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HomeMy WebLinkAbout1993 08-09 EDAP Regular Session EDA AGENDA CITY OF BROOKLYN CENTER AUGUST 9, 1993 (following adjournment of City Council meeting) 7 p.m. 1. Call to Order 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. EDA Minutes - July 26, 1993 - Special Session 5. Discussion Item: a. Acquisition of 5500 Emerson Avenue North -At the July 26, 1993, EDA meeting, this item was tabled to August 9, 1993, with the intent of scheduling it as an agenda item for a future work session. 6. Resolution: * a. Approving Specifications and Authorizing Advertisement for Bids for Demolition of 6525, 6527, and 6529 Willow Lane North 7. Adjournment CITY OF BROOKLYN CENTER Council Meeting Date 9 ,1993 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: EDA MINUTES - JULY 26 1993 - SPECIAL SESSION DEPT. APPROVAL: Brad Hoffman, Dir or of Community Development * * * * * * * * * * * * * * * * * * * * * * * * ** *********************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW/RECOMMENDATION: • No comments to supplement this report Comments below /attached ************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached RECOMMENDED CITY COUNCIL ACTION t y MINUTES OF THE PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CFNTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION JULY 26, 1993 CITY IL&.LL CALL TO ORDER The Brooklyn Center Economic Development Authority met in special session and was called to order by President Todd Paulson at 9:44 p.m. ROLL CALL President Todd Paulson, Commissioners Cclia Scott, Barb Kalligher, and Kristen Mann. Commissioner Dave Rosene was excused from this evening's meeting. Also present wcrc City Manager Gerald Splinter, Director of Community Development Brad Hoffman, C.nmmunity Development Specialist Tom Bublitz, City Attorney Charlie L.eFevere, and Council Secretary Carla Wirth. APPROVAL OF AGENDA AND CONSENIGENDA President Paulson inquired if any Commissioners requested arty items be removed from the consent agenda. No requests were made. APPROVAL OF MINUTES JULY 12, 1993 - SPECIAL SESSION Co m�ss�oner There was a motion by Commissioner Scutt and seeondc d by m Kalligher t t o approve the minutes of the July 12, 1993, EDA meeting as printed. The motion passed unanimously, RESOL UNION$ RESOLU —TION NO, 93 -28 Commissionef Celia Scott introduced the following resolution and moved its adoption- RESOLUTION APPROVING RELOCATION BENEFITS FOR RICHARD AND PATRICIA SHACKLE FROM 6525 WILLOW LANE The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Barb Kalligher, and the motion passed unanimously. 7/26/93 - 1 - RESQLUTION NO, 93 -29 Commissioner Celia Scott introduced the following resolution and moved its, adoption: RESOLUTION APPROVING ONE (1) BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY GRANT (FILE NO. 114 [8040]) The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Barb Kalligher, and the motion passed unanimously. DISCUSSION ITEM UPD ATE ON WESTMINSTER CORFORATION AC UISITIQN OF THE POND5 AND DISCUSSION OF REQUEST FOR FUTURE CDBG PARTIAL OF COMMUNITY CENTER FOR THE PONDS The Community Development Specialist reported Westminster Housing Corporation is a nonprofit housing corporation who has been negotiating the acquisition of The Ponds with the Minnesota Housing Finance Agency (MHFA), the current mortgagor. He explained The Ponds is a project based Section 8 development with 112 units where the rent subsidy stays with the unit rather than the tenant. He stated Westminster Corporation has applied for and received $700,000 from the Federal HOME Program to acquire The Ponds. He further stated a community center (estimated cost $200,000) was part of the overall plan for The Ponds since the outset of this proposed acquisition by Westminster. He added they have secured $100,000 of funding for the community center from foundation resources, however, this contribution is contingent on the City participating in funding a portion of the community center so they are requesting funding of $100,000 from Brooklyn Center. The Community Development Specialist suggested the EDA consider funding this through the Community Development Block Grant (CDBG) program over a four -year period at $25,000 per year. Mary Grace Flannery explained MHFA invited a non - profit owner to purchase The Ponds because of tho types of problems they have had with past management. She further explained the recent Congressional action to establish a process to save affordable housing for low- and moderate- income families by allowing nonprofits to acquire projects. She reported Westminster has made a commitment to serve the community they work in and developed a model for managing to assure access and affordability of appropriate social and human services. Ms. Flannery reviewed a project in West St. Paul which they have acquired and developed a community center which has been very important in turning the project around and developing residents with the ability to become independent citizens. She reviewed their funding efforts for The Ponds community center and stated, it approved, foundations would finance the City's contribution to cover the initial cost and then pay it back with the City's four -year contribution. 7/26/93 -2- Commissioner Scott asked if the community center will be used primarily for meeting purposes, Ms. Flannery answered affirmatively and added it will provide space, oil site for the residents to use to develop community and resident services and arrange for activities. She stated they would also include members of the broader community bot would essentially be space for residents of The Ponds. Commissioner Scott commented the estimated cost of $200,000 was substantial and asked if the center would include a gymnasium. Ms. Flannery stated it would not. Commissioner Scott noted most projects consider the needs of older residents and young children but do not provide for teenagers and young adults. Ms. Flannery explained the actual building and nature of the programs will be determined after acquisition of the building when meetings can be held with residents and their needs assessed. She added the service director will spend time with the Community Resource Center to determine the residents' needs and be jointly supportive. Ms. Flannery stated Westminster feels they need a facility on site in order to meet the residents' needs. She added they are not "wedded" to the $200,000 figure; it is an Cstiitlate and they have not even decided what the building will look like. She explained the community center would serve The Ponds and other programs could be held in conjunction with the Community Resource Center. President Paulson expressed concern Westminster has not prepared a concept for the building, services to be offered, or integration of options with other Organizations in the community. He stated he feels this concept should be considered but he does not have enough information to make the large commitment being requested. He suggested one of the housing units be used instead of constructing a new building. Ms. Flannery explained they need to be able to accommodate large groups and the project is currently fully leased. President Paulson suggested they consider using the police department site. Ms. Flannery explained they ara meeting with Resource Center staff to determine ways to share resuuices and still meet the needs of The Ponds residents. Commissioner Kalligher asked if the community center would be restricted to The Ponds residents. Ms. Flannery stated it would not because activities would reach beyond but it would be designed to facilitate development of a resident service program. President Paulson questioned funding resources besides CDBG. The Community Development Specialist reported on use of CUBG funds for Year XIX, noting tthc proposed request could be partially funded from Year XX. He added the money for Year XX does not really exist yet and there has been some discussion CDBG funds may go for flood relief, but he doubted this would happen. He stated the EDA may not want to make a commitment tonight but asked if they would provide an indication regarding use of Year XX CDBG funding with the understanding more detailed information would be presented on the community center. 7/26193 - 3 - Commissioner Kalligher expressed concern with spending money that may not even be available in Year XX. She suggested this matter be tabled until the Council has more details on funding that will be available and community center specifics. The Community Development Specialist explained the financing from the Federal HOME Program is contingent upon constructing some type of community center space by the and of 1994, and the foundation resources funding for the community center is contingent upon the City participating in funding a portion. Ms. Flannery added if approved they will close on the acquisition by September 1, 1993, n en for the Hennepin County lead a however, Westminster needs to be able to sati ne ty { a g enc y I ty P h have h ability to construct the c center. She HOME Program t the ty re quested q c �" � Y tY the opportunity to keep this project "alive" and come back with a sketch. The Community Development Specialist stated staff discussed this request as part of supporting a different model of management, one which is not currently in place in Brooklyn Center. He agreed with the need for a substantial, long -term commitment to provide support to residents, and the community center is part of that long -term commitment. President Paulson stated the intention is good but Westminster is asking the City for $100 ,000 of funding but has not presented any details r the facility or servic to be provided. Commissioner Scott agreed and stated this may be a concept the Council supports but the requested funding would take a "big piece" of the CDBC program. Shc suggestcd t in West St. Paul or a with information about their p roject e. West more ce t a come back w t p 1 floor P lan of the community center and list of services to be provided. She added the Council would he putting the "cart before the horse" if they were to fund a project before knowing what the project entails. Commissioner Kalligher suggested this matter also be reviewed by the Human Rights and Resources Commission. The City Manager asked if this project should he considered with other funding requests and follow that process, President Paulson concurred and asked for information on how this program would integrate with other programs in the City, what other options have been explored, how the. uee.ds of teenagers and young adults will be met, possibility of working with the police substation, balance of this request with other CDBC uses, etc. Ms. Flannery stated the Resident Services Director could put this program together in cooperation with existing Community Resource Center uses and supply the rcquested information to the Council, 7126/93 4 0 RESOLUTIONS - (MNTINU DD) The City Manager presented a Resolution Authorizing Execution of Purchase Agreement for the Acquisition of 5500 Emerson Avenue North and Authorizing Payment of Acquisition Costs. Commissioner Scott asked if this property could be split and used for two single family homes. The City Manager explained it could but the Council and Planning Commission usually encourage larger residential lots. The Community Development Specialist stated the interior lot would he approximately 75 feet (frontage) by 135 feet (depth) and the exterior lot would be 120 feet (frontage) by 135 feet (depth). Commissioner Scott stated her support of using it as two lots since both would be over the minimum_ standards. She further stated selling two buildable lots would recoup some of the costs, and a smaller site may attract a first -time home buyer. The City Manager pointed out one would be a corner lot with larger setbacks. Commissioner Kalligher questioned the value of the property. The Community Development Specialist stated he is comfortable with the appraisal. Commissioner Kalligher asked if properties along Brooklyn Boulevard should be considered for acquisition since it will tie into the Brooklyn Boulevard Study and provide a greater impact. The Community Development Specialist stated staff has discussed this option and arrived at the conclusion that doing so results in targeting for redevelopment more directly. He agreed with that philosophy. The City Manager explained this is a Council policy decision and as the City gets further into the Brooklyn Boulevard Study staff may ask the EDA to consider that arca us a higher priority. Commissioner Kalligher suggested this matter be tabled until it can be further discussed during a work session, President Paulson agreed and added it would be beneficial to discuss options for putting money into the "interior of the community" or on the "exterior" such as along Brooklyn Boulevard where it will provide more impact. The City Manager stated once the initial work on the Brooklyn Boulevard Study is completed, the Council may be in a better position to make this decision. Commissioner Scott stated she has no problem with tabling for further discussion, but this is one acquisition where the City has the ability to recoup their costs by selling two lots. She commented on the deteriorating condition of this house. She stated if the EDA changes direction for funding they should notify Brooklyn Boulevard property owners of the intention in an effort to avoid relocation costs. 7/26/93 -5 - There was a motion by Commissioner Scott and seconded by Commissioner Kalligher to table further consideration of a Resolution Authorizing Execution of Purchase Agreement for the Acquisition of 5500 Emerson Avenue North and Authorizing Payment of Acquisition Costs to the August 9, 1993, Council meeting to determine when this item can be scheduled for a work session agenda The motion passed unanimously. ADJ URNMl~NT There was a motion by Commissioner Scott and seconded by Commissioner Mann to adjourn the meeting. The motion passed unanimously. The Brooklyn Center Economic Development Authority adjourned at 10:53 p.m. Todd Paulson, President Recorded and transcribed by: Car Wirth h W t TimeSavcr Off Site Secretarial I 7/26/93 - 6 - CITY OF BROOKLYN CENTER Council Meeting Date Au Ig9, 1993 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: ACQUISITION OF 5500 EMERSON AVENUE NORTH DEPT. APPROVAL: .e- Tom Bublitz, Community Development Specialist MANAGER'S REVIEW/RECOAE%MNDATION: No comments to supplement this report . Comments below /attached • SUAW ARY EXPLANATION: (supplemental sheets attached ) At the July 26, 1993 EDA meeting, the EDA tabled the Resolution Authorizing Execution of Purchase Agreement for the Acquisition of 5500 Emerson Avenue North and Authorizing Payment of Acquisition Costs to the August 9, 1993 EDA meeting. The motion to table the resolution stipulated that the item would be tabled to the August 9, 1993 EDA meeting to determine when this item can be scheduled for a work session agenda. The next EDA work session is scheduled for September 20, 1993. Staff would recommend this item be placed on the September 20, 1993 agenda for discussion and final action on the resolution. Staff is presently preparing information relative to this item which includes the following: 1. Preparation of summary of appraised values of past scattered site acquisitions and comparison to the assessor's market value. This would compare what the EDA paid for the properties versus what the assessor's market value of the properties were at the time of sale. 2. Comparison of Brooklyn Center's scattered site acquisition process to other cities doing scattered site acquisitions. 3. Analysis of options to modify or amend the appraisal process used to establish values for the properties. RECOMMENDATION Staff recommends a motion to place this item on the September 20, 1993 work session agenda. CITY OF BROOKLYN CENTER Council Meeting Date &ji 9, 11 y 993 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DEMOLITION OF 6525, 6527, AND 6529 WILLOW LANE NORTH DEPT. APPROVAL: Brad Hoffman, Commiiuty Development Director MANAGER'S REVIEW/RECOM IENDATION: No comments to supplement this report Comments below /attached SUM VLARY EXPLANATION: (supplemental sheets attached Yes The resolution provides for the advertisement for bids and approval of the specifications for the demolition of the EDA owned buildings at 6525, 6527, and 6529 Willow Lane North. Included with this request form are the specifications for the demolition work and advertisement for bids, and attached to the demolition specifications is a non - collusion agreement. RECOMMENDATION . Staff recommends approval of the Resolution Approving Specifications and Authorizing Advertisement for Bids for Demolition of 6525 6527, and 6529 Willow Lane North. Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION APPROVING SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR DEMOLITION OF 6525, 6527, AND 6529 WILLOW LANE NORTH WHEREAS, the Economic Development Authority in and for the City of Brooklyn Center (EDA) has acquired the real property located at 6525, 6527, and 6529 Willow Lane North for the purpose of demolition and clearance of the property under the Slum and Blight Clearance provisions of the Community Development Act of 1974, as amended; and WHEREAS, specifications for the demolition and removal of the buildings at 6525, 6527, and 6529 Willow Lane North have been prepared by the EDA staff. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of Brooklyn Center that: 1. Said specifications for demolition and removal are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official newspaper and advertisement for bids for the demolition and removal of buildings and structures at 6525, 6527, and 6529 Willow Lane North in accordance with the approved 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 City Clerk and Community Development Director or their designees. No bids will be considered unless sealed and filed with the 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. 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. - CITY 6301 SHINGLE CREEK PARKWAY OF BROOKLYN CENTER, MINNESOTA 55430 BROOKLYN CITY HALL: 569 -3300 CENTER FAX: 569 -3494 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR SITE DEMOLITION AT 6525 6527 AND 6729 WILLOW LANE NORTH FOR ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER BID OPENING: 2:00 P.M. SEPTEMBER 9, 1993 SET NUMBER CONTRACT FOR SITE DEMOLITION AT 6525, 6527, AND 6529 WILLOW LANE NORTH BROOKLYN CENTER, MINNESOTA TABLE OF CONTENTS COLOR PAGE NO. Official Notice to Bidders White 1 -2 Instructions to Bidders and Specifications for Site Demolition White 3 -14 Bid Proposal Yellow 15 -18 Affidavit of Non - Collusion Yellow 19 Sample Insurance Certificate Pink 20 OFFICIAL NOTICE TO BIDDERS SITE DEMOLITION CITY OF BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY Owner: Economic Development Authority in and for the City of Brooklyn Center (EDA) 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: Demolition of one (1) 18 unit apartment building located at 6525, 6527, and 6529 Willow Lane North in Brooklyn Center, Minnesota. TIME: Sealed bids will be received until 2:00 p.m., local time, on the 9th day of September, 1993, at the Brooklyn Center City Offices, at which time and place the 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 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 shall be marked "Bid for demolition of 6525, 6527, and 6529 Willow Lane North." Bids shall be submitted on the proposal forms provided in accordance with Contract Documents, and Specifications which are on file with the City Clerk of Brooklyn Center. CONTRACT DOCUMENTS: Copies of Proposal Forms and Specifications for use by the Contractor submitting a bid may be obtained from the office of the City Clerk, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota. BID SECURITY: A cash deposit or a certified check, cashier's check, or satisfactory bid bond payable to the Economic Development Authority in and for the City of Brooklyn Center in 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 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 City of Brooklyn Center EDA. -1- 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 Economic Development Authority in and for the City of Brooklyn Center. CONTRACT SECURITY: The Bidder to whom a contract is awarded shall be required to furnish a performance bond acceptable to the City of Brooklyn Center EDA for 100% of the contract price in accordance with the requirements of the Contract Documents. BID REJECTION: The EDA 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 EDA. BID WITHDRAWAL: No bids shall be withdrawn for a period of thirty (30) calendar days after the scheduled opening of the bids without the consent of the Economic Development Authority Board of Commissioners. (Published by the authority of the Economic Development Authority in and for the City of Brooklyn Center. Published in the Brooklyn Center Sun -Post on the 18th day of August, 1993). -2- BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY INSTRUCTIONS TO BIDDERS AND SPECIFICATIONS FOR SITE DEMOLITION Sealed bids will be received at the office of the Deputy City Clerk, 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, for the demolition and removal of the building designated on the bid proposal form according to the following specifications. 1. TIME FOR SUBMISSION OF BIDS Sealed bids will be received at the above address for demolition and removal of this structure as listed on the bid proposal form until 2:00 p.m. on September 9, 1993. EXAMINATION OF SITE All bidders are expected to visit the site to inform themselves as to existing conditions. Failure to do so shall in no way relieve the successful bidder from performing the work as required for completion of the contract. Bidders may arrange an inspection of the site by contacting Tom Bublitz, Community Development Specialist, at 569 -3433 2. AT TIME OF SUBMITTING BID A. The attached Affidavit of Non - Collusion must be completed and returned with the proposal. Failure to include said affidavit shall result in rejection of the bid. B. Bids shall be submitted on the original copy (Bid Copy) of the Bid Proposal Form. C. All bids submitted must contain a bid security of not less than five (5) percent of the bid amount. Security shall be in the form of a certified check, cashier's check or bid bond payable to the Economic Development Authority in and for the City of Brooklyn Center (EDA). BID SECURITY, as outlined above, is not to be confused with the PERFORMANCE SURETY referred to herein. D. AWARD NOTIFICATION 1. Written notification to the successful bidder of the acceptance of such bid will be made by the Brooklyn Center EDA within 10 calendar days -3- after the opening of bids. In the event that the successful bidder fails or refuses to enter into a Contract, the EDA reserves the right to award the contract to the next responsible bidder. 2. Failure on the part of the successful bidder to furnish the required Performance Surety within 10 days after the issuance of Notice of Award shall be considered proof that the successful bidder has elected to abandon the contract and to forfeit the bid security, not as a penalty, but as liquidated damages sustained by the Brooklyn Center EDA as a result of such failure. E. RETURN OF BID SECURITY All bid securities except those of the two lowest demolition bidders will be returned within five calendar days after the date of the opening of bids. The bid security of the second high bidder will be returned within 30 calendar days after the bid opening. The bid security of the successful bidder will be returned upon the posting of the required performance surety and execution of the contract. 3. BID ACCEPTANCE The contract will be awarded to the lowest responsible bidder. The EDA, however, reserves the right to accept or reject any or all bids, waive informalities therein and generally award contracts in the best interest of the EDA. Bids made in pencil will be rejected. Proposals may be withdrawn any time previous to the hour of opening bids, but no Proposal may be withdrawn for a period of thirty (30) days after the time indicated for the opening of bids in the Advertisement for Bids. 4. FOLLOWING AWARD NOTIFICATION A. After award notification, the successful bidder shall submit the full amount of the PERFORMANCE SURETY, as noted in the advertisement for bids. The amount of the Performance Surety shall be 100% of the amount of the bid and will be held on deposit by the Brooklyn Center EDA to ensure proper completion of the terms of the bid contract according to the Bid Instructions and Specifications. B. The successful bidder shall give 48 hours notice to the Community Development Director or his designated representative, before the work under the contract is to begin. C. Following the removal of structures, successful bidder must notify the Community Development Director or his designated representative so that -4- acknowledgement of satisfactory completion may be noted through the release of the bidder's performance surety. 5. GENERAL SPECIFICATIONS A. The successful bidder shall furnish all labor, material and equipment and shall perform all services and work required to demolish and remove the structures in strict accordance with the state and local ordinances pertaining to the demolition and removal of buildings and structures. B. No oral interpretation of information shall be given to any bidder, and any request for such shall be made in writing and addressed to Tom Bublitz, Community Development Specialist, City of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. 6. DETAILED SPECIFICATIONS A. PERMITS AND /OR LICENSES The successful bidder 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 successful bidder shall furnish the owner with evidence indicating that he has complied with the permit requirements. There will be no fee for the City demolition permit. However, the successful bidder shall pay the State surcharge, if any. B. FINAL CLEAN UP Before final acceptance of the site, the successful bidder shall remove all surplus and discarded materials, equipment and rubbish; and all parts of the work site shall be left in a condition acceptable to the owner. C. 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 successful bidder, and no damage or loss shall relieve the successful bidder from any obligations under his proposal following the award of the contract. -5- D. PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE 1. The successful bidder 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 successful bidder 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. 2. The successful bidder 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 bidder. The bidder 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. 3. When earthwork has been performed on the removal route, the successful bidder shall restore to the original grade, those areas that have been altered such as roads, drainage ditches or cut banks in hills or hillsides. 4. Before any work so indicated in (2) and (3) above is started, contact must be made by the successful bidder with the City's Building Official for approval of the anticipated work and successful bidder must indicate his plan for removal indicating the scope of work and removal route. 5. The successful bidder 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 successful bidder 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 bidder. E. PRE- CONSTRUCTION MEETING Subsequent to the award of the contract for work or notice to proceed, a pre - construction 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 successful bidder and the owner. -6- F. RESTORATION PROCEDURES All work shall comply with applicable rules and regulations of the Minnesota P Y PP g Pollution Control Agency, Hennepin County Solid Waste Disposal ordinances and all requirements of the City of Brooklyn Center. It shall be the successful bidder's responsibility to become knowledgeable with regard to all applicable rules and regulations. The successful bidder 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, asphalt driveways and parking lots, footings and foundations, basement walls, concrete floors or concrete surface slabs, and miscellaneous debris found on the site. All materials removed, other than utility -owned fixtures, and debris resulting from the clean-up operations, shall become the property of the successful bidder and disposed of by him in an approved public landfill. All concrete materials shall be removed from the site and may not be used to fill the basement. All depressions resulting from structure removals, basement excavations, grubbing operations and other causes shall be backfilled and compacted with approved fill material. All excess evacuated material and demolition material shall be removed from the site and disposed of outside the city limits of Brooklyn Center. Backfill shall consist of granular material, compacted in maximum 12" lifts, free from organic material, to the level of the existing ground surface. The backfill material will be supplied by the successful bidder and inspected by a representative of the Community Development Director prior to placement. Four (4) inches of pulverized and screened black dirt shall be placed on any areas of the property disturbed by the demolition to finish in reasonable close conformity with the established grades. The area upon which the black dirt is placed shall also be seeded with grass seed in such a manner as to be suitable for mowing. Building removal and basement backfill shall conform to Section 2103, Building Removal, of the 1988 Edition of the MNDOT Standard Specifications for Construction. -7- G. SIGNS AND SITE SAFETY The successful bidder shall r vi p o de and maintain all proper or necessary signs and lights as safeguards to the public and of the elimination of all hazards. This includes the correct and effective placement of snow fence, or similar barrier, around the exposed basement until the basement is backfilled. H. CITY OF BROOKLYN CENTER REQUIREMENTS FOR WATER AND SANITARY SEWER DISCONNECTION The sanitary sewer services shall be cut off at the property line, and the sewer capped with Fernco (or equivalent) coupling and cap and concrete thrust block. Mark with 4 -inch x 4 -inch post. Water services shall be disconnected at the property line. Water service shall be shut off at the curb stop. Disconnect water line at the curb stop (building side). Install one -foot section of llh -inch copper pipe, crimped and silver soldered, to building side of curb stop. Mark with 4 -inch x 4 -inch post. The City shall require notification prior to service removal so an inspection can be made. It shall be the responsibility of the successful bidder to obtain accurate measurements for all cut -off locations. I. OTHER UTILITIES Termination of gas, electric, telephone or cable service shall be completed by or supervised by the utility company or unit owning the service. The successful bidder 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 successful bidder. All utility terminations shall be completed and shall be approved by the owner prior to issuance of a demolition permit by the City. J. 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. K. DEBRIS AND DUST CONTROL During the contract period (start to completion), the successful bidder shall -8- keep debris and dust from the demolition work on site as much as is reasonably practicable. L. INSURANCE REQUIREMENTS 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 successful bidder. The successful bidder shall refer to the enclosed sample insurance certificate when preparing insurance certificates for this contract. The Certificates shall be submitted directly to the Community Development Director for review and approval by the City Attorney. The successful bidder shall not begin any work until the EDA has reviewed and approved the Insurance Certificates and has so notified the Bidder directly in writing. Any notice to proceed that is issued shall be subject to such approval by the EDA. 1. LIABILITY INSURANCE a) Required insurance and amounts as follows: i. Commercial General Liability including the following: Premises /Operations Coverage, Products /Completed Operations, Independent Contractors Liability, Contractual Liability Coverage, to comply with Indemnification Agreement Limits of Liability shall not be less than: $2,000,000. Each Occurrence $2,000,000. General Aggregate $2,000,000. Products /Completed Operations Aggregate Combined Single Limits for Bodily Injury and Property Damage Liability ii. Business Automobile including the following: All Owned Automobiles, Hired Automobiles, Employer's Non Ownership Liability Limits of Liability shall not be less than: $2,000,000. Each Occurrence Combined Single Limits -9- for Bodily Injury or Property Damage Liability, or the equivalent. iii. Worker's Compensation Insurance and Employer's Liability 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 b) The policy shall be a standard form policy provided for by a carrier approved 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. c) The policy or policies shall afford Contractual Liability coverage to provide coverage for the Indemnification Agreement. d) 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. e) The policy shall further provide insurance to cover all of the successful bidder's operating exposures and the operation of vehicles. f) Approval of the insurance by the EDA shall not in any way relieve or decrease the liability of the successful bidder 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 successful bidder's interest or liabilities. g) In the event of cancellation of any of the policies, the company issuing the Certificate of Insurance shall provide 30 days written notice to the EDA 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 -10- conditions. 2. NOTICE OF CANCELLATION OF NON - RENEWAL The EDA shall be given at least thirty (30) days prior written notice of any cancellation, termination or material modification of the required insurance coverages, and the insurance policies required herein shall so provide. 3. 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 successful bidder. 4. 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. 5. INDEMNIFICATION The successful bidder shall indemnify and hold harmless the EDA and City of Brooklyn Center, their 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, debts or obligations resulting from or arising out of directly or indirectly, the performance of this Agreement by the successful bidder, his employees, agents or subcontractors. M. WAIVER OF CLAIMS AND RIGHTS OF LIENS Work for demolishing and removing the buildings or structures shall be carried on in a manner that will not result in damage to any other structures, shrubs, trees or sod. The bidder agrees to be solely liable for and to save the Brooklyn Center EDA and City of Brooklyn Center harmless from any and all liability which may arise by reasons of any act or conduct of the bidder, his agent or employees while engaged in the execution of the agreement. The bidder also agrees to waive all claims and rights of lien against the Brooklyn Center EDA and the premises on which the structure or buildings -11- now stand for all labor, skill, machinery and materials used and furnished by the successful bidder, his agent, employees or subcontractors. N. WORK COMPLETION Work under this contract shall commence within ten (10) calendar days after issuance of written "Notice to Proceed". Completion of all work including restoration and topsoil placement shall be accomplished on or before October 22, 1993. Unless a written time extension has been granted by the Community Development Director, beyond the specified date, the successful bidder shall be considered to be in default. 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 successful bidder is subject to the acceptance of the work by the Brooklyn Center EDA. O. LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE THE WORK ON TIME Should the successful bidder fail to complete the work on or before the original date set forth for completion in Section N. Work Completion, or on or before the corrected date as granted by extension of time for completion, there may be deducted from any monies due or that may become due the successful bidder, 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 -12- due the successful bidder 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 successful bidder 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 successful bidder or his surety for failure to complete the contract. 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 successful bidder. P. FAILURE TO PERFORM In the event the Community Development Director determines that any of the provisions of the Bidding Instructions and Specifications have not been complied with by the successful bidder, the Community Development Director may declare the bidder in default and give the bidder written notice demanding that the defaults be corrected by a time to be specified in such notice. If the successful bidder does not correct the defaults within the time specified, the Community Development Director may consider all property, materials and equipment remaining on the building site to have been abandoned by the bidder for the Brooklyn Center EDA to dispose of as it sees fit; may takeover the work and prosecute the same to completion; and the bidder shall be liable, to the Brooklyn Center EDA for any and all costs incurred by the Brooklyn Center EDA as a result of the bidder's default. If the performance surety is inadequate to cover such costs, the bidder shall remain liable to the Brooklyn Center EDA for the excess. Q. FINAL ACCEPTANCE Upon due notice from the successful bidder 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. -13- When final inspection reveals that all work has been completed in accordance with terms of the contract, the owner will so notify the successful bidder. The workmanship will then be accepted forthwith relieving the successful bidder of further responsibility therefore. R. PAYMENT Payment shall be made to the successful bidder upon acceptance of the contract work by the owner and receipt of final payment request by the successful bidder. Partial payments shall be made monthly. 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 payment is accepted by the successful bidder. -14- BID COPY PROPOSAL FOR BUILDING DEMOLITION AT 6525, 6527, AND 6529 WILLOW LANE NORTH BIDDER: ADDRESS: ZIP TELEPHONE: BIDS TO BE OPENED AT 2:00 P.M., LOCAL TIME, SEPTEMBER 9, 1993 Economic Development Authority Board of Commissioners 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Commissioners: The undersigned, as Bidder, having examined the site and having studied the Contract Documents for the Work and being familiar with all factors and conditions affecting the Work and cost thereof, hereby proposes and agrees to enter into a Contract with the Economic Development Authority in and for the City of Brooklyn Center (EDA) to supply all labor, equipment, tools, materials, and skills necessary for the following work, all in accordance with the Contract Documents and any subsequent addenda issued thereto: BUILDING DEMOLITION AT 6525, 6527, AND 6529 WILLOW LANE NORTH BROOKLYN CENTER, MINNESOTA The undersigned Bidder understands the quantities of Work as shown herein are approximate only and are subject to increase or decrease, and proposes to do the Work whether the quantities are increased or decreased, at the unit price stated in the following Schedule of Prices and the unit price as bid shall constitute compensation in full for the respective items. -15- BUILDING DEMOLITION FOR 6525, 6527, AND 6529 WILLOW LANE NORTH Bid Bid Item Address Description Quantit Unit Total 1. 6525, 6527, One (1) eighteen 1 Lump $ and 6529 unit apartment Sum Willow Lane complex and North garage THE STRUCTURES MUST BE COMPLETELY REMOVED ON OR BEFORE OCTOBER 22, 1993. In response to the terms herein specified, the undersigned, if award is tendered, agrees to be compensated for the removal of the items of property on the Bid Proposal Form, at the bid price quoted opposite each item. -16- The undersigned agrees as follows: 1. To perform the demolition and removal for indicated price. 2. Within ten (10) calendar days after Award of Contract to execute a Contract for the work involved, and to furnish the Brooklyn Center EDA a satisfactory Performance Surety as stated in Item 4 of Instructions to Bidders. 3. That this Proposal cannot be withdrawn for a period of thirty (30) days after the date and time scheduled for the opening of bids. 4. That the Brooklyn Center EDA reserves the right to reject any and all bids, to waive irregularities and informalities therein and further reserves the right to award the Contract in the best interests of the Brooklyn Center EDA. In guarantee of sincerity of purpose in entering this bid, the undersigned encloses a certified check, a cashier's check, or a bid bond, in an amount of five (5) percent of the bid amount, made payable to the Brooklyn Center EDA. It is agreed that this amount is subject to forfeiture to the OWNER in the event the undersigned fails to execute the prescribed Contract and submit the required Performance Bond, and Insurance Certificates to the OWNER within ten (10) calendar days after issuance of Notice of Contract Award. This is to acknowledge receipt of addenda numbered , and IF AN INDIVIDUAL, PARTNERSHIP, OR NON - INCORPORATED ORGANIZATION: Respectfully Submitted, By: (Signature of Bidder) Title: Name and Address of Bidder: (Name) (Address) (City and State) Names and Addresses of Firm Members: -17- IF A CORPORATION: Respectfully submitted, By: (Signature of Bidder) Title: Name and Address of Bidder: (Name) (Address) (City and State) Incorporated under the laws of the State of President: (Name) (Address) Secretary: (Name) (Address) Treasurer: (Name) (Address) -18- AFFIDAVIT OF NON - COLLUSION STATE OF MINNESOTA ) ss. COUNTY OF ) I, , being first duly sworn to depose and say that (your name) I am the authorized representative of (Name of individual,- partnership or corporation submitting bid.) and that I have the authority to make this affidavit for and on behalf of said bidder, that I state to the best of my knowledge and belief, that said bidder has not either directly or indirectly entered into any agreement, participated in any collusion or otherwise taken any action in restraint of free competitive bidding in connection with this proposal or bid submitted on (Date) That the contents of the bid were not communicated by the bidder or its employees or agents to any person not an employee or agent of the bidder or of the surety furnished with the bid proposal prior to the official opening of the bid, and that I have fully informed myself regarding the accuracy of the statements made in this affidavit. Signed by bidder or his authorized representative Subscribed and sworn to before me this day of , 19 (Notary Public) My Commission expires , 19 -19- - SAMFLE- C ontracts over S15, Con Cost �� :111:��• CERTIFICATE OF INSURANCE ISSUE DATE (M M/DO/YY) I PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A LETTER IINSURED COMPANY B LETTER COMPANY LETTER C I COMPANY D = LETTER COMPANY LETTER E :COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ' INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 1 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. i EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY EFFECTIVE POLICY EXPIRATION ;IT R POLICY NUMBER DATE (MM /DD/YY) DATE (MM /DD /YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE S 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS- COMP /OP AGG. S 2 UOO, OOU i CLAIMS MADE occuR. (specify) PERSONAL a ADV. INJURY $ X OWNER'S & CONTRACTOR'S PROT. • EACH OCCURRENCE S 2 , 000, 00o X Contractual FIRE DAMAGE (Any one tire) S UTOMOBILE LIABILITY MED. EXPENSE (Any one person) S ANY AUTO COMBINED SINGLE LIMIT S 2 , OOU, OUO X ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) S X HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per accicenl) GARAGE LIABILITY r — PROPERTY DAMAGE S EXCESS LIABILITY UMBRELLA FORM EACH OCCURRENCE $ _ AGGREGATE S OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS AND EACH ACCIDENT 3 100, 4 EMPLOYERS' LIABILITY DISEASE— POLICY LIMIT s500,000 OISEASE —EACH EMPLOYEE OTHER S 100 -y r a DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES /SPECIAL ITEMS Policy to include a waiver of any or all Governmental Immunity -{ List project and work CERTIFICATE HOLDER CANCELLATION Economic Development Authority SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE '0 in and for the City of Brooklyn Center EXPIRATI DATE THE ISSUING COMPANY WILL EIQD7`'RVL�R 301 Shingle Creek Parkway. MAIL DAYSURIITEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE MN 55430 Brooklyn Center LEFT, et7T- FA�LZIAE -1C7'�tA1CSOCRIVtn(L� -;�>r �sE�v>TVat�srrrvN-vR Attention: QAgT17TY"Qt• AT7Y1n RQ C �P o O1PTIi1- m muni t CC Co Development �'��s• Director AUTHORIZED REPRESENTATIVE ACORO 23 -S 7�g� re: 0ACnnn CnRpopA rin" 1904