Asbestos Abatement & Demolition Services

Page 1 of 4 PURCHASING DIVISION Calvin Brinks, Manager (616) 632-7720 purchasing@kentcountymi.gov SOLICITATION Solicitation Type Bid Solicitation Number 5470 Description Asbestos Abatement & Demolition Services Date of Issuance 11/27/2023 Inquiries Deadline Date & Time (local) 12/06/2023, 2 PM Due Date & Time (local) 12/13/2023, 2 PM Pre-Submission Conference Pre-Submission On-Site Inspection by Appointment Buyer Name Pitchellis INTRODUCTION The Kent County Purchasing Division is soliciting bids for demolition services including asbestos abatement at a property located at 4073 Segwun Ave SE, Lowell, MI 49331. Work is to be completed and accepted by April 15, 2024. The request is to provide asbestos abatement and demolish the house on site. BID OPENING The sealed submissions will be publicly opened and read aloud by the Kent County Purchasing Division. Kent County Purchasing Division will conduct public openings via

teleconference. Click here to join the public opening. SCOPE The County requires demolition of the structures on site located at 4073 Segwun Ave SE, Lowell, MI 49331. See attached aerial of demolition limits. The work includes the following: 1. Respondent has the capability to break down and remove house and structures in accordance with generally accepted demolition practices and procedures. 2. Respondent will be required to obtain permits. 3. Removal of trees and shrubs approved by Kent County (protection of trees not removed). 4. Removal of concrete walls and floor to a level 3 feet below grade. 5. Removal of all products from site that are not part of building. 6. Existing Barn to remain, however all debris around it are to be removed. 7. All dumping fees will be the responsibility of the Respondent. 8. Back fill of basement and compact. Cover with topsoil (4 minimum) and finish top grade (subject to approval). 9. Abandonment of septic system in accordance to Kent County Health Department regulations and provide copies of KCHD documentation to the Kent County Parks Department. Revised 12/6/2023 Kent 4 County https://kentcountymi.zoom.us/j/89675371399?pwd=ufAeu36uaxPaKKzlKb2ZmMYL1avx2w.1; Page 2 of 4 10. Submit a project plan with times frames for completion of all requirements for house and structure removals. 11. Return to original grade. 12. Asbestos Abatement will be required (sample results attached). Kent County will disconnect utilities (telephone & electric service), compete well abandonments, have structures surveyed for asbestos containing materials. Dimensions, if furnished, are for general reference only and should be verified by Respondent. Kent County will award and contract for the goods and services in this Solicitation in an efficient and timely manner. In no event will notification of award be more than 45 days from the date of submission. The Kent County Standard Submission Terms posted on the Bid Opportunities page of the Kent County Purchasing Division website are incorporated by reference and shall be deemed to have the same force and effect as if fully set forth herein. CONTRACT Respondent shall agree to the terms and execute the Kent County Demolition Agreement attached as Exhibit A. The County will consider contract exceptions only if the Respondent provides the exceptions in its submission. Contract exceptions may preclude Respondent from further consideration if the County, at its sole discretion, deems the exception material and unsurmountable. INQUIRIES Any and all communication regarding this Solicitation shall be on the Kent County Purchasing Division Inquiry Blog via the Bid Opportunities page or during pre-proposal meetings. Kent County reserves the right to determine the response format or not respond, at its sole discretion. PRE-SUBMISSION ON-SITE INSPECTION A pre-submission conference will not be held for this Solicitation. Respondent may request an on-site inspection by appointment. Discussions between Respondent and Kent County staff during the on-site inspection do not override any written specification or correspondence provided in this Solicitation. Contact for an appointment: Contact Name Josh Mattice Contact Phone Number 616-450-3513 Respondent shall only communicate with the above contact for on-site inspection purposes. Any Respondent requesting a modification to the written specification must contact the Kent County Purchasing Division. REFERENCES Provide 3 references of current/past customers who can verify the quality of products and/or services of similar size and scope your company provides. References may not include any current/past Kent County employees. https://www.accesskent.com/RFPWorkbench/LoadPublicTableAction.action https://www.accesskent.com/RFPWorkbench/LoadPublicTableAction.action Page 3 of 4 BID BOND No Bid Bond is required if Respondents offer is less than $500,000. If the offer is withdrawn after Solicitation opening, Respondent may be removed from the Bidder's List (Vendor Registration) pursuant to Kent County Purchasing Central Purchasing and Open Market Procedures for Goods and Services section D.13 Failure to Perform Satisfactory. Each offer over $500,000 must be accompanied by a Bid Bond executed by the Respondent and payable to County of Kent for 5% of the total amount of the offer. Attorneys-in-fact who sign Bid Bonds, Payment Bonds or Performance Bonds must file a certified dated copy of their Power of Attorney. A certified check, bank draft, cashier's check, or negotiable U.S. Government bond (at par value) may be submitted In lieu of a Bid Bond. Personal checks are NOT acceptable. If requested, the Original Bid Bond must be received by the Kent County Purchasing Division within 2 business days of request. Bid Bonds of unsuccessful Respondents will be returned after the Solicitation is awarded. The Bid Bond of the successful Respondent will be retained until the contract is fully executed by all parties involved. PERFORMANCE AND PAYMENT BOND Each contract over $50,000 must be accompanied by a Performance Bond and a Payment Bond, each payable to the Owner (County of Kent) and each in the amount of 100% of the contract price with a corporate surety approved by the funding agency, for the faithful performance of the contract. INVITATION FOR BID/RFQ SUBMISSION Complete submissions must be received in the Kent County Purchasing Division on or before the due date/time specified by the designated clock (local time). Late, faxed, or emailed responses will NOT be considered. Submissions may be submitted electronically on the Bid Opportunities page of the Kent County Purchasing Division's website. Respondent must include a complete submission as 1 non-password protected PDF document. Respondent shall submit the Submission Form (Bid Form Response Form) posted on the Bids Opportunities page of the Kent County Purchasing Divisions website. Click the Submit Online icon to submit electronically or to print the Submission Form. Respondent must submit the Bid Bond with Submission Form. The time required to upload a submission may vary. Respondent assumes all risks associated with electronic submission, including all technological difficulties, and deems the County and its service provider harmless and without fault. Successful electronic submissions are confirmed via Respondent's email. Respondent shall view the link in the confirmation email to determine accuracy prior to due date/time. Submissions that deviate from the Solicitation specifications will only be considered if the deviations are clearly detailed and noted within the submission. In case of a dispute regarding the true intent and meaning of the specifications, the Countys interpretation will prevail. When a Solicitation states no alternates, no deviations are permitted. https://www.accesskent.com/Departments/Purchasing/vendor.htm https://www.accesskent.com/Departments/Purchasing/vendor.htm https://www.accesskent.com/RFPWorkbench/LoadPublicTableAction.action https://www.accesskent.com/RFPWorkbench/LoadPublicTableAction.action Page 4 of 4 Kent County is not liable for cost incurred prior to award. A submission shall constitute an irrevocable offer for a period of 45 days from the due date/time. In the event the notification of award is not made within 45 days from the due date/time, the Respondent may withdraw or provide a written extension of their submission. Submissions may only be withdrawn by written request if the request is received before the due date/time. Withdrawals after opening shall be subject to Kent County Fiscal Policy Centralized Purchasing 5(i)(2). NO BID Please provide feedback if you are electing not to participate in this Solicitation. https://www.accesskent.com/Departments/Purchasing/vendor.htm https://www.accesskent.com/Departments/Purchasing/vendor.htm https://forms.office.com/g/PSALYQZm1Z Prepared by: Insulation Services, Inc. October 24 2023 Prepared by: Project Number: S-2954 Rick Owen United States Environmental Protection Agency (EPA) Certified Building Inspector A10583 ASBESTOS SURVEY REPORT 4073 Segwun Lowell, i Introduction This report is based on requirements of the National Emissions Standards of Hazardous Air Pollutants (NESHAPS) requirements for renovation and/or demolition projects. OSHA requires under 1926.1101 regulations that all buildings, whether public or private, and commercial construction prior to 1981 have a survey report prior to demolition or renovation activities that might disturb building materials. All suspect materials that could contain asbestos shall be presumed to contain asbestos until tested. Friable materials are materials that can be reduced to powder with hand pressure such as fireproofing, sprayed-on acoustic ceilings, ceiling tile, pipe insulation, and other thermal systems insulation. All other materials such as floor tile, adhesives, plaster, stucco, and sheet rock mudding compounds are considered non-friable materials. Because friable materials are more likely to release asbestos fibers into the air when disturbed than non- friable materials, friable materials are considered a greater health concern. All identified suspect asbestos-containing materials are summarized within this report. Materials testing positive for asbestos quantities are summarized within the conclusions. Removal cost estimates for asbestos-containing materials are found in the estimate summary. Removal cost estimates are for budgeting purposes only and should not be used as a quote for removal of the materials. It is not our recommendation to remove these materials unless they are beyond repair, or planned demolition or renovation activities will disturb the materials. Estimates are based on recent pricing we have received from contractors performing similar work and may vary from actual prices obtained due to the actual scope of work, quantity of material removed, control measures specified and contractor work loads. On October 20, 2023 Rick Owen (A10583), a United States Environmental Protection Agency (EPA) Certified Building Inspector, from Insulation & Environmental Services, performed an asbestos survey of the house located at 4073 Segwun, Lowell Mi in accordance with OSHA 1926.1101 Code of Federal Regulations. DISCLAIMER This report is prepared for the express use and benefit of Kent County and its agents and employees. The information in this report or portions thereof may be required to be included in notifications to employees, contractors or other visitors to the building(s). This report is not intended to be used as a specification or work plan for any of the work suggested or recommended in this report. This report is based upon conditions and practices observed at the property and information made available to the surveyor. This report does not intend to identify all hazards or unsafe practices, or to indicate that other hazards or unsafe practices do not exist at the premises. A best effort to list materials which may be encountered during the demolition of walls or interior structures was conducted during the inspection. Selective demolition to structures has been completed to inspect areas such as interior walls, cavities, or plenums. If additional suspect material(s) are encountered areas during demolition these materials should be treated as asbestos containing until confirmed otherwise. If the owner or others encounter a material which is not listed in this survey please contact ISI to have the material(s) properly inspected and tested. nt mo iti os " ' me de ae a u ie mo x ot ' a a ' ret " Introduction This report is based on requirements of the National Emissions Standards of Hazardous Air Pollutants (NESHAPS) requirements for renovation and/or demolition projects. OSHA requires under 1926.1101 regulations that all buildings, whether public or private, and commercial construction prior to 1981 have a survey report prior to demolition or renovation activities that might disturb building materials. All suspect materials that could contain asbestos shall be presumed to contain asbestos until tested. Friable materials are materials that can be reduced to powder with hand pressure such as fireproofing, sprayed-on acoustic ceilings, ceiling tile, pipe insulation, and other thermal systems insulation. All other materials such as floor tile, adhesives, plaster, stucco, and sheet rock mudding compounds are considered non-friable materials. Because friable materials are more likely to release asbestos fibers into the air when disturbed than non- friable materials, friable materials are considered a greater health concern. All identified suspect asbestos-containing materials are summarized within this report. Materials testing positive for asbestos quantities are summarized within the conclusions. Removal cost estimates for asbestos-containing materials are found in the estimate summary. Removal cost estimates are for budgeting purposes only and should not be used as a quote for removal of the materials. It is not our recommendation to remove these materials unless they are beyond repair, or planned demolition or renovation activities will disturb the materials. Estimates are based on recent pricing we have received from contractors performing similar work and may vary from actual prices obtained due to the actual scope of work, quantity of material removed, control measures specified and contractor work loads. On October 20, 2023 Rick Owen (A10583), a United States Environmental Protection Agency (EPA) Certified Building Inspector, from Insulation & Environmental Services, performed an asbestos survey of the house located at 4073 Segwun, Lowell Mi in accordance with OSHA 1926.1101 Code of Federal Regulations. DISCLAIMER This report is prepared for the express use and benefit of Kent County and its agents and employees. The information in this report or portions thereof may be required to be included in notifications to employees, contractors or other visitors to the building(s). This report is not intended to be used as a specification or work plan for any of the work suggested or recommended in this report. This report is based upon conditions and practices observed at the property and information made available to the surveyor. This report does not intend to identify all hazards or unsafe practices, or to indicate that other hazards or unsafe practices do not exist at the premises. A best effort to list materials which may be encountered during the demolition of walls or interior structures was conducted during the inspection. Selective demolition to structures has been completed to inspect areas such as interior walls, cavities, or plenums. If additional suspect material(s) are encountered areas during demolition these materials should be treated as asbestos containing until confirmed otherwise. If the owner or others encounter a material which is not listed in this survey please contact ISI to have the material(s) properly inspected and tested. 4073 Segwun Lowell Mi ASBESTOS SURVEY COMPLETED RESULTS FACTS: e OSHA Construction Standard requires all commercial, industrial, and institutional constructed prior to 1981 to presume to contain asbestos within certain building materials. A survey is required prior to demolition or renovation. e 20 Samples were collected by a State certified Inspector. e 9 Building materials were determined to be suspect and were sampled accordingly. See materials discovered below. e Two of the materials was shown to contain Asbestos, after their removal the building will be safe for demolition. SUSPECT MATERIALS: The following building materials were deemed suspect and sampled for the possible presence of asbestos. Asbestos Material Description Location Sampled _ Detected Drywall Throughout Yes No Plaster Throughout Yes No vCT Dining- kitchen Yes Yes VCT checkerboard pattern Living room Yes Yes window glazing exterior windows Yes No Transite Exterior under siding Yes Yes Roof shingle Roof Yes No Tar paper Barn Yes No Window Glazing Barn Yes No None INSULATION SERVICES, INC. Sincerely, Asbestos Survey Page 2 Observations: Approximate size of house is 3500 square feet The building is a one story facility No suspect attic insulation in attic space. No suspect material on heating system ASBESTOS MATERIALS CONFIRMED: e VCT in kitchen and living rooms e Transite under vinyl siding Richard Owen ASBESTOS MATERIALS ASSUMMED: Bulk Sampling Protocol and Analytical Methods Bulk samples of suspect asbestos containing building materials were obtained using standard industrial hygiene techniques including wetting friable materials to minimize fiber release. When necessary, our personnel wore half-face air purifying respirators equipped with high efficiency particulate (HEPA) filters while obtaining samples. Our sampling strategy for suspect friable surfacing materials was based on the guidelines outlined in the EPA publication Asbestos in Buildings: Simplified Sampling Scheme for Friable Surfacing Materials, the procedures outlined in 40 CFR 763, Subpart E (AHERA), and the standards of the Michigan Department of Health presented in the Michigan Asbestos Health Protection Rules. For non-friable suspect materials, AHERA requires the building inspector to determine the appropriate number of samples to obtain and analyze. For each homogeneous material identified by visual inspection as suspect material, random samples are obtained. A bulk sample is randomly selected from each homogeneous material for first-round testing. If the sample is positive, the remaining samples are not analyzed; if the sample is negative, the other samples are submitted for study. Every sample must be reported negative if the material is to be considered non- asbestos containing. The bulk samples were delivered to an independent laboratory that participates in the bulk sample proficiency analysis program conducted by the United States Environmental Protection Agency and is accredited by the National Voluntary Laboratory Program (NVLAP). The samples were analyzed using Polarized Light Microscopy (PLM) with dispersion staining to estimate the percent of asbestos composition by volume. Samples with no observable asbestiform minerals are designated as Non-Detect (ND). Samples in which asbestiform minerals are observed, but exist in concentrations of less than one percent (1%), are designated as present in Trace (TR) amounts; all other samples are designated as asbestos containing with the appropriate percent of asbestos noted. Laboratory Bulk Sampling Reports 41709 Chesterdale Road Cincinnati, Ohio 45246 888.895.11771513.438.6006 !AQ@SanAir.com | SanAir.com Page 1 of 8 pecialisis Technologies Laboratory flentifics tion Analysis Report prepared for Insulation & Environmental Services, Inc Report Date: 10/23/2023 Project Name: 4073 Segway Project #: 2954 SanAir ID#: 23058593 nylas NVLAP LAB CODE 600227-0 SanAir ID Number 23058593 FINAL REPORT 10/23/2023 4:41:15 PM a 11709 Chesterdale Rd., Cincinnati, OH 45246 | 513.438.6006 | Fax: 804.897.1177 | www.SanAir.com | |AQ@SanAir.com Page 2 of 8 San ir Technologies Laboratory Name: Insulation & Environmental Services, Inc Project Number: 2954 Address: PO Box 141636 P.O. Number: 60313 Grand Rapids, MI 49514 Project Name: 4073 Segway Phone: 616-453-8030 Collected Date: 10/20/2023 Received Date: 10/23/2023 9:55:00 AM Dear Rick Owen, We at SanAir would like to thank you for the work you recently submitted. The 20 sample(s) were received on Monday, October 23, 2023 via UPS. The final report(s) is enclosed for the following sample(s): 01a, 01b, O1c, 01d, O1e, 02a, 02b, 03a, 03b, 04a, 04b, 05a, 05b, 06, 07a, 07b, B-O1a, B-01b, B-02a, B-02b. These results only pertain to this job and should not be used in the interpretation of any other job. This report is only complete in its entirety. Refer to the listing below of the pages included in a complete final report. Sincerely, Maureen Y. Haley Asbestos Laboratory Manager SanAir Technologies Laboratory Final Report Includes: - Cover Letter - Analysis Pages - Disclaimers and Additional Information Sample conditions: - 20 samples in Good condition. Components 10% Cellulose 40% Other 50% Chrysotile 100% Other 100% Other {01a / 23058593-001 Plaster #01c / 23058593-003 iPlaster 201e / 23058593-005 ?Plaster r03b / 23058593-009 VCT-Kitchen/ Dining, Tile Grey Non-Fibrous Homogeneous Grey Non-Fibrous Homogeneous Grey Non-Fibrous Homogeneous Grey Non-Fibrous Heterogeneous Red Non-Fibrous Heterogeneous 1% Hair 1% Hair 10% Cellulose 50% Quartz 50% Other 80% Gypsum 10% Other None Detected 01b / 23058593-002 Grey Plaster Non-Fibrous Homogeneous 01d / 23058593-004 Grey Plaster . Non-Fibrous Homogeneous 02a / 23058593-006 Grey 10% Cellulose 80% Gypsum Drywall Non-Fibrous 10% Other Heterogeneous 03a / 23058593-008 Red VCT-Kitchen/ Dining Non-Fibrous Heterogeneous 03b / 23058593-009 Grey VCT-Kitchen/ Dining, Backing . Fibrous Homogeneous / A anatory: Analyst: Me ma pproved Signatory: Ai te 10/23/2023 Date: 10/23/2023 Analysis Date: None Detected Page 3 of 8 None Detected None Detected 50% Quartz 50% Other 702b / 23058593-007 Drywall None Detected 1% Hair 10/23/2023 4:41:15 PM San ir Technologies Laboratory Project Number: 2954 P.O. Number: 60313 Project Name: 4073 Segway Collected Date: 10/20/2023 Received Date: 10/23/2023 9:55:00 AM Name: Insulation & Environmental Services, Inc Address: PO Box 141636 Grand Rapids, MI 49514 Phone: 616-453-8030 Analyst: Poeppelman, Dustin Asbestos Bulk PLM EPA 600/R-93/116 SanAjir ID / Description None Detected SanAir Number 23058593 FINAL REPORT 50% Quartz 50% Other 1% Hair % Fibrous % Non-fibrous Asbestos Fibers 1% Hair None Detected None Detected 50% Quartz 50% Other None Detected Stereoscopic Appearance 50% Quartz S0% Other 100% Other None Detected SanAir Number 23058593 FINAL REPORT 10/23/2023 4:41:15 PM San If Technologies Laboratory Name: Insulation & Environmental Services, Inc Project Number: 2954 Address: PO Box 141636 P.O. Number: 60313 Grand Rapids, M! 49514 Project Name: 4073 Segway Phone: 616-453-8030 Collected Date: 10/20/2023 Received Date: 10/23/2023 9:55:00 AM Analyst: Poeppelman, Dustin Components Stereoscopic Appearance % Fibrous % Non-fibrous Asbestos Fibers 04a / 23058593-010 VCT Living Room Checkerboard, Tile 04b / 23058593-011 VCT Living Room Checkerboard, Mastic 04b / 23058593-011 VCT Living Room Checkerboard, Mastic Green Non-Fibrous Homogeneous Tan Non-Fibrous Homogeneous Black Non-Fibrous Homogeneous 94% Other 100% Other 100% Other 6% Chrysotile None Detected None Detected 04a / 23058593-010 *VCT Living Room Checkerboard, 104a / 23058593-010 :VCT Living Room Checkerboard, Mastic 04b / 23058593-011 'VCT Living Room Checkerboard, Tile Tan Non-Fibrous Homogeneous Black Non-Fibrous Hemogeneaus Red Non-Fibrous 100% Other 100% Other 94% Other None Detecte None Detected 100% Other None Detected None Detected 6% Chrysotile Homogeneous 105a / 23058593-012 Window Glazing-House 106 / 23058593-014 'Transite White Non-Fibrous Homogeneous Grey Non-Fibrous Homogeneous 41709 Chesterdale Rd., Cincinnati, OH 45246 | 513.438.6006 | Fax: 804.897.1177 | www.SanAir.com | [AQ@SanAir.com Page 4 of 8 05b / 23058593-013 White Window Glazing-House Non-Fibrous Homogeneous 07a / 23058593-015 Black 5% Glass 95% Other Roof Shingle Non-Fibrous Homogeneous Analyst: Mae ee Approved Signatory: fo be. Wh Analysis Date: 10/23/2023 Date: 10/23/2023 85% Other 15% Chrysotile SanAir ID / Description Asbestos Bulk PLM EPA 600/R-93/116 Stereoscopic Appearance IDN be 11709 Chesterdale Rd., Cincinnati, OH 45246 | 513.438.6006 | Fax: 804.897.1177 | www.SanAir.com | |AQ@SanAir.com Page 5 of 8 None Detected B-O1la / 23058593-017 Felt Paper-Barn B-02a / 23058593-019 Window Glazing-Barn Black Non-Fibrous Homogeneous White Non-Fibrous Homogeneous 40% Cellulose 60% Other 100% Other None Detected 100% Other None Detected L07b / 23058593-016 )Roof Shingle $B-O1b / 23058593-018 iFelt Paper-Barn sB-02b / 23058593-020 *Window Glazing-Barn Black Non-Fibrous Homogeneous Black Non-Fibrous Homogeneous White Non-Fibrous Homogeneous Analyst: Me Aylin Approved Signatory: fet te. Ls Analysis Date: 10/23/2023 Date: 10/23/2023 SanAir 1D / Description 40% Cellulose 60% Other None Detected Components % Fibrous % Non-fibrous Asbestos Fibers San ir Technologies Laboratory Project Number: 2954 P.O. Number: 60313 Project Name: 4073 Segway Collected Date: 10/20/2023 Received Date: 10/23/2023 9:55:00 AM Name: Insulation & Environmental Services, Inc Address: PO Box 141636 Grand Rapids, Ml 49514 Phone: 616-453-8030 Analyst: Poeppelman, Dustin Asbestos Bulk PLM EPA 600/R-93/116 5% Glass 95% Other SanAir umoer 23058593 FINAL REPORT 10/23/2023 4:41:15 PM None Detected Rev#01 2/3/2023 Page 6 of 8 Disclaimer The final report cannot be reproduced, except in full, without written authorization from SanAir. This report is the sole property of the client named on the SanAir Technologies Laboratory chain-of-custody (COC). Results in the report are confidential information intended only for the use by the client named on the COC. Neither results nor reports will be discussed with or released to any third party without our client's written permission to assure that parts of the report are not taken out of context and to maintain client confidentiality. The information provided in this report applies only to the samples submitted in the condition they were received at the laboratory and is relevant only for the date, time, and location of sampling. Samples were received in good condition unless otherwise noted on the report. Fibers smaller than 5 microns cannot be seen with this method due to scope limitations. The accuracy of the results is dependent upon the clients sampling procedure and information provided to the laboratory by the client, which includes the project name, project number, po number, sample collection dates, special instructions, samples collected by, sample numbers, sample identifications/ location, sample type, selected analysis type, and total area or volume that may affect the validity of the results. SanAir assumes no responsibility for the sampling procedure and will provide evaluation reports based solely on the sample and information provided by the client. SanAir assumes no responsibility or liability for the manner in which results are used or interpreted. This report does not constitute and shall not be used to claim product certification, approval, or endorsement by NVLAP, NIST, AIHA LAP, LLC or any other agency of the U.S. government. Samples are held for a period of 60 days. Polarized- light microscopy is not consistently reliable in detecting asbestos in floor covering and similar non-friable organically bound materials. Quantitative transmission electron microscopy is currently the only method that can be used to determine if this material can be considered or treated as non-asbestos containing. Asbestos Accreditations, Licenses, or Certificates NVLAP Lab Code 600227-0 State of Rhode Island Department of Health, Certification Number: PLM00144, TEM00144 State of West Virginia Bureau for Public Health, Analytical Laboratory Number: LT000637 plaster 24HR @ 3 Days 155] Oakbridge Dr. STE B Chain of Custody Form 140, Rev 1, 1/20/2017 Doaqadguad _ . Powhatan, VA 23139 Asbestos San | 804.897.1177 / 888.895.1177 Fax 804.897.0070 Technologies Laboratory sanair.com Insulation & Environmental Services, Inc Proect #: 2904 Address: PO Box 141636 Proect Name: 4073 Segway Go st Grand Rapids, MI 49514 Date Collected: 10/20 State of Collection: MI Account#: 2574 P.O. Number: 60313 Buk | Air ABB PLM EPA 600/R-93/116 ABA PCM NIOSH 7400 Positive Stop Oo ABA-2. OSHA w/ TWA* ABEPA PLMEPA 400 Point Count OC ABTEM TEM AHERA ABBIK PLMEPA 1000 Point Count oD ABATN TEM NIOSH 7402 ABBEN PLM EPA NOB** oO ABT2 TEM Level II ABBCH TEM Chatfield** cg _COther: * ABBTM TEM EPA NOB a New York ELAP ABO PLM Qualitative oO PLM NY PLM EPA 600/M4-82-020 Oo ** Available on 24-hr. to 5-day TAT ABEPA2 NY ELAP 198.1 Water ABHE EPA 100.2 Tum Around Times Special Instructions Sample # Ola O1b Oic 01d Ole 02a 02b 03a 03b 04a 04b 05a Oo Collectb : R.Owen 616-453-8030 Phone #: Fax # 616-453-2421 Email: INSulationserv@aol.com Soil ABSE PLMEPA 600/R-93/116 (Qual.) Vermiculite & Soil ABSP PLM CARB 435 (LOD 1%) ABSP1 PLM CARB 435 (LOD 0.25%) ABSP2 PLM CARB 435 (LOD 0.1%) Dust ABWA TEM Wipe ASTM D-6480 ABDMV_ TEM Microvac ASTM D-5755 ABENY NY ELAP1986PLMNOB 5 Matrix Oo ABBNY NYELAP1984TEMNOB ,, 3HR(4HRTEM) O 6 HR (SHR TEM) O Di 2 Days O 3 Days Sample Identification/Location Volume or Area 1800 Sf 12HR O O 4 Days Sample Date Other Flow Rate* Start Stop Time* 0 Oo oa ood VCT living room checkerboard 300 Sf window glazing -house 15 SF Relin uished b Date Time R vedb Date Time R.Owen 00 42:00 pm dA 17 Cnn Unless scheduled, the turnaround time for all samples received after 3 pm EST ahead of time and is charged for rush turnaround time. SanAir covers Page 1 of 1 Ifno technician is provided, then the primary contact for your account will be selected. Friday will begin at 8 am Monday morning. Weekend or holiday wock must be scheduled Standard Overnight FedEx shipping. Shipments billed to SanAir with a faster shipping rate will result in additional charges. Page 7 of 8 600 Sf VCT - kitchen/dining 350 Sf Special Instructions Relin uished b Date Time Received b Date Time ROwen 10720 42:00 pm Mm t Ifno technician is provided, then the primary cotitact for your account will be selected. Unless scheduled, the turnaround time for all samples received after 3 pm EST Friday will begin at 8 am Monday morning. Weekend or holiday work must be scheduled shead of time and is charged for rush turnaround time. SanAir covers Standard Overnight FedEx shipping. Shipments billed to SanAix with a faster shipping rate will result in additional charges. 2 2 Page Page 8 of 8 transite foof shingle A30 SSIY 'S Form 140, Revision 1, 1/20/2017 ie Somleetniowactnn YOUNES Semple Flow Sits im 05b * 2800 SF 07a 07b B-O1a B-COtb B-02a B-02b Window glazing-barn 8 SF 300 Sf felt paper-barn _ 1 1 oe " - wa : i 7 1 - : : : - 7 : 5 7 au at 7 : roe aT A 1 1 : a My / x aves t t oe n> 7 / Poa - - 7 me ; fi ow a tet - ar ; 7 - he 1 ' aie ' 1 u 7 ; 7 Summary of Regulatory Requirements This appendix provides a summary of building owner and manager requirements under various asbestos regulations promulgated by the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA) to protect building occupants and employees from exposure to asbestos. Survey Requirements Prior to any renovation activity, OSHA and EPA regulations require that a complete asbestos survey be performed to determine if asbestos is present in any suspect asbestos containing material that will be present in the construction or work area. This survey report addresses accessible materials. It is recommended that prior to renovation activities; inaccessible areas that could contain asbestos materials are inspected. Notification and Posting Requirements Regulatory agencies feel that the building owner or manager should be responsible for knowing and communicating the locations of asbestos in their buildings to building employees, outside contractors and tenants to prevent exposure to asbestos. OSHA requires building employees, outside contractors, vendors and construction contractors bidding on or performing work in buildings be provided with notification regarding asbestos containing materials in their work areas. OSHA also requires that asbestos warning signs be posted in mechanical rooms. Removal Requirements Under EPA regulations, asbestos containing materials must be properly removed by licensed asbestos abatement contractors prior to renovation or demolition activities that would disturb friable materials or cause non-friable materials to become friable and a regulated material. Repair of Damaged Materials and Cleanup of Debris OSHA requires that asbestos containing debris be immediately cleaned up. It is recommended that damaged materials that may release fibers be repaired as soon as possible to prevent fiber release and potential exposures. Training Requirements OSHA requires employers whose employees are likely to or required to disturb asbestos to receive an asbestos training course. Refresher training is required to be provided annually. VH S4J IN N if Part 602, the OSHA Asbasios Stendards Gonelraction [28 CFR 1826.1101(k}(20)) sbestos inspaction requires thst thorough o mast be conducted of aff pre-1881 bulding facilitias. This survey must identify the presence, Jocaton, and oT asbesios- sequirernal 4 @ conkactor demoishes or renovates 6 billiding ecenfalning ACM, whol does MIOSHA require? To minimize obtigations under MIOSHA, femoval of ACM pier fo initatng demotion renovation activifias are pola regulated by Part 602, Act 135 and Act 440, Please nota, a contractor must comply with Part 602 regardless of the amount of ACM being ramoved or disturbed. tn atidition, Cie following requirements must be In place prior ta the diaturbance of AGM: AROOLENEZ-ENE + MUD ODDLTOR-A1S sanerepegy ih me) "2 2008709 Ot Coage oy Suntory WURS UeCPEY OTA OTS quesB Og BU] bOQSY Lins UTES} flue Aayeg LOFONATS Ie) sHURREONIOL MABE AY amy ND 611 [DDUOD OFO9;4 "VORMUTIOW) |OUDPPD 204 puael PROPOR VEY OP Sitds, eoamptakd pOEHPCyecIS stgetgoerT| = sped cosas pun STENCH sega peTUNCL Weupts Pee RENO T AAR IOD PUTER RAVE OPTED AOR ORNS SCEIORUE WE Oh FPO IRIOY peemcn BURA pres eomces avery peg (rE Buyogny eg vupoR taal SONIC EY ~WHEECNY BALL *SaTAypIE OLEQHYSID 10 VO[EAOUDI *aUeUG]UpaF Bounp Widy'0) pennies 9q Asrul ymin goueLietyeur [EIMOIENS pur suede *sapApjdusy WOeiNsUL BAK JeDLIOOE PIO pus sOOD aly BOUEAOT 1/em suoryinsvidie. 2690 won ey aU) uO-Aeads 619 Bute reGupmand 2ooy van eysy ed}d 0) PETRA OU ON 119 Bpnpul RoNeCEE URIUCD BNA SERENA by MONpOT UALS ONG SORIOdCUS PURTESEU FORGES Pus >prepusyy bay Supe eUveT Gude O78) SY jpeeaneseg Aueumpd aaesk OO} 1a Gig sana T|INpALS 1UEIORED NOO'E UIA GUI LY PASM PE Ty SOOTY Roy BuyupupS-ropegry spadde muoduiis o10joq suneodire 781] way a7B2K as 9p ke Sun ae sOWTRTUOS pus s/EOK DEO) S$ wey Saye poped Aauazeye eney AREDIA Ue Sindy RDISOQED JO VORA ANE AmePOUA doyenap jou op saseeED Opel, YA ued peRIRUDDGE 20 Tanne Whother tho fecillly contsins Cinss | or Class Jt ACM, Gemulliion and/or renovelion Invelving ACM removal requires 9 40-hour trainsd compatent person, Accreditation In acoordianca wilh Act 440 in niso required for Class | and flable Clans Ul projects. There Is ane exception to bis competerd person irainingsequeement Involving flooring tet fs removed Inlec!_ctlizing the ecompilant work practices specified in Pant 602 for these materials: 12 hours compatent person training ls sequired. Demolition endfor renovation involving the camovat of Class I materials and Class 8 projects tat are friable; thal ase non-intact Inturfor projects oran intanior project without a nagetive exposure Bssesament requires 32- hour felned end accredited workers (f hiabis). Removal ofobn-fisbielnteci Ciass Il matesiais require workers be trained 8 or mora hours deperniing on number of Class Ih matectale involved. AY projects involving tha remaval of dishihence of ACH mus! addmss estabSehment of reguisted #ren. Contractors mustelso address the need tor engineering controls, a montieting, protecton, persone) esolecive equipment, decors! supervisor training, and potendady tHeny of these spacth if the AGM delng removed by a contector 1s or will become friable during any past of fhe demofition or renovation ther: s Eeensed sabasios abatement contractor of liconeed exempt beds group #3 cpetified In Michigan Puntic Aci 135 of 1885, ax amended, the Asbestor Abstamant Contrector Licensing Aci, musi be ufized ta perform work actives The Scensed says oy Jo Bun] oy so sues &) BUOYoY;OSON pes vorurs Suny (shun sit yO Byprpos sro ) srrayseqiy sseseerp peicjel-atenger Syiveds SIA ONS VED WEdY SH-OPsOu SRay) PIC YL! J} quewuagaue Bing et] BIEUAWETVOD IMR Ue SLAY Jo poumd Buol oy SuUOgHE UrutEs 0) LueIA RUEIT Sueqy ssOUs JO Bdays Ue ext Oy) ersucsouye Or) AU] PETE? BOUQ SHOP IOID pus aysoulry eRDOTAnID 18 Gjeseiqus Seep JO LsOUILIOD TSO BY BOL #1 ~PPBBY TIFOOSOM An CPU) OEESs LED CIN SUB L]W) Gugunane fgeirqey po drop posure vers) PO}S0QF0 sojwaty jo punsiBys09 omyrao, 40K PUP PUTO} SuCnDvED gnoudiivEep Pus SAnLAAPegns ENOPIERAY pue Koams ou jo oe AGrunt ous Gupanpuo> Uossed Oth 1 BUT BY} Ce LYONS vaNeosojUy epnpy) peyt pods sui ao! wig Jo empeIOUIDS big inun expe sles oy] is Kans Buuweusiue ang JO YOU. URyLM w B] CET Tey; su fa) ankophun Ur jo hoses on Gugaaye Wounds pue suoRDLI si10 Avy gel) sBurpang way Cures eopues Aigan Oty. (HI) vonyowep ou 9 paneys eq ae amnonnszuacetpe Aue mans (i m00y PUR agen Joos wogepunny Oy JO UopinuTD Bag (0 LOUILLEEIOR } LORIOLUSD La G{qDEDPePROUA wowed nemodine & fq papApyoo wi EHUD BUS quNaTUAT ou) pO ASAIN Suponitius vy (2) tauop mid Guysogo) i 30 He 72uy SareaLD Rays SeOPTLNS oe LORATEO UoRHOWED w sO UES a1 atyeg (1) LEOE OU AOeg pep 3) Panponyr spy Super voyouO py spzedy say)AfieD UoTHiowaDp seynjnSes Os OT BOE PUNPUDTS UOTBOUEG S,YHSOIW Wom {1 #8B)D ORI LO PALLTGO araey $0U El) YSN Ue Gia 20 peuoped Bulag &) {VO |} CFE AUP NOY 20 | SLID Bio BOrE exompi Laces (plumbers, plecticlan, mechanical contactors, sosidenial budding, and meiniansnce etteration sre Umited fo projects that afte intidanial fo thal primery Boansed trade thal do not exceed 260 Ines fast or 160 equare foo! of fabio ACM. Roganiing project notifications, Feansed eabestos ahelemeni contatciona must notify the Department of Lloensing and Reguiatory Affairs Asbestos Progrem of all projatts exceading 16 fnasr feet or 4% square feat of Gtabta materials at beast 10 daye pefore beginning (he project. Exempt licensed trodes mist aiso notify before beginning thase projects. What should comptiance offer san when ennrueting aninspecfions!o demoiiionand/ or renovation site? Restricted reves { the site L5., reguisied ares). Wal methods (i.9., a water hose epmayny water on the bullding debris), Labeled, ined dumpsters for ACM wastes oAmeans of pestonal decontamington {Le., btewret or drop cloth and HEPA vecusm- whatever spies) for employees untesa onty Cleta 0) or 11 ACM f6 involved and an NEA ts obisined, Demesfion andior renovation workers wearing respirators and personal protediva clothing uniess Bis inined Cteso or Mhwork and en WEANES Doon ol Wheishoutd a compliance oficerpeisee when conducting aninpection ato demolition and/ orrenovetian Het An iaveguiaied demolition ste with unsuthorized persons on the sila A concrals crusher @ there & floor tie remeining on the concret# lab. + Persons withou! rasprators within the regulated i sueluegnbex ,VHSOIW Frvayroxonien,hvteaghfroriiera wy. Gf act i * aims Sa ety quswebey 4 yiHrOlye Reed tacks sence ka el SEE wesSolg Solsagsy - uanessiutwpy YNneaH @ 41BjeS levonednazg veblydip_ Auunpioddo 2wovesg pue soqge7 jo Juaswizedsg unfiynpy fo 3301S , Pei p pHee 10L & pies ouFupsssy Joysadsuy sojseqsy 990291 gupdpsp snoge a1 Ul PIPPRIGB 9g 0} Pry }OURICD SsEDUEFEGNG Spey 31 1D BOT UOTE Jo SwWEUNDeL 0 papwes9 40 Fru AIUOTPEISHS SPH EPEAT ONL 796 LiS0/90-800 PZOZIOEN essoLly sed uonesd fey _ J2quINN UoneNpsLIIy ~ 74> > ore6p wi euopaie9 yay yy: SHS PRON piayAeH E99 fy UaMmo "7 paeysa 7 We . aa . + 2.5 losimadngpojoeston so}seqsy 5019 1 you st pave uo ppausoy m7 a80t por Bs eONoy Lo cnsaramrbas 24 PaRasake JO Fo APOPEPS AES SPU ENA) SAL 7961/90/90 -Od acAciBE eS. cesoly ved uousidi tae > saquiny UoReypas2y ne yo. nae y foe OL EGP IN BtuopayeD , 4 JS PROY PjeyAeH ZE9G i. evel, : UIMO 7 pleysy Didi ei 7 e (EsL ERS Support Specialist Mailing Center 530 W Willow Street, PO Box 30162 Lansing, MI 48937-001 October 31, 2023 KENT COUNTY PARKS DEPARTMENT 300 MONROE AVE NW GRAND RAPIDS, MI 49503-2206 Notification #1065552423 RE: CONSUMERS ENERGY DISCONNECTION OF ELECTRIC SERVICE Dear Valued Customer: This is to notify you that Consumers Energy has disconnected the ELECTRIC SERVICE for 4073 SEGWUN AVE SE, in LOWELL, Michigan. In the interests of safety, the applicant agrees to make a final inspection of the building and if not satisfied that ELECTRIC SERVICE are disconnected, will call Consumers Energy. A company representative will respond as soon as practical to resolve the problem. If you need any further information or assistance, please feel free to call me at 844-316- 9537. Rachel A Martinez Consumers Energy Representative REMEMBER: Please contact MISS DIG at 1-800-482-7171, 72 hours prior to digging. (Wellogic) DEMOLITION SERVICES AGREEMENT This agreement is entered into by and between the County of Kent, 300 Monroe Avenue NW, Grand Rapids, Michigan 49503 (hereinafter referred to as County) and VENDOR (hereinafter referred to as Vendor) located at ADDRESS. Recitals WHEREAS, County requires demolition of building and all other structures located at 4073 Segwun Ave SE, Lowell, Michigan 49331 (hereinafter the Worksite). WHEREAS, Vendor has the capability to break down and remove structure in accordance with generally accepted demolition practices and procedures. THEREFORE, the terms and conditions of the parties agreement are as follows: Section 2: Vendors Duties 2.1 Vendor shall provide all necessary labor, materials, and equipment to demolish structure and remove the structure from County property on the Worksite in accordance with generally accepted demolition practices and procedures (hereinafter the Work) 2.2 Vendor shall be responsible for obtaining all necessary demolition permits or approvals from appropriate sources. Vendor shall provide County with copies of all such permits and approvals. 2.3 While performing demolition and removal Work in accordance with this Agreement, Vendor shall not engage in any action that constitutes a violation of any law, order, ordinance, rule, regulation or code of any government authority that may cause injury to persons, nor shall Vendor in any manner deface or injure County property not subject to demolition, or permit any unreasonably objectionable noise or odor to be emitted, or permit anything to be done on Countys property tending to create a health, environmental, or safety hazard or nuisance, any penalty to County, or forfeiture of Countys title to property. 2.4 No hazardous materials, as that term is defined by federal, state or local environmental laws, rules or regulations, shall be handled upon, about, above or beneath any portion of Countys property by or on behalf of Vendor without the prior written consent of County. Notwithstanding the foregoing, normal quantities of those hazardous materials customarily used in the conduct of demolition and removal work, including removal and disposal of Universal Waste as it is defined in 40 CFR 273, may be handled on the Worksite without Countys prior written consent; such materials shall be handled at all times in compliance with all applicable environmental laws. 2.5 Vendor and all pertinent subcontractors must comply with all applicable laws, rules or regulations for asbestos removal and abatement including, but not limited to, Environment, Great Lakes, and Energy (EGLE), Air Quality Division (AQD) of the Department of Environmental Quality (DEQ), National Emission Standards for Hazardous Air Pollutants (NESHAP) program for asbestos, MIOSHA Asbestos Program for worker safety, Asbestos Abatement Contractors Licensing Act, Asbestos Workers Accreditation Act, Environmental Protection Agencys (EPAs) Asbestos Hazard Emergency Response Act (AHERA). bmpitche Sticky Note Addendum 1 2.6 Notwithstanding the obligation of Vendor to indemnify County pursuant to this Agreement, Vendor shall, at its sole cost and expense, promptly take all actions required by any federal, state or local governmental agency or political subdivision, or necessary for County to make full use of any portion of the property, which requirements or necessity arise from the handling of hazardous materials by Vendor, or another on its behalf, upon, about, above or beneath any portion of the Worksite. Vendor shall not be obligated under this subsection for any condition existing at the commencement of this Agreement, notice of which shall be given to Vendor upon commencement of this Agreement. 2.7 Vendor shall protect and preserve existing utilities indicated or made known to it by County and shall provide for disconnects of same as necessary. Vendor shall preserve all Worksite utilities, water distribution systems, and wastewater collection systems at their respective service connections. Vendor shall be responsible for all costs associated with capping of any existing water wells and removal of septic systems in accordance with laws and regulations. 2.8 Vendor shall be responsible for all costs associated with removing all waste materials, rubbish, and equipment upon completion of the demolition, and shall dispose of all waste materials and rubbish in a licensed landfill at vendors expense. Vendor shall regularly remove debris and waste materials at the Worksite resulting from the Work. Vendor shall minimize and confine dust and debris resulting from demolition activities. 2.9 Vendor shall operate, maintain, and leave the demolition Worksite in a generally orderly condition. 2.10 Vendor shall have overall responsibility for safety precautions and programs in the performance of the Work, except that Vendor subcontractors shall also be responsible for the safety of persons or property in the performance of their work, and for compliance with the provisions of laws. Vendor shall prevent against injury, loss, or damage to persons or property by taking reasonable steps to protect its employees and other persons at the Worksite; materials and equipment stored at on-site or off-site locations for use in the Work; and property located at the Worksite and adjacent to Work areas, whether or not the property is part of the Work. 2.11 Vendor shall erect and maintain all reasonable or necessary safeguards for protection of persons and property, including safety barriers to and warnings of dangers and hazards, which safeguards and notices shall remain in place until completion of the Work in accordance with this Agreement. Section 3: Payment 3.1 As full compensation for performance by Vendor of the Work, County shall pay Vendor the lump sum price of PRICE dollars ($00.00). 3.2 Before payment is due under Section 3.1, Vendor shall submit an affidavit to the County certifying that all subcontractors, suppliers and/or laborers have completed all work required pursuant to this Agreement and all subcontractors, suppliers and/or laborers have been paid in full. 3.3 Vendor shall maintain books, records, computer records, documents and other evidence relating to performance of the work under this Agreement in accordance with generally accepted accounting and auditing principles and practices. Vendor shall also maintain the financial information and data used by it in the preparation or support of any cost submission. County or its authorized representatives shall have access, upon reasonable notice, to such books, records, documents, and other evidence for the purpose of inspection, audit and copying. Vendor shall provide proper facilities for such access and inspection. Vendor shall maintain all records related to this Agreement for a minimum of five (5) years after this Agreement has been terminated, or for any additional period of time as provided by law. Section 4: Time 4.1 The Date of Commencement is the date upon which it is last signed by the parties. 4.2 Vendor shall achieve Final Completion on or before April 15, 2024. Time is of the essence with regard to the obligations of the Agreement. 4.3 This agreement may be terminated without cause by the County upon twenty-four (24) hours written notice to the Vendor. 4.4 Should a party commit any breach or default under this Agreement, and should such breach or default not be corrected within five (5) days after receipt by the party or written notice from the non-breaching party specifying the breach or default, this Agreement may be terminated without further notice by the non-breaching party. 4.5 This Agreement may be extended for an additional period of time upon the written agreement of both parties. Section 5: Relationship of Parties 5.1 The parties agree that Vendor is an independent contractor for the purposes of this Agreement. County is interested only in the results to be achieved by Vendor. Vendors performance of services and hours worked shall be entirely within Vendors control, and County shall rely upon Vendor to devote the time reasonably necessary to perform in accordance with this Agreement. However, Vendor shall generally perform the Work in accordance with currently accepted methods and procedures for demolition and removal. 5.2 Vendor shall not be considered an agent or employee of County for any purpose and neither Vendor nor its employees are entitled to any of the benefits that County provides for its employees. Vendor shall not be subject to or covered by any of Countys employee handbooks, collective bargaining agreements, or other personnel policies. 5.3 County shall not be responsible for covering Vendor under any workers compensation insurance or unemployment compensation insurance plans. 5.4 Vendor shall have no authority or right to obligate County in any way. Vendor shall identify itself as an independent contractor and shall not hold itself out as an employee or agent of County. 5.5 County does not agree to use Vendor exclusively, and the parties agree that they are free to enter into contracts for similar or other services with other parties during the term of this Agreement. Section 6: Subcontracts 6.1 Any subcontractors and outside associates or consultants required by Vendor in connection with services covered by this Agreement shall be limited to individuals or firms specifically authorized in writing by County. Any substitutions in or additions to subcontractors, associates or consultants shall be subject to the prior written approval of County. Vendor shall bind all subcontractors to the provisions of this Agreement, and said subcontractors are directly responsible to Vendor. Section 7: Officials Not to Benefit 7.1 No member of the Kent County Board of Commissioners or any other municipal official, except as otherwise provided for in accordance with this Agreement, shall be admitted to any share or part of this Agreement or to any benefit that may arise therefrom. Section 8: Vendors Right to Perform Services 8.1 Vendor represents and warrants that the performance of the services herein and other duties and obligations of Vendor set forth in this Agreement are not in violation of any other agreement to which Vendor is a party or by which Vendor is bound. Vendor agrees to indemnify and hold County harmless from and against any liability arising out of a breach or claimed breach of this warranty. Section 9: Confidentiality 9.1 All information that is identified as confidential or proprietary information and is submitted by County to Vendor in connection with services performed by Vendor under this Agreement shall be kept confidential by Vendor. If such data is publicly available, is already in Vendors possession or known to it, or is rightfully obtained by Vendor from third parties, Vendor shall bear no responsibility of its disclosure, inadvertent or otherwise. Section 10: Governmental Immunity 10.1 County does not waive its governmental immunity by entering into this Agreement, and fully retains all immunities and defenses provided by law with respect to any action based upon or occurring as a result of this Agreement. Section 11: Indemnification 11.1 To the fullest extent permitted by law, Vendor shall indemnify and hold harmless County, County's officers, directors, members, consultants, agents, and employees and Others (the Indemnitees) from all claims for bodily injury and property damage, other than to the Work itself and other property insured, including reasonable attorneys' fees, costs and expenses, that may arise from the performance of the Work, but only to the extent caused by the negligent or intentionally wrongful acts or omissions of Vendor, Subcontractors, Suppliers, Subsubcontractors, or anyone employed directly or indirectly by any of them or by anyone for whose acts any of them may be liable. Vendor shall be entitled to reimbursement of any defense costs paid above Vendor's percentage of liability for the underlying claim. 11.2 To the fullest extent permitted by law, County shall indemnify and hold harmless Vendor, its officers, directors, members, consultants, agents, and employees, Subcontractors, Suppliers, or anyone employed directly or indirectly by any of them or anyone for whose acts any of them may be liable from all claims for bodily injury and property damage, other than property insured, including reasonable attorneys' fees, costs, and expenses, that may arise from the performance of work by County but only to the extent caused by the negligent or intentionally wrongful acts or omissions of County. County shall be entitled to reimbursement of any defense costs paid above County's percentage of liability for the underlying claim. 11.3 In any and all claims against the Indemnitees by any employee of Vendor, anyone directly or indirectly employed by Vendor or anyone for whose acts Vendor may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Vendor under workers' compensation acts, disability benefit acts, or other employment benefit acts. Section 12: Insurance 12.1 Before starting the Work and as a condition precedent to payment, Vendor shall procure and maintain in force throughout the term of this Agreement Workers' Compensation Insurance, Employers' Liability Insurance in accordance with Laws where the Work is being performed, Business Automobile Liability Insurance, and Commercial General Liability Insurance (CGL), each issued on a yearly basis. The CGL policy shall include coverage for liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, contractual liability, and broad form property damage. Vendor shall maintain completed operations liability insurance for one year after Substantial Completion, or as required by this Agreement, whichever is longer. Vendor's yearly Employers' Liability, Business Automobile Liability, and CGL policies, shall each be written with at least the following limits of liability for each yearly policy period: Employers' Liability Insurance (a) $1,000,000.00 bodily injury by accident per accident. (b) $1,000,000.00 bodily injury by disease policy limit. (c) $1,000,000.00 bodily injury by disease per employee. Business Automobile Liability Insurance $1,000,000.00 per accident. Commercial General Liability Insurance (a) $1,000,000.00 per occurrence. (b) $2,000,000.00 general aggregate. (c) $2,000,000.00 products/completed operations aggregate. (d) $1,000,000.00 personal and advertising injury limit. 12.2 Employers' Liability, Business Automobile Liability, and CGL coverage required may be provided by a single policy for the full limits required or by a combination of underlying primary policies with the balance provided by excess or umbrella liability policies. 12.3 Vendor shall maintain in effect all insurance coverage required with insurance companies lawfully authorized to do business in the jurisdiction in which the Structure is located. If Vendor fails to obtain or maintain any insurance coverage required under this Agreement, County may purchase such coverage and charge the expense to Vendor or terminate this Agreement. 12.4 To the extent commercially available to Vendor from its current insurance company, insurance policies required shall contain a provision that the insurance company or its designee must give County written notice transmitted in paper or electronic format: (a) 30 Days before coverage is nonrenewed by the insurance company and (b) within 10 Business Days after cancelation of coverage by the insurance company. Before commencing the Work and upon renewal or replacement of the insurance policies, Vendor shall furnish County with certificates of insurance until one year after Substantial Completion or longer if required by this Agreement. Vendor shall also furnish County with full copies of any insurance policies required by this Agreement upon Countys request, allowing for redaction of premium and other confidential information. In addition, if any insurance policy required is not to be immediately replaced without lapse in coverage when it expires, exhausts its limits, or is to be cancelled, Vendor shall give County prompt written notice upon actual or constructive knowledge of such condition. 12.5 The Parties each waive all rights against each other and their respective employees, agents, contractors, subcontractors, suppliers, sub subcontractors for damages caused by risks covered by the property insurance except such rights as they may have to the proceeds of the insurance. 12.6 To the extent of the limits of Vendor's CGL specified or Two Million dollars ($2,000,000.00), whichever is more, Vendor shall indemnify and hold harmless County against any and all liability, claims, demands, damages, losses, and expenses, including attorneys' fees, in connection with or arising out of any damage or alleged damage to any of County's existing adjacent property that may arise from the performance of the Work, to the extent caused by the negligent or intentionally wrongful acts or omissions of Vendor, Subcontractor, Supplier, Sub subcontractor, or anyone employed directly or indirectly by any of them or by anyone for whose acts any of them may be liable. 12.7 Vendor is required to maintain pollution liability insurance in the following amounts: One Million dollars ($1,000,000.00) per occurrence and shall apply for three (3) year(s) after completion. The policy shall cover Vendors liability during demolition, removal, storage, encapsulation, transport, and disposal of hazardous waste and contaminated soil, and asbestos abatement. The policy shall include coverage for on-site and off-site bodily injury and loss of damage to, or loss of use of property, directly or indirectly arising out of the discharge, dispersal, release, or escape of smoke, vapors, soot, fumes, acids, alkalis, toxic chemicals, liquids or gas, waste materials, or other irritants, contaminants, or pollutants into or upon the land, the atmosphere or any water body, whether it be gradual or sudden and accidental. The policy shall not have exclusions for mold or asbestos. 12.8 County shall be named as an additional insured on all Vendor's liability insurance as required to the extent caused by the negligent acts or omissions of Vendor, or those acting on Vendors behalf, in the performance of Vendors Work for County at the Worksite. The insurance (both primary and excess) of the Vendor and its Subcontractors shall be primary and non-contributory to any insurance available to the Additional Insureds. 12.9 Performance and Payments bonds are required. Such bonds shall be issued by a surety admitted in Michigan and must be acceptable to County. County's acceptance shall not be withheld without reasonable cause. The penal sum of the bonds shall each be one hundred percent (100%) of the lump sum Agreement price. Vendor shall endeavor to keep its surety advised of changes potentially impacting the contract time and contract price, though Vendor shall require that its surety waives any requirement to be notified of any alteration or extension of time. Section 13: Compliance with Civil Rights Laws 13.1 Vendor shall not discriminate against any employee or applicant for employment with respect to hire, tenure, terms, conditions or privileges of employment, because or race, color, religion, national origin, age, sex, height, weight, marital status, or disability unrelated to the individuals ability to perform the duties of a particular job or position. Breach of this Section by Vendor within the State of Michigan shall constitute a material breach of this Agreement, and County shall be entitled to terminate this Agreement. Pursuant to MCLA 423.321 et seq., which prohibits County from entering into contracts with certain employers who engage in unfair labor practices, this Agreement may be terminated if Vendor, or one or more of its subcontractors or suppliers, appears in the register compiled in accordance with MCLA423.322. Vendor shall observe and comply with all applicable federal, state and local laws, ordinances, rules and regulations, which shall be deemed to include, but not limited to, the Elliott-Larsen Civil Rights Act and the Persons with Disabilities Civil Rights Act. Section 14: Notice 14.1 All notices, demands or other writings permitted or required by the terms of this Agreement shall be deemed to have been fully given, made or sent when made in writing and deposited in the United States Mail, registered and postage prepaid, and addressed to the Agreement Administrators as follows: County: Kent County Purchasing Division Attention: Purchasing Manager 300 Monroe Avenue NW Grand Rapids, Michigan 49503 Vendor: NAME Attention: ADDRESS The address to which any notice, demand or other writing may be given or sent to any party may be changed by written notice given to the other party. Section 15: Entire Agreement 15.1 This Agreement, together with any affixed schedules, exhibits or addenda referred to herein, shall constitute the entire agreement between the parties. Any prior understanding, representation or negotiation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. Exhibit A: Kent County Bid 5470 Exhibit B: Vendor Response to Bid 5470 Section 16: Attorney Review 16.1 The parties represent that they have carefully read this Agreement and have had the opportunity to review it with an attorney. The parties affirmatively state that they understand the contents of this Agreement and sign it as their free act and deed. Section 17: Modification 17.1 Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in a writing signed by each party or its authorized representative. Section 18: Partial Invalidity 18.1 The partial invalidity of any portion of this Agreement shall not be deemed to affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be in full force and effect as if they had been executed by both parties subsequent to the expunction of the invalid provision. Section 19: Absence of Waiver 19.1 The failure of either party to insist on the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of such terms and conditions, shall not be construed as thereafter waiving such terms and conditions, which shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. Section 20: Assignment 20.1 The rights and obligations of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation or other entity without the prior written consent of the other party. In the event of a proper assignment, this Agreement shall be binding upon and inure to the benefit of the parties successors and assigns. Section 21: No Third-Party Benefit 21.1 The provisions of this Agreement are for the benefit of the parties hereto, and not for the benefit of any other person or legal entity. Section 22: Consent to Personal Jurisdiction 22.1 Vendor acknowledges that this Agreement shall be deemed to have been executed in the State of Michigan and hereby consents to the exercise of general personal jurisdiction over it by the appropriate courts in the State of Michigan. Any action on a controversy that arises under this Agreement shall be brought in the State of Michigan, which Vendor agrees is a reasonably convenient place for trial of the action. Vendor agrees that its consent in accordance with this Section is not obtained by misrepresentation, duress, the abuse of economic power, or other unconscionable means. In witness whereof, each party to this Agreement has caused it to be executed on the date(s) indicated below. This agreement is effective upon the execution of the final signature required by this Agreement. County of Kent By: _____________________________________ Calvin Brinks Purchasing Manager Date: _____________________________________ VENDOR By: _____________________________________ Name Title Date: _____________________________________