HomeMy WebLinkAbout1993 10-12 EDAP Regular Session EDA AGENDA
CITY OF BROOKLYN CENTER
OCTOBER 12, 1993
(following adjournment of City Council meeting)
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. September 20, 1993 - Special Session
* b. September 27, 1993 - Regular Session
5. Resolution:
* a. Accepting Quotations and Authorizing President and Executive Director to Enter
into Contract for Demolition of EDA Owned Property at 5305 Bryant Avenue
North
* 6. Adjournment
s
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CITY OF BROOKLYN CENTER Cotmeil Mcetmg Date October 12, 1993
Agenda Item Number " 1 a
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
EDA MINUTES - SEPTEMBER 20, 1993 - SPECIAL SESSION
EDA MINUTES - SEPTEMBER 27, 1993 - REGULAR SESSION
DEPT. APPROVAL:
Brad Hoffman, D ctor of Community Develop '
MANAGER'S REVIEW/RECOM MNDATION: '
No comments to supplement this report Comments below /attached
• SUI B ARY EXPLANATION: (supplemental sheets attached )
RECOMMENDED CITY COUNCIL _ C CO C CT ION
•
MINUTES OF THE PROCEEDINGS OF THE ECONOMIC DEVELOPMENT
AUTHORITY OF THE CITY OF BROOKLYN
CENTER IN THE COUNTY OF HENNEPIN AND THE STATE
OF MINNESOTA
SPECIAL SESSION
SEPTEMBER 20, 1993
(RESCHEDULED FROM SEPTEMBER 13, 1993)
CITY HALL
CALL TO ORDER
The Brooklyn Center Economic Development Authority met in special session and was
called to order by President Todd Paulson at 11:42 p.m.
ROLL CALL
President Todd Paulson, Commissioners Celia Scott, Dave Rosene, Barb Kalligher, and
Kristen Mann. Also present were City Manager Gerald Splinter, Director of Community
Development Brad Hoffman, Community Development Specialist Tom Bublitz, City
Attorney Charlie LeFevere, and Council Secretary Kathy Stratton.
DISCUSSION ITEMS
There was discussion regarding the Asbestos Abatement for Willow River Apartments
Located at 6725, 6727, and 6729 Willow Lane. Because of asbestos found in the ceiling
spray, the asbestos problem must be taken care of before any demolition can begin. The
Community Development Specialist explained the people involved in asbestos removal are
heading into a busy season now, but it should be done as soon as possible.
There was a motion by Commissioner Scott and seconded by Commissioner Kalligher to
authorize staff to proceed with asbestos removal for Willow River Apartments. The motion
passed unanimously.
APPROVAL OF AGENDA AND CONSENT AGENDA
Due to the lateness of the hour, the full agenda and consent agenda items were not
addressed.
9/20/93 - 1 -
APPROVAL OF MINUTES
AUGUST 23, 1993 - REGULAR SESSION
There was a motion by Commissioner Rosene and seconded by Commissioner Scott to
approve the minutes of the August 23, 1993, EDA meeting as printed. Commissioners
Kalligher and Mann abstained. The motion passed unanimously.
RESOLUTIONS
Due to the lateness of the hour, the RESOLUTION ACCEPTING QUOTE FOR
PRINTING SERVICES FOR COMMUNITY OUTREACH PROMOTIONAL
MATERIALS was not addressed.
Due to the lateness of the hour, the RESOLUTION REQUESTING THE CITY OF
BROOKLYN CENTER TO LEVY TAXES FOR THE BENEFIT OF THE BROOKLYN
CENTER ECONOMIC DEVELOPMENT AUTHORITY FOR THE YEAR 1994 was not
addressed.
Due to the lateness of the hour, the RESOLUTION APPROVING THE PROPOSED
BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY BUDGET FOR
THE YEAR 1994 PURSUANT TO MSA CHAPTER 469.107, SUBDIVISION 1
was not addressed.
ADJOURNMENT
There was a motion by President Paulson and seconded by Commissioner Scott to adjourn
the meeting. The motion passed unanimously. The Brooklyn Center Economic
Development Authority adjourned at 11:45 p.m.
