEL. Ladder Safety (Continued) 13. Do not place ladders on barrels, boxes, loose bricks, pails, concrete blocks or other unstable bases. 14. Do not carry items in your hands while climbing up or down a ladder. 15. Do not try to "walk" a ladder by rocking it. Climb down the ladder, and then move it. 16. Do not use a ladder as a horizontal platform. Hand Tool Safety 1. Use tied off containers to keep tools from falling off of scaffolds and other elevated work platforms. 2. Use the knife that has been sharpened. Do not use a knife that has a dull blade. 3. Carry all sharp tools in a sheath or holster. 4. Tag worn, damaged or defective tools "Out of Service" and do not use them. 5. Do not use a tool if its handle has splinters, burrs, cracks, splits or if the head of the tool is loose. 6. Do not use impact tools such as hammers, chisels, punches or steel stakes that have mushroomed heads. 7. When handing a tool to another person, direct sharp points and cutting edges away from yourself and the other person. 8. When using knives, shears or other cutting tools, cut in a direction away from your body. 9. Do not carry sharp or pointed hand tools such as screwdrivers, scribes, aviation snips, scrapers, chisels or files in your pocket unless the tool or pocket is sheathed. 10. Do not perform "make-shift" repairs to tools. 11. Do not use "cheaters" on load binders or"boomers." 12. Do not carry tools in your hand when climbing. Carry tools in tool belts or hoist the tools to the work area with a hand line. 13. Do not throw tools from one location to another, from one employee to another, from scaffolds or other elevated platforms. 14. Transport hand tools only in tool boxes or tool belts. Do not carry tools in your clothing. Removal of Walls and Floors 1. Do not work under area where walls or floors are being removed unless a safety net is in place to catch falling objects. 2. Begin demolition of walls and floors at the top of the structure and continue downward. Ideal Demolition safety Plan 05I05 Ideal Demolition Services ALL PERSONNEL Removal of Walls and Floors (Continued) 3. Do not enter under an area where floor arches or walls are being removed. 4. Do not start demolition on floor arches until at least 20 feet surrounding the floor area has been cleared of debris. 5. Remove structural or load support members after the entire floor has been demolished and removed. 6. Do not drop debris through floor openings unless the area below has been barricaded at least 6 feet out from all edges of the opening. 7. Do not throw debris outside the barricaded area. 8. Do not begin working on the next lower level of the structure until all debris has been removed from the level you are currently working on. Disposal Chutes 1. Only the operator assigned to the chute gate will control the operation of the chute gate, as well as the backing and loading of trucks that are underneath the chute. 2. Do not dump debris in a chute opening unless the chute opening has a guardrail. 3. Do not dump material from a wheelbarrow into a disposal chute unless the area around the chute opening has a toeboard. Cranes and Hoists 1. Do not use load hooks that are cracked, bent or broken. 2. Do not use cranes that do not have their rated load capacity indicated on each side of the crane or on its load block. 3. Passengers are not permitted to ride inside the operator's cab of a truck crane. 4. Keep crane windows clean. Do not use a crane if its windows are broken. 5. Do not exceed the rated load capacity as specified by the manufacturer. 6. Do not operate a crane on soft ground without cribbing and mats. 7. Fully extend outriggers before attempting a lift. 8. Stay outside the barricades of the posted swing radius. 9. Do not perform any crane refits or modifications without the manufacturer's approval. 10. Do not leave the crane unattended with a hoisted load. 11. Do not hoist loads over people. Ideal Demolition Safety Plan 05/05 Ideal Demolition Services ALL PERSONNEL Cranes and Hoists (Continued) 12. Do not drive on the road shoulders. 13. Wear high visibility vests before working as a signalman. 14. Only follow the signals of the person designated to give you signals when operating a crane. 15. Replace the belts, gears or rotating shaft guards after servicing a crane; do not use the crane if guards are missing from these areas. Lifting Ecluipment chains cables ropes, slips etc. 1. Do not use chain slings if the links are cracked, twisted, stretched or bent. 2. Fabricate all wire in wire rope slings by using thimbles; do not form eyes by using wire clips or knots. 3. Do not shorten slings by using make-shift devices such as knots or bolts 4. Do not use a kinked chain. 5. Protect slings from the sharp edges of their loads by placing pads over the sharp edges of the items that have been loaded. 6. Do not place your hands between the sling and its load when the sling is being tightened around the load. 7. Wear work gloves when handling rough, sharp-edged or abrasive material such as chains, cables, ropes or slings. B. Do not alter or remove the safety latch on hooks. Do not use a hook that does not have a safety latch; or if the safety latch is bent. 9. Lift the load from the center of hooks, not from the point. Ideal Demolition Safety Plan 05/05 THE AMERICAN INSTITUTE OF ARCHITECTS Bond# _2059546 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): Ideal Demolition Services, LLC. North American Specialty Insurance Company 2299 Mill Road 960 W. Broadway Ave. Emmett, ID. 83617 Boise, ID. 83706 OWNER (Name and Address): City of Meridian 33 East Idaho Ave. Meridian, ID. 83642 CONSTRUCTION CONTRACT Date: October 31, 2006 Amount: $390,800.00 Description (Name and Location): Abatement& Demolition of Structures-Creamery BOND Date (Not earlier than Construction Contract Date): November 3,2006 Amount: $390,800.00 Modifications to this Bond: X None © See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Ideal Demolition Services, LLCr, North American Specialty Insurance Company Signature: /_1 (-I -h a -L" Name and Title: Name and Title: Mary Jaquier , or y-n-Fact (Any additional signatures ipear on page 3) (FOR INFORMATION ONLY-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other parry): Post Insurance Services, Inc. NIA P.O. Box 8447 Boise, ID. 83707 AIA DOCUMENT A312.PERFORMANCE BOND AND PAYMENT BOND.DECEMEIER 1984 ED..AIA O A312-1984 1 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.,N.W.,WASHINGTON.Q.C.20006 THIRD PRINTING•MARCH 1987 I The Contractor and the Surety, jointly and severally, bind which it may be liable to the Owner and, as themselves, their heirs, executors, administrators, soon as practicable after the amount is successors and assigns to the Owner for the performance determined, tender payment therefor to the of the Construction Contract, which is incorporated herein Owner; or by reference. .2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction Contract, the Owner citing reasons therefor. Surety and the Contractor shall have no obligation under 5 If the Surety does not proceed as provided in Paragraph this Bond, except to participate in conferences as provided r 4 with reasonable promptness, the Surety shall be deemed in Subparagraph 3.1. to be in default on this Bond fifteen days after receipt of an 3 If there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surety under this Bond shall arise after: demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any 3.1 The Owner has notified the Contractor and the remedy available to the Owner. If the surety proceeds as Surety at its address described in Paragraph 10 below provided in Subparagraph 4.4, and the Owner refuses the that the Owner is considering declaring a Contractor payment tendered or the Surety has denied liability, in Default and has requested and attempted to arrange a whole or in part, without further notice the Owner shall be conference with the Contractor and the Surety to be entitled to enforce any remedy available to the Owner. held not later than fifteen days after receipt of such notice to discuss methods of performing the 6 After the Owner has terminated the Contractors right to Construction Contract. If the Owner, the Contractor complete the Construction Contract, and if the Surety and the Surety agree, the Contractor shall be allowed a elects to act under Subparagraph 4.1, 4.2, or 4.3 above, reasonable time to perform the Construction Contract, then the responsibilities of the Surety to the Owner shall but such an agreement shall not waive the Owners not be greater than those of the Contractor under the right, if any, subsequently to declare a Contractor Construction Contract, and the responsibilities of the Default; and Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the 3.2 The Owner has declared a Contractor Default and amount of this Bond, but subject to commitment by the formally terminated the Contractor's right to complete Owner of the Balance of the Contract Price to mitigation of the contract. Such Contractor Default shall not be costs and damages on the Construction Contract, the declared earlier than twenty days after the Contractor Surety is obligated without duplication for: and the Surety have received notice as provided in Subparagraph 3.1; and 6.1 The responsibilities of the Contractor for correction 3.3 The Owner has agreed to pay the Balance of the of defective work and completion of the Construction Contract; Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor 6.2 Additional legal, design professional and delay selected to perform the Construction Contract in costs resulting from the Contractor's Default, and accordance with the terms of the contract with the resulting from the actions or failure to act of the Surety Owner. under Paragraph 4; and 4 When the Owner has satisfied the conditions of 6.3 Liquidated damages, or if not liquidated damages Paragraph 3, the Surety shall promptly and at the Suretys are specified in the Construction Contract, actual expense take one of the following actions: damages caused by delayed performance or non- 4.1 Arrange for the Contractor, with consent of the performance of the Contractor. Owner, to perform and complete the Construction 7 The Surety shall not be liable to the Owner or others for Contract;or obligations of the Contractor that are unrelated to the 4.2 Undertake to perform and complete the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any Construction Contract itself, through its agents or such unrelated obligations. No right of action shall accrue through independent contractors; or on this Bond to any person or entity other than the Owner 4.3 Obtain bids or negotiated proposals from qualified or its heirs, executors, administrators or successors. contractors acceptable to the Owner for a contract for g The Surety hereby waives notice of any change, performance and completion of the Construction including changes of time, to the Construction Contract or Contract, arrange for a contract to be prepared for to related subcontracts, purchase orders and other execution by the Owner and the contractor selected obligations. with the Owner's Concurrence, to be secured with performance and payment bonds executed by a 9 Any proceeding, legal or equitable, under this Bond may qualified surety equivalent to the bonds issued on the be instituted in any court of competent jurisdiction in the Construction Contract, and pay to the Owner the location in which the work or part of the work is located and amount of damages as described in Paragraph 6 in shall be instituted within two years after Contractor Default excess of the Balance of the Contract Price incurred or within two years after the Contractor ceased working or by the Owner resulting from the Contractor's default; within two years after the Surety refuses or fails to perform or its obligations under this Bond, whichever occurs first. if the provisions of this Paragraph are void or prohibited by 4.4 Waive its right to perform and complete, arrange law, the minimum period of limitation available to sureties for completion, or obtain a new contractor and with as a defense in the jurisdiction of the suit shall be reasonable promptness under the circumstances: applicable. .1 After investigation, determine the amount for AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND.DECEMBER 1984 ED.•AIA 6 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE N.W_,WASHINGTON,D.C.20006 A312-1984 2 THIRD PRINTING•MARCH 1987 lb Notice to the Surety, the Owner or the Contractor shall by the Owner in settlement of insurance or other be mailed or delivered to the address shown on the claims for damages to which the Contractor is entitled, signature page. reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction 11 When this Bond has been furnished to comply with a Contract. statutory or other legal requirement in the location where the construction was to be performed, any provision in this 12.2 Construction Contract: The agreement betwen Bond conflicting with said statutory or legal requirement the Owner and the Contractor identified on the shall be deemed deleted herefrom and provisions signature page, including all Contract Documents and conforming to such statutory or other legal requirement changes thereto. shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not 12.3 Contractor Default: Failure of the Contractor, as a common law bond. which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the 12 DEFINITIONS Construction Contract. 12.1 Balance of the Contract Price: The total amount 12.4 Owner Default: Failure of the Owner, which has payable by the Owner to the Contractor under the neither been remedied nor waived, to pay the Construction Contract after all proper adjustments Contractor as required by the Construction Contract or have been made, including allowance to the to perform and complete or comply with the other Contractor of any amounts received or to be received terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 19a4 ED.•AIA® THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 3 THIRD PRINTING•MARCH 1987 THE AMERICAN INSTITUTE OF ARCHITECTS � II Bond# 2059546 AIA Document A3 12 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY(Name and Principal Place of Business): Ideal Demolition Services, LLC, North American Specialty Insurance Company 2299 Mill Road 960 W. Broadway Ave. Emmett, ID. 83617 Boise, ID. 83706 OWNER (Name and Address): City of Meridian 33 East Idaho Ave. Meridian, ID. 83642 CONSTRUCTION CONTRACT Date: October 31, 2006 Amount: $390,800.00 Description (Name and Location): Abatement& Demolition of Structures-Creamery BOND Date (Not earlier than Construction Contract Date): November 3, 2006 Amount: $390,800.00 Modifications to this Bond: X None ❑ See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Ideal Demolition Services, LLC. North American Specialty Insurance Company Signature: Signature: L� L Name and Title: Name and Title: Mary Ja uier orney- -F ct (Any additional signatures appear on page 6) (FOR INFORMATION ONLY-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Post Insurance Services, Inc. NIA f P.O. Box 8447 Boise, ID. 83707 AIA DOCUMENT A312.PERFORMANCE BOND AND PAYMENT BOND*DECEMBER 1984 ED..AIA& THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 4 THIRD PRINTING•MARCH 1987 1 The Contractor and the Surety, jointly and severally, bind 6 When the Claimant has satisfied the conditions of themselves, their heirs, executors, administrators. Paragraph 4, the Surety shall promptly and at the Suretys successors and assigns to the Owner to pay for labor, expense take the following actions: materials and equipment furnished for use in the performance of the Construction Contract, which is 6.1 Send an answer to the Claimant, with a copy to the incorporated herein by reference. Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for 2 With respect to the Owner, this obligation shall be null challenging any amounts that are disputed. and void if the Contractor: ' 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment, directly or indirectly, for amounts. all sums due Claimants, and 7 The Surety's total obligation shall not exceed the amount 2.2 Defends, indemnifies and holds harmless the of this Bond, and the amount of this Bond shall be credited Owner from claims, demands, liens or suits by any for any payments made in good faith by the Surety. person or entity whose claim, demand, lien or suit is for g Amounts owed by the Owner to the Contractor under the the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, Construction Contract shall be used for the performance of provided the Owner has promptly notified the e the Construction Contract and to satisfy claims, if any, under Contractor and the Surety (at the address described any Construction Performance Bond. By the Contractor Paragraph 12) of any claims, demands, liens or suits famishing and the Owner accepting this Bond, they agree and tendered defense of such claims, demands, liens that all funds earned by the Contractor in the performance of or suits to the Contractor and the Surety, and provided the Construction Contract are dedicated to satisfy there is no Owner Default. obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the 3 With respect to Claimants, this obligation shall be null completion of the work. and void if the Contractor promptly makes payment, 9 The Surety shall not be liable to the Owner, Claimants or directly or indirectly,for all sums due. others for obligations of the Contractor that are unrelated to 4. The Surety shall have no obligation to Claimants under the Construction Contract. The Owner shall not be liable for this Bond until: payment of any costs or expenses of any Claimant under 4.1 Claimants who are employed by or have a direct this Bond, and shall have under this Bond no obligations to contract with the Contractor have given notice to the make payments to, give notices on behalf of, or otherwise Sure have obligations to Claimants under this Bond. Surety(at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, staling 10 The Surety hereby waives notice of any change, that a claim is being made under this Bond and, with including changes of time, to the Construction Contract or to substantial accuracy, the amount of the claim. related subcontracts, purchase orders and other obligations. 4.2 Claimants who do not have a direct contract with 11 No suit or action shall be commenced by a Claimant the Contractor: under this Bond other than in a court of competent .1 Have furnished written notice to the Contractor jurisdiction in the location in which the work or part of the and sent a copy, or notice thereof, to the work is located or after the expiration of one year from the Owner, within 90 days after having last date (1) on which the Claimant gave the notice required by performed labor or fast furnished materials last Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last equipment included in the claim stating, with materials or equipment were furnished by anyone under the substantial accuracy, the amount of the claim Construction Contract, whichever of (1) or(2) first occurs. If and the name of the party to whom the the provisions of this Paragraph are void or prohibited by materials were furnished or supplied or for law, the minimum period of limitation available to sureties as whom the labor was done or performed; and a defense in the jurisdiction of the suit shall be applicable. .2 Have either received a rejection in whole or in 12 Notice to the Surety, the Owner or the Contractor shall part from the Contractor, or not received within be mailed or delivered to the address shown on the 30 days of furnishing the above notice any signature page. Actual receipt of notice by Surety, the communication from the Contractor by which Owner or the Contractor, however accomplished, shall be the Contractor has indicated the claim will be sufficient compliance as of the date received at the address paid directly or indirectly;and shown on the signature page. .3 Not having been paid within the above 30 13 When this Bond has been furnished to comply with a days, have sent a written notice to the Surety statutory or other legal requirement in the location where the (at the address described in Paragraph 12) construction was to be performed, any provision in this Bond and sent a copy, or notice thereof, to the conflicting with said statutory or legal requirements shall be Owner, stating that a claim is being made deemed deleted herefrom and provisions conforming to under this Bond and enclosing a copy of the such statutory or other legal requirement shall be deemed previous written notice furnished to the incorporated herein. The intent is that this Contractor, 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA® � A312 1984 5 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE..N.W.,WASHINGTON,D.C.20006 THIRD PRINTING•MARCH 1987 bond shall be construed as a statutory bond and not as a in the Construction Contract, architectural and common law bond. engineering services required for performance of the work of the Contractor and the Contractor's 14 Upon request by any person or entity appearing to be a subcontractors, and all other items for which a potential beneficiary of this Bond, the Contractor shall mechanic's lien may be asserted in the jurisdiction promptly famish a copy of this Bond or shall permit a copy where the labor, materials or equipment were to be made. furnished. i 15 DEFINITIONS 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the 15.1 Claimant: An individual or entity having a direct signature page, including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent 15.3 Owner Default: Failure of the Owner, which has of this Bond shall be to include without limitation in the neither been remedied nor waived, to pay the terms "labor, materials or equipment' that part of Contractor as required by the Construction Contract or water, gas, power, light, heat, oil, gasoline, telephone to perform and complete or comply with the other service or rental equipment used terms thereof. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature_ Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312.PERFORMANCE BOND AND PAYMENT BOND.DECEMBER 1984 ED..AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 6 THIRD PRINTING.MARCH 1987 1 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POIER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois,each does hereby make,constitute and appoint: TERRY S.ROBB,WILLIAM F.POST and MARY JA UIER JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TEN MILLION(10,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24ih of March,2000: "RESOLVED,that any two of the President,any Executive Vice President,any Vice President,any Assistant Vice President,the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the sea]of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." 9C 51w1rP I�tP44�i �,ttalu1 By_ •' SEAL R a Steven P.Anderson,President&Chief tisecutive ofncer or%%ashiallon International losunnre Compan,& WS EV � l: 1973 v:m Vice President or North American Speeialn Insurance Company u/1pAlIIE1n11551\ By David M.layman,vice Pr deal of Wtshintlon International Insurance Company& vier President er Norsh American Specially losurann Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 28th day of August 2006 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss• On this 28th day of August ,20 06,before me,a Notary Public personally appeared Steven P.Anderson ,President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M.Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. /. "OFFECIAL SEAL" GQ SUSAN ANSEL Notary"ic,Slsleof M-16s Susan Ansel,Notary Public My Cor mission Expires DST OM 1, lames A.Camenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. i IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 3 day of November ,20 06. James A Carpmw,Vice President&Asnpani Srrreun of Washington Intemaitonal Insurance Compan,& Nanh Amencan Spac+a*Insurance Companl -C-OBD,M CERTIFICATE OF LIABILITY INSURANCE D11/03/2006l PRODUCER (208)336-5600 FAX (208)344-0651 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Post Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2717 W. Bannock 5t. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, P.O. Box 8447 Boise, ID 83707 INSURERS AFFORDING COVERAGE NAIC# INSURED Ideal Demolition Services, LLC ANSURERA, American States/Safeco Ins. ZZ99 Mill Road INSURER Idaho State Insurance Fund Emmett, ID 93617 INSURER Westchester Surplus Lines INSURER D: INSURER E COVERAGE THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRADD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY G22076784 001 05/01/2006 05/61/2007 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED S 100,000 CLAIMS MADE a OCCUR MED EXP(Any one person) S 51000 C X Includes XCU PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 210001000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMPIOP AGO $ 21000,000 POLICY J( PRO LOC JECT AUTOMOBILE LIABILITY 25-CC-103495-10 03/23/2006 03/23/2007 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) S 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) S A X X HIRED AUTOS BODILY INJURY S X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY. AGO $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ S DEDUCTIBLE S RETENTION S S WORKERS COMPENSATION AND X TORYWC LWT Ez- EMPLOYERS'LIABILITY 9069Z 57 04/01/2006 04/01/2007 El EACH ACCIDENT $ 100,000 B ANY PRO PRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYE $ 100,000 If yes,describe under SPECIAL PROVISIONS below I E.L.DISEASE-POLICY LIMIT I $ 500,000 rontractors O1-CH-074709�-10 03/23/2006 03/23/2007 Special Form, R/C $500 Ded. ty Coverage, A Equipment, All Risk, $500 Ded. ui DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ity of Meridian and City's elected officials, officers, employees, agents and Volunteers are named as Additional Insured's, except for Workers Compensation, per form ENV-3100 08 04 attached. This insurance is Primary and Non-Contributory. e: Abatement and Demolition of Structures; 27 East Broadway Avenue, Meridian, ID 83642 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE, EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Meridian BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 33 East Idaho Avenue OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Meridian, ID 83642 AUTHORIZED REPRESENTATIVE Linda Gibbens/LKG ��"( f ACORD 25(2001/08) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001108) Named Insured I Endorsement Number Ideal Demolition Services, LLC ' Policy Symbol Policy Number Policy Period Effective Date of Endorsement TO Insured By {Name of Insurance Company) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE CONTRACTOR'S POLLUTION LIABILITY COVERAGE SCHEDULE: Name of Person or Organization: Any person or organization that is an owner of real property or personal property on which you are performing operations, or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you, wherein such request is made prior to commencement of operations. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement A. SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to bodily injury or property damage occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addtional insured(s) at the site of the covered operations has been completed; or (2) That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. ENV-3100 108-04) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 'ACORA CERTIFICATE OF LIABILITY INSURANCE 11/03/2006) PRJOUCER (208)336-5600 FAX (208)344-0651 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Post Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2717 W. Bannock St. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 8447 Boise, ID 83707 INSURERS AFFORDING COVERAGE NAIC# INSURED Ideal Demolition Services, LLC INSURERA American States/Safeco Ins. 2299 Mill Road INSURERS Idaho State Insurance Fund Emmett, ID 83617 INSURERC: Westchester Surplus Lines INSURER D: INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED_NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES-AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL UABIUTY G22076784 001 05/01/2006 05/01/2007 EACH OCCURRENCE S 1,000,00 X COMMERCIEAL GENERAL LIABILITY DAMAGE TO RENTED S 100 040 C WCLAIMS MADE FX1 OCCUR MED EXP(Any one person) S 51000 jn cludes XCU PERSONAL S ADV INJURY S 11000,000 GENERAL AGGREGATE S 2,000,000 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X JJECT LOC AUTOMOBILE LIABILITY 25-CC-103495-10 03/23/2006 03/23/2007 COMBINED SINGLE LIMIT (Ea accident) $ X ANY AUTO 11000,000 ALL OWNED AUTOS BODILY INJURY S A X SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY S X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABIUTY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC 3 AUTO ONLY. AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE S OCCUR CLAIMS MADE AGGREGATE $ S DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X WC STATU-TORY LIMITS OTH- EMPLOYERS'UABI{.ITY 9069257 04/01/2006 04/01/2007 E,L_EACH ACCIDENT $ i00,00 B ANY PROPRIETOFUFARTNER/EXECUTIVE OFFICERJMFMBER EXCLUDED? EL-DISEASE-EA EMPLOYEd$ 100,000 If yes.decnW under SPECIALSPROVISIONS below E.L.DISEASE-POLICY LIMIT I S 500,000 OTHER 01-CFI-074709-10 03/23/2006 03/23/2007 Special Form, R/C $500 Ded. roperty Coverage , A ontractors Equipment, All Risk, $500 Ded. LREui DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES!EXCLUSIONS ADDED BY ENDORSEMENT!SPECIAL PROVISIONS ity of Meridian and City's elected officials, officers, employees, agents and Volunteers are named as dditional Insured's, except for Workers Compensation, per form ENV-3100 08 04 attached, This insurance is Primary and Non-Contributory. e: Abatement and Demolition of Structures; 27 East Broadway Avenue, Meridian, ID 83642 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE- EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Meridian BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 33 East Idaho Avenue OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Meridian, ID 83642 AUTHORIZED REPRESENTATIVE Linda Gibbens LKG ACORD 25(2001108) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001108) ' Oak AM%k Named Insured Ideal Demolition Services, LLC Endorsement Number Policy Symbol Policy Number Policy Period Effective Rate of Endorsement TO Insured ay(Name of Insurance Company) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE CONTRACTOR'S POLLUTION LIABILITY COVERAGE SCHEDULE: Name of Person or Organization: Any person or organization that is an owner of real property or personal property on which you are performing operations, or a contractor on whose behalf you are performing operations, and only at the specific written request of such person or organization to you, wherein such request is made prior to commencement of operations. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement A. SECTION II - WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. a. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to bodily injury or property damage occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insureds) at the site of the covered operations has been completed; or (2) That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. ENV•3100 108-041 Includes copyrighted material of Insurance Services Office. tnc. with its permission Page t of t Meridian City Council Special Meeting October 13 2006 The Meridian City Council Special Meeting was called to order at 9:00 A.M. on Tuesday, October 13, 2006 by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Shaun Wardle, Charlie Rountree and Joe Borton. Staff Present: Bill Nary and Sharon Smith. Others Present: Wes Beddis and Steve Simmonds. Item 1. Roll-call Attendance: Roll call. X Shaun Wardle X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd Item 2. Adoption of the Agenda: Bird: Madame Mayor. De Weerd: Mr. Bird. Bird: At that request of the attorney, we would like to add Item No. 4 with the permission of the Mayor and Council of having an Executive Session as per Idaho State Code 67-2345(1)(c) and with that I move we approve the revised agenda. Rountree: Second. De Weerd: Okay, I have a motion and second to approve the agenda as amended. All those in favor say aye. ALL AYES. MOTION CARRIED. Item 3. Bid Results and Award of Abatement and Demolition at the New City Hall Site: Beddis: Mayor, Council members thank you my name is Wesley Beddis. I am construction manager with Petra incorporated, 9056 W. Black Eagle in Boise until March and then will be on Rosario. Thank you for this special session. I apologize there was a clerical error in your report that was my doing that we Meridian City Council Special Meeting October 13, 2006 Page 2 of 6 didn't pick up on. The bid results were correct in terms of the total bid being $386,000 for abatement and demolition as the low bidder. In other words the letter dated October 10kh that I introduced into the record through the combined bid results is correct as is the $23,000 incentive deduct for not salvaging the brick, however, there was not a $70,000 additional incentive for being awarded both the abatement and the demolition and that was strictly a clerical error on my part picking up something on the bid results form that was not actually correct. My apologies, it does not change the bid results or the bidders. It was strictly clerical. So, it is our recommendation as construction manager that you ratify the bid results and direct staff to enter into contract negotiations with the low bidder at $386,000 for a combined bid of both the abatement and demolition. De Weerd: Council any questions? Bird: That is Ideal Demolition, Incorporated? Beddis: Yes. Bird: I have no questions. De Weerd: Okay, Mr. Nary did you anything to add? Nary: Madame Mayor, members of the Council just as further information, Mr. Baird from my office has been in touch with Mr. Lee that we have used in the construction management contract initially and we have gotten some alternatives to the standard contract that is a shorter form that we are going to discuss with Mr. Beddis and see if it is something that we can work out with Ideal Construction and help (inaudible) a little bit quicker so we can get the contract signed and before you. De Weerd: Okay, do you think you can have that before Council then on Tuesday? Nary: Well, we will do the best we can. Bird: Madame Mayor. De Weerd: For the Council, Bill, if we approve it and — with the addition — like we did before Mayor signed and started to attest, it doesn't have to come back does it, if as long as the City Attorney thinks it is a satisfactory contract? Nary: Madame Mayor, members of the Council, Councilman Bird, yes, if the Council is in agreement, like you said, I think all we are looking at is trying to expedite the terms and agree with the amount and if we can get the contract before the Mayor as soon as possible, we could have it signed. Meridian City Council Special Meeting October 13, 2006 Page 3 of 6 Bird: That is my preference. I have no problem with that at all. We are basically writing the contract. If the guy agrees to it, Wes is happy with it, you are happy with it -- Nary: We are certainly working with Petra to make sure it meets their needs as well as the city's. Beddis: Mayor, Council members what Mr. Nary is addressing is the fact that in the bid documents we stated we would be using the American Institute of Architects suite of contract forms, however, for these two scopes of work the abatement and the demolition, the suite of forms keeps referencing back to the architect and the architect's contract documents, which are the drawings. Since there are none of these involved in these scopes of work it is strictly the abatement and the removal of existing structures with no design considerations the contract becomes rather wordy and ineffective by having to continually delete paragraphs or reference away from paragraphs that turn back to the architect since there is no liability for the architect involved in this aspect. So, Mr. Baird approached me this morning and suggested that we look at this alternate contract, which I am very much in agreement with and he will then present both to the successful bidder and let them determine whether they want to stick with the AIA suite or go with a condensed contract form. De Weerd: I don't think our architect would like to claim responsibility for the design of the Creamery. Bird: Oh, I don't know why he wouldn't. De Weerd: Mr. Nary when does the ten days start for the — what is it the EPA notification --? Beddis: EPA notification of intent. Actually that starts once the contractor has sent in the information listing as the apparent contractor for the work and that is not tied to the city's notice or to the contract. It is tied to the contractor's notice to the EPA, which I believe he made on Monday or Tuesday — I would have to confirm with him. But, we are already within that notification period to the EPA. Nary: Madame Mayor, De Weerd: Mr. Nary. Nary: Madame Mayor, members of the Council I did speak with Mr. Watts before he left town, he is out of town today, but he did tell me that he did speak with Ideal Construction after they realized this error on Wednesday and because they are still the low bidder he was anticipating that we would take care of this today, so he told them to proceed with what they were doing to continue on as the contract would likely get approved today. So, they would not get three or four Meridian City Council Special Meeting October 13, 2006 Page 4 of 6 more days behind and that they would continue on with their work. I think we are still on track as if we had awarded it Tuesday anyway. De Weerd: Okay we will need to get the dates so we can set up a minute before the demolition begins a little ceremony. Nary: Mr. Watts is aware of that. I did mention that to Mr. Watts and he said he would be sure to make sure that your office was aware of what all the timing was of all that. The abatement, I think was the initial things that they were looking at and there were some other things preliminarily to the actual demolition. De Weerd: Any other questions Council? Bird: I have none. De Weerd: Okay, thank you. Bird: Madame Mayor if there isn't any discussion I would move that we enter into a contract with Ideal Demolition, Inc. for the demolition of the new city hall site, known as the old Creamery for $386,000 and for the Mayor to sign, the clerk to attest upon approval of contract by Petra, our legal staff and owner, after owner signs. Rountree: Second. De Weerd: I have a motion to approve the contract with Ideal Demolition. Any discussion? Mrs. Smith will you please call roll. Roll Call: Councilman Wardle, aye; Bird, aye; Rountree, aye and Borton, aye. Rountree: Madame Mayor. De Weerd: Mr. Rountree. Rountree: With passage of that I don't know what the plans are in terms of announcing it, but I think I have read at least three articles in the local newspapers indicating that the cost was $316,000 and I think we need to notify them that there was an error and the low bid company is still the company we awarded the price to, but the price is $386,000. De Weerd: I think that was in the last article, too and that it would be back in front of Council today for the new amount. Bird: The last article did say that. Meridian City Council Special Meeting October 13, 2006 Page 5 of 6 De Weerd: So, do you want me to make any further changes? They were notified and it was in the paper. Rountree: Okay, just let them know it happened. De Weerd: Okay, with that behind us we do have an added number four for Executive Session. Bird: Madame Mayor. De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345 1 (a) and (c). Rountree: Second. De Weerd: Okay, I have a motion and a second for an Executive Session. Mr. Nary? Nary: Nothing, Mayor I am sorry. De Weerd: Will you please call roll. Roll Call: Wardle, aye; Bird, aye; Rountree, aye and Borton, aye. Item 4. Executive Session per Idaho Code 67-2345 1 (a) and (c): Wardle: Madame Mayor, I move we come out of Executive Session. Rountree: Second. De Weerd: Okay, I have a motion and a second to come out of Executive Session. All those in favor say aye. ALL AYES. MOTOIN CARRIED. Item 5. Approve Economic Development Coordinator Contract: De Weerd: Okay I will need a motion to add the contract for the Economic Development Coordinator to our agenda for Council consideration. Bird: Madame Mayor. De Weerd: Mr. Bird. Meridian City Council October 10,2006 Page 9 of 40 De Weerd: Thank you. Wardle: Just one question, Madam Mayor. De Weerd: Oh. See, already. Wardle: And, Ron, we are glad to have you, but do you really know what you are getting into? Coulter: No. That's the beauty of it. But I look forward to the opportunity. De Weerd: Well, you just wait until the 23rd before you tell them. Okay. That's his first day. Wardle: Welcome aboard. Coulter: Thank you. B. Finance Department I Purchasing 1. Bid Results and Award for Abatement and Demolition at New City Hall Site: De Weerd: Welcome, Ron. Okay. Thank you. Item 7-B is our Finance Department and Keith Watts is here to share bid results. Watts: Madam Mayor and Council Members, the city received bids on the 5th of October for the abatement and demolition for the creamery site of the new City Hall. We got a joint process with Petra, Incorporated, Construction Manager for the new City Hall project, and we have actually invited Wes Bettis from Petra here to discuss the bid result and the implications from everything that we have received. So, I'm going to let Wes come up and discuss everything. De Weerd: Thank you, Keith. Bettis: Thank you, Keith. Mayor, Council Members, my name is Wesley Bettis, I'm with Petra, Incorporated, 9056 West Black Eagle in Boise, for at least a couple more months before we move to Rosario Place. As Keith mentioned, we put together the bid packages -- or the city did with input from Petra, as noted in the handout that I gave to each of you. It's also in your packages. We advertised in regional and local publications in accordance with the Idaho Department of Public Works statute. Seventeen bid packages were distributed by the city. Six qualified contractors attended the pre-bid walk through site tour and discussion that occurred on September 25th and on bid day we received three bid responses, two of those were abatement bids and two were demolition. The low bid results for both the abatement and the demolition are detailed in the handout. In conclusion, the recommendation of your construction Meridian City Council October 10,2006 Page 10 of 40 manager is to ratify the results of the bid, with Ideal Demolition being awarded both the abatement and the demolition scopes of work, with the only other consideration being what the Council would like to do with salvaging or not salvaging brick for use in the new City of Meridian City Hall facility. De Weerd: Thank you, Wes. Council, any questions, comments, response to the brick question? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: We have discussed this and I would like your three inputs on what you guys -- it's 23,000, 1 believe, difference. Bettis: It's a 23,000 dollar additional deduct. Bird: And I'll let Wes tell you his idea, but I'd like to hear from you three guys what you think about it, because the Mayor and I already have our -- I think our opinions on it. De Weerd: And, Wes, if you could offer any background on your thoughts as well. Bettis: Sure. During the course of the concept as was discussed in the Pre-Council session, working with Lombard Conrad Architects, there was a strong desire to embrace part of the heritage of this site. The creamery site has been a very major focal point for the community in the good times, as well as in the down times, and the desire is very strong to take on that consideration, bring some of that building into the new structure. Part of the bid package did include salvaging the barrel trusses or the lumber that's within the barrel trusses and some of the better select wood beams that are in the warehouse building, which is the eastern most building -- or the southern most building of the complex on the east end and the architect indicated that it would be nice to save some of the brick. We did express a concern about what salvaging the brick would do to the cost of the demolition process, because that does require the demolition contractor to change his approach a little bit and stop his process from the most efficient manner to be able to develop a way to handle the brick and a place to even put the brick. I believe if you decide to go with salvaging some or all of the brick that the architect has designated, which is all the exterior brick on the warehouse building and the east wall of the creamery building, we may have found a temporary storage place for the brick on site in the Union Pacific right of way area. That's one option that we are looking at right now. That would be in place until such time as we needed it -- that area for additional material storage during the course of construction. The architect has shown a very strong interest in utilizing this brick. I believe it could be utilized within the plaza and within the heritage center that would be part of the plaza complex. So, it, basically, comes down to a decision by this body of how you want to look at the embracing of the heritage of the creamery site in the new complex. Meridian City Council October 10,2006 Page 11 of 40 De Weerd: And, Wes, I think some of their interest in saving the brick was in regards to the Lead certification as well; is that correct? Bettis: This is correct. We will receive additional points if the Council decides to move forward with securing a Lead certification for the environmental and economics of this facility as an energywise building. Reuse of existing materials does gain us more credit points towards Lead certification. De Weerd: Okay. Mr. Wardle. Wardle: Madam Mayor. Wes, just a question -- and we saw the earlier plan this evening. If we were to not salvage the brick, we would still need some material to be purchased, delivered, and installed in that plaza area. Do you have just a rough cost of what new material would cost? Bettis: I don't have an idea of the quantity, Councilman Wardle. What we do know is that we can probably buy new brick for about ten cents less per brick than we can salvaging the existing brick -- some of the brick. So, economically, it doesn't make sense from just a dollar standpoint, but putting a value on the heritage aspect I cannot do. Nor can we put a value completely at this point on how much we would receive in Lead certification credit. Wardle: And follow up, Madam Mayor? De Weerd: Uh-huh. Wardle: I guess my point was we are not really talking about a full 23,000, 1 mean certainly less the bid to salvage it, but there is an offset to a cost that we would have to replace it anyway. Bettis: Exactly. De Weerd: Okay. Any other questions, Council? Rountree: Madam Mayor. Councilman Bird wanted some kind of an indication and I think we can probably do that, but I support the concept of -- the concept we saw this evening about a heritage component of the mall area in the new City Hall, along with an amphitheater component that would utilize some of this brick and walls and buffers and that sort of thing that could utilize some of the structural components in the creamery itself. So, I think it's probably the right thing to do. De Weerd: Thank you, Chuck. Mr. Rountree. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Meridian City Council October 10,2006 Page 12 of 40 Bird: Could I also clarify that -- and this -- this contractor was low bid with his two bids and he has offered an incentive, if we give him both contracts, which we should, it being low, of taking off 70,000 dollars. So, actually, instead of 386,000, we are 316,000. Which, if I recall, is about 100 to 150 cheaper than what was estimated. Bettis: Yes. That was actually more than 150,000 less than what we had budgeted originally. Bird: That's what I thought. So, we are -- this gentleman has -- by getting both bids -- and he was low and entitled to both bids in my book -- we get an extra 70 off there and I'm glad to hear what -- Councilman Rountree, because that's my exact feelings on it. It is something that -- even though it is cheaper, probably to go buy new brick, there is still some feeling for that brick and it does help and it does help in the Leads building program and I hope that we are able to make this a Leads building. De Weerd: Okay. Any other comment? Okay. I would, then, look for a motion to award this bid. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that the City of Meridian enter into a contractual agreement for demolition of the creamery property with Ideal Demolition, Incorporated, for demolition and abatement for the sum of 316,000 dollars and for the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: Okay. I have a motion and a second to award the bid to Ideal Demolition. Is that -- and is that with the brick, Mr. Bird? Bird: Yeah, that's -- that's with the brick. I didn't take the 23,000 out. De Weerd: Would that be the amount with the brick, then? Bettis: With salvaging the brick. Bird: With salvaging the brick, 316. De Weerd: Okay. Thank you. Thanks for clarifying -- asking for clarity, just to make sure. Any discussion, Council? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. Meridian City Council October 10,2006 Page 13 of 40 MOTION CARRIED: ALL AYES. De Weerd: Wes, we appreciate you being here with us tonight. Thank you, Keith. Get 'er done. Okay. Bird: Before you -- let's get an update for everybody here. When is the Idaho Power going to start doing out -- Watts: They -- I believe they start the 12th or the 13th. They are not sure exactly what day of October. And this contractor, ideal, is available to start immediately on abatement and they will -- as soon as the ten day notice for the EPA is complete, they will start demolition as well. De Weerd: Excellent. Okay. Bird: We will be there. Watts: All right. De Weerd: Yes. We will all carry our hammers. Wardle: Madam Mayor? De Weerd: Yes, Mr. Wardle. Wardle: I'm assuming that we are going to have some sort of a ceremony or -- De Weerd: We will have some kind of -- Bird: You bet we are. De Weerd: -- bringing down the walls ceremony. Bird: That's right. Wardle: Thank you. De Weerd: Thank you. And we will look for any ideas and if we don't get any, we will come up with them ourself. Wardle: I'll bring my hard hat. De Weerd: Okay. Bird: Everybody bring their hard hat. Keep it in your cars. T �C Meridian City Council November 8,2006 Page 6 of 43 E. Findings of Fact and Conclusions of Law for Approval: PP 06- 040 Request for Preliminary Plat approval of 55 residential, 7 common lots & 1 other lot on 32.45 acres in an R-8 zone for Shepherd Creek Subdivision by Valley Shepherd Church of the Nazarene & Shepherd's Creek, LLC — 2475 South Meridian Road: G. Addendum to Development Agreement: MI 06-002 Request to Amend the previously approved Development Agreement for Walgreen's Pharmacy ( RZ 05-008) to allow an 8-foot tall rather than 6-foot tall CMU wall along the east property line by the Hawkins Companies — 3150 West Cherry Lane: H. Pathway Easement Agreement for Tustin Subdivision with Dyver Development: I. Public Works Change Order No. 3 for the Centrate Tank Construction with Carollo Engineers: J. Scope of Services for PRV SCADA Programming with DC Engineers: K. Water Main Easement Agreement for Boondock Properties, LLC by Select Investment: L. Approve Agreement for Creamery Demolition and Tree Removal with Ideal Demolition: M. Contract for Wastewater Treatment Plant Expansion Project Task Order No. 4 with Carollo Engineers: N. Contract for the Five Mile Creek Flow Measurement Study with Brown and Caldwell: O. Water Main Easement Agreement for Valley Shepherd Church by Valley Shepherd Church of Nazarene: P. Sanitary Sewer and Water Main Easement Agreement for Valley Shepherd Church by Valley Shepherd Church of the Nazarene: Q. Development Agreement: RZ 06-006 Request for a Rezone of 6.82 acres from R-8 to R-15 zones for Cedar Springs Townhomes by John Flaherty Construction — south of West McMillan and west of North Meridian Road: Meridian City Council November 8,2006 Page 7 of 43 R. Agreement for Professional Services with Civil Survey Consultants, Inc. for Engineering Services for Utility Projects in Conjunction with ACHD Project: S. Development Agreement: AZ 05-056 Request for Annexation and Zoning of 6.08 acres from RUT to TN-R and 4.07 acres from RUT to C-C zone for Harks Canyon Creek Subdivision by JBS Enterprises, LLC — 1845 West Franklin Road: T. Development Agreement: Lamont Kouba 1 Robnett Construction for Initial Point Subdivision on East Fairview Avenue: De Weerd: Item 5, Mr. Bird. Bird: Madam Mayor, I move that we -- on the Consent Agenda, Item No. F be moved to the regular agenda as 7-F. That is Resolution No. 06-540. And Item R I move that we table that to November 14th, 2006. With that I move that we approve the Consent Agenda as stated and for the Mayor to sign and the clerk to attest on all papers. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda as changed. Is there any discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: B. Legal Department: 1. Approve SWAC Recommendation for Benches for Playground and Walking Path for Linder Elementary for $1,369.00: 2. Approve SWAC Recommendation on Park Benches for Fuller Park for Western Ada Recreation District for $2,575.00 De Weerd: Okay. Item 6-A, we have already heard the proclamation for the Mountain View High School soccer team, so we will move to Item B, our legal department. Mr. Nary.