HomeMy WebLinkAbout1995 12-11 EDAP Regular Session CITY COUNCIL AGENDA -3- December 11, 1995
8. Adjournment
U pin
EDA AGENDA
CITY OF BROOKLYN CENTER
DECEMBER 11, 1995
(following adjournment of City Council meeting)
1. Call to Order 6 1 b
Vfn
2. Roll Call ,b-5
3. Approval of Agenda and Consent Agenda C
-The following items are considered to be routine by the Economic Development
Authority and will be enacted by one motion. There will be no separate discussion
of these items unless a Commissioner so requests, in which event the item will be
removed from the consent agenda and considered at the end of Commission
Consideration Items. � �.� C` b ,
a. Approval of Minutes:
Commissioners not present at meetings will be recorded as abstaining from the
vote on the minutes.
1. October 23, 1995 - Regular Session
b. Resolution Approving Plans and Specifications and Authorizing Advertisement
for Bids for EDA Asbestos Abatement Project at 6550 West River Road
(Premier Mechanical Building)
Resolution Approving Preliminary Development Agreement by and Between
"i the Brooklyn Center Economic Development Authority and Dave Nelson
4. Commission Consideration Items
a. Heritage Center Report 7 C.alrn
5. Adjournment `' �-�'�! Z ! t L —u-i
C_� s
Council Meeting Date December 11, 1995
3 City of Brooklyn Center Agm& Item Number 3 Ql
Request For Council Consideration
i Item Description:
EDA Minutes - October 23, 1995 - Regular Session
Department Approval:
J 4��
G. Brad Hoffman, Director of Community Development
/
er
Mana g 's Review Recommendation:
No comments to supplement this report Comments below /attached
Recommended City Council Action:
Summary Explanation: (supporting documentation attached Yes )
• 1. October 23, 1995 - Regular Session
Barb Kalligher was absent from the meeting and the minutes will reflect her abstention on
these minutes.
•
MINUTES OF THE PROCEEDINGS OF THE ECONOMIC DEVELOPMENT
AUTHORITY OF THE CITY OF BROOKLYN
CENTER IN THE COUNTY OF HENNEPIN AND THE STATE
OF MINNESOTA
REGULAR SESSION
OCTOBER 23, 1995
CITY HALL
CALL TO ORDER
The Brooklyn Center Economic Development Authority (EDA) met in regular session and was
called to order by President Myrna Kragness at 8:05 p.m.
ROLL CALL
President Myrna Kragness, Commissioners Kathleen Carmody, Debra Hilstrom, and Kristen
Mann. Also present were Interim City Manager Cam Andre, Director of Public Services Diane
Spector, City Attorney Charlie LeFevere, Community Development Specialist Tom Bublitz, and
Council Secretary Connie Beckman.
Commissioner Barb Kalligher was absent.
APPROVAL OF AGENDA AND CONSENT AGENDA
• A motion by Commissioner Mann and seconded by Commissioner Carmody to approve the
October 23, 1995, agenda and consent agenda with the addition of Item 4(b) Discussion of EDA
Officers passed unanimously.
APPROVAL OF MINUTES
A motion by Commissioner Mann and seconded by Commissioner Carmody to approve minutes
of the October 10 1995, R Regular Session passed unanimously.
eg ar Se p y
EDA CONSIDERATION ITEMS
PUBLIC HEARING REGARDING THE SALE OF THE SINGLE - FAMILY PROPERTY
LOCATED AT 6601 BRYANT AVENUE NORTH FOR REDEVELOPMENT
A motion by Commissioner Carmody and seconded by Commissioner Hilstrom to open the
hearing at 8:09 p.m. passed unanimously.
No public comments were made.
A motion by Commissioner Carmody and seconded by Commissioner Hilstrom to close the
hearing at 8:10 p.m. passed unanimously.
• 10/23/95 -1-
RESOLUTION NO. 95 -32
Commissioner Kristen Mann introduced the following resolution and moved its adoption:
RESOLUTION AUTHORIZING PRESIDENT AND EXECUTIVE DIRECTOR TO EXECUTE
PURCHASE AGREEMENT FOR THE SALE OF THE EDA -OWNED PROPERTY LOCATED
AT 6601 BRYANT AVENUE NORTH
The motion for the adoption of the foregoing resolution was duly seconded by Commissioner
Kathleen Carmody and passed unanimously.
DISCUSSION OF EDA OFFICERS
Commissioner Mann requested clarification of her position on the EDA. It was clarified by
President Kragness that Commissioner Mann is the Mayor Pro -tem.
ADJOURNMENT
A motion by Commissioner Mann and seconded by Commissioner Carmody to adjourn the
meeting at 8:12 p.m. passed unanimously.
President •
Recorded and transcribed by:
Connie Beckman
Timesaver Off Site Secretarial
10/23/95 -2-
Council Meeting Date 12/11/95
City of Brooklyn Center Agenda Item Number 3
Description: Item Descri P
Request For Council Consideration
•
Resolution Approving Plans and Specifications and Authorizing Advertisement for Bids for EDA
Asbestos Abatement Project at 6550 West River Road (Premier Mechanical Building)
Department Approval:
Tom bublitz, Community Development eci ts
Manager's Review /Recommendation: ,
No comments to supplement this report Comments below /attached
Recommendation:
Staff recommends approval of Resolution Approving Plans and Specifications and Authorizing
Advertisement for Bids for EDA Asbestos Abatement Project at 6550 West River Road (Premier
Mechanical Building).
Summary Explanation: (supporting documentation attached Yes )
The EDA -owned property at 6550 West River Road (Premier Mechanical building) has now been
vacated and demolition of the building can proceed. Prior to demolition, however, asbestos - containing
material in the building must be removed.
An asbestos survey has been completed on the building, and asbestos was found in the ceiling material
inside the building and the flashing on the roof. The roof flashing represents a relatively small amount
of asbestos around the roof perimeter of the building. No asbestos was found on the main part or
"fields" of the roof.
The asbestos must be abated in accordance with the federal Asbestos Hazard Emergency Response Act
( AHERA) requirements which are regulated by the Environmental Protection Agency (EPA), Minnesota
Pollution Control Agency (MPCA), and Minnesota Department of Health DOH in Minnesota.
P (DOH)
As required by the AHERA, the abatement project must be designed, managed and monitored by
individuals certified under the AHERA requirements. Quotations were received from two firms for the
design, project management and air monitoring for the abatement. The quotations received were $3,994
from Environmental Process, Inc. (EPI), and $5,580 from Maxim Technologies, Inc. Since the contract
• is under $5,000, staff has executed a contract with EPI. As you may recall, EPI did the project design,
management and air monitoring for the asbestos abatement for the 18 -unit apartment building on Willow
Lane in 1994. EPI did a very thorough job on the 18 -unit building and staff believes they will perform
equally well on this project.
Request For Council Consideration Page 2
A copy of the advertisement for bids and specifications is included with this council request form, and
• includes the dates for bid opening and bid award. The established time for completion of the abatement
is approximately two to three weeks after the start date of the project.
•
P R E L N-A.
PROJECT MANUAL
PREMIER MECHANICAL BUILDING
i
ASBESTOS ABATEMENT
PREPARED FOR
ECONOMIC DEVELOPMENT AUTHORITY
IN AND FOR THE
CITY OF BROOKLYN CENTER
6301 SHINGLE CREEK PARKWAY
BROOKLYN CENTER, MINNESOTA 55430
EPI #95 -850
SET #
ENVIRONMENTAL PROCESS, INC.
1220 GLENWOOD AVENUE
MINNEAPOLIS, MN 55405
(612) 377 -8316
DECEMBER 6, 1995
PROJECT MANUAL
PREMIER MECHANICAL BUILDING ASBESTOS ABATEMENT
ECONOMIC DEVELOPMENT AUTHORITY
CITY OF BROOKLYN CENTER
BROOKLYN CENTER, MINNESOTA
DECEMBER 1
b 995
ENVIRONMENTAL PROCESS, INC.
1220 GLENWOOD AVENUE
MINNEAPOLIS, MINNESOTA 55405
EPI #95 -580
I hereby certify that this plan, specification, or report was prepared by me or under my direct
supervision and that I am a duly certified asbestos project designer as mandated by the
Asbestos Hazard Emergency Response Act (AHERA), under the laws of the State of
Minnesota.
DATE: December 6, 1995
Mr. Michael Berreau
Vice President
Asbestos Certified Designer
Certification #D- 95030R -0626
SECTION 0010
PREMIER MECHANICAL BUILDING
ASBESTOS ABATEMENT
TABLE OF CONTENTS
DIVISION TITLE NO OF PAGES
DIVISION 0 - BIDDING CONTRACT DOCUMENTS
0001 Title Page 1
0005 Contract Documents Certification 1
0010 Table of Contents
0020 Advertisement for Bids
0025 Contractor Prebid Notice 1
0030 Instructions to Bidders 6
0035 Schedule of Drawings and Related Documents 1
0040 Proposal Form - Asbestos Abatement 2
0050 Document Incorporated by Reference 1
0080 General Conditions 1
0090 Supplementary Conditions 14
0095 Special Conditions 8
DIVISION 1 - GENERAL REQUIREMENTS
1013 Summary of Work and General Requirements - Asbestos Abatement 8
1020 Alternates 1
1028 Applications for Payment 4
1043 Project Coordination 3
1045 Cutting and Patching 4
1091 Definitions 10
1092 Regulations, Codes, Standards 4
1301 Submittals 10
1410 Quality Control - Air Sampling 4
1503 Temporary Facilities 4
1513 Pressure Differential System 7
1526 Temporary Enclosures 7
1560 Worker Protection and Safety 4
1562 Respiratory Protection 4
1563 Decontamination Units 8
1601 Materials and Equipment 4
1701 Project Closeout 5
Section 0010 - Page 1
DIVISION 2 - SITE WORK
2081 Removal of Asbestos Containing Materials
2084 Asbestos Waste Disposal
2085 Project Decontamination and Work Area Clearance
APPENDICES
Appendix A - Forms
Appendix B - Typical Asbestos Abatement Details
Appendix C - Limited Asbestos Survey
Premier Mechanical Building
END OF SECTION 0010
Section 0010 - Page 2
SECTION 0020
ADVERTISEMENT FOR BIDS
SECTION 0020
ADVERTISEMENT FOR BIDS
OFFICIAL NOTICE TO BIDDERS
ASBESTOS ABATEMENT CONTRACT
FOR
PREMIER MECHANICAL BUILDING
(6550 WEST RIVER ROAD)
CITY OF BROOKLYN CENTER, MINNESOTA
ECONOMIC DEVELOPMENT AUTHORITY
OWNER: The Economic Development Authority in and for the City of Brooklyn Center, Minnesota,
hereby gives notice that sealed proposals will be received in the office of the Deputy City Clerk, 6301
Shingle Creek Parkway, Brooklyn Center, Minnesota, for the following described Project:
Premier Mechanical Building Asbestos Abatement
The major quantities of the work are as follows:
Sheetrock and joint compound asbestos abatement with inspection and abatement as necessary for
PCB light ballast and fluorescent light tubes. The work is to be completed in the Premier Mechanical
Building located at 6550 West River Road, Brooklyn Center, Minnesota.
PREBID: A prebid meeting will be held on January 3, 1996, at 9:00 a.m. at the Brooklyn Center City
Hall Council Chambers with a tour of the project site immediately following.
TIME: Sealed bids will be received until 11:00 a.m., local time, on the 12th day of January, 1996, at
the Brooklyn Center City offices, at which time and place the Deputy City Clerk and Community
Development Director, or their designated representatives, shall publicly open, read aloud, and
tabulate the bids.
Proposals arriving after the designated time will be returned unopened.
BIDS: Sealed bids shall be addressed to the Deputy City Clerk, City of Brooklyn Center, 6301
Shingle Creek Parkway, Brooklyn Center, Minnesota 55430, and shall be endorsed with the name
and address of the Bidder and the Contract for which the bid is being submitted on the proposal forms
provided in accordance with Contract Documents, Plans and Specifications as prepared by
Environmental Process, Inc. (EPI), which are on file with EPI and may be seen at the office of EPI,
1220 Glenwood Avenue, Minneapolis, Minnesota 55405.
CONTRACT DOCUMENTS: Copies of Proposal Forms, Plans and Specifications for use by the
Contractor submitting a bid may be obtained from the office of EPI, 1200 Glenwood Avenue,
Minneapolis, Minnesota, upon payment of $100 per set. Deposit will be returned to all Contractors
who submit bona fide bids and who return complete sets in good condition within ten (10) days after
the bid date.
BID SECURITY: A cash deposit or certified check, cashier's check, or satisfactory bid bond payable
to the Economic Development Authority (EDA) for the City of Brooklyn Center is an amount of not
less than five (5) percent of the bid amount shall accompany each bid as a guarantee that if the bid
is accepted, the Bidder will execute and file the contract performance bond, labor and materials bond,
and insurance certificate(s), as required by the Contract Documents, within ten (10) calendar days
after issuance of the Notice of Award of Contract by the EDA for the City of Brooklyn Center.
Failure on the part of the Bidder to do so will result in forfeiture of the Bidder's cash deposit,
certified check, cashier's check, or bid bond to the EDA for the City of Brooklyn Center.
CONTRACT SECURITY: The Bidder to whom a contract is awarded shall be required to furnish
a performance bond and a labor and materials bond acceptable to the City of Brooklyn Center EDA
for 100% of the contract price for each of the above bonds in accordance with the requirements of
the Contract Documents.
BID REJECTION: The EDA of the City of Brooklyn Center, Minnesota, reserves the right to reject
any and all bids, waive any informalities in bidding, or to accept the bid or bids which best serve the
interest of the City of Brooklyn Center EDA.
BID WITHDRAWAL: No bids shall be withdrawn for a period of sixty (60) calendar days after the
scheduled opening of the bids without the consent of the City of Brooklyn Center Economic
Development Authority.
(Published by the authority of the Economic Development Authority in and for the City of Brooklyn
Center on the 20th day of December, 1995. Published in the Brooklyn Center Sun -Post on December
20, 1995).
END OF SECTION 0020
SECTION 0030
INSTRUCTION TO BIDDER
SECTION 0030
INSTRUCTIONS TO BIDDERS
RT1 GENERAL
RELATED DOCUMENTS
The General Conditions, Supplementary Conditions, Special Conditions, and all sections of Division 0 and Division I
apply to all sections of these specifications and are a part of the contract.
1.01 SUBMISSION REQUIREMENTS
A. PROJECT TITLE: PREMIER MECHANICAL BUILDING ASBESTOS ABATEMENT
Brooklyn Center, Minnesota
B. Proposals to be submitted to owner and consultant:
OWNE
Deputy City Clerk
City of Brooklyn Center
6301 Shingle Creek Parkway.
Brooklyn Center, Minnesota 55430
0 Proposals are due up to 11:00 a.m., Friday, January 12, 1996, at the location described in Item "B" above, at
which time all bids will be opened and read aloud.
D. If changes or erasures appear on the Bid Form Document, all such locations shall be initialed by the person
signing the Bidding Documents.
E. All spaces of the proposal must be filled in with typewriter or ink, with all amounts stated in figures and words.
In case of a difference between figures and written words, the written words shall be used.
F. Proposals shall remain in effect for sixty (60) calendar days from bid date.
2.01 PLANS AND SPECIFICATIONS
A. Construction Documents - (Project manual and plans) and other bidding documents may be examined at the
following locations:
Designer's Office: ENVIRONMENTAL PROCESS, INC.
1200 Glenwood Avenue
Minneapolis, MN 55405
B. Prime contractors may obtain plans and specifications from asbestos designer by payment of 550.00 deposit per
set. The deposit is refundable to bidders submitting bona fide bids and returning the documents in a good
condition within ten (10) days following the bid date.
Section 0030 - Page 1
3.01 BID SECURITY - BID BOND - (A 5% Bid Bond Shall be Included with the Project Bid.)
4.01 RESERVATIONS
A. Owner reserves the right to accept or reject any and all bids and to waive information therein. 0
B. The project will be bid with a base bid with one alternate bid. The owner reserves the right to award any one;
any combination; or all bid packages, whichever is in the owner's best interest.
5.01 ADDENDA
A. Modifications during time of bidding will be made only by written addenda from project designer.
B. Addenda to be acknowledged in proposal and will become part of contract documents.
C. Bidders are requested to notify project designer of any omission or discrepancies in documents.
6.01 INTERPRETATION OF DOCUMENTS
A. Submit all questions about bidding documents to project designer in writing. Discrepancies, ambiguities, and
omissions will be clarified by written addenda issued to all bidders of record and will become a part of the
contract. Project designer and owner will not be responsible for oral instructions.
B. Bidders shall submit requests in written form to ENVIRONMENTAL PROCESS, INC. (EPI) for any
interpretation or correction of any ambiguity or error herein which the contractor discovers. Any interpretation
or correction shall be issued as an addendum by the owner or EPI and shall be binding thereafter.
C. Verbal changes in work will n 1 day prior t o
g be explained at the pre -bid and addenda may be issued one O y p
proposal due date.
D. The lack of understanding as to intent, amount of work involved, or contractor lack of knowledge of the
conditions pertaining to the work, shall not relieve the contractor from performing all the work required to
complete performance of the contract.
7.01 EXAMINATION OF CONSTRUCTION DOCUMENTS AND PROJECT SITE
A. Submission of a bid indicates bidder has carefully examined all bidding documents in their entirety, inspected
project site to arrive at a clear understanding of the conditions under which work is to be done, compared
conditions at project site with project drawings and specifications. No extra compensation will be allowed to
contractor as a result of his/her failure to become acquainted with conditions which can be determined by
examining the site and documents prior to submitting a bid. Contact the following for access to the various
project:
Mr. Tom Bublitz
Economic Development Authority
City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, Minnesota 55430
Telephone: 569 -3433
Section 0030 - Page 2
i
8.01 SUBSTITUTIONS
A. Contractor shall base the price upon the materials and equipment described in the construction documents.
No substitutions shall be considered unless written change has been submitted to EPI for approval. Requests
for approval must be received two (2) days prior to time set for receipt of bids. Each such request shall include
a complete description of the proposed substitute, the name of the material or equipment for which it is to be
substituted, drawings, cuts, performance, test data, and any other data or information necessary for a complete
evaluation. If the owner approves any proposed substitution, such approval shall be set forth in an addendum.
B. Project designer reserves the right to take no action on incomplete submittals for substitutions.
9.01 COMPLETION TIME
A. Successful bidders shall agree to execute required MPCA, Minnesota Department of Health and EPA
notifications upon notification of project award.
B. Successful bidders shall agree to commence work upon receipt of written "Notice to Proceed" and to fully
complete the project within a four (4) week continuous time frame and by May 16, 1994.
C. Contractor to present work time schedule for project dates. Time and dates to be reviewed and accepted by
owner.
D. The project site could be available for work 24 hours per day, five (5) days per week if required by contractor.
However, no extra compensation shall be afforded to the contractor for overtime rates.
' 01 DEFINITIONS
The term "architect" or "engineer" shall refer to asbestos project designer.
B. The term "project designer" shall refer to ENVIRONMENTAL PROCESS, INC.
C. The term "owner" shall refer to Economic Development Authority in and for the City of Brooklyn Center.
D. The term "bidder" shall refer to qualified contractors.
E. The term "contractor" shall refer to successful bidder.
F. The term "air monitor /testing lab" shall refer to ENVIRONMENTAL PROCESS, INC.
11.01 UNIT PRICES
A. Bids shall include a list of unit prices establishing the price per unit of measurement of materials, equipment,
or services for portions of the work as described in the bidding documents. Unit prices shall be listed as
requested on the bid form.
12.01 AUTHORIZED PERSONNEL
A. List the names, addresses, and telephone numbers of those persons authorized to discuss the contents of the bid
and those persons authorized to conduct contract negotiations on behalf of the bidder.
B. Identify the primary responsibilities of each person listed.
13.0 LICENSES
A. Provide evidence that all state licensing requirements have been met.
Section 0030 - Page 3
14.0 LITIGATION, ARBITRATION, FINES, AND CITATIONS
A. Each bidder shall indicate, in writing, whether he /she is a party to any civil or criminal action involving asbestos
related work, is a party in an arbitration proceeding involving asbestos related work or has been involved i
any of the above proceedings, a summary of the circumstances shall be provided including informatio
regarding resolution and appeals. Contractor shall certify this in writing or if found to not be correctly
submitted to owner, the contract with the owner may be terminated.
15.0 INSURANCES
A. Prior to execution of an agreement, the successful bidder will be expected to provide proof of standard insurance
coverages as required in Section 00800 - Supplementary Conditions. Costs associated with these coverages shall
be reflected in the base bid and in each alternate bid. In addition, insurance coverage must be secured for
hazards related to asbestos exposure. This insurance shall be of the per occurrence type. This insurance shall
pay or defend all established claims regardless of the date on which the claim is reported and provide the same
coverage to the owner, as co- insured or through a separate policy provided at the contractor's expense. Comply
with all state requirements regarding insurance.
16.0 PERFORMANCE AND PAYMENT BOND
The Contractor shall furnish to the Owner upon execution of the contract, a payment and performance bond
for the amount of the contract sum and issued by a surety company authorized to do business in the State of
Minnesota. The bond shall be in the form specified in the General Conditions. The bond shall allow for any
additions or deductions to the contract.
17.0 PRE -BID CONFERENCE
A. Successful Abatement Contractor, Prime contractor, or his/her authorized representative must attend a pre -bio
conference on a date to be determined. `�'
18.0 LIQUIDATED DAMAGES
A. Failure to complete the building ACM removal by May 16,1994, will result in a 5500.00 per day penalty against
the contractor, plus payment of all EPI, project representative and project air monitor. All work must be
complete on or prior to 5:00 p.m. on May 16, 1994. Any penalty will be directly withdrawn from the final
contractor payment request.
B. The owner shall pay for the first PCM clearance samples for each area, but if these do not meet the acceptable
limits and have to be re -done, the contractor shall pay all costs for conducting the necessary test to past
clearances. The cost per TEM is 5500 /sample with a minimum of five samples.
19.0 POST BID INFORMATION - QUALIFICATIONS OF BIDDERS
The successful low bidder may need to submit the following bidder's qualifications statement which will include the
following:
A. To demonstrate his/her qualifications for the project, each asbestos abatement bidder must submit at award
written evidence that the bidder involved:
1. Maintains a permanent place of business.
2. Has adequate equipment to do the work properly and expeditiously.
3. A financial statement or letter of credit from a financial institution showing the bidder has financial
Section 0030 - Page 4
resources to meet all obligations stated herein.
4. A statement declaring that the abatement contractor is licensed in the State of Minnesota as required
in the Minnesota Department of Health's Asbestos Abatement Rules 7005.1613.
0 Experience - Name and location of at least three (3) asbestos abatement projects of fifty thousand dollars
($50,000.00) or greater in the last two years of which three (3) shall be school AHERA projects. Project
references shall be accompanied by the name, address, and telephone number of the purchaser of abatement
services. At least two (2) of the above type projects referenced shall have included the presence of an
independent testing firm or industrial hygienist /technician on a full -time basis.
C. Has operatibns/field superintendent with a minimum of a three (3) year satisfactory experience record with work
of this type and scope by submission of a list of references of persons who can attest to the quality of work
performed by the contractor. Additionally by submission of air monitoring data, if any, taken during and after
completion of previous projects in accordance with 29 CFR 1962.58 (e.)
D. The name(s) of the perspective superintendent/foreperson who will be assigned to the project. This person shall
be trained and knowledgeable of applicable asbestos regulations and work practices as evidenced by
participation and successful completion of the Environmental Protection Agency (EPA) - approved "Practices
and Procedures" course.
1. Resume, name, and accreditation of responsible person(s), including evidence of certification and past
project supervisory skills as an asbestos abatement supervisor for this project.
F The names of the work persons who will be assigned to the project. All workers shall be trained and
knowledgeable of applicable asbestos regulations and work practices as evidenced by participation and
successful completion of an EPA approved course.
1. One page resume, name, and accreditation of responsible people.
F. Bidders shall submit a notarized statement, signed by an officer of the company, containing the following
information:
1. A record of any citations issued by federal, state, or local regulatory agencies relating to asbestos
abatement activity. Include projects, dates, and resolutions.
2. A list of penalties incurred through non - compliance with asbestos project specifications including:
liquidated damages, overruns in scheduled time limitations and resolutions.
3. Situations in which an asbestos related contract has been terminated including: projects, dates, and
reasons for termination.
4. A listing of any asbestos related legal proceedings/claims in which the contractor (or employee
scheduled to participate in this project) has participated in or are currently involved with. Include
descriptions or role, issue, and resolution to date.
G. A statement declaring that all supervisors and workers used on the project are certified according to Minnesota
0 Department of Health's "Asbestos Abatement Rules" 7005.1614.
Section 0030 - Page 5
H. Submit a list of equipment that they have available for asbestos work. This should include negative air
machines, Type PP "C" supplied airs stems, scaffoldin g , decontamination facilities, disposable clothing, etc.
Y
I. Contractor has the ability to perform asbestos abatement activities by submitting evidence of the successful*
completion of training courses covering asbestos abatement. At a minimum, the contractor shall furnish proof
that employees have had instruction on the dangers of asbestos exposure, or respirator use, decontamination,
and OSHA regulations.
20.0 PRE - CONSTRUCTION CONFERENCE
A. Bidder agrees, if awarded the contract, to attend a pre - construction conference, on -site at a place, time, and date
to be determined by owner.
B. Possesses written standard operating procedures and employee protection plans which include specific reference
to OSHA medical monitoring and respirator training programs. In addition, the contractor must be prepared
to make available for viewing at the job site a copy of OSHA regulations at 29 CFR 1926.58 governing asbestos
controls and Environmental Protection Agency regulations at 40 CFR Part 61, Subpart M, (NESHAPS)
governing asbestos stripping work practices, and disposal of asbestos waste.
C. Subcontractor Listings - The bidder shall include a list of names of subcontractors or other persons and a
description of their role regarding completion of the contract with names, addresses, and telephone numbers.
D. The complete sequence of construction activity including dates for commencement and completion of each
element of the work and number and duration of shifts. Use Construction Schedule form followingthis section.
E. For ased projects, indicate completion and clearance of each work area in advance of the date established
P P J P
for substantial completion.
1. Allow time for testing and other procedures necessary for certification of clearance and substantial
completion.
2. Provide notation on the schedule to show how the sequence of work is affected by requirements for
phased completions to permit work by separate contractors and partial occupancy by owner prior to
substantial completion.
F. The total number of personnel assigned to the project.
G. Description of the method for transporting waste material and disposal location with copy of landfills license
for acceptance of ACM.
H. The project schedule, containment areas, HEPA locations, and specific details needed to accomplish the work.
END OF SECTION 0030
Section 0030 - Page 6
SECTION 0035
SCHEDULE OF DRAWINGS AND RELATED DOCUMENTS
PART 1 - GENERAL
RELATED DOCUMENTS
The General Conditions, the Supplementary Conditions, and all sections of Division O and Division I
apply to all sections of these specifications and are a part of the contract.
1.01 ASBESTOS MANAGEMENT - BUILDING PLAN /FORMS/DETAILS
All friable ACM shall be removed as per ACM demolition specifications.
A. PLANS - PREMIER MECHANICAL BUILDING
AA1 Location Map /Enclosure Plan Level 1
AA2 Enclosure Plan Leve12
AA3 Enclosure Plan Level 3
B. ASBESTOS SURVEY
- Asbestos Information - follows this section
1.02 APPENDICES
A. FORMS
- Minnesota Asbestos Abatement Project Notification
- Asbestos Abatement - 12 Point Plan
- Contractor Patent Submittal
- Respiratoryaraining Submittal Checklist
- Certificate of Worker's Acknowledgement
- Certification of Visual Examination
- Work Clearance
- ACM Waste Log
- ACM Transport and Disposal Manifest
- Certificate of Substantial Completion
- Minnesota Withholding Affidavit for Contractors
B. TYPICAL ASBESTOS ABATEMENT DETAILS
- Typical Decontamination Systems
- Decontamination Unit Plan
- Bag Load Out - Decontamination System
- Shower Elevation
END OF SECTION 0035
SECTION 0040
PROPOSAL FORM
SECTION 0040
PROPOSAL FORM
Submit on Contractor Letterhead)
Submit in Duplicate
Economic Development Authority
City of Brooklyn Center
6301 Shingle Creek Parkway
Y
Brooklyn Center, Minnesota 55430
Re: Premier Mechanical Building Asbestos Abatement
Ladies and Gentlemen:
The undersigned has carefully examined the project site locations, quantities, existing conditions, and the contract
documents including instructions to bidders, the proposal form, general, supplement, and special conditions, drawings,
and acknowledge receipt of Addenda # dated , and # , dated , in accordance
with the provision thereof, hereby propose to furnish all labor, material, and equipment to complete all the work in
accordance to the contract documents. The contractor understands that in signing this bid, he /she waives all right to
plead any misunderstanding regarding the contract work.
BASE BID:
Our lump sum bid for the complete sheetrock and joint compound asbestos abatement with inspection and abatement
s necessary for PCB light ballast and fluorescent light tubes for the Premier Mechanical Building as shown on the
uments is the sum of:
ALTERNATES:
ALTERNATE G - ABATEMENT OF ROOF EDGE FLASHING$
Our lump sum bid for the abatement of roof edge flashings as field verified and as shown in these documents is the sum
of:
$
Unit Costs - Includes all costs, labor and benefits
Asbestos Worker $ per hour
Asbestos Supervisor $ per hour
Asbestos Manager $ per hour
PCB light ballast removal container, transportation and disposal $ per ballast
Fluorescent light bulb container, transportation and disposal $ per 8 foot tube
W rescent light bulb container, transporataion and disposal S per 4 foot tube
Total cost per (3' -0 ") glovebag $ / glovebag
Section 0040 - Page 1
This proposal is submitted after careful study of the Drawings and Specifications and from a personal knowledge of
the building site, which knowledge was obtained from the undersigned's own source of information.
It is understood and agreed that this Proposal cannot be withdrawn within sixty (60) days without the consent of the
Owner and that the Owner has the right to accept or reject any or all bids.
The bidder understands the Owner reserves the right to accept or reject any or all bids or alternates and to waive
informalities in bids received and minor discrepancies in bidding procedures.
Asbestos Contractor to file permits for abatement upon letter of award confirmation of project acceptance (Contract
agreements shall be completed prior to work start-up).
A bidders bond in the amount of S percent of our bid is attached.