Todd Paulson, President
Recorded and transcribed by:
Kathy Stratton
TimeSaver Off Site Secretarial
9/20/93 -2-
MINUTES OF THE PROCEEDINGS OF
THE ECONOMIC DEVELOPMENT
AUTHORITY OF THE CI'T'Y OF BROOKLYN
CENTER IN THE COUNTY OF HF.NNEPIN AND THE STATE
OF MINNESOTA
REGULAR SESSION
SEPTEMBER 27, 1993
CITY HALL
CALL TO RSL DER
The Brooklyn Center Economic Development Authority met in regular session and was
called to order by President Todd Paulson at 11:35 p.m.
ROQLL CALL
President Todd Paulson, Commissioners Celia Scott, Dave Rosene, Barb Kalligher, and
Kristen Mann. Also present were City Manager Gerald Splinter, Director of Community
Development Brad Hoffman, Community Development Specialist Tom Bublitz, City
Attorney Charlie LeFevere, and Council Secretary Kathy Stratton.
APPROVAL ,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 Councilmember Rosene and seconded by Couneilmember Scott to
approve the agenda and consent agenda. The motion passed unanimously.
APPROVAL _ F MINUTES
AUGUST 23, 1993 - REGULAR SESSION
There was a motion by Commissioner Scott and secondcd by Commissioner Mann to
approve the minutes of the August 23, 1993, EDA meeting as printed, The motion passed
unanimously.
SEPTEMBER 14 1993 - SPECIAL SESSION
There was a motion by Commissioner Scott and seconded by Commissioner Mann to
approve the minutes of the September 14, 1993, EDA meeting as printed. The motion
passed unanimously,
RESOLUTION
The City Manager presented a Resolution Accepting Quote for Printing Services for
Community and Outreach Promotional Materials.
9/27/93 - 1 -
RESQ U�TIO._N NO. 93
Commissioner Dave Rosene introduced the following resolution and moved its adoption:
RESOLUTION ACCEPTING QUOTE FOR PRINTING SERVICES FOR COMMUNITY
AND OUTREACH PROMOTIONAL MATERIALS
The motion for the adoption of the foregoing resolution was duly seconded by
Commissioner Scott, and the motion passed unanimously.
The City Manager presented a Resolution Authorizing Execution of Purchase Agreement
for the Acquisition of 5500 Emerson Avenue North and Authorizing Payment for
Acquisition Costs.
There was a motion by Commissioner Kalligher and seconded by Commissioner Scott to
deny the Resolution Authorizing Execution of Furchase Agreement for the Acquisition of
5500 Emerson Avenue North and Authorizing Payment for Acquisition Costs. The vote:
4 aye, 1 nay. Commissioner Scott voted nay.
The City Manager presented a Resolution Approving One (1) Brooklyn Center Economic
Development Authority Grant (File No H -115 [8041])
RESQL UTION NO, 93 -34
Cuininissioncr Celia Scott introduced the following resolution and moved its adoption:
RESOLUTION APPROVING ONE (1) BROOKLYN CENTER ECONOMIC
DEVFT.OPMENT AUTHORITY GRANT (FILE NO. H - 115 [8041])
The motion of the adoption of the foregoing resolution was duly seconded by Commissioner
Kalligher. The motion passed unanimously.
ADJOURNMENT
There was a motion by Commissioner Kalligher and seconded by Commissioner Rosene to
adjourn the meeting. The motion passed unanimously. The Brooklyn Center Economic
Development Authority adjourned at 11:38 p.m.
Todd Paulson, President
Recorded and transcribed by:
Kathy Stratton
TimeSuver Off Sitc Secretarial
9/27/93 -2-
CITY OF BROOKLYN CENTER Council Meeting Date 10/12/93
Agenda Item Number
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
RESOLUTION ACCEPTING QUOTATIONS AND AUTHORIZING PRESIDENT AND
EXECUTIVE DIRECTOR TO ENTER INTO CONTRACT FOR DEMOLITION OF EDA
OWNED PROPERTY AT 5305 BRYANT AVENUE NORTH
DEPