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Home My WebLink AboutURA RES 2023-04RESOLUTION NO. ; 0_ W — 64 BE IT HEREBY RESOLVED by the Caldwell Urban Renewal Agency hereby approves an Award of Bid to Ideal Demolition Services, Inc. in the amount of twenty-one thousand and 00/100 dollars ($21,000.00) for the asbestos abatement and demolition of the existing house located at 4024 S. Florida Avenue and hereby directs the City Engineer to issue the award of bid and notice to proceed to Ideal Demolition Services, Inc. PASSED BY THE CALDWELL URBAN RENEWAL AGENCY, this 10th day of April, 2023. APPROVED BY THE URA CHAIRMAN, this 1 Oth day of April, 2023. Attest: df- Clerk �\0 OF THE i� �TyO 4 ,�GORPOR,�T WE ' SEAL MEMORANDUM TO: Caldwell Urban Renewal Agency Meeting Date: April 10, 2023 AGENDA ITEM INFORMATION SUBJECT: Award of Bid to Ideal Demolition Services, Inc. for the Abatement and Demolition of the Existing Home Located at 4024 S. Florida Avenue. Department Submittals X to mark lnitiaA Building Department CDBG Clerk City Attorney Finance Department Human Resources Planning & Zoning Fire Department Police Department Public Works Street Department Water Department W WTP Engineering i X TJ Frans Mapping COST IMPACT: $21,000.00 ks and Recreation 01817120-63220 [Airport ormation S stems TIMELINE: Upon passage of the attached resolution. lf Course THER: SUMMARY STATEMENT: This project is intended to provide asbestos abatement and demolition of the existing house located at 4024 S. Florida Avenue. The Engineering Department requested bid proposals from four abatement and demolition contractors; the City received 2 bids. Ideal Demolition Services, Inc. was the low compliant bidder with a bid of $21,000.00. RECOMMENDED ACTION: It is the recommendation of the Engineering Department that the Urban Renewal Agency accepts the quote from, and gives Notice of Award to, Ideal Demolition Services, Inc. IDEAL DEMOLITION SERVICES, LLC. 2473 W. Success Way, Emmett, ID 83617 Phone (208) 365-1514 — Fax (208) 3654915 Public Works License PWC-C-16275-A-4, State of Idaho License RCE-593 Demolition Proposal/Contract TO: T.J. Frans City Of Caldwell 2084554674 tj frans@cityofcaldwell.org Project: 4024 S. Florida Ave., Caldwell, ID Proposal N 52 Ideal Demolition Services, LLC proposes to furnish all labor, material and equipment to perform the following work in a good workmanship, and substantial manner: SCOPE OF WORK Item 1: Demolish and removal of structure including, slabs, foundation, trees, and shrubbery. Removal of asbestos material per report dated 2/20/23. METHODS AND PROCEDURES I. Perform work in compliance with all City, State and Federal Regulations. PRICE Item 1: Twenty One Thousand................................................................................... $21,000.00 PAYMENT TERMS I . Payment: Due pursuant to Section 9 of this Agreement. OWNER TO PROVIDE 1. Any required approvals or permits relating to asbestos Abatement and/or hazardous materials removal. 2. Final inspections and clearance results for asbestos and other hazardous materials. CONDITIONS • No work to be performed until all utilities have been disconnected and removed by owner (if required). • All resulting debris will be disposed of at a class 3 landfill or transported to a recycle facility. • Materials requiring disposal as hazardous will be handled as a changed condition and a change order shall be issued. • Ideal Demolition Services, LLC retains all salvage rights. • All work will be performed with non -union labor. • Proposal is good for sixty (60) days • Price is based on Ideal Demolition Services LLC, hauling of Materials generated from this site to landfill. INSURANCE Insurance provided on this project is $1,000,000.00 General Liability, 2,000,000.00 Aggregate, $1,000,000.00 Automobile Liability and Statutory Workers Compensation. If additional insurance is required, Owner shall pay for the premium for additional coverage's. EXCLUSIONS The following items are excluded from our proposal unless specifically included in the scope of work. Excluded items must be provided by others, if required, to ensure the timely completion of our work: •9 Bonds, Demolition Permits scraping of floors for new Floor type pedestrian protection, shoring, lagging, underpinning and bracing, dewatering, site security, traffic control, hazardous materials(Abatement), unforeseen conditions, salvage for others, engineering, staking, layout, testing, patching paving, utility disconnect, abandonment, relocation, protection, laden soil, trenching for pipe, removal of contaminated soil, removal of pilings and caissons, support of existing columns, soil testing, hazardous material testing, lot line determination, real property record searches and ownership verification. IDEAL DEMOLITION SERVICES, LLC By: Jonathan Aparicio_ Estimator Date: 3/8/2023 OWN ER/CONTRACTOR/CUSTOMER Print Name and Title Date: THIS DEMOLITION PROPOSAL IS SUBJECT TO THE TERMS AND CONDITIONS ATTACHED HERETO Ideal Demolition Services, LLC PROPOSAL/CONTRACT Page 1 TERMS AND CONDITIONS OF DEMOLITION PROPOSAL 1. WRITTEN AGREEMENT TO ADDITIONAL TERMS. The specifications, terms and conditions ("the Agreement") may not be unilaterally varied by Customer's purchase order or any other document generated by Customer. Any additional or different terms proposed by Customer are hereby rejected and shall be of no force and effect unless expressly agreed to in writing by a member of Ideal Demolition Services, LLC (IDS). 2. SUPPLIES AND MATERIALS. IDS shall have the sole right to choose the suppliers from whom it purchases supplies and materials to be used in the performance of the work provided for under this Agreement. 3. CANCELLATION OF ORDERS. Orders cannot be canceled except upon terms that will compensate IDS for any and all loss, including, without limitation, the cost of any specially ordered materials and an amount for normal overhead and profit. 4. WAIVER OF CLAIMS. All claims for alleged defects, damages, or shortages in the finished work furnished by IDS shall be deemed irrevocably waived unless Customer makes such claim in writing within thirty (30) days of substantial completion of the work by 1 DS. 5. EXCLUSION AND LIMITATION OF WARRANTIES. IDS WARRANTS, THAT THE TO BE FURNISHED WORK WILL BE AS DESCRIBED IN THIS AGREEMENT, BUT IDS MAKES NO OTHER EXPRESS WARRANTY WITH RESPECT TO THE FINISHED WORK. IDS DOES NOT WARRANT THAT THE FINISHED WORK IS OF MERCHANTABLE QUALITY OR THAT IT CAN BE USED FOR ANY PARTICULAR PURPOSE. NO EXPRESS WARRNTIES ARE PROVIDED. 6. LIMITATION OF LIABILITY. IDS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, SUSTAINED OR INCURRED BY CUSTOMER IN CONNECTION WITH THE WORK AND MATERIALS FURNISHED UNDER THIS AGREEMENT. IDS' LIABILITY FOR BREACH OF THIS AGREEMENT, AND CUSTOMER'S REMEDY THEREFORE, SHALL BE LIMITED TO THE CONTRACT PRICE OF THE WORK TO BE FURNISHED, AS SET FORTH ON THE REVERSE THEREOF, OR THE COMPLETION OF THE WORK UNDER THIS AGREEMENT, AT THE OPTION OF IDS. 7. FORCE MAJEURE. IDS shall have no liability for delays in the performance, or non-performance, of this Agreement occasioned by causes beyond the control of IDS, including, without limitation, acts of God, war, strikes, lockouts, fires, inability to obtain materials or shipping space, equipment breakdown, delays of carriers or suppliers and governmental acts and regulations. 8. ALTERATIONS. Any work Customer requests IDS to perform that differs from or is in addition to the original specifications set forth on the reverse hereof is a change. Such changes, different or additional work shall be billed to and paid by Customer. A verbal request for a change, upon which IDS acts, shall be deemed to be a valid change order. For some changes, a written change order may be required. 9. PAYMENT TERMS. Customer shall pay IDS in full upon job completion if the time to complete the work does not exceed fifteen (15) calendar days unless a progress payment schedule is set forth in the Agreement. Otherwise, payment shall be made in accordance with the Agreement's payment schedule, or if there is no such schedule and the work exceeds fifteen (15) calendar days, from time to time in accordance with the value of the work performed and the materials provided and actually delivered to Customer's job site. IDS shall submit invoices to Customer pursuant to the foregoing terms. Invoices are due upon presentation. Accounts which are not paid within thirty (30) days from invoice date shall bear interest at the rate of I '/z percent and/or the maximum rate allowed by the law, and shall be charged a $100.00/month collection charge. Further a lien may be placed against your real property and collection methods commenced. 10. SCHEDULING AND PRICE. If preferential scheduling is required to meet Customer's requirements, IDS shall have the right to adjust the prices to reflect such scheduling. 11. ASBESTOS. Unless specifically provided for on the reverse of this Agreement, IDS' scope of work shall not include the identification, detection, abatements, encapsulation or removal of asbestos or other hazardous substances. If IDS encounters any such products or materials in the course of performing its work, or if such hazardous materials are encountered by any firm performing work at the job site and IDS determines that such materials present a hazard to its employees or the environment, IDS shall have the right to discontinue its work and remove its employees from the job site until such products or materials, and any hazards connected therewith, are located and abated, encapsulated or removed, or it is determined that no hazard exists (as the case may require), and IDS shall receive an extension of time to complete its work hereunder and compensation for delays encountered as a result of such situation and correction. Ideal Demolition Services, LLC PROPOSAL/CONTRACT Page 2 12. HAZARDOUS MATERIALS. Customer hereby agrees to indemnify, defend and hold harmless IDS from and against any and all damages, losses, obligations, liabilities, fines, penalties, claims (whether well-founded or not), actions or causes of action for whatever kind of nature, which may be made, asserted, maintained, enforced, secured against or sustained or suffered by IDS, in whole or in part by reason of, or arising out of, operating to, the presence, whether discovered or not, known or not known, of any hazardous materials located on the property where the project is located and further, to defend, indemnify and hold IDS harmless from and against, any and all claims, lawsuits, losses, liabilities, damages, fines, penalties and expenses (including, without limitation, clean-up costs and reasonable attorney's fees arising by reason of any of the aforesaid or any action against IDS under this indemnity) arising directly or indirectly from, in whole or part, out of or by reason of any breach of any provision of this paragraph, any environmental or regulatory violations, or any Hazardous Discharge or Environmental Complaint related to the Premises or any items located thereon, whether or not initiated or occurring prior to or after the work performed by IDS and whether or not Customer has any claim for reimbursement or indemnity for any third party, except as to such items caused solely by the act or negligence of IDS while it uses or is working on the project. Customer's obligation under this paragraph is without any exclusion or limitation whatsoever. Hazardous materials shall include all materials, waste, chemicals or compounds which are defined as hazardous by any federal or state statue or governmental entity. 13. INDEMNIFICATION. Customer shall indemnify, defend and hold IDS and its members, employees, agents and representatives (the "Indemnified Parties") harmless from any and all loss, cost, expense and damages on account of any and all manner of claims, demands, actions and proceedings that may be instituted against any Indemnified Party on any and all grounds, regardless of responsibility for negligence and which might arise in connection with the agreed work. Customer agrees to defend promptly and continue the defense of any such claim, demand, action or proceeding that may be brought against any Indemnified Party at the Customer's sole expense, provided that such Indemnified Party shall promptly notify Customer with respect thereto, and provided further that such Indemnified Party shall give to Customer reasonable time in which to undertake and continue the defense thereof. 14. TAXES. Appropriate state and local taxes will be added to all applicable invoices. If any job or portion thereof believed to be exempt from sales tax is determined subsequently to be taxable, Customer shall hold IDS harmless from the tax liability assessed and pay the tax due. 15. BANKRUPTCY. If either party makes an assignment for the benefit of creditors, admits in writing its inability to pay its debts as they become due, files a voluntary, or has filed against in an involuntary, petition for bankruptcy or reorganization, is adjudicated a bankrupt or insolvent, or applies for or consents to the appointment of a receiver for it or its property, the other party may terminate this Agreement by written notice. Such termination shall not relieve either party from any obligation accrued hereunder up to the date of receipt of notice of termination. 16. ATTORNEY'S FEES. In any action at law or in equity to enforce any of the provisions or rights under this Agreement, the unsuccessful party to such action or proceeding, as determined in a final judgment, or by court of law in a final judgment or decree, shall pay the successful party all costs, expenses and reasonable attorney's fees incurred therein by such party (including, without limitation such costs, expenses and fees on any appeal), and if such successful party shall recover judgment in any such action or proceeding, such costs, expenses and attorney's fees shall be included as part of such judgment. 17. INTEGRATION. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior agreements, representations and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by the party sought to be bound, and/or no waiver of any of the provisions of this Agreement shall be deemed, or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an officer of IDS, if IDS is the parry making the waiver, or by Customer, if Customer is the party making the waiver. 18. GOVERNING LAW. The laws of the State of Idaho shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties. JA Initial Ideal Demolition Services, LLC Initial Owner/Contractor/Customer Ideal Demolition Services, LLC PROPOSAL/CONTRACT Page 3