Respectively submitted,
NAME:
(Correct and full name of firm)
ADDRESS:
PHONE #: ( ) FAX #: ( )
CONTACT PERSON PRINT
SIGNATURE:
BY: TITLE
Affix corporate seal if a corporation
END SECTION 0040
Section 0040 - Page 2
SECTION 0050
• DOCUMENTS INCORPORATED BY REFERENCE
SECTION 0050
DOCUMENTS INCORPORATED BY REFERENCE
PART 1: GENERAL
1.01 OWNER/CONTRACTOR AGREEMENT
A. The "General Conditions of the Contract for Construction ", AIA Document A201, 1987 Edition,
Article 1 through 14, are hereby made a part of this specification, except as amended by the
Supplementary Conditions.
B. CONSTRUCTION CONTRACT AND RELATED FORMS
The successful bidder will be required to enter into a contract with the Economic Development Authority for
the City of Brooklyn Center. The contract consists of the following documents:
1. Insurance form completion and submittal to the Economic Development Authority for the City of
Brooklyn Center, and EPI.
2. Contract between the Economic Development Authority for the City of Brooklyn Center and
Contractor as prepared by the City Attorney.
3. Forms to be used:
Form Form Number
- Application and Certificate for Payment G -702
- Continuation Sheet G -702a
- Certificate of Substantial Completion G -704
- Contractor's Affidavit of Payment of Debts and Claims G -705
- Contractor's Affidavit of Release of Liens G -706a
- Consent of Surety Company to Final Payment G -707
- State of Minnesota - Affidavit of Final Settlement
END OF SECTION 0050
Section 0050 - Page 1
SECTION 0080
GENERAL CONDITIONS
0 NOTICE
e General Conditions of the Contract for Construction, -1987 Edition, AIA Document A201, Articles 1 through 14,
are hereby incorporated by reference to the General Conditions of this project. A copy of the General Conditions may
be examined in the office of the Architect or a copy will be furnished upon written request.
02 MODIFICATIONS
The Articles contained n the Supplementary Conditions, Section 0090, and the General Requirements, those sections
of Division 1 of the Specifications included in the Table of Contents for this project, may amend, modify, supersede,
void, or supplement the Articles of the General Conditions described above and shall take precedence over the
provisions of the General Conditions. Where any part of an Article of the General Conditions is amended, modified,
superseded, or voided by a provision of such Article not so specifically amended, modified, superseded or voided shall
remain in effect. Where any Article of the General Conditions is supplemented by the Supplementary Conditions or
the General Requirement, all provisions of such Article shall remain in effect, and the Supplementary Provisions of the
Supplementary Conditions or the General Requirements shall be considered as added thereto.
END OF SECTION O 0080
Section 0080 - Page 1
SECTION 0090
SUPPLEMENTARY CONDITIONS
GENERAL
The following provisions supplement, modify, change, delete from or add to the "General Conditions of the
Contract for Construction," AIA Document A201, 1987 Edition, and are hereby made a part of the Contract
Documents. Where any article of the General Conditions is modified or any paragraph, subparagraph, or
clause thereof is modified or deleted by these supplementary conditions, the unaltered provisions of that article,
paragraph, subparagraph, or clause shall remain in effect.
The title of the Agreement is amended to add "AND ASBESTOS ABATEMENT ".
In each instance, reference to "Architect" shall be amended to read "AHERA Project Designer."
ARTICLE I - GENERAL PROVISIONS
Clause 1.1.2 AIA General Conditions is amended.
The written contract agreement between the Owner and Contractor shall be based on completion of the
American Institute of Architect's Document A101 entitled "Standard Form of Agreement Between Owner and
Contractor ", 1987 edition as negotiated between the-Owner-and the Contractor or a Contract as prepared by
the City Attorney for the City of Brooklyn Center.
Clause 1. 1.4 is amended to add the following language after "the project is the total construction ": "or asbestos
abatement work."
Clause 1.2.1 is deleted.
Clause 1.2 .2 is amended to add the following language: "1.2.2 The contractor will not be given extra payments
for conditions which could have been determined by examining the site and the documents in the preparation
of the contractor's bid. It is provided that the contractor shall make a written request to the AHERA Project
Designer no later than seven (7) days prior to date for receipt of bids for interpretation or correction of any
ambiguity, inconsistency, or error therein which the contractor may discover. Any interpretation or correction
will be issued by the AHERA Project Designer as an addendum. Only a written interpretation or correction
by addendum shall be binding ".
Clause 1.6 is added as follows:
1.6 PRE -START MEETING
1.6.1 The successful bidder shall attend a pre-start job meeting. Representatives of the owner (including the
AHERA Project Designer) and the owner's agents along with testing/monitoring personnel (e.g., the
Asbestos Project Manager and the Air Sampling Professional) who will actually participate in the
owner's testing/monitoring program shall attend the meeting.
Section 0090 - Page 1
1.6.2 The contractor, the contractor's supervisory personnel who will provide on -site direction of the
abatement activities, and the contractor's air sampling professional shall also attend.
1.6.3 At the meeting, the contractor shall provide all submittals as required. In addition, the contractor shall
be prepared to provide detailed information concerning:
1.6.3.1 Preparation of work area.
2 Personal r ctive a ui equipment including respiratory protection and protective clothing.
1.6.3t _ protective q p g p ryp P
P
1.6.3.3 Employees who will participate in the project, including delineation of experience, training, and
assigned responsibilities during the project.
1.6.3.4 Decontamination procedures for personnel, work area, and equipment.
ARTICLE 2 - OWNER
Clause 2.1.1- Definition, is amended to add the following language: "Owner, as used in the contract documents
shall mean Economic Development Authority in and for the City of Brooklyn Center, Minnesota.
Clause 2.2.2 is amended to add the following language: "The contractor and the owner shall designate, prior
to project commencement, in writing, provided to each other and to the AHERA Project Designer, the name
of at least one (1) project representative who is authorized to bind each."
Clause 2.2.4 is amended to add the following language: "Information, services, or access shall include, but no
be limited to access to work areas, staging areas, elevators, and areas to place dumpsters and rubbish containers.
The owner shall designate and provide space at such places inside and outside the building(s) for the storage
of asbestos waste, for the placing of a dumpster, or loading and unloading equipment and supplies as is
designated in the specifications or hereunder.
Clause 2.2.5 is amended to add the following language: "The contractor will be furnished, free of charge, three
(3) copies of drawings and project manuals. Additional sets will be furnished at the cost of reproduction,
postage, and handling ".
Clause 2.2.7 add the following: "The owner shall also furnish information on types and percentages of asbestos
containing material (ACM) present, as well as a disclosure and itemization of the existence of other types of
hazardous substances."
Clause 2.4.1 is deleted and is replaced with the following language: "If the contractor defaults or neglects to
carry out the work in accordance with the contract documents, the owner may, without prejudice to other
remedies the owner may have, correct such deficiencies. In such case, an appropriate change order shall be
issued deducting from payments then or thereafter due the contractor the cost of correcting such deficiencies,
including compensation for the architect's and air monitors additional services and expenses made necessary
by such default, neglect, or failure. If payments then or thereafter due the contractor are not sufficient to cover
such amounts, the contractor shall pay the difference to the owner."
I
Section 0090 Page _
ARTICLE 3 - CONTRACTOR
Clause 3.1.1 is amended to add the following language: "Contractor as used in the contract documents shall
mean the person or organization entering into a contract with the owner to undertake any of the accepted
contract bid items.
Clause 3.2.1 the following language is added at the end of the first sentence of 3.2.1: "or which may be
discovered including, but not limited to, any discrepancies between the contract documents and any applicable
federal, state, and local laws and regulations regarding the presence of asbestos."
Clause 3.2.1 the last sentence of 3.2.1 is amended to add, after the words, "If the contractor performs any
construction or" the following language: "or asbestos abatement activity."
Clause 3.3.1 is amended to add the following language to the second sentence after the words "control over
construction ": "and asbestos abatement ".
Clause 3.3.5 is amended to add the following language: "3.3.5 The contractor shall be responsible to see that
the finished work complies with the contract documents ".
Clause 3.4.1 is amended to add, after "machinery, water, heat, utilities, transportation" the following language:
"of asbestos containing waste."
Clause 3.4.2 is amended to add, at the beginning of that clause, the following language: "The contractor shall
provide competent, suitable, qualified personnel to perform the work as required by the contract documents."
Clause 3.7.4 is amended to add the following language: "Where work is specified to be in accordance with
building codes or other regulations and requirements, work shall comply with such regulations, however,
quality of materials or type of construction is shown or specified the higher quality, shall be furnished."
Clause 3.9.1 is amended to change, in the last sentence, the words "on written request" to "in writing upon
request."
Clause 3.10.1, the word "construction" is amended to delete from the first sentence before the phrase "schedule
for the work."
Clause 3.11.1 is amended to change "at the site for the owner" to "for the owner, at the site or at such other
location as shall be agreed between owner and contractor."
Clause 3.15.3 is amended to add, the following language: "Should the owner require that the disposal of
asbestos containing material be carried out by the contractor, it shall be the responsibility of the contractor to
carry out disposal and provide documentation and recordkeeping in accordance with all governmental
requirements."
Clause 3.17.1 is amended to read as follows:
e
Section 0090 - Page 3
3.17.1 The contractor shall pay all royalties and license fees. The contractor shall protect, defend, indemnify,
and save harmless the owner and the AHERA Project Designer from all liabilities, judgements, costs,
damages, and expenses which may in any way come against the owner or AHERA Project Designer by
reason of the use of any material, machinery, devices, equipment or processes furnished or used in the
performance of the work for which patents or licensing agreements exist or by reason of the use of
designs furnished by the contractor for which patents or licensing agreements exist, but the contractor
shall not be responsible for such defense or loss when a particular design, process, or product of a
particular manufacturer or manufacturers is required by the contract documents.
In the event that any claim, suit, or action at law or in equity of any kind whatsoever is made or brought against
the owner or the AHERA Project Designer involving any such patents or licensing agreements, the owner shall
have the right to retain from the money due and to become due the contractor a sufficient amount of money
as shall be considered necessary by the owner to protect itself or the AHERA Project Designer against loss until
the claim, suit, or action shall have been settled and evidence to the effect shall have been furnished to the
satisfaction of the owner.
Clause-3. 17 2 is added to read as follows:
3.17.2 The contractor is hereby notified that certain procedures and systems specified herein, specifically the
use of a negative air system in conjunction with HEPA filtered exhaust equipment, are registered,
patented processes. The contractor shall be responsible for all royalties and license fees in the relation
to such patents and shall hold harmless and indemnify the owner and AHERA Project Designer from
and against all claims, losses, damages and expenses arising out of any failure on the part of the
contractor to properly comply with patent requirements.
Clause 3.18.1 is added to read as follows:
3.18.1 In recognition of the gravity of the nature of the work being performed, the contractor agrees to
indemnify and hold harmless the owner and the AHERA Project Designer, the AHERA Project
Designer's consultants and their agents and employees from and against all claims, damages, losses, and
expenses arising out of any failure of performance, whether willful or negligent, by the contractor, said
indemnification to include, but not be limited to the costs of any legal proceedings between the owner
and any individual, the AHERA Project Designer and any individual, the owner and any governmental
body, and the AHERA Project Designer and any governmental body.
Clause 3.18.1 is renumbered as Section 3.18.2.
Clause 3.18.2 is renumbered as Section 3.18.3.
Clause 3.18.3 is renumbered as Section 3.18.4.
Clause 3.19 is added to read as follows:
3.19 Recordkeeping. The contractor shall maintain records for the project for a period of at least thirty (30
years, including a log book, specifications, drawings, contracts, etc. The contractor shall deliver a cop
of these records to the AHERA Project Designer at the conclusion of the project.
Section 0090 - Page 4
ARTICLE 4 - ADMINISTRATION OF THE CONTRACT
Clause 4. 1.1 is amended to read as follows:
4.1.1 The AHERA Project Designer, the consulting AHERA Project Designer or other representative
engaged by the owner for the project are referred to throughout the contract documents as if singular
in number. The term "AHERA Project Designer" means the consultant, engineer, or architect /engineer,
or another authorized representative of the owner. Throughout the agreement, each reference to
"architect" is amended to read "AHERA Project Designer."
Clause 4.2.2 is amended to add to the first sentence after the words "The Engineer will visit the site at intervals,"
the following language: "or periods as the contractor deems."
Clause 4.2.2, the second sentence which reads as follows is deleted: "However, the Engineer will not be required
to make exhaustive or continuous on -site inspections to check the quality or quantity of the work."
Clause 4.2.2 is amended to add the following language: "The contractor shall have access to the AHERA
Project Designer during work hours, twenty -four (24) hours a day and as feasible in order that the contractor
may obtain information, make inquiries, and provide notices. Inquiries made to the AHERA Project Designer
during the performance of the work shall be responded to within twenty -four (24) hours."
Clause 4.2.3 is amended to delete the work "sequences" from the first sentence.
Clause 4.2.3 is amended to add the following language: Prior to the commencement of the work, the AHERA
Project Designer shall submit to the contractor: (a) the names, qualifications, and a delineation of the
responsibilities of those who will be acting at the project site, including, but not limited to,: site monitors,
contract administrators, and air sampling technicians, and (b) proof of mechanical testing and respirator
qualifications of all personnel to the owner, AHERA Project Designer, and others who will be acting at the
project site."
Clause 42.11 the second sentence is amended to add the following language: "in writing" inserted before the
words "with reasonable promptness ".
Clause 4.2.13 is deleted.
Clause 4.3.5.1 is amended to add the following language at the beginning "unsettled ".
Clause 4.3.5.2 is amended to add the following language at the end of that clause: "faulty or defective work
appearing after substantial completion; or ".
Clause 4.3.6 is amended to read as follows: 4.3.6 If job site conditions are encountered which are physically
different from or otherwise concealed during the pre -bid visual inspection and are not detailed within the scope
of work, then notice by the observing party shall be given to the other party promptly before conditions are
disturbed. The AHERA Project Designer will promptly investigate such conditions and, if they are found to
be physically different from or were concealed at the time of pre -bid visual inspection, and cause an increase
or decrease in the contractor's cost of, or time required for, performance of any part of the work, will
Section 0090 - Page 5
recommend an equitable adjustment in the contract sum or contract time, or both. If the AHERA Project
Designer determines that the conditions at the site are not physically different from or were not otherwise
concealed during per -bid visual inspection, and that no change in the terms of the contract is justified, th
AHERA Project Designer shall so notify the owner and the contractor in writing, stating the reasons. Claim
by either party in opposition to such determination must be made within 2 days after the AHERA Project
Designer has given notice of the decision. If the owner and the contractor cannot agree on an adjustment in
the contract sum or contract time, the adjustment. shall be referred to the AHERA Project Designer for initial
determination, subject to further proceedings pursuant to Paragraph 4.4.
and to add the following language in its place: "the AHERA Project Designer has given notice and rendered
a decision as provided in Subparagraph 4.4.4 upon which shall be subject to arbitration upon written demand
of either party."
ARTICLE 5 - SUBCONTRACTORS is deleted in its entirety.
ARTICLE 6 - CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS is deleted in
its entirety.
ARTICLE 7 - CHANGES IN THE WORK
ARTICLE 8 - TIME
Clause 8.1.4 is deleted and is replaced with the following language: "The terms "day" as used in the contract
documents shall mean working day, excluding weekends and legal holidays."
Clause 8.1.2 is added to read as follows: "8.1.2 The owner shall provide the AHERA Project Designer with a
schedule of when the work may be performed or when the work site can be made available to the contractor.
This schedule shall be provided during the mandatory pre -bid meeting at the site. This schedule shall become
part of these contract documents."
Clause 8.2.2 is amended to add the following language at the end: 8.2.2 The contractor shall supply a schedule
for the work indicating amount of time to be spent on each work area and total estimated project duration.
Clauses 8.2.4 and 8.2.5 are added to read as follows:
8.2.4 Whenever it becomes apparent that the proposed time schedule for asbestos abatement work will not
be met, the contractor shall do everything in its power to bring the project back on schedule, at no
additional cost to the owner, including increasing manpower, working overtime or extra shifts and/or
rescheduling other activities. The contractor will be responsible for all additional costs the owner
should incur for all overtime, extra shifts, and samples analyzed, which result from work performed past
the contract completion date.
8.2.5 The owner shall designate and provide space at such places inside and outside the building(s) for the
storage of asbestos waste, for the placing of a dumpster or loading and unloading equipment an
supplies as is designated in the specifications or hereunder.
Section 0090 - Page 6
Clause 8.2.6 is added as follows:
8.2.6 The amount of liquidated damages is fixed and agreed upon by and between the contractor and owner,
because of the impracticability of ascertaining the amount of actual damage, the owner would in such
an event sustain and said amount is agreed to be the amount of damages which the owner would sustain
and said amount shall be retained from time to time by the owner from current progress payments.
ARTICLE 9 - PAYMENTS AND COMPLETION
Clause 9.3.1.1 is amended to add the following language: "Until final payment, the owner shall pay 90 percent
(90 %) of the amount due the contractor on account of progress payments. For each work category shown to
be 50 percent (50 %) or more complete in the Application for Payment, the architect will, without reduction of
previous retainage, certify any remaining progress payments for each work category to be paid in full."
Clause 9.5.1.2 is amended to insert a semicolon after "third party claims filed" and to delete the remainder of
that clause.
Clause 9.7.1 is amended to delete the following language from Line 5: "seven additional days."
Clause 9.10.1 is amended to add, after the words "contract documents," on Line 5, the following language:
"including, but not limited to, receipt of favorable air test results for each segment of the work..."
ARTICLE 10 - PROTECTION OF PERSONS AND PROPERTY
Clause 10.1.2 the words "Asbestos or polychlorinated biphenyl (PCB)" are amended to read as follows:
"polychlorinated biphenyl (PCB), benzene, lead, or any hazardous substance."
* The above change occurs three times in this clause.
Clause 10.1.3 the words "asbestos or polychlorinated biphenyl (PCB)" are amended to read as follows:
"polychlorinated biphenyl (PCB), benzene, lead, or any hazardous substance ".
Clause 10.1.4 the words "asbestos or polychlorinated biphenyl (PCB)" are amended to read as follows:
"polychlorinated biphenyl (PCB), benzene, lead, or any hazardous substance."
Clause 10.2.3 is amended to delete the following language at the end of that clause: "...and notifying owners
and users of adjacent sites and utilities."
Clause 10.2.8 through 10.2.20 are added to read as follows: 10.2.8 The contractor shall furnish documentation
that the firm and its employees are familiar with and shall comply with the following regulations of the U.S.
Department of Labor, Occupational Safety and Health Administration (OSHA) and the U.S. Environmental
Protection Agency (USEPA) relating to the application, removal, disposal, and treatment of asbestos:
.1 OSHA regulations, namely: Sections 19 10. 1001 and 1926.58, Asbestos of 29 CFR Part 1910, and Part
134, as amended, and
Section 0090 - Page 7
.2 EPA regulations, namely: Subparts A, B, and M of 40 CFR Part 61, National Emission Standards for
Hazardous Air Pollutants, and as amended.
10.2.9 The contractor shall document by submittals transmitted directly to the owner that the contractor and*
its procedures used therein are in accordance with applicable state laws and regulations.
(list specific state and local laws)
10.2.10 The contractor shall furnish to the owner, written proof that employees have had instruction
on the dangers of asbestos, respirator use, proper fit testing of approved respirators, and
decontamination. The contractor shall further document that all workers on the job
(supervisors and asbestos workers) have completed a training program for asbestos removal in
� compliance with the requirements of the state in which the work is being performed.
Documentation shall consist of a certificate from the training course organization upon
successful completion of training. Requirements of this paragraph shall not be construed to be
in conflict with requirements of the technical specifications contained herein.
10.2.11 Contractor shall furnish proof that all employees have received medical examinations as per
OSHA regulations.
i hall be available in the contractor's business
10.2.12 One copy of each of the laws and-regulations cited s
office and one copy of each shall be maintained at the job site.
10.2.13 The contractor shall display copies of the letters required and all documentation required at th
job site, including copies of the certification cards issued to all on-the-job employees who have
complete the training program for asbestos removal.
10.2.14 The contractor shall strictly adhere to all precautions necessary to the safety and health of the
workers in accordance with provisions of OSHA Standards 29 CFR, Part 1926.58, Construction
Standards and Section 1910.1001, Asbestos of 29 CFR 1910.
10.2.15 Applicable standards listed in these specifications include, but are not necessarily limited to,
standards promulgated by the following agencies and organizations:
1. EPA Environmental Protection Agency
Region III
841 Chestnut Street
Philadelphia, PA 191072.
OSHA Occupational Safety and Health Administration
200 Constitution Avenue N.W.
Washington, D.C. 20210
3. NIOSH National Institute for Occupational Safety and Health
P.O. Box 13716
Philadelphia, PA 19106
Section 0090 -.Page 8
4. ASTM American Society for Testing and Materials
1916 Race Street
Philadelphia, PA 19103
5. ANSI American National Standards Institute
1430 Broadway
New York, NY 10018
10.2.16 All asbestos removal shall be performed in accordance with the guidelines and regulations of
the responsible state agencies: U.S. environmental Protection Agency (USEPA), U.S.
Department of Labor, and the Occupational Safety and Health Administration (OSHA).
10.2.17 The contractor shall have, at all times in his/her possession at his/her office or at the job site,
OSHA Regulation 1910.1001 and 1926.58 "Asbestos" and EPA 40 CFR, Part 61, "Practices and
Disposal of Asbestos Waste."
10.2.18 The contractor has the responsibility of informing itself fully of the requirement of these
agencies and shall satisfy completely these specifications and all referenced regulations, and as
amended.
10.2.19 The contractor shall be served with a notice by the AHERA Project Designer when the
contractor is in noncompliance with the specifications and/or safety regulations, as a warning.
A second notice will be cause, if so determined, for the contractor to be removed from the
project.
10.2.20 No Claims Against Individuals. No claim whatsoever shall be made by the contractor against
any officer, agent, or employee of the owner or AHERA Project Designer for, or on account
of, anything done or omitted to be done in connection with the contract.
ARTICLE 11 - INSURANCE AND BONDS
Clause 11.1.1 is amended to add the following language: "Liability insurance shall include all major divisions
of coverage and be on comprehensive basis including:
1. Premises operations including XCU coverages as applicable.
2. Independent contractor's protective.
3. Products and completed operations.
4. Personal injury liability with employment exclusion deleted.
5. Contractual, including specified provision for contractor's obligation under Paragraph 3.18.
6. Owned, non - owned, and hired motor vehicles.
Section 0090 - Page 9
7. Broad form property damage including completed operations."
Clause 11.1.1.8 is amended to add the following language: "The owner shall be named as "additional insured"
on all insurances.
Clause 11.1.1.9 is amended to add the following language: "The contractor shall provide general liability
insurance coverage in the amount of 52,000,000.00 per occurrence / 52,000,000.00 aggregate."
Clause 11.1.1.10 is amended to add the following language: "The general liability insurance shall specify that
coverage specifically includes asbestos removal work in addition to standard operations of the contractor."
Clause 11.1.1.11 is amended to add the following language: "If the general liability coverages are provided by
a commercial general liability policy on a "claims- made" basis, the retroactive date of the policy shall predate
the contract; the expiration date of the policy or applicable extended reporting period shall be no earlier than
two years after completion of the contract, certified in accordance with Subparagraph 9.10.2."
Clause 11.1.2 the words "Coverages, whether written on an occurrence or claims -made basis" in the second
sentence are amended to read as follows: "Coverages, on an occurrence basis."
Clause 11.1.2.1 is amended to add the following language: "The insurance required by Subparagraph 11.1.1 shall
be written for not less than the following limits or greater if required by law:
Worker's compensation and employees liability insurance: Is
a. Statutory: In amounts and coverage required by laws of place of building.
b. Employer Liability: 5100,000 for each employee.
5600,000 Per Accident
5600,000 Per Employee Disease
5600,000 Aggregate Disease
Clause 11.1.2.2 is amended to add the following language: "Comprehensive general liability and property
damage insurance:
a. Public liability coverage including the following:
1) Operations - premises (including XCU).
2) Independent contractor's protective.
3) Completed operations and products.
4) Contractual - including hold harmless indemnification.
b. Bodily Injury and Death:
1) Each person: 52,000,000
2) Each occurrence: 52,000,000
Section 0090 - Page 10
I
C. Property Damage Liability:
1) Each occurrence: 52,000,000
2) Aggregate operations: 52,000,000
d. Property damage liability insurance shall provide X, C, or U coverage as applicable.
e. Completed operations and products coverage shall be maintained for two years after final payment.
Comprehensive automobile liability and property damage insurance:
a. Personal Injury and Death:
1) Each person: $2,000,000
2) Each occurrence: 52,000,000
b. Property Damage Liability:
1) Each occurrence: 52,000,000
2) Aggregate operations: 52,000,000
C. Shall include owned, non - owned, and hired vehicles.
d. Provide same minimum limits for aircraft liability and property damage insurance when contractor,
subcontractors, or their employees use their own, non - owned, or hired aircraft in the operation of their
business."
Clause 11.1.3, is amended to add the following language at the end: "The certificate will specify asbestos
abatement coverage. If this insurance is written on the comprehensive general liability policy form, the
certificate shall be the standard ACORD, Certificate of Insurance. If this insurance is written on a commercial
general liability policy form, ACORD Form 25S will be acceptable."
Clause 11.2.1 is deleted and replaced with the following language: "The contractor shall purchase and maintain
insurance covering the owner's contingent liability for claims which may arise from operations under the
contract."
Clause 11.3.1.1 amended to add the following:
The Architect, Environmental Process, Inc., shall be named as joint insured as their interest may appear.
If the owner is damaged by the failure of the contractor to maintain such insurance, then the contractor shall
bear the reasonable costs properly attributable thereto."
Clause 11.3.6 is amended to add the following language: "Before an exposure to loss may occur, the contractor
shall file with the owner two certified copies of the policy or policies providing this property insurance coverage,
each containing those endorsements specifically related to the project. Each policy shall contain a provision
Section 0090 - Page 11
that the policy will not be canceled or allowed to expire until at least 30 days prior written notice has been given
to the contractor."
Clause 11.3.7 is amended to modify Subparagraph 11.3.7 by substituting the following language: "Contractole
for owner at the end of the first sentence."
Clause 11.3.8 is amended to modify Subparagraph 11.3.8 by substituting the following language: "Contractor
for owner each time the latter work appears."
Clause 11.3.10 is amended to modify Subparagraph 11.3.1 by substituting the following language: "Contractor
for owner each time the latter word appears."
Clause 11.4.1, the following language is added to read as follows:
The Contractor shall, if directed, purchase and furnish to the Owner a Performance Bond plus a Labor and
Materials Payment Bond (On form approved by Owner) and each bond shall be in the amount of 100 percent
of the Contract Sum. The surety company furnishing such bonds must have a Treasury Department limit equal
to or exceeding the amount of such bonds as listed in the latest issue of the Treasury Department Circular
Number 570. The surety company must be authorized to do business in the State in which the project is being
constructed. Owner reserves the right to accept or reject the surety company.
ARTICLE 12 - UNCOVERING AND CORRECTION OF WORK is deleted in its entirety.
ARTICLE 13 - MISCELLANEOUS PROVISIONS
Clause 13.1.1 is amended to add the following language after the last sentence: "Provided that in the case a
conflict of laws issue arises, it shall be resolved by applying the law of the jurisdiction which is more restrictive."
Clause 13.5.7 - Air Testing, is amended to add the following language: An independent testing laboratory shall
conduct all air sampling and air sample analysis in accordance with OSHA Regulation 1910.1001, and 1926.58.
1 Analyses of in- progress air samples collected during this project shall be analyzed via NIOSH Method
7400.
.2 Air testing shall be conducted at a frequency to accurately determine the employees' eight (8) hour time
weighted average (TWA) for job tasks. Air testing will commence as soon as the possibility exists that
the asbestos or asbestos containing material could be disturbed in all areas, at a minimum.
.3 Final air sample analyses in areas under full containment shall be analyzed via Transmission Electron
Microscopy (TEM), if required by AHERA regulations otherwise Polarized Contrast Microscopy
(PCM) is acceptable.
.4 Air sample results shall be communicated verbally to the construction manager within twenty -four (24)
hours.
.5 The contractor shall cooperate fully with all aspects of air monitoring operations."
i
Section 0090 - Page 12
13.8. 1.1 add the following clause:
The contractor and the contractor's subcontractors shall not discriminate against any employee or applicant
for employment because of race, religion, color, sex, or national origin. The contractor shall take affirmative
action to ensure that applicants are employed and that employees are treated during employment without
regard to their race, religion, color, sex, or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demolition, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection of training, including apprenticeship.
The contractor agrees to post in conspicuous places, available to employees and applicants for employment,
notices setting forth the policies of nondiscrimination.
ARTICLE 14 - TERMINATION OR SUSPENSION OF THE CONTRACT
Clause 14.2 is amended to delete paragraphs 14.2.1 (l), (.2), (3), and (.4) and to add the following language:
"The owner may terminate the contract if the contractor:
.1 refuses or fails to meet any of the established project deadlines;
.2 refuses or fails to supply enough properly skilled workers or proper materials;
.3 fails to make payment to subcontractor for materials or labor in accordance with the respective
agreements between the contractor and subcontractors;
.4 disregards laws, ordinances, or rules, regulations, or orders of a public authority having jurisdiction;
or
.5 otherwise is guilty of substantial breach of a provision of the contract documents."
Clause 14.2.2 is amended to add the following language: "When any of the above reasons exist, the owner may,
without prejudice to any other rights or remedies of the owner and after giving the contractor written notice,
terminate employment of the contractor, and may, subject to any prior rights of the surety:
1 take possession of the site and of all materials, equipment, tools, and construction equipment and
machinery, thereon owned by the contractor;
.2 accept assignment of subcontractors pursuant the Paragraph 5.4; and
.3 finish the work by whatever reasonable method the owner may deem expedient."
Clause 14.2.5 is added to read as follows:
Section 0090 - Page 13
r r the owner
� n v 0
14._.S Protection of the Site Upon Termination. I the event that either the contractor e e
terminates the work under this agreement, the contractor shall leave all asbestos permanently or
temporarily covered so that no asbestos hazard is present. In the event that the contractor fails to leave
the work area in a safe condition, the contractor will be liable to the owner and /or AHERA Projec
Designer for all costs incurred by the owner and/or AHERA Project Designer resulting from such
failure."
END OF SECTION 0090
i
Section 0090 - Page 14
SECTION 0095
SPECIAL CONDITIONS
RT 1 - GENERAL
1.01 GENERAL
The General Conditions, Supplementary Conditions, Special Conditions, and all sections of Division O and Division I
apply to all sections of these specifications and are a part of the contract.
1.02 SUMMARY OF WORK
The Contract Work as described in the Notice for Bids, consists of one main project. The project is entitled
"PREMIER MECHANICAL BUILDING ASBESTOS ABATEMENT" as described in the project manual prepared
by EPI. The Work will be performed under one Prime contract with work beginning and work completed on the dates
specified in the Project Manual.
Upon receipt of a signed contract, the contractor shall immediately place orders for all materials to be used in this
project. Space will be provided within or adjacent to the building for storage of materials that arrive on the job site
before construction begins.
The asbestos abatement action is to begin 1996 P
and all work be completed within 21
working days or by , 1996. The work time selected for enclosure areas to be planned with
city representatives within this time frame will be by mutual agreement between the owner and the contractor.
T f the contractor finds it necessary to work overtime to meet this schedule, the contractor shall include costs for overtime
O k in the bid and shall make arrangements with the owner to keep the building open so that construction work can
continue beyond the length of a normal working day or week.
1.03 TIME OF COMPLETION AND LIQUIDATED DAMAGES
A. The contractor shall commence work within the shortest time possible after receipt of an executed copy of the
contract and notification by the owner to commence work to properly expedite the project.
B. If, through no fault of the contractor, issue to the contractor of Notice to Proceed is delayed beyond
-
9 1996, the specified date of completion shall be extended by Supplemental Agreement on the
basis of one work day of extension for each day of delay in issue by the owner. If, through any fault of the
contractor, issue by the owner to the contractor of the Notice to Proceed is delayed beyond ,
1996, the specified date of completion shall not be changed.
C. It is specifically understood and agreed to by the parties hereto that the contractor shall pay to the State as
fixed, agreed, and liquidated damages for each calendar day beyond the time of completion until the work is
completed or accepted, the sum of five hundred dollars (5500.00) per day and the contractor and his/her sureties
shall be liable for the amount thereof. This sum is not to be construed as in any sense a penalty.
1.04 SPECIAL SITE CONDITIONS
Asbestos removal shall only be performed when the building owners on -site representative is present unless the
tractor has received written instruction from the owner to do otherwise.
Section 0095 - Page 1
The contractor must confine asbestos contaminated debris resulting from removal operations to the construction area
and approved designated waste receptacle.
The contractor shall keep building areas outside containments sidewalks, driveways, and lawns clean in the area*
through which debris is removed, and where materials enter the building.
Prior to the start of each removal Phase, the contractor, and the owner, will survey the conditions of spaces adjacent
to the removal areas and all areas and spaces to be used by the contractors, to determine the "AS IS CONDITION."
Copy shall be presented to the Project Designer /Architect.
The contractor is responsible for securing the building.
1.05 CONTRACTOR QUALIFICATIONS FOR ASBESTOS ABATEMENT WORK
A. The Project Designer /Architect will investigate, as he /she deems necessary, to determine the qualifications of
the contractor's ability to perform abatement work on this project. Contractor shall furnish to the engineer all
information requested. The owner reserves the right to reject any contractor if the evidence submitted or the
investigation (including findings by federal, state, or local regulatory agencies or other prior work history) fails
to satisfy the owner that said contractor is properly qualified.
Qualification submittals must be provided to the Project Designer /Architect within 48 hours of the bid opening.
Failure to submit requested information/documentation in a timely fashion or the submission of incorrect
information/documentation may result is rejection of the bid.
B. Provide evidence of satisfactory performance for three asbestos removal projects in the last two years where th
asbestos abatement contract amount to this contractor was 550,000 or greater. Submit the following
information for each of the three completed projects.
1. Project name and location.
2. Date complete.
3. Client name and address.
4. Client contact person and telephone number.
5. Amount paid to this contractor.
6. Name and address of third party observer (industrial hygienist employed by owner).
7. Observer contact person and telephone number.
8. Name and address of architect, engineer, or project manager.
9. A/E or PM contact person and telephone number.
C. Submit a notarized statement, signed by an officer or owner of the company containing the following
information covering the last two years.
1. A record of an finding issued by federal, state, or local regulatory agencies for violations relating to
asbestos abatement activity, including but not limited to:
- Stipulation Agreement (Minnesota Pollution Control Agency)
- Notice of Violation (Minnesota Pollution Control Agency)
- Enforcement Letters (Minnesota Pollution Control Agency)
- Citation and Notification of Penalty (Minnesota Department of Labor and Industry)
Section 0095 - Page 2
- Report of an Industrial Hygiene Field Investigation (Minnesota Department of Health)
- Violation Letter (Minnesota Department of Health)
- Finding of Violation (United States Environmental Protection Agency)
0 Include projects, dates, and resolutions.
2. A list of any penalties incurred through non - compliance with asbestos abatement project specifications
including liquidated damages, overruns in schedules, time limitations, and resolutions.
3. Situations in which an asbestos related contract has been terminated including projects, dates, and
reasons for terminations.
4. A listing of any asbestos related legal proceeding/claims in which the contractor (or employees
scheduled to participate in the project) have participated or are currently involved. Include descriptions
of role, issues, and resolutions to date.
5. Certification that their employees have had instruction or will be instructed on the dangers of asbestos
exposure, respirator use, decontamination, and relevant OSHA regulations before they begin work on
the project.
D. Submit experience of the job general superintendent with abatement work as demonstrated through
participation in at least three prior 550,000 or greater removal projects that were monitored by a third party
testing laboratory. This person must be trained and knowledgeable of applicable regulations and experienced
in safety and environmental protection of a training course, offered by an EPA or OSHA endorsed educational
institution (submit certificates).
E. Submit outlines of in -house course and qualifications of instructor.
F. The asbestos removal contractor shall not be involved in litigation with State of Minnesota either through
present or previous ownership.
1.06 LIMIT ON CONTAINMENT AREA
The maximum area to be placed under containment shall be that which the contractor can demonstrate to the
satisfaction of the industrial hygienist is manageable.
1.07 ADDITIONAL CONDITION FOR FINAL PAYMENT
A. The Contractor and all of its subcontractors shall comply with Minnesota Statutes, Section 290.92. Pursuant
to Minnesota Statutes, Section 290.97, the owner will not issue final payment to the Contractor prior to receipt
of a "Withholding Affidavit for Contractors" (Form IC -134) from the Contractor and from each of the
Contractor's subcontractors (if any). The Contractor and subcontractors shall submit the owner original copies
of Form IC -134 all ready fully executed by the Commissioner of Revenue of the State of Minnesota. It shall
be the responsibility of the Contractor to ensure that all of the Affidavits herein required are submitted to the
owner.
0 "18 MINNESOTA DEPARTMENT OF HEALTH FEES AND LICENSURE
Contractor shall pay fees levied by the Minnesota Department of Health for asbestos removal projects. It is
Section 0095 - Page 3
the Contractor's responsibility to verify the amount of such fees prior to bidding.
B. Contractor must have a current, valid license for asbestos removal work as required under Minnesota laws and
all workers must be certified in Minnesota.
1.09 ACCESS AND SECURITY
A. Whenever possible, the contractor shall use existing access points to buildings as required to complete the work.
In some cases, it will be necessary for the contractor to construct temporary barriers with access doors that are
to be secured and controlled by this contractor. It will be necessary to secure all access points everyday to
maintain building security. The contractor shall keep a log of all persons entering or leaving the Work Area
under his control and shall prevent unauthorized entry at anytime. The contractor shall meet this requirement
by locking the access point to the Work Area at the end of each work shift and over weekends. During active
work shifts, at least one worker shall be stationed outside of the containment enclosure,but within the area
controlled by the contractor to prevent entry by unauthorized personnel.
B. Building security during non working hours remains the responsibility of the contractor. The contractor may
be required to seal openings into building and to provide security locks.
1.10 FIELD COMMUNICATIONS
A. Contractor may be requested to provide and maintain portable two -way radio units to allow communication
from outside containment areas to inside containment areas if requested. At least one two -way unit will be with
the job superintendent at all times, one unit with the foreperson or leadperson inside containment, one unit shall
be provided for the sole use of the industrial hygienist, and one unit shall be located in the contractor's field
office and available for use by the owner and the Project Designer /Architect.
B. The contractor shall make suitable arrangements for a field office telephone that shall be equipped with a 24-
hour message recorder or telephone answering service. This telephone shall be available for use by the industrial
hygienist or the owner's on -site representative. The contractor shall pay all costs for local service and his/her
long distance calls.
1.11 TEMPORARY OFFICES
A. The owner will provide the contractor space inside the buildings for storage and a temporary office. The
contractor shall keep all his/her job records, as -built drawings, etc. in this office. The contractor shall have a
telephone located in this office. The contractor will be responsible for security of these spaces.
1.12 INDUSTRIAL HYGIENIST (I.H.)
A. I.H. and laboratory service will be by Environmental Process, Inc. who is retained by the owner.
B. I.H. is on -site person responsible for air monitoring, analysis, and health and safety quality control.
1.13 PRE - CONSTRUCTION INSPECTION
A. Prior to beginning any work, the contractor and owner's designated representative will inspect all areas of work
to document damage to any cabinets, tables, shelves, doors, lights, displays, mechanical and electrical
equipment, building surfaces, etc. A list of damaged items will be prepared by the contractor, accepted by th
owner, and shall be submitted to the Project Designer /Architect before any work begins. Failure to comply wit)
this provision will make the contractor responsible for any damage found at the end of the project.
Section 0095 - Page 4
1. 14 WALK- THROUGH
All contractors taking part in the walk- through shall be responsible for their own protection for asbestos and the supply
and operation of that equipment.
0 15 SPECIAL PERMITS
All expense and cost of permits arising from or in conjunction with the performance of the provisions of this contract
shall be borne by the successful bidder. The City of Brooklyn Center has not applied for permits from the Minnesota
Pollution Control Agency or other agencies in jurisdiction. If required, these permits shall be signed by the State of
Minnesota. All provisions specified by these departments /agencies shall be adhered to as part of this specification.
Periodic inspections during the progress of the work may be made by the above departments to ensure the
environmental considerations are being observed. Any deviations from specified conduct of the work, when brought
to the contractor's attention, shall be corrected immediately.
1.16 ALTERNATIVE PROCEDURE AND VARIANCES
A. A variance may be requested by submitting a written proposal to the asbestos project designer and architect.
Any written proposal shall include a detailed description of the procedure(s) to be used in lieu of the
requirements of this specification. The capability of the alternative procedure(s) to provide an orderly, efficient,
and safe abatement which ensures protection equivalent to that provided by the rules of this part shall be the
basis for approval or denial of the variance. The asbestos Project Designer /Architect shall notify the applicant,
in writing, of his/her decision to either grant or deny the variance. A variance shall be requested and approved
before abatement work begins.
B. Variances may also be requested from regulating agencies such as MDH or MPCA; however, t he contractor
10 with an work
must produce written evidence of approval b the agency at least seven days prior to proceeding y
P PP Y g Y Y P
P g
requiring such variance.
1.17 MINIMUM WORK FORCE /CREW SIZE
A. The minimum total pro ject work force for the asbestos removal contractor shall be eight workers including
the foreperson and leadperson, but not including the job superintendent. The asbestos removal contractor shall
provide the work force needed to complete the work in compliance with the schedule from start to finish of the
asbestos removal work.
B. If the contractor falls behind schedule, extended days and weekend work will be required and no extra
compensation will be paid. The work force may be reduced with the approval of the Project Designer /Architect,
only if the contractor is ahead of schedule. No single shift may exceed 10 hours /day for the same work crew.
1.18 . ACHIEVEMENT OF FINAL CLEAN
Failure of the industrial hygienist technician to identify suspect debris within an area during a final visual inspection
does not relieve the contractor of the responsibility of performing further work in that area to meet the visual clean
requirements of these specifications and the project designer.
1.19 WORK NEAR ASBESTOS MATERIALS
A. During the work of this project, the Contractor will encounter non - scheduled abated asbestos containing
materials. If, in the Contractor's opinion, the presence of these materials poses a hazard to any person in the
building, the Contractor shall immediately notify the owner who shall take appropriate, corrective action.
Section 0095 - Page 5
B. If the Contractor disturbs asbestos bearing materials outside of a containment area, he /she shall immediately
stop work in the affected area, restrict access, and notify the owner who shall take appropriate, corrective
action.
1.20 CONTRACTOR METHODS
A. The use of high pressure, high volume washers or hydroblasters is specifically prohibited. Low volume, airless
high pressure washers may only be used if the Contractor has requested and received a variance to this
specification requirement. The only circumstance under which such a washer may even be considered for use
is the case when the material to be removed or cleaned is otherwise inaccessible to any other method, the use
of such equipment would not move asbestos materials further into the building core, and finally the use of such
equipment is restricted to only the leadperson or foreperson and the work is performed only while under the
visual observation of the on -site I.H.
1.21 CERTIFICATION OF PATENT COMPLIANCE
A. The State has been notified by a law firm representing GPAC, Inc., that GPAC holds U.S. Patent No.
4,604,111, issued on August 5, 1986, for the GPAC/Natale negative air filtration system for asbestos
containment and removal. That patent was affirmed by the U.S. Patent and Trademark Office Board of Patent
Appeals and Interferences on March 31, 1989. The State has also received information that litigation
concerning the validity of the GPAC/Natale Patent continues in the U.S. district courts.
B. All potential contractors who intend to use the GPAC/Natale negative air filtration system in this project shall
demonstrate to the State that they may lawfully use the GPAC/Natale system consistent with any valid patents
by submitting written proof of valid, current permission from the holder of the patent authorizing the
contractor to use the patented system. Potential contractor may propose to use an acceptable alternative syste
provided that the contractor demonstrated to the satisfaction of the State that such alternative systems complies
with all applicable laws, regulations, patents, contract requirements, and the plans and specifications for the
project. Potential bidders are advised that under the terms of the contract for this project, the contractor has
the responsibility to arrange with any patentee or owner for the use of any design, device, process, or material
covered by a patent or copyright, and shall indemnify and save harmless the Economic Development Authority
for the City of Brooklyn Center and Environmental Process, Inc. and any political subdivision, department,
or third party affected, from all claims for infringement by reason of its use. Contractor to complete and
submitt letter as found in the appendix.
C. GPAC's attorneys have advised the State that inquiries relating to the GPAC patent, the rights thereunder, and
all applications for licensure may be directed to:
GPAC, Inc.
7854 Browning Road
P.O. Box 662
Pennsauken, NJ 08109
Telephone: 609/486 -1555
1.22 PAYMENT FOR AIR MONITORING AND INSPECTION SERVICES
A. The owner will retain and pay for the services of an industrial hygienist for on -site air monitoring for limited
hours per week. These services, at the discretion of the air monitoring firm, may be provided on the basis o
five shifts per week or four shifts per week.
Section 0095 - Page 6
If other work hours or arrangement are desired by the contractor, the contractor shall become responsible for
the cost of additional monitoring services or overtime charges that may be levied by the monitoring firm to the
owner. In the event that the contractor requests such special services, the contractor agrees to accept reasonable
charges from the air monitoring firm, which will be deducted from the contract amount by Supplemental
Agreement.
B. In certain instances, the owner recognizes that the work must be done overnight, over weekends, or on a
continuous shift basis. In cases where the work has been so specified, the owner again will provide and will pay
for the required air monitoring service in accordance with the schedule time indicated in the project
specifications. In the event that the asbestos removal contractor fails to complete the work in the required
amount of time, the asbestos removal contractor shall become responsible for the payment of the additional
testing laboratory services required to complete the work.
C. The asbestos removal contractor is required to provide the minimum crew size indicated in the specifications.
Minimum crew sizes are normally stipulated for single shift work only. In the case where multiple shifts are
expected, the crew size is less than 80% of the minimum crew size specified, the contractor will become liable
for and will be charged for the cost of air monitoring for that number of shifts or the number of work hours
for which the specified minimum crew size was not provided at the job site or work is not completed in the time
frame allowed. The only exception to this will be in cases where the contractor has requested and received in
writing prior approval by the owner to reduce the crew size below 80% of the specified minimum.
D. When the contractor calls for inspection services required by the specifications and performed by the owner's
air monitoring firm, the contractor shall request said inspection in writing and the air monitoring firm
representative performing such inspection shall certify pass or failure of inspection, also in writing. If the
contractor fails the first and one subsequent inspection, the cost of any further inspections, in terms of
additional air monitoring firm labor, shall be bome and paid for by this contractor and shall be deducted from
the contract amount by Supplemental Agreement.
E. The requirements of these conditions are in addition to the normal contract requirements for either actual or
liquidated damages for failure to perform any and all of the work within the specified contract time.
F. When an inspection requires the presence of the quality control supervisor, the contractor shall provide two
working days advance notification to the air monitoring firm. Once schedule, the inspection date may not be
changed without a two working day advance notification. Failure to comply with this requirement may result
in project delays for which the contractor will be held liable.
1.23 INSPECTION PROCEDURES
A. It is the contractor's responsibility to completely remove all asbestos materials identified for removal and any
residues or overspray of said materials in each and every work are. In order to assure compliance with these
requirements, a final inspection procedure by the project designer or his representative will be instituted for this
project.
B. It will be a requirement of this project that a visual inspection will be performed after pre - cleaning is completed
and before any poly is installed over any surfaces. The pre -clean inspection will be performed by the on -site
industrial hygiene technician and will be signed off by the on -site industrial hygiene technician before
acceptance.
Section 0095 - Page 7
C. The visual clean inspection prior to release for encapsulation will be conducted by the on -site industrial hygiene
technician and/or the quality control supervisor, at the discretion of the Project Designer /Architect and the Air
Monitoring firm. This inspection will not be accepted as complete until it has been signed off by the on -sit
industrial hygiene technician and approved by the quality control supervisor. 0
D. Following encapsulation and passing of the aggressive air final test, there will be a post barrier removal
inspection conducted by the project designer or quality control supervisor. This inspection must be completed,
approved, and signed off by the contractor, on -site IH, and the project architect or quality control supervisor
before any area or space can be released for re- occupancy or for activities of any other contractors. These
inspections are to be scheduled prior to weekly construction progress meetings, so that the Project
Designer /Architect and owner representatives may also inspect the work area before it is opened.
E. In bidding this project, all surfaces in the work area will have to achieve a level of cleanliness that will be in strict
accordance with the specifications, which means that there will be no visible evidence of any asbestos material
or residue; or any suspect material in the space or the inspection will fail and the work will be repeated.
PART 2 - PRODUCTS (NOT APPLICABLE)
PART 3 - EXECUTION (NOT APPLICABLE)
END OF SECTION 0095
Section 0095 - Page 8
DIVISION 1
• GENERAL REQUIREMENTS
•
SECTION 1013
SUMMARY OF WORK AND GENERAL REQUIREMENTS
ASBESTOS ABATEMENT
PART 1 - GENERAL
RELATED DOCUMENTS
The General Conditions, Supplementary Conditions, Special Conditions, and all sections of Division O and
Division I apply to all sections of these specifications and are a part of the contract.
1.01 DESCRIPTION OF WORK
A. Briefly, the work of the contract is summarized as the removal, disposal, and decontamination of
asbestos containing materials. The asbestos materials to be removed on the base bid are floor file and
decorative ceiling spray. Asbestos contaminated materials may include sheetrock walls, ceiling
materials, light fixtures, conduit, carpet, etc.
B. The contractor shall provide portable hot water heater, temporary building lighting, and sanitary
facilities.
C. The work to abate asbestos is for the proposed building demolition, which is to start in the spring of
1994.
D. If work includes cleaning for final air clearance, it shall be pre - cleaned by vacuuming and wet wiping.
Wrap and seal off during abatement and expose for final aggressive air sampling.
E. The owner will remove any movable appliances or stored items, etc., which will not disturb the asbestos
materials, in the abatement path, and will provide access to all abatement areas. Any items to be left
in the abatement areas will be noted at walk through and will require protection during abatement.
F. The work shall also include isolation, containment, protection, engineering controls, health, safety, and
decontamination as specified in the appropriate sections of this document.
G. The contractor shall supply all labor, transportation, material, apparatus, equipment and tools
necessary for the entire and proper completion of this work and shall install, maintain, and remove all
equipment for the proper execution of the contract and be responsible for the safe, proper, and lawful
performance of his/her equipment, maintenance, and use of the same and shall perform in the best
manner, and everything properly incidental thereto, as indicated on the drawings or specifications or
reasonably implied therefrom, all in accordance with the contract documents.
H. Contractor to review work site locations with owner representative for "as is" conditions" state existing
damages and sign, date, and submit copy to IH technician and project architect prior to project start-up.
Note, the building will be subsequently demolished. The emphasis of "as -is" conditions will be on
building security and site safety related issues.
Section 1013 - Page 1
I. The contractor shall provide security for the project site during project duration. This may include
plywood barriers, additional locksets, etc.
1.02 CONTRACT 0
The work, as defined by these specifications and plans will be awarded under a single prime contract as prepared
by the City of Brooklyn Center City Attorney.
1.03 CONDITIONS OF THE SITE
The contractor shall accept the site in the condition that he /she fords it. See Article 1.2.2 of the General
Conditions and Section 0200 for existing site data.
1.04 SCHEDULING
A. The contractor shall schedule and sequence his/her work so as to minimize the interruption of services
and interference with the owner's use of occupied portions of the building.
B. The contractor w city and representatives to determine schedule showing when the
t actor shall work with a
Y EPI re P
work is to be done and the areas affected before beginning any work. Schedules shall be updated daily
and before each project construction progress meeting, whenever changed. The contractor shall be
responsible for obtaining the owner's approval of all scheduled work. No work shall be done without
the permission of the owner to work in the affected area.
1
C. The contractor shall be responsible for scheduling the work of all trades electrical in all affected areas
of the building.
D. Multiple shift and 6 - 7 days per week operations will not be allowed unless contractor pays additional
on -site IH costs or owner gives approval.
1.05 INTERRUPTIONS OF UTILITIES
A. Temporary electrical power will be provided in the basement mechanical room to the asbestos removal
contractor for his/her equipment required for asbestos removal work. Asbestos contractor to provide
Master Electrician to connect all temporary electrical connections which shall be coordinated with city
personnel.
B. Water service will be provided by the owner from an outside fire hydrant. Asbestos contractor to
provide hoses, portable hot water heater, etc. Contractor may use lower level sanitary sewer drains.
(Verify with owner prior to usage.)
1.06 STORAGE OF MATERIALS
The owner will allow the temporary storage of materials and contractors equipment in the building and in othe
designated areas on the site. The contractor is responsible for the security of stored materials and equipment
Section 1013 - Pagel
1.07 BARRIERS
Whenever the contractor is working in or adjacent to an occupied room or space, he /she shall install barriers
to prevent occupants or workers from entering into the construction zone and to protect occupants from
construction activity. Signage visible to the occupied area shall indicate construction zone. Asbestos hazard
signage shall be posted at construction zone entrances, on exterior of building, and at locations requested by
the on -site IH.
1.08 LIFE SAFETY
A. The contractor shall conduct his/her operations in a manner that will maintain egress for building
occupants and workers in accordance with life safety codes. Whenever it should become necessary to
partially or to totally block any building egress point or access to same, the contractor shall obtain the
fire marshall's written approval which he /she shall submit to the owner. The contractor will be required
to provide all signs to re- direct building occupant and worker traffic flow for life safety purposes.
B. For the work of asbestos removal that will either predominantly alter a building's fire resistiveness or
fire resistant rating, the contractor shall notify the local fire department and receive approval from the
fire marshall to make such alterations and changes and shall submit written evidence of the fire
marshall's approval for either temporary or permanent alterations that change building fire
resistiveness. Where necessary and/or required by the governing authority, this contractor shall provide
any necessary temporary detectors, alarm systems, or perform fire watches in accordance with the
requirements of the local governing authority. If required, these services shall be provided at no
additional cost to the owner.
1.09 VENTILATION
A. It will be the contractor's responsibility to provide any necessary local or general ventilation and any
associated heating or cooling to protect workers from any harmful fumes or dust generated by his/her
work. On -site industrial hygienist or Project Designer /Architect may determine when ventilation is
required in work areas. OSHA minimum work standard practices shall be followed.
1.10 PROCEDURE AND PROTECTION
A. Suitable precautions shall be taken to prevent injury to persons and property. The work shall be done
in such a manner and by such means as to cause no damage in the existing structures and so as not to
interfere with the Owner's use of the premises. The contractor shall protect the grounds, fences, walks,
curbs, pavements, buildings and all else from injury on account of this work and shall leave these, at
the completion of his work in as good condition as existed at the commencement of his work, except
as otherwise specified.
1.11 EXAMINATION OF SITE OF WORK
A. It shall be expected that each contractor, before submitting a proposal for work required under this
specification, has visited the site, made a thorough examination of conditions and familiarized
himself/herself with all existing conditions and all the limitations pertaining to the work herein
contemplated.
Section 1013 - Page 3
B. No additional compensation or time will be allowed because of the contractor's misunderstanding as
to the amount of work involved or his/her lack of knowledge of any of the conditions pertaining to the
work based on his/her neglect or failure to visit or make an examination of the site.
C. It is also expected that in the event that any of this specification or the drawings are not clear or in the
event there are any discrepancies, these will be brought to the attention of the Project
Designer /Architect during bidding so that a decision in writing can be rendered by the
ProjectDesigner /Architect before the bids are opened. Failure to clarify a discrepancy shall make the
contractor responsible for bidding the largest quantity, best quality, or most stringent requirement state
or implied by any of the contract documents.
1.12 CONTRACTOR'S RESPONSIBILITY
A. The whole of the work and everything pertaining thereto which is specified or reasonably implied in the
contract documents shall be the sole cost and risk of the contractor from its commencement until its
final acceptance by the owner. The contractor shall personally, or through an authorized
representative, constantly supervise the work and be at the site of the work during working hours or be
represented by them, and who shall have authority to act for the contractor. The contractor shall
employ only competent mechanics and workers on the project. Asbestos workers must be licensed in
the State of Minnesota.
B. The contractor shall cause the least possible inconvenience to the public, to the owner, and others in the
vicinity of this work. He /she shall not permit any materials, tools, equipment, waste excavation or
rubbish to be stored, deposited or thrown upon any private or adjoining grounds, nor cause or permi 0
to exist any unnecessary or unreasonable obstructions anywhere.
1.13 PROCEDURES AND PROTECTION
Precautions shall be taken to prevent injury to persons and property. The work shall be done in such a manner
and by such means as to cause no damage in the existing structures and so as not to interfere with the owner's
use of the premises. The contractor shall protect the grounds, fences, walks, curbs, pavements, building, and
all else from injury on account of this work and shall leave these, at the completion of his/her work in as good
condition as existed at the commencement of his/her work, except as otherwise specified.
1.14 CONTRACTOR USE OF PREMISES
A. The contractor shall limit his/her use of the premises to the work areas indicated. Confine operations
at the site to the areas permitted under the contract. Portions of the site beyond areas on which work
is indicated are not to be disturbed. Conform to site rules and regulations affecting the work while
engaged in project construction. The contractor's employees are to park their vehicles in areas
designated and follow existing parking rules and regulations.
B. Maintain the existing buildings in a safe and weather tight condition throughout the construction
period. Take all precautions necessary to protect the building structure and/or its occupants during th
construction Pe riod. is Section 1013 - Page 4
I�
C. Keep existing driveways and entrances serving the premises clear and available to the owner and his/her
employees at all times. Do not use these areas for parking or storage of materials.
D. Do not encumber the site with materials or equipment. Confine stockpiling of materials and location
of storage sheds to the areas indicated. If additional storage is necessary, the contractor shall obtain
such storage on -site with no additional payment by owner.
1.15 ALTERATIONS AND COORDINATION
The work of this contract includes coordination of the entire work of the project, and control of site utilization,
from beginning of construction activity through project close -out and warranty periods. Where applicable,
requirements of the contract documents apply to alteration work in the same manner as to new construction.
1.16 WORK PLAN
In compliance with Minnesota Rules 4620.3500, Subpart 4, Item A; submit a 12 -point plan of the procedures,
materials, and methods proposed for use in complying with the requirements of this specification. Include in
the plan the location and layout of decontamination areas, the sequencing of asbestos removal work, the
interface of trades involved in the performance of work, methods to be used to assure the safety of building
occupants and visitors to the site, disposal plan including name and location of EPA approved disposal site and
a detailed description of the methods to be employed to control pollution. Identify the extent and location of
each containment area. List specific removal methods proposed for each operation in every area of this
building. Identify measures to be taken to protect finishes that will not be redone or replaced as part of this
project. Expand upon the use of portable HEPA ventilation systems, closing out of the building's HVAC
system, method of removal to prohibit visible emissions in work area, and packaging of removed asbestos
debris. The plan must be approved by Project Designer /Architect and on -site Industrial Hygienist prior to
commencement of work.
1.17 POTENTIAL ASBESTOS HAZARD
A. The disturbance or dislocation of asbestos containing materials may cause asbestos fibers to be released
into the buildings atmosphere, thereby creating a potential health hazard to workers and building
occupants. Apprise all workers, supervisory personnel, contractors, subcontractors, and consultants
who will be at the job site of the seriousness or the hazard and of proper work procedures which must
be followed.
B. If asbestos materials are disturbed outside of a containment enclosure, close off the area, stop work, and
notify the owner, Project Designer /Architect, and the Industrial Hygienist.
1.18 STOP WORK
If the owner, Project Designer /Architect, or the on site Air Monitor (Environmental Technician) presents a
written stop work order, immediately and automatically stop all work. Do not commence work until
authorized in writing by the owner.
Section 1013 - Page 5
1.19 OWNER OCCUPANCY
The building is abandoned and will not be occupied throughout the work of this contract. Cooperate fully with
the owner to facilitate owner usage and access as agreed by all parties to all areas of all buildings. Limit
construction noise to levels acceptable to the owner.
1.20 CODE COMPLIANCE
A. The work to be performed and materials used shall conform in every respect to all requirements of
Federal, State, and local codes, ordinances, laws, rules, and regulations pertaining to such work. It is
the contractor's responsibility to check all requirements before bidding or performing the work.
B. Where these specifications may deviate from the most current edition and recent interpretation of
applicable codes or regulations, the contractor shall perform in accordance with the requirements of
the governing authority.
1.21 COORDINATION AND MEETINGS
A. Following receipt of the work plan and prior to the start of construction, the contractor or their
representatives shall attend a pre - construction conference chaired by the Project Designer /Architect
representative. The conference will serve to acquaint the participants with the general plan of contract
administration and requirements under which the construction operation is to proceed and also to
inform the contractor in detail of the obligations imposed on him/her. The date, time, and place of the
conference will be furnished to the contractor by the Project Designer /Architect. 9
B. The Project Designer /Architect shall schedule and hold project meetings as required at scheduled dates
and times. Required attendance includes each prime contractor and every other entity identified by any
prime contractor
as being currently involved in the coordination or planning for the work of the entire project.
Generally, these meetings will be held weekly unless job conditions, job progress, or special
circumstances indicate a greater or lessor frequency.
1.22 ADMINISTRATION AND SUPERVISOR PERSONNEL
A. Provide a full -time general superintendent who is experienced in administration and supervision of
asbestos abatement projects including work practices, protective measures for building and personnel,
disposal procedures, etc. This person is to be the competent person as required by OSHA, in 29 CFR
1926, for the contractor and is the contractor's representative responsible for compliance with all
applicable federal, state and local regulations, particularly those relating to asbestos containing
materials. This person must have completed a 40 hour course at an EPA training center or have an
equivalent certified course in asbestos abatement procedures which complies with AHERA. He /she is
also required to have a minimum of two (2) years on-the-job training and must meet any additional
requirements set forth in 29 CFR for a competent person.
Section 1013 - Page 6
B. Provide one foreperson for abatement crew. The foreperson must have completed a supervisory health
and safety training course offered by an EPA or OSHA endorsed educational institute. The foreperson
must also have a minimum of 12 months of on-the-job experience on asbestos abatement projects and
worked on a large scale project (cost over S50,000.00).
1.23 SPECIAL REPORTS
A. When an event of unusual a the site (example: failure of negative pressure
ual and significant nature occurs t e s g P
us g ( P
system, rupture of temporary enclosures), prepare and submit a special report listing chain of events,
persons participating, response by contractor's personnel, evaluation of results of effects and similar
pertinent information. When such events are known or predictable in advance, advise owner at the
earliest possible date.
B. Except as otherwise indicated, submit special reports directly to owner within one day of occurrence as
required, with a copy to the Project Designer /Architect and others affected by the occurrence.
1.24 CONTINGENCY PLAN
A. Prepare a contingency plan for emergencies including fire, accident, power failure, differential pressure
system failure, supplied air system failure or any other event that may require modification or
abridgement of decontamination or work area isolation procedures. Include in the plan specific
procedures for decontamination or work area isolation. Note that nothing in this specification should
impede safe exiting or provision of adequate medical attention in the event of an emergency.
B. Abatement contractor shall notify and post, in clean room of personnel decontamination unit,
telephone numbers and locations of emergency services including, but not limited to, fire, ambulance,
doctor, hospital, police, power company, telephone company.
1.25 ASBESTOS CONTAINING MATERIALS AND BUILDING PLANS
A. Asbestos containing materials are known to be present at the work site. Refer to the Asbestos Report
from EPI, and removal plans following this section as prepared by the Project Designer /Architect for
location and types of materials. If any other materials are found, which are suspected of containing
asbestos, notify the owner and the Project Designer /Architect immediately. If the materials found are
friable, restrict access to the affected area until corrective action is taken.
PART 2 - PRODUCTS (NOT APPLICABLE)
PART 3 - EXECUTION
3.01 SEQUENCE OF WORK - GENERAL
A. The construction schedule contained in this section has been approved by the owner for the project.
Any changes to this schedule must be submitted to the Project Designer /Architect and owner for
approval.
Section 1013 - Page 7
B. Simultaneous work in more than one enclosure is acceptable. Coordination with the air monitoring
firm for IH coverage will need to be arranged.
3.02 CONSTRUCTION SCHEDULE
A. The start date for all the work is , 1996, or earlier.
B. The work shall proceed in accordance with the following schedule, with the understanding that the
number of working days allowed is the maximum amount of time that the contractor will have to
perform asbestos removal work in that area. The approximate start and end dates are provided based
on most recent schedules. The start and end dates are subject to change; however, the number of
working days are fixed.
WORKING DAYS APPROXIMATE DATES
WORK AREA ALLOWED START END
A. Asbestos Abatement 21
B. All asbestos removal work must be fully completed within 21 working days (Monday through Friday)
from project start-up.
C. Failure to meet interim completion dates may result in the assessment of liquidated damages.
END OF SECTION 1013
Section 1013 - Page 8
SECTION 1020
ALTERNATES/UNIT COSTS
PART I - GENERAL
1.01 SUMMARY
This section specifies administrative and procedural requirements for alternates.
1.02 DEFINITION
A. The unit cost is an amount proposed by bidders and stated on the bid form additional work for the
construction activities that may be added to the base bid amount if the owner determining most
abatement construction may need to be completed.
1.03 NOTIFICATION
A. Immediately following the award of the contract, prepare and distribute to each party involved,
notification of the status of any extra work. Owner will indicate whether extra work will be completed,
rejected, or deferred for consideration at a later date.
1.04 SCHEDULE
A. A "Schedule of Unit Costs" is requested to be included at the end of this section. Unit costs shall be
actual billing costs for all benefits and materials.
PART 2 - PRODUCTS (NOT APPLICABLE)
PART 3 - EXECUTION (NOT APPLICABLE)
GENERAL
Unit Costs
Prices to include all costs of work or benefits and material to complete this phase of the project. These
costs may be used for additional work at the discretion of the owner.
Unit Costs
- Asbestos Supervision hourly rate
- Asbestos Worker hourly rate
- Asbestos Project Manager hourly rate
END OF SECTION 1020
Section 1020 - Page 1
Commissioner introduced the following resolution
and moved its adoption:
EDA RESOLUTION NO.
RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND
AUTHORIZING ADVERTISEMENT FOR BIDS FOR EDA ASBESTOS
ABATEMENT PROJECT AT 6550 WEST RIVER ROAD (PREMIER
MECHANICAL BUILDING)
WHEREAS, the Asbestos Hazard Emergency Response Act ( AHERA) requires
abatement and removal of certain asbestos - containing material in structures prior to demolition
of the structures; and
WHEREAS, the Asbestos Hazard Emergency Response Act provides that the
asbestos removal be conducted in accordance with provisions set forth in AHERA; and
WHEREAS, Environmental Process, Inc. (EPI) has prepared plans and
specifications in accordance with AHERA requirements; and
WHEREAS, the plans and specifications have been prepared under the direct
supervision of an asbestos certified designer; and
WHEREAS, the Brooklyn Center EDA desires to proceed with the asbestos
removal at the EDA -owned property at 6550 West River Road (Premier Mechanical building).
NOW, THEREFORE, BE IT RESOLVED by the Economic Development
Authority in and for the City of Brooklyn Center, Minnesota, that:
1. Said plans and specifications for the Premier Mechanical building asbestos
abatement as re ared b Environmental Process, cess Inc., P P are hereb
Y
Y
approved.
2. The deputy city clerk shall prepare and cause to be inserted in the official
newspaper an advertisement for bids for the asbestos abatement work in
accordance with the approved plans and specifications. The advertisement
shall be published in accordance with Minnesota Statutes shall specify the
work to be done and shall state the time and location at which bids will be
opened by the deputy city clerk and the EDA executive director or their
designees. Any bidder whose responsibility is questioned during
consideration of the bid will be given an opportunity to address the EDA on
the issue of responsibility. No bids will be considered unless sealed and filed
with the deputy city clerk and accompanied by a cash deposit, cashier's
check, bid bond or certified check payable to the city clerk for five percent
(5 %) of the amount of such bid.
EDA RESOLUTION NO.
3. All costs relating to the Premier Mechanical building asbestos abatement
project shall be charged to the Economic Development Authority special
operating fund.
Date President
The motion for the adoption of the foregoing resolution was duly seconded by commissioner
and upon vote being taken thereon, the following voted
in favor thereof:
and the following voted against the same:
whereupon said resolution was declared d my passed and adopted.
3
• Council Mcctmg Date 12 -11 -95
City of Brooklyn Center Agenda Item Number 3 C.
Request For EDA Consideration
Item Description: Resolution approving preliminary development agreement with Dave
Nelson to redevelop the northeast quadrant of 69th and Brooklyn Boulevard.
Department Approval:
Ronald A. Warren, Planning and Zomn Specialist
Manager's Review /Recommendation:
No comments to supplement this report Comments
below /attached
• Recommendation: It is recommended that the EDA approve the above resolution.
Summary Explanation: (supporting documentation attached )
A preliminary development agreement (copy attached) has been drafted and presented to Mr.
David Nelson for the purpose of negotiating a final development agreement for the
redevelopment p of the area at the northeast quadrant of 69th Avenue and Brooklyn Boulevard.
Mr. Nelson has reviewed the preliminary agreement and has indicated his willingness to sign
such document. The effect of this agreement would be that both parties would agree to
negotiate a definitive development contract between the parties based on the points listed in
the preliminary development agreement.
•
3�
Commissioner introduced the following resolution and
moved its adoption:
EDA RESOLUTION NO.
RESOLUTION APPROVING PRELIMINARY DEVELOPMENT AGREEMENT BY AND
BETWEEN THE BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY
AND DAVE NELSON
BE IT RESOLVED by the Board of Commissioners of the Brooklyn Center
Economic Development Authority (Authority) as follows:
Section 1. Recitals.
1.01. Dave Nelson (the "Developer ") has proposed to develop certain
property (the "Property ") within Housing Development and Redevelopment Project No. 1
( "Project ") and Tax Increment Financing District No. 3 ( "TIF District ") in the City of
Brooklyn Center, as described in the Preliminary Development Agreement by and between
the Authority and an entity to be designated by the Developer (The "Agreement "), which is
hereby incorporated herein.
1.02. The Developer and the Authority wish to consider the Developer's
proposal and negotiate the terms and conditions for the Authority to assist the Developer to
develop the Property.
1.03. During the period of time during which the Developer and the Authority
wish to negotiate the terms and conditions of the Authority's participation in the development
of the Property, the Authority and the Developer seek to protect their respective interests and
give their attention to one another in order to resolve any issued and matters that may arise
during the course of said negotiations.
1.04. A copy of the Agreement has been provided to the Board of
Commissioners of the Brooklyn Center Economic Development Authority.
Section 2. Adoption of Agreement.
2.01. The agreement is hereby approved and the President and the Executive
Director of the Authority are authorized to execute the Agreement on behalf of the
Authority.
2.02. The Executive Director is authorized to make any non - material
modifications to the final Agreement prior to execution by the President and the Executive
Director, including, without limitation, inserting the name of the entity designated by the
Developer as party to the Agreement.
2.03. This resolution is effective as of the date hereof.
•
RESOLUTION NO.
Approved by the Board of Commissioners of the Brooklyn Center Economic
Development Authority this day of ,
1995.
Date President
The motion for the adoption of the foregoing resolution was duly seconded by commissioner
and upon vote being taken thereon, the following
voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
• PRELIMINARY DEVELOPMENT AGREEMENT
THIS AGREEMENT, dated this _ day of , 199 by and between the
Economic Development Authority in and for the City of Brooklyn Center (the "Authority "), a
public body corporate and politic, and a
( "Developer "):
WITNES S ETH:
WHEREAS, the Authority desires to promote development of certain property within
Housing Development and Redevelopment Project No. 1 ( "Project ") and Tax Increment Financing
District No. 3 ( "TIF District ") in the City of Brooklyn Center, which property is described in
Exhibit A attached hereto ( "Property "); and
WHEREAS, the Developer has submitted a preliminary proposal for development of the
Property ( "Development "); and
WHEREAS, the Developer has requested the Authority to explore the use of tax
increment financing (TIF) to offset a portion of the Development cost, including costs of land
acquisition, site improvements, and utilities; and
• WHEREAS, the Authority has determined that it is in Authority's best interest that
Developer be designated sole developer of the Property during the term of this Agreement; and
WHEREAS, the Authority and Developer are willing and desirous to undertake the
Development if (i) a satisfactory agreement can be reached regarding the Authority's commitment
for public costs necessary for the Development; (ii) satisfactory mortgage and equity financing,
or adequate cash resources, for the Development can be secured by Developer; (iii) the economic
feasibility and soundness of the Development and other necessary preconditions have been
determined to the satisfaction of the parties; and (iv) the Property can be acquired by the
Developer, or by the Authority for conveyance to the Developer in accordance with terms to be
established by agreement of the parties.
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and
obligations set forth herein, the parties agree as follows:
1. Negotiations between the parties shall proceed in an attempt to formulate a
definitive development contract ( "Contract ") based on the following
(a) Developer's current proposal which shows the scope of the proposed
Development in its latest form as of the date of this Agreement, together with any
changes or modifications required by the Authority;
• (b) a mutually satisfactory Contract to be negotiated and agreed upon in
accordance with negotiations contemplated by this Agreement;
DjG96012
BR305 -1 1
® (c) such documentation regarding economic feasibility of the Project as the
Authority may wish to undertake during the term of this Agreement; and
(d) other terms and conditions of this Agreement.
2 It is the intention of the parties that this Agreement (a) documents the present
understanding and commitments of the parties and (b) will lead to negotiation and execution of
a mutually satisfactory Contract for the Development prior to the termination date of this
Agreement. The Contract (together with any other agreements entered into between the parties
hereto contemporaneously therewith) when executed, will supersede all obligations of the parties
hereunder.
3. During the term of this Agreement, Developer agrees to:
(a) Submit to the Authority a design proposal to be approved by the Authority
showing the location, size, and nature of the proposed Development, including floor
layouts, renderings, elevations, and other graphic or written explanations of the
Development. The design proposal shall be accompanied by a proposed schedule for the
starting and completion of all phases of Development.
(b) Submit an over -all cost estimate for the design and construction of the
Development.
•
(c) Submit a time schedule for all phases of the Development.
(d) Undertake and obtain such other preliminary economic feasibility studies,
income and expense projections and such other economic information as the Developer
may desire to further confirm the economic feasibility and soundness of the Development.
(e) Submit to the Authority the Developer's financing plan showing that the
proposed Development is financially feasible.
(f) Furnish financial data satisfactory to the Authority evidencing Developer's
ability to undertake the Development.
(g) Submit evidence of any person or entity who will undertake the
Development in association with or as successors to the Developer.
4. During the term of this Agreement, the Authority agrees to:
(a) Proceed to seek all necessary information with regard to the anticipated
public costs associated with the Development.
• (b) Estimate the Authority's level and method of financial participation in the
Development and develop a financial plan for the Authority's participation.
WG96012
BR305 -? 2
5. It is expressly understood that execution and implementation of a Contract shall
be subject to:
(a) A determination by the Authority that its undertakings are feasible based
on (i) the projected tax increment revenues and any other revenues designated by the
Authority: (ii) the purposes and objectives of the Authority's Redevelopment Plan for the
Project and Tax Increment Financing Plan for the TIF District; and (iii) the best interest
of the Authority.
(b) A determination by Developer that the Development is feasible and in the
best interests of the Developer.
6. This Agreement is effective for a term ending 180 days from its date, unless
extended by mutual agreement of the parties.
7. This Agreement may be terminated upon 10 days' written notice by the Authority
to Developer if:
(a) an essential precondition to the execution of a contract cannot be met; or
(b) an impasse has been reached in the negotiation of any material term or
condition of this Agreement; or
(c) the Authority determines that its costs in performing under this Agreement
will exceed $10,000.
8. Developer is designated as sole developer of the Property during the term of this
Agreement.
9. In the event that the Developer, its heirs, successors or assigns, fail to comply with
any of the provisions of this Agreement, the Authority may proceed to enforce this Agreement
by appropriate legal or equitable proceedings, or other similar proceedings, and the Developer,
its heirs, successors or assigns, agree to pay all costs of such enforcement, including reasonable
attorneys' fees.
10. If any portion of this Agreement is held invalid by a court of competent
jurisdiction, such decision shall not affect the validity of any remaining portion of the Agreement.
