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HomeMy WebLinkAbout1994 09-12 EDAP Regular Session EDA AGENDA CITY OF BROOKLYN CENTER SEPTEMBER 12, 1994 (following adjournment of City Council meeting) 1. Call to Order r F ._ 2. Roll Call 3. Approval of Agenda and Consent Agenda -All items listed with an asterisk 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 in its normal sequence on the agenda. 4. Approval of Minutes: * a. August 22, 1994 - Regular Session 5. Discussion Item: a. 1995 City Manager's Preliminary EDA Budget and Preliminary EDA Property Tax Levy 1. Resolution Requesting the City of Brooklyn Center to Levy Taxes for the Benefit of the Brooklyn Center Economic Development Authority for the Year 1995 ; 2. Resolution Approving the Preliminary Brooklyn Center Economic Development Authority Budget for the Year 1995 Pursuant to MSA Chapter 469.107, Subdivision 1 :a 6. Resolutions: * a. Accepting Quotations and Authorizing President and Executive Director to Enter Into Contract for Demolition of the EDA Owned Properties at 6933 Brooklyn Boulevard and 5900 Emerson Avenue North * b. Approving One (1) Brooklyn Center Economic Development Authority Deferred Loan (File No. H -123 [8049])'' * C. Approving One (1) Brooklyn Center Economic Development Authority Deferred Loan (File No. H -124 [8050]) * d. Approving One (1) Brooklyn Center Economic Development Authority Deferred Loan (File No. H -125 [8051]) 7. Adjournment Council Meeting Date September 12, 1994 3 City of Brooklyn Center Agenda item Numbe, Request For Council Consideration • Item Description: EDA Minutes - August 22, 1994 - Regular Session Department Approval: Brad 14b ff , Director of Community Dev6f#ment Manager's Review/R No comments to supplement this report Comments below /attached Recommended City Council Action: • Summary Explanation: (supporting documentation attached ) MINUTES OF THE PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CEYMR IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 22, 1994 CITY HALL CALL TOO DER The Brooklyn Center Economic Development Authority (EDA) met in regular session and was called to order by President Todd Paulson at 8 :37 p.m. R CALL President Todd Paulson, Commissioners Celia Scott, Dave Rosene, Barb Kalligher, and Kristen Mann. Also present were City Manager Gerald Splinter, Director of Public Services Diane Spector, City Engineer Mark Maloney, City Attorney Charlie LeFevere, and Council Secretary Barb Collman. APPROVAL OF AGENDA AND CONSENT AGENDA President Paulson inquired if any Commissioner requested any items be removed from the consent agenda. No requests were made. There was a motion by Commissioner Mann and seconded by Commissioner Kalligher to approve the August 22, 1994, FDA agenda and consent agenda as presented. The motion passed unanimously. RESOLUTIONS RESOLUTION N® 94-37 Commissioner Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION CREA'T'ING A SALES DIRECTOR POSITION FOR EARLE BROWN HERITAGE CENTER The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Barb Kalligher, and the motion passed unanimously, 8/22/94 - I - RESOLUTION NO 94-38 Commissioner Kristen Mann introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING RENOVA OF MORGAN AND BELGIAN MEETING ROOMS AND AMENDING THE 1994 EARL,E BROWN HERITAGE CENTER BUDGET The motion for the adoption o f the foregoing resolution was duly seconded by Commissioner Barb Kalligher, and the motion passed unanimously. APF ROyAL OF ZZZIUS 9I�G TAT 8 1994 - REQ1MA ESSION There was a motion by Commissioner Scott and seconded by Commissioner Mann to approve the minutes of the August 8, 1994, EDA meting as printed. The motion passed. Commissioner Rosene and Commissioner KalIigher abstained. AD JOUg mENT There was a motion by Commissioner Kalligher and seconded by Commissioner Mann to adjourn the meeting. The motion passed unanimously. The Brooklyn Center Economic Development Authority adjourned at 8:38 p.m. Todd P aulson, President Recorded and transcribed by: Barb Collman TimeSaver Off Site Secretarial 8122/94 - 2 Council Meeting Date J/la /9 31 City of Brooklyn Center Agenda Item Number -rte Request For Council Consideration • Item Description: 1995 City Manager's Preliminary E.D.A. Budget and Preliminary E.D.A. Property Tax Levy Department Approval: - Gerald G. rater, City Manager ,_ � Y Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: I recommend your favorable consideration of the attached resolutions establishing the E.D.A.'s preliminary budget and preliminary property tax levy. • Summary Explanation: (supporting documentation attached ) The E.D.A. is limited by state law to a property tax levy of no more than 0.01813% of the City's taxable market value. Last year, the City levied $10,000 less than this maximum amount. For 1995, we recommend levying the maximum which will raise $140,592 less $4,216 for the 3% estimated uncollectible allowance, for a net revenue of $136,374. The E.D.A. will also receive a variety of other revenues as shown on the attached budget summary. The E.D.A. is the City's primary vehicle for carrying out housing programs and economic redevelopment. Member introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION REQUESTING THE CITY OF BROOKLYN CENTER TO LEVY TAXES FOR THE BENEFIT OF THE BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY FOR THE YEAR 1995 WHEREAS, Minnesota statutes currently require certification of a preliminary tax levy to the Hennepin County Auditor on or before September 15, 1994 and a final tax levy on or before December 28, 1994. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority of the City of Brooklyn Center as follows: Section 1: That the Economic Development Authority requests the City of Brooklyn Center to levy a property tax for the benefit of the Economic Development Authority, for the year 1995 at a rate not to exceed 0.01813% of taxable property, real and personal, situated within the corporate limits of the City of Brooklyn Center, Minnesota and not exempted by the Constitution of the State of Minnesota or the valid laws of the State of Minnesota, for the purpose of maintaining the E.D.A. Special Operating Fund pursuant to MSA Chapter 469.107, Subdivision 1. Section 2: The City f Brooklyn y oo yn Center will include the Economic Development Authority's tax levy in the City of Brooklyn Center's preliminary tax levy to the Hennepin County Auditor on or before September 15, 1994, and a final tax levy on or before December 28, 1994. Date President The motion for the adoption of the foregoing resolution was duly seconded by member 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. J G�� Member introduced the followin g resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY BUDGET FOR THE YEAR 1995 PURSUANT TO MSA CHAPTER 469.107 SUBDIVISION 1 WHEREAS, the Brooklyn Center Economic Development Authority has considered the attached preliminary budget and finds that this budget is necessary for the operation of the Brooklyn Center Economic Development Authority during the year 1995. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority for the City of Brooklyn Center that the attached budget of the Economic Development Authority for said City is hereby approved. BE IT FURTHER RESOLVED that a copy of this resolution, together with the attached budget, be submitted to the City Council of the City of Brooklyn Center. Date President The motion for the adoption of the foregoing resolution was duly seconded by member 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. ECONOMIC DEVELOPMENT AUTHORITY SPECIAL OPERATING FUND Prelimina ry 1995 Budget POLICIES: + To preserve the vitality of the City's neighborhoods and maintain a high level of resident satisfaction with the City's housing and related services and to maximize the quality of the City's existing housing stock through programs of selected redevelopment and rehabilitation. + To encourage the continual updating and redevelopment of the City's commercial areas to keep them attractive and competitive and encourage the location of new businesses. + To encourage the preservation and expansion of the City's industrial base. PURPOSE: The purpose of the Economic Development Authority is to preserve and improve the City's neighborhoods so that there continues to be a high level of resident satisfaction with City neighborhoods and housing. Additionally, the EDA will work to undertake such programs and policies that will assist in the development of the City's industrial commercial and retail businesses to maintain the City's regional position with regard to these businesses. ACTIVITIES: Percent of Budget STAFFING: Administration 17% 1.00 Community Develop. Director Redevelopment 43% 1.00 Community Develp. Specialist Rehab of Private Property 25% 0.60 E.D.A. Secretary Special Studies /Projects 8% 0.05 Building Inspector Apartment Operations 7% 0.05 Community Develop. Recept. 100% 2.70 Full -time Equivalents Actual Actual Adopted Requested Budget 1992 1993 1994 1995 REVENUES: Property Taxes - E.D.A. Levy $0 $140,751 $131,894 $140,592 Less: 3% Uncollectible 0 0 (2,638) (4,218) Net Property Taxes $0 $140,751 $129,256 $136,374 Homestead Credit 0 34,792 36,483 36,483 Transfer from H.R.A. Fund 142,859 137,986 139,360 136,960 Investment Earnings 125,917 86,965 100,000 62,500 C.D.B.G. Revenue 251,747 240,781 235,627 261,194 Apartment Rent 5,010 26,785 15,000 3,600 Other 11,558 0 0 0 Total $537,091 $668,060 $655,726 $637,111 EXPENDITURES: Personnel $100,211 $152,008 $152,026 $152,973 Supplies 754 829 1,600 1,729 Legal& Professional 71,669 119,485 70,500 88,600 Repairs & Maintenance 112,086 74,552 141,800 144,877 Contractual Services 22,557 67,003 29,610 44,040 Vehicle Services 0 0 2,000 3,405 Taxes 2,363 59,977 16,150 16,700 Capital Outlay 166,167 606,531 208,765 134,000 Relocation Assistance 0 6,500 0 24,000 Other 2,821 15,080 33,275 26,787 Total $478,628 $1,101,965 $655,726 $637,111 Staffing (FTE) 1.6 2.6 2.6 2.7 Council Meeting Date 9/12/94 3 City of Brooklyn Center Agenda Item Numbe Request For Council Consideration ® Item Description: ACCEPTING QUOTATIONS AND AUTHORIZING PRESIDENT AND EXECUTIVE DIRECTOR TO ENTER INTO CONTRACT FOR DEMOLITION OF THE EDA OWNED PROPERTIES AT 6933 BROOKLYN BOULEVARD AND 5900 EMERSON AVENUE NORTH Department Approval: Tom ublitz, Community Develo ment Specialist Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: Summary Explanation: (supporting documentation attached Yes ) Invitations to submit proposals for the demolition of 6933 Brooklyn Boulevard and 5900 Emerson Avenue North were sent to five demolition contractors. The contractors to which invitations were sent are as follows: Carl Bolander and Sons Company, Veit & Company, Inc., Kevitt Excavating, Inc., Doty and Sons, Inc., and Bel Air Excavating. Two quotations were received for the demolition of the properties. The quotations were submitted on a lump sum basis for both properties. The quotes received were from Veit & Company, Inc., in the amount of $12,833 and Doty and Sons, Inc., in the amount of $12,800. Doty and Sons, Inc., have performed demolitions for the City in the past and staff recommends acceptance of their quote for demolition of these properties. In addition to a resolution accepting the quotation, a copy of the demolition specifications and contract is also included with this request form. Recommendation: Staff recommends approval of the Resolution Accepting Quotations and Authorizing President and Executive Director to Enter Into Contract for Demolition of the EDA Owned Properties at 6933 Brooklyn Boulevard and 5900 Emerson Avenue North. • SPECIFICATIONS FOR STRUCTURE DEMOLITION 5900 EMERSON AVENUE NORTH and 6933 BROOKLYN BOULEVARD BROOKLYN CENTER, MINNESOTA INSTRUCTIONS TO CONTRACTORS 1. Quotations will be received by the Brooklyn Center Economic Development Authority (owner) at: Brooklyn Center Economic Development Authority Attention: Tom Bublitz City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 until 4:30 p.m., on September 6 1994 for structure demolition at 5900 Emerson Avenue North and 6933 Brooklyn Boulevard Brooklyn Center, Minnesota. 2. Each contractor shall carefully examine specifications and fully inform himself of the nature, location and conditions under which the work is to be performed, and if awarded a contract, shall not be allowed extra compensation because of failure to have so informed himself. Contractors shall not rely upon statements or representations of officers or employees of the owner with reference to the site or the conditions of the work. Contractors are invited to visit and inspect the sites. Contact Tom Bublitz, Community Development Specialist, at 569 -3433 to arrange a visit. 3. Work under this contract shall be completed b October 21, 1994 4. Quotations shall be submitted on the Proposal Form included with these specifications. GENERAL CONDITIONS 1. ACCEPTANCE OF PROPOSAL The Brooklyn Center Economic Development Authority reserves the right to accept or reject any or all proposals wherein the acceptance or rejection of such would be in the best interests of the Brooklyn Center Economic Development Authority. 2. QUALIFICATIONS OF CONTRACTOR The successful contractor mad need to submit the following qualifications statement which will include the following: a. To demonstrate his /her qualifications for the project, each contractor may be required to submit written evidence that the contractor involved: 1. Maintains a permanent place of business. 2. Has adequate equipment to do the work properly. 3. A financial statement or letter of credit from a financial institution showing the contractor has financial resources to meet all obligations stated herein. 4. A statement declaring that the contractor is licensed in the State of Minnesota as required for demolition work. b. Experience - Name and location of at least three (3) projects completed in the last 3 years. Project references shall be accompanied by the name, address, and telephone number of the purchaser of the services. At least two (2) of the above type projects referenced shall have included city or public projects. 3. PERFORMANCE BOND The contractor shall be required to furnish a performance bond in the full amount of the contract award within ten (10) days of the contract award and prior to the commencement of work. 4. INSURANCE Prior to commencement of work under this contract, certificates of all insurance, in an acceptable form (ACORD) to the Brooklyn Center Economic Development Authority, shall be submitted by the contractor. -2- A. Liability Insurance 1) Required insurance and amounts as follows: a. Commercial General Liability, including the following: Premises /Operations Coverage Products/Completed Operations Independent Contractors Liability Contractual Liability Coverage, to comply with Indemnification Agreement under Section D Indemnification. Limits of Liability shall not be less than: $1,000,000 Each Occurrence $2,000,000 General Aggregate $2,000,000 Products /Completed Operations Aggregate Combined Single Limits for Bodily Injury and Property Damage Liability b. Business Automobile, including the following: All Owned Automobiles Hired Automobiles Employer's Nonownership Liability Limits of Liability: $1,000,000 Each occurrence combined single limit for o bodily injury and proper damage. Y J rY P P � Y g Statutory for personal injury protection C. Workers Compensation coverage to include 1 p g al employees and employees of an n y s ubcontractor should such subcontractor not carry Workers' Compensation insurance. Limits of Liability shall not. be less than: Coverage A: Statutory Coverage B: Bodily Injury by Accident $100,000 Each Accident Bodily Injury by Disease $100,000 Each Person $500,000 Policy Limit 2) The policy shall be a standard form policy provided for by a carrier with -3- certificate of authorization by the State of Minnesota and shall not contain any exclusions that will restrict coverage on any operations performed by this contractor or any subcontractor thereof. 3) The policy or policies shall afford contractual liability coverage to provide coverage for the Indemnification Agreement set out in Section D Indemnification. 4) It is a condition of the contract that the policy or policies waive any or all governmental immunity as a defense in any action brought against the insured or any other party to the contract, up to policy limits. 5) Acceptance of the insurance by the Brooklyn Center Economic Development Authority (EDA) shall not in any way relieve or decrease the liability of the contractor hereunder, and it is expressly understood that the EDA does not in any way represent that the above specified insurance or limits of liability are sufficient or adequate to protect the contractor's interest or liabilities. 6) In the event of cancellation or nonrenewal of any of the policies, the company issuing the Certificate of Insurance shall provide 30 days prior written notice to the EDA, and all wording that limits this requirement shall be eliminated. Failure to do so shall impose obligation and /or liability upon the issuing company. Certificate of Insurance forms shall be drafted or altered to reflect these conditions. B. Deductibles All responsibility for payment of sums resulting from any deductible provision, corridor or self - insured retention conditions of the policy or policies shall remain with the contractor. C. Errors and Omissions Any insurance agent that provides coverage for this contract shall have in force Errors and Omission coverage with limits of not less than $1,000,000 occurrence and $1,000,000 aggregate. D. Indemnification The contractor shall indemnify and hold harmless the Brooklyn Center Economic Development Authority, the City, its elected officials, commissioners either elected or appointed, officers, agents and /or employees from and against all claims, damages, losses or expenses, including attorney fees, for which they may be held liable, arising out of or resulting from the assertion against them of any claims, -4- debts or obligations resulting from or arising out of directly or indirectly, the performance of this contract by the contractor, his employees, agents or subcontractors. 5. EQUAL OPPORTUNITY The contractor agrees that during the life of the contract he will not discriminate within the United States of America and the State of Minnesota against any employee or applicant for employment because of race, color, creed, national origin or ancestry, and will include a similar provision in all subcontracts entered into for the performance of the work thereof. The contract may be canceled or terminated by the owner and all money due or to become due under the contract may be forfeited for a second or subsequent violation of the terms and conditions of this paragraph. This paragraph is inserted in these specifications to comply with the provisions of Section 181.59 of the Minnesota Statutes Annotated. 6. PROSECUTION OF WORK Contractor shall furnish all equipment, labor, materials and supervision to perform all work in accordance with the specifications. The work shall be completed by the date specified in item number 3 in the Instructions to Contractors. The following circumstances will, at the owner's discretion, be considered legitimate cause for a change in the completion date: a. Adverse weather conditions that directly affect the scheduling or completion of work under the contract. Contractor must contact owner for acceptance of extension of time due to weather. b. Change orders - Significant changes in the original scope of work which can be reasonably shown to require an extension of the completion time. 7. PERMITS AND /OR LICENSES The contractor shall, at his own expense, procure all required licenses and permits, including a demolition permit from the City of Brooklyn Center; pay all charges and fees; and give all notices necessary and incidental to the due and lawful prosecution of the work. When requested, the contractor shall furnish the owner with evidence indicating that he has complied with the permit requirements. There will be no fee for the City demolition ep rmit However, the contractor shall pay the State Surcharge, if any. -5- 8. FINAL CLEAN UP Before final acceptance of the site, the contractor shall remove all surplus and discarded materials, equipment and rubbish; and all parts of the work shall be left in a condition acceptable to the owner. 9. CONDITION OF SITE The Brooklyn Center Economic Development Authority assumes no responsibility for the condition of the site or the buildings or structures on the site nor the continuance in the existing condition after the award of contract. All damage or loss by reason of fire, theft or other casualties to the building and structures shall be at the risk of the contractor, and no damage or loss shall relieve the successful contractor from any obligations under his proposal following the award of the contract. 10. PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE The contractor shall assume full responsibility for all damages to property of any character, resulting from any act, omission, neglect or misconduct in the execution or nonexecution of the work. To the extent of his liability, and at his own expense, the contractor shall restore damage to property to a condition similar or equal to that existing before the damage was done, by repairing, rebuilding or replacing it as directed, or he shall otherwise make good the damage in a manner acceptable to the owner. The contractor shall affect only those trees and shrubs so designated for trimming or removal, to accomplish the removal of the structure. Trees affected by trimming shall be painted with an acceptable tree sealing paint. All stumps shall be ground 6" below ground level and the grindings removed from the site, and all costs of same shall be borne by the successful contractor. The contractor shall be assessed damages for any unauthorized removals, based on a rate of $5.00 per square inch of cross sectional area of tree removed. When earthwork has been performed on the removal route, the contractor shall restore to the original grade, those areas that have been altered such as roads, drainage ditches or cut banks in hills or hillsides. The contractor will be responsible for maintenance of "the entire property, including but not limited to, litter /debris pick -up, grass mowing, weed removal, trimming of storm damaged trees, for the entire duration of the contract. Failure of the contractor to maintain the entire property in a satisfactory condition shall be cause for owner's forces to perform said maintenance; the costs of which shall be billed to the contractor. 11. PRE - CONSTRUCTION MEETING Subsequent to the award of the contract for work or notice to proceed, a pre - construction -6- meeting will be held to review all items which will affect the proper execution and expediting of the work. The meeting shall be attended by qualified persons representing the contractor and the owner. SPECIAL CONDITIONS 1. DEMOLITION All work shall comply with applicable rules and regulations of the Minnesota Pollution Control Agency, Hennepin County Solid Waste Disposal Ordinances and all requirements of the City of Brooklyn Center. It shall be the contractor's responsibility to become knowledgeable with regard to all applicable rules and regulations. The contractor shall demolish all buildings and structures and remove all debris along with any existing debris on the site. This will include, but is not limited to, steps, walks, driveways, foundations, basement walls, basement floors or concrete surface slabs, storage sheds and miscellaneous debris found on the site. All debris as well as usable materials shall become the property of the contractor and shall be totally removed from the site and from the municipal limits of the city and shall be disposed of in an approved public landfill. At completion of hauling and disposal of all materials as required in these specifications, contractor shall submit a co of the landfill receipts to owner. PY P 2. CLEANING UP The demolition sites at the end of each day shall have no rubbish or trash left lying around. At the end of each day, the property shall be secured by a security fence and the site and buildings be left in a safe condition in case anyone should enter. the remaining building site. Contractor is responsible for building and site until project is completed. It shall be the contractor's responsibility to maintain a clean site. If necessary, the owner will notify the contractor that cleanup of debris is required. If not corrected immediately, the owner will do the cleanup and backcharge the contractor for these costs. 3. EARTHWORK All depressions resulting from structure removals, basement excavations, grubbing operations and other causes shall be backfilled and compacted with approved fill material. Fill material shall conform to Section 2103 "Building Removal" of the 1988 edition of the MNDOT Standard Specifications which specifies that fill should be composed of sand, -7- gravel, clay, loam or other inorganic soil. Fill material shall be formed from material free of vegetable matter, rubbish, large rocks and other deleterious materials. Finally, the entire disturbed area(s) shall be covered with four inches (4 ") of topsoil by the contractor. Seed shall be applied by the owner. 4. WATER AND SANITARY SEWER DISCONNECTION Disconnection of water and sewer will be done by owner. 5. OTHER UTILITIES Termination of gas, electric, telephone or cable television service shall be completed by or supervised by the utility company or unit owning the service. The contractor shall also secure the necessary permits for such work from the proper authority. Electric, telephone, cable television and other wires shall be disconnected in strict accordance with the rules and regulations of the utility and City ordinances. All expenses arising from or in conjunction with the performance of the provisions of this paragraph shall be borne by the contractor. All utility terminations shall be completed and shall be approved by the owner prior to issuance of a demolition permit by the City. Prior to any site demolition work or the start of any excavation work, contractor to call for and locate all underground utilities and have each disconnected at property lines. 6. WELL SEALING The contractor shall be responsible for the proper sealing of private wells on the property(ies). Private wells must be abandoned in accordance with applicable state law and Minnesota Department of Health regulations. Well sealing must be performed by a well driller licensed by the state of Minnesota. A copy of the well sealing record for each well sealing shall be submitted to owner. The property at 5900 Emerson Avenue North contains a private well which must be sealed in accordance with these specifications. There is no known private well on the property located at 6933 Brooklyn Boulevard. 7. ASBESTOS ABATEMENT Absbestos surveys have been completed on the structures of 5900 Emerson Avenue North and 6933 Brooklyn Boulevard. Asbestos - containing material was found in some of the floor tiles and in insulating material around some of the pipes and ductwork in the basement on both properties. -s- Asbestos abatement work on 5900 Emerson Avenue North and 6933 Brooklyn Boulevard will be done by owner and will be completed prior to September 20, 1994. S. SALVAGE MATERIAL All salvage material and /or debris shall be removed from the premises as soon as possible and shall not be stored on the site. 9. STORAGE OF EQUIPMENT The contractor shall not store any equipment on the demolition site except during the time period from start to completion of the contract work. All equipment shall be removed from the site prior to final payment. 10. HOURS OF WORK Work under the contract shall be conducted during normal business hours Monday through Friday but in no case shall the work begin prior to 7 a.m. nor after 6 p.m. No work shall be done on Saturday or Sunday. 11. DEBRIS AND DUST CONTROL During the contract period (start to completion), the contractor shall keep debris and dust from the demolition work on site as much as is reasonably practicable by whatever means necessary. 12. FINAL ACCEPTANCE Upon due notice from the contractor that all work has been completed on the site, the owner will make an inspection of the site. If any work is found unsatisfactory or incomplete, instructions for correction will be issued and another inspection will be made after receiving notice that the instructions have been carried out. When final inspection reveals that all work has been completed in accordance with the terms of the contract, the owner will so notify the contractor. The workmanship will then be accepted forthwith relieving the contractor of further responsibility therefore. 13. WORK COMPLETION Completion of all work including restoration and topsoil placement shall be accomplished on or before October 21, 1994. Unless a written time extension has been granted by the Community Development Director, beyond the specified ,date, the contractor shall be considered to be in default. au t. -9- Supervision of the work shall be performed by the Brooklyn Center EDA through the Community Development Director or his duly authorized representative and performance of the obligations of the contractor is subject to the acceptance of the work by the Brooklyn Center EDA. 14. LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE THE WORK ON TIME Should the contractor fail to complete the work on or before the original date set forth for completion in Section 13. Work Completion, or on or before the corrected date as granted by extension of time for completion, there may be deducted from P y any monies due or that may become due the contractor, the sum as set forth in the following schedule, for each and every calendar day, exclusive of Saturdays and Sundays, that the work shall remain incompleted. This sum shall be considered and treated, not as a penalty, but as liquidated damages. SCHEDULE OF LIQUIDATED DAMAGES Liquidated Damages Contract Price Per Day $5,000 and less $ 15.00 $5,000 to $10,000 25.00 $10,000 to $25,000 50.00 $25,000 to $50,000 75.00 $50,000 to $100,000 100.00 $100,000 or more 200.00 In lieu of the liquidated damages above, the EDA may deduct from monies due the contractor the actual cost of damages sustained by reason of the failure to complete the contract within the specified time, which may include the added cost of supervision or any other items that have caused an expenditure of public funds; provided, however, that such deductions do not exceed the total liquidated damages that could be collected under the provisions enumerated above. Permitting the contractor to continue and finish the work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, shall in no way be construed as a waiver on the part of the EDA of any of its rights under the contract. Neither by taking over the work by the EDA, nor by annulment of the contract, shall the EDA forfeit the right to recover liquidated damages from the contractor or his surety for failure to complete the contract. -lo- . At the time the liquidated damages are paid to the EDA and all other provisions of the specifications are met, the EDA will release the performance surety to the contract. 15. FAILURE TO PERFORM In the event the owner determines that any of the provisions of the Specifications have not been complied with by the contractor, owner may declare the contractor in default and give the contractor written notice demanding that the defaults be corrected by a time to be specified in such notice. If the contractor does not correct the defaults within the time specified, the owner may consider all property, materials and equipment remaining on the building site to have been abandoned by the contractor for the Brooklyn Center EDA to dispose of as it sees fit; may take over the work and prosecute the same to completion; and the contractor shall be liable to the Brooklyn Center EDA for any and all costs incurred by the Brooklyn Center EDA as a result of the contractor's default. If the performance surety is inadequate to cover such costs, the contractor shall remain liable to the Brooklyn Center EDA for the excess. 16. PAYMENT Payment shall be made to the contractor upon acceptance of the contract work by the owner and receipt of payment request by the contractor. No partial payments shall be made. All claims for payment in excess of the contract amount shall be documented by written authorization from the owner. The owner shall not allow any claims for payment in excess of the contract amount after final men i h pay t s accepted by the contractor. forms:bidspec.dem r -11- CONTRACT FOR STRUCTURE DEMOLITION 6933 Brooklyn Boulevard and 5900 Emerson Avenue North This Agreement made this day of , 1994, by and between Doty and Sons, Inc., hereinafter called the CONTRACTOR, and the Economic Development Authority in and for the City of Brooklyn Center hereinafter called the OWNER, witnesseth: That the CONTRACTOR and OWNER for the consideration stated herein agree as follows: I Scope of Work The CONTRACTOR shall furnish all of the labor, materials and equipment and perform all of the work described in the Contract Documents for the following work: Structure demolition at 6933 Brooklyn Boulevard and 5900 Emerson Avenue North Brooklyn Center, Minnesota The CONTRACTOR shall do everything required of this Agreement and the Contract Documents, and all work shall be done in the best and workmanlike manner. The CONTRACTOR shall make good, replace and renew, at his own cost and expense, any loss or damage to said work and adjacent properties and facilities during the performance of the work or prior to the final acceptance thereof by the OWNER and shall be wholly responsible for the performance and completion of such work. II Commencement and Completion of Work The CONTRACTOR shall commence work under this Contract after issuance of written Notice to Proceed and shall begin the work in accordance with the Specifications for Structure Demolition 5900 Emerson Avenue North and 6933 Brooklyn Boulevard, Brooklyn Center, Minnesota. III The Contract Sum The OWNER shall pay the CONTRACTOR for the performance of this Contract the sum of $12,833 upon satisfactory completion of the work under this Contract in accordance with Specifications for Structure Demolition. IV Insurance, Performance Bond and Indemnification This Contract shall be in full force and effect after execution hereof upon the filing and acceptance of the insurance documents and the performance bond as required in the Contract Documents. Said insurance documents shall be issued in accordance with the provisions contained in Specifications for Structure Demolition 5900 Emerson Avenue North and 6933 Brooklyn Boulevard, Brooklyn Center, Minnesota. The performance bond shall be enforceable by the OWNER. In addition to the kinds and amounts of insurance specified, the CONTRACTOR shall indemnify and hold harmless the OWNER, its officers and employees from all suits, actions or claims of any character brought a result of bodily injury to persons or of damage to property arising out of the CONTRACTOR'S negligent or otherwise wrongful act or omission, including breach of a specific contractual duty. V Contract Documents Contract Documents shall consist of the following component parts: 1. The Accepted Quote of the Contractor 2. Specifications for Structure Demolition 5900 Emerson Avenue North and 6933 Brooklyn Boulevard, Brooklyn Center, Minnesota 3. Addenda and Change Orders 4. This Instrument This instrument, together with the documents hereinabove mentioned, form the Contract; and they are as fully a part of the Contract as if hereto attached or herein repeated. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in duplicate as of the day and year first above written. In the presence of: CONTRACTOR: BY AND OWNER: Economic Development (SEAL) Authority in and for the City of Brooklyn Center BY President BY Executive Director Economic Development Authority in and for the City of Brooklyn Center (Corporate Acknowledgment) STATE OF MINNESOTA) ) ss. COUNTY of HENNEPIN) On this day of , 1994, before me personally appeared and to me personally known, who, being each by me duly sworn, did say that they are respectively the President and the of the corporation named in the foregoing instrument, and that the seal affixed to said instrument is the corporate seal of said corporation by authority of its Board of and said and acknowledged said instrument to be the free act and deed of said corporation. Notary Public My commission expires Non - corporate acknowledgment) STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) On this day of , 1994, before me personally appeared to me personally known, who being duly sworn, did say that he is the of the company named in the foregoing instrument, and the said acknowledged said instrument to be the free act and deed of said company. Notary Public My commission expires STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) On this day of , 1994, before me a Notary Public within and for said County, personally appeared and to me personally known who, being by me duly sworn, did say that they are the President and Executive Director of the Economic Development Authority in and for the City of Brooklyn Center (EDA), and the seal affixed to the foregoing instrument is the seal of said EDA, and that said instrument was signed and sealed in behalf of the Economic Development Authority in and for the city of Brooklyn Center by the authority of its Board of Commissioners and said President and Executive Director acknowledged said instrument to be the free act and deed of the Economic Development Authority in and for the City of Brooklyn Center. Notary Public My commission expires �vv Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION ACCEPTING QUOTATIONS AND AUTHORIZING PRESIDENT AND EXECUTIVE DIRECTOR TO ENTER INTO CONTRACT FOR DEMOLITION OF THE EDA OWNED PROPERTIES AT 6933 BROOKLYN BOULEVARD AND 5900 EMERSON AVENUE NORTH WHEREAS, invitations to submit quotations for the demolition of 6933 Brooklyn Boulevard and 5900 Emerson Avenue North were sent to five demolition contractors; and WHEREAS, quotations were received for the demolition of 6933 Brooklyn Boulevard and 5900 Emerson Avenue North; and WHEREAS, the following quotations were received: COMPANY NAME QUOTE Doty and Sons, Inc. $12,800 Veit & Company, Inc. $12,833 NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of Brooklyn Center that it is in the best interest of the Brooklyn Center EDA to accept the quotation for demolition of 6933 Brooklyn Boulevard and 5900 Emerson Avenue North submitted by Doty and Sons, Inc., in the amount of $12,800; and the EDA President and Executive Director are hereby authorized to enter into a contract for demolition of the properties described herein. Date Todd Paulson, 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. Council Meeting Date 9 -12 -94 City of Brooklyn Center Agenda Item NwWxr loy [2 Request For Council Consideration Item Description: RESOLUTION APPROVING ONE (1) BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY DEFERRED LOAN (FILE NO. 123 [8049]) Department Approval: Tom Bub itz, Commu ity Development Assistant Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: • Staff recommends motion to adopt Resolution approving one (1) Brooklyn Center Economic Development Authority Deferred Loan (File No. 123 [8049] ). Summary Explanation: (supporting documentation attached ) This information is private and not available to the general public. This home /applicant has not received a previous grant under the deferred loan program. I have received one (1) application for a rehabilitation deferred loan (File No. 123 [8049]). Attached is the application and recommendation for work to be performed on the home. The applicant filed the initial application for the deferred loan program on October 15, 1992 which is the date that established the applicant's position on the deferred loan program waiting list. The application dated July 12, 1994 is the date of the applicant's formal income verification application which is completed by Hennepin County staff once the applicant reaches the top of the waiting list. Staff recommends new siding, soffit and fascia to meet the exterior maintenance standard for the deferred loan program. • The 1994 market value for File No. 123 [8049] property is $68,300. • � Council Meeting Date 9 -12 -94 City of Brooklyn Center Agenda Item Number Request For Council Consideration Item Description: RESOLUTION APPROVING ONE (1) BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY DEFERRED LOAN (FILE NO. 125 [80511) Department Approval: Tom Bubl tz, Community Development ssistant Manager's Review /Recommendation: No comments to supplement this report Comments below /attached Recommended City Council Action: • Staff recommends motion to adopt Resolution approving one (1) Brooklyn Center Economic Development Authority Deferred Loan (File No. 125 [8051] ). Summary Explanation: (supporting documentation attached ) This information is private and not available to the general public. This home /applicant has not received a previous grant under the deferred loan program. I have received one (1) application for a rehabilitation deferred loan (File No. 125 [8051]). Attached is the application and recommendation for work to be performed on the home. The applicant filed the initial application for the deferred loan program on March 3, 1994 which is the date that established the applicant's position on the deferred loan program waiting list. The application dated July 25, 1994 is the date of the applicant's formal income verification application which is completed by Hennepin County staff once the applicant reaches the top of the waiting list. This application has been moved up on the waiting list due to severe roof deterioration resulting in roof, ceiling, wall and insulation damage. Staff recommends new siding, soffit and fascia to meet the exterior maintenance standard for the deferred loan program. The 1994 market value for File No. 125 [805 1] property is $ 65,100. 6� Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION APPROVING ONE (1) BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY DEFERRED LOAN (FILE NO. H -125 r8051]) WHEREAS, the Brooklyn Center Economic Development Authority established a Home Rehabilitation Deferred Loan Program to assist low and moderate income individuals in the maintenance and repair of their homes; and WHEREAS, the Brooklyn Center Economic Development Authority has received one (1) application (file no. H -125 [8051]) from eligible individuals to receive deferred loan assistance; and WHEREAS, an inspection by the City of Brooklyn Center has determined that the work is necessary and appropriate under the Brooklyn Center Economic Development Authority Deferred Loan Program; and WHEREAS, the estimated cost of the proposed deferred loan application is estimated at $15,000. NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center Economic Development Authority that: 1. The Brooklyn Center Economic Development Authority does approve the one (1) housing rehabilitation deferred loan application (file no. H -125 [8051]) as recommended by the staff. 2. That the work be performed as recommended in the request for council consideration form dated September 12, 1994, and that the applicants be directed to obtain the necessary bids for staff review and approval. 3. The project shall not exceed the deferred loan limit of $15,000. Date Todd Paulson, 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.