11. In the event any covenant contained in this Agreement should be breached by one
party and subsequently waived by another party, such waiver shall be limited to the particular
breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent
breach.
12. Notice or demand or other communication between or among the parties shall be
sufficiently given if sent by mail, postage prepaid, return receipt requested or delivered
personally:
DJG96012
BR305 -1 3
(a) As to the Authority: 6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
Attn: Executive Director
(b) As to the Developer:
13. This Agreement may be executed simultaneously in any number of counterparts,
all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed
in its name and behalf and its seal to be duly affixed hereto and the Developer has caused this
Agreement to be duly executed as of the day and year first above written.
BROOKLYN CENTER
ECONONIIC DEVELOPMENT AUTHORITY
By. By:
Its: President
B By .
Its: Executive Director
THIS INSTRU\1ENT WAS DRAFTED BY:
Kennedy & Graven, Chartered
470 Pillsbury Center
Minneapolis, MN 55402
(612) 337 -9300
WG96012
BR305 -1 4
• EXHIBIT A
DESCRIP'T'ION OF PROPERTY
An area bounded by 69th Avenue on the south, Brooklyn Boulevard on the west, 70th Avenue
on the north, and the property boundary between June and Indiana Avenues on the east, all in
the City of Brooklyn Center, Hennepin County, Minnesota
•
W 96012
3a'os -1 A -1
Council Meeting Date 12/11/95
3 City of Brooklyn Center Agenda Item Nwnber
Reque For Council Consideration
• Item Description:
Heritage Center Report
Department Approval:
i
Cam Andre, Interim City Manager
Manager's Review/Recommendation:
No comments to supplement this report Comments below /attached X1,
Recommended City Council Action:
Summary Explanation: (supporting documentation attached YES )
• The report of the Community D evelopment n Brown Heritage Center i
po y evelop ent Departure t on the Earle o s the
product of intensive work by the staff of the Center and the Finance Department. We have met to
discuss suggestions and observations relating to the improvement of the Center operations and to
develop the plan of action.
It is important to have Council direction to develop a plan for the implementation of the changes
contemplated. Such a plan will require approximately one year to complete. The goal and objective
is to produce a program that is self - sufficient financially. That is important!
•
MEMORANDUM
• Date: December 8, 1995
To: Mayor and Councilmembers
City Manager
Department Heads
From: Brad Hoffman, Community Development Director
Subject: Heritage Center Report
The Heritage Center Report that was sent to you yesterday had a typographical error on page
8. I am enclosing a corrected page 8.
I apologize for the inconvenience.
•
I
5
Recap of Options
Revenue
a. Inn rates (increase) $15,000
b. Convention Center meeting package (increase) 35,000
c. Lodging tax
1. City's 3% dedication of new hotel/motel* 60,000
d. Property tax (transfer) 65,000
Reorganization $119,268
Cost Reduction
a. Advertising
1. Tourism Bureau contract $50,000
2. Agency fees
20,000
*By 1999, this number could range from $60,000 to $80,000, assuming the proposed hotel is built.
Heritage Center Report 8
Heritage Center Report
Focus on Finances
Prepared for
Brooklyn Center City Council
by
G. Brad Hoffman, Community Development Director
December 11, 1995
Introduction
The Earle Brown Heritage Center (Brooklyn Farm) is Brooklyn Center's most significant
historic landmark. Minnesota Statutes Section 138.644, Subd. 11, declared the Heritage
Center a state historic site because of its association with Earle Brown and because of the
distinctive nature of the buildings and the site. Even today, the Heritage Center is one of the
best known landmarks in all of northwest Hennepin County. The farm has represented the
cultural and historic center of Brooklyn Center since the community's beginnings.
In 1984, the City Council made a determination to acquire the remaining buildings and
preserve them. A citizens task force was established to look at different uses for the buildings.
Initially, the EDA accepted development proposals from the private sector for the site. Only
one proposal was submitted and was subsequently rejected. The task force spent
approximately two years considering different development concepts. The concepts that were
considered included a senior center, retail space, office space, senior housing, as well as the
present inn, office and multi - purpose center.
The current use was selected because it was believed to offer the best potential to generate
revenue sufficient enough to offset operating costs. It was also selected because it made the
farm open to the greatest number of people and it created a metro -wide attraction to Brooklyn
Center.
The Heritage Center has now been open for five years. While there has been tremendous
growth in the use of the facility, revenues have not overcome operational expenses. The
principal problem is one of size, according to the Marquette Partners' management study.
The facility requires a minimum level of staffing to service the events being held. The same
minimum level of staffing could adequately service larger events if the space was available.
Each year the Heritage Center has been open, there has been a significant change to the
operation of the facility. For the most part, these changes have closed the gap between
revenue and expense. The Earle Brown Heritage Center, as currently organized and operated,
at very best might come close to break -even some years only. It will not be able to sustain a
positive cash flow position. The ongoing maintenance of the facilities will vary considerably
from year to year, and such fluctuations will make it difficult to operate consistently in the
black.
This report is intended to provide the Council /EDA with options to close the gap between
revenue and expenditures. Areas considered in this report include possible expenditure
• reductions, potential revenue increases, other non - property tax revenue sources and
reorganization.
Heritage Center Report 2
2
Revenue Increases
THE INN ON THE FARM
The Inn on the Farm has been recognized as one of the ten best inns in the United States. At
the same time, it is one of the most reasonably priced facilities of its type. The current
weekday corporate rate is $70 per night. An increase to $80 per night would still keep the Inn
competitive with its competition (primarily the Holiday Inn). Also, an increase for individual
rooms from $100/120 per night to $120/140 per night at a 70% occupancy would generate an
additional $15,000 per year.
The Inn has been experiencing occupancy rates in excess of 70% in 1995. A rate increase
would generate additional revenue without a corresponding increase in expenditures.
CONVENTION CENTER
At the Convention Center, the current direction is to offer a "complete meeting package".
This is becoming more of the norm within the industry. A meeting package is simply a price
per person for room, AV equipment and meals. Meeting planners prefer the package as
opposed to a bill for the room, for food, and for AV equipment being billed separately. It is a
defined package with some variables. Currently, the Heritage Center is priced at $35 per
person. Riverwood, the Radisson South, the Northland Inn and Scanticon are all priced
significantly higher. Raising the meeting package by $7 will generate approximately $35,000
and the Heritage Center's package price would still be lower than its major competition.
OTHER REVENUE SOURCES
Brooklyn Center currently imposes a six percent room tax on all hotels and motels. In 1994,
the tax generated $421,014, of which the Convention Bureau received $199,982. In 1995, I
would estimate the tax to be $442,000, of which the tourism bureau will receive
approximately $210,000 with the balance going to the City's general fund.
In 1995, a new 60 unit motel has come on line. In addition, I anticipate the construction of a
70 to 100 unit suites hotel to be on line in 1997. The Comfort Inn should generate $40,000 to
$43,000 annually. The proposed new hotel should generate $80,000 to $120,000 annually.
The Council /EDA has two options it can consider. First, the City's three percent room tax it
receives from the new hotel and the proposed hotel could be dedicated to the Heritage Center.
Assuming the new hotel is built, by 1999, the revenue generated would be between $60,000
and $80,00 annually. The positive side of this is that it would provide steady, annual non-
property tax revenue. The revenue could stabilize the Heritage Center from fluctuations due
primarily to capital outlay and probably generate sufficient funds to pay off its operating debt
Heritage Center Report 3
an
d, over time, build reserves to deal '
with long-term capital expenditures enditures th
g p p at eventually will
be needed at the Heritage Center. The down side of this proposal is the general fund would be
deprived of the revenues for other uses.
Second, the Tourism Bureau, by virtue of Minnesota Statutes Section 469.190, must use its
tax for the purpose of marketing the City as a tourist or convention center. In 1995,
promotional - related expenditures totaled almost $92,000. The City has an operating
agreement with the Tourism Bureau to undertake such promotional activities. With the new
hotels on line, the Tourism Bureau will receive approximately $240,000 to $270,000 by 1998.
The City could renegotiate its contract with the Bureau to provide up to $50,000 in
convention - related ads featuring the Heritage Center. If the Tourism Bureau agreed to placing
such ads, the Heritage Center could reduce its advertising budget by a corresponding amount.
If the Tourism Bureau was not inclined to renegotiate its contract, the City would have the
option to withdraw from the Bureau and start its own bureau. If that route were selected, the
City must give notice to the Bureau by June 30 to be effective December 31, 1996. The City
could also elect to decline this option. Dependent upon a new contract, this option transfers
approximately 55% of the Heritage Center's advertisement budget to the Tourism Bureau.
TAx
One option the City /EDA could consider would be the transfer of the property taxes paid by
the Heritage Center back to the operation. Currently, the Heritage Center pays approximately
$65,000 in property taxes which go to the Earle Brown TIF district. This option would last
only for the life of the TIF district. This option, while it does provide a significant reduction
in expenditures, does not address the long -term needs of the Heritage Center. It would
require an administrative charge by the EDA with a subsequent pass through to the Heritage
Center.
Heritage Center Report 4
e
3
Reorganization
The catering operation represents the single largest opportunity to reduce the overall expenditures
at the Heritage Center. Today, there are two different entities working out of the facility.
D'Amico's manages the catering operation owned by the EDA. Last year, D'Amico's was paid
$140,143 in various fees. With the presence of the two entities on site there is a great deal of
duplication of efforts including administration, contract production, sales and billing. As currently
organized, customers deal with two different people for food and room and they receive two
different bills which tends to give the appearance that the Heritage Center is more expensive than
its competition. It is also cumbersome and confusing to clients.
A facility operated by a food and beverage manager would provide:
• On -site management and decision making over food production
• Eliminate duplication of costs including sales, finance and operations
• More customer service oriented (i.e., less confusing, one contract, one check)
• Create staff accountability to the facility as a whole
. • Provide significant cost savings
By reorganizing the catering operation, the Heritage Center will realize an overall reduction in
staff size. At the same time, the reorganization will provide better use of existing personnel. For
example, salespeople will focus on marketing the facility only. Currently, the salespeople not only
market the Center, they also service the client through the event. In fact the coordinate al
g y 1
details of the event. Other duplication can also be reduced in labor costs with event setup done by
combining he two labor pools. The direct cost reduction duction with reorganization P g anon would be
$119,268.
Eliminate
a. Management fee $112,510
b. 2 catering sales position 65,216
c. 1 chef position 33,012
d. Purchasing agent 10,141
e. Clerk typist 7,910
f. Accounting fee 13
Subtotal $242,109
e
Heritage Center Report 5
Add
. a. Food/beverage director* ($57,625)
b. Two (2) conference service coordinator positions* 21
Subtotal ($122,841)
Total Reorganization Gain $119,268
*Salaries include benefits.
The conference service coordinator positions would:
• Operate as event manager
• Act as primary source of contact for all events (catering and facility)
• Assist with scheduling of decorators, security, entertainment, etc.
Adding the positions would:
• Provide continuity with client regarding details of events
• Allow better, more efficient use of sales staff
• Provide better control over client requests for room changes and additional free
services
• Keep higher paid staff positions down in number
• Provide on -site technical expertise during an event
• Process billings faster; better cash flow
Reorganization would require the EDA to hold an on sale liquor license. D'Amico's holds the
license at this time. Minnesota Statutes Section 340A.601, Subd. 5, allows a municipality to
issue a license only to a hotel, restaurant or club. The City's liquor ordinance defines a hotel as an
establishment where lodging is provided with no less than 100 rooms. A restaurant is defined as
having a seating capacity for no less than 150 people at one time. The reorganization assumes
that the Heritage Center operates a hotel and/or a restaurant to meet the state statutory
requirement.
It should be noted that there would be some costs associated with the reorganization. Some of
the costs would include several new computers, as well as other items yet to be identified. If the
Council wants to pursue this option, it would be necessary for staff to develop a full
implementation plan (business plan). An implementation plan would include a schedule for our
takeover of the catering management. It would also include a detailed cost analysis of the
takeover expense and revenue potentials.
Heritage Center Report 6
4
Cost Reduction
ADVERTISING COST REDUCTIONS
The Heritage Center retains a full -time advertising agency. We have identified our most
productive ads. In the future, an agency would be used only for the development of a specific ad.
Staff currently produces much of the work in the ads. By moving the work in- house,
expenditures would be reduced by $20,000.
INTEREST
Assuming the Council/EDA wishes to pursue the reorganization of the Heritage Center and
catering and it is successful, it is estimated that interest rates could be reduced as much as $7,000.
•
Heritage Center Report 7
•
5
Recap of Options
Revenue
a. Inn rates (increase) $15,000
b. Convention Center meeting package (increase) 35,000
c. Lodging tax
1. City's 3% dedication of new hotel/motel* 60,000
d. Property tax (transfer) 65,000
Reorganization $117,268
Cost Reduction
a. Advertising
1. Tourism Bureau contract $50,000
2. Agency fees 20,000
*By 1999, this number could range from $60,000 to $80,000, assuming the proposed hotel is built.
Heritage Center Report 8
•
6
Recommendations
It is staff's recommendation that the Inn's rate increase and the new meeting package increase be
implemented as soon as possible. It is also recommended that the agency fees for advertising be
deleted and that staff be directed to renegotiate the current Tourism Bureau contract. If
implemented, the gap between revenue and expenditures could be closed by approximately
$120,000.
It is also recommended that the three percent the City will receive from the lodging tax from the
new motel (Comfort Inn) and the proposed hotel be dedicated to the Convention Center, much
the same as other communities do. However, the money should be used primarily for debt
reduction and to build a reserve fund to offset large capital expenditures at the Heritage Center.
Finally, the Council should direct staff to bring forward a plan to reorganize the catering operation
at the Heritage Center. This area of operation offers the single largest opportunity to make the
Heritage Center profitable and needs to be considered.
•
Heritage Center Report 9
EBHC EXISTING ORGANIZATION CHART
General Manager
Innkeeper S..iW' Director Operations GM Mgmt. Contract
(DOS) Director D'Amico Catering
. . ... . .. . ........ . ..... ..... ..... . .... .
. . ..... ................... A -A .. . . . . ...........
.. ... .........
Asst. Innkeeper Sales M r . . ....... Maintenance S al
ales*Wgr 6
' heF Service
3 1 P� 1 2 Mgr.
.. ........
Head Housekeeper Hostess(s) Night Pt. Maint. ....... ... Receptionist ............. .......... --1 ...................... ............. . . ..... ......... J .......... --- - --------- ----- ----
Audldor(s) S ---
- ------
Walista
min Pr ff Barstaff
Staff
S upp ort KI, S a
Pastry Chef
Sous Chef
Housekeeper ... . ... . . .......... .... .... .... . .. ....... ...... --- ---- . ...... - ...... ...... ...... . ...... ... ....... . ..... . . . . . .............. . .. [ .. . ...... . .....
Painter Pt. Admln ward(s)
Suppport
.................. ... .. ................ ... . ............ ...........
EBHC PROPOSED ORGANIZATION CHART
Oenarel
Manager
Fiosnce Receptionist Ave
Ccatmuer s�aP
Sales Director Operations FIB Director Innkeeper
(DOS) Director
Sales Mgrs Maintenance Conf Svc Coord Svc Mgr Chef Asst. Innkeeper
Sales Support Pt. Maint. Crew Chief EFven`t Coord Production Hostess Housekeepers
L_ _�_......
Painter Crew /Janitor IN aItstaff Barstaff Steward
NghtAudkor
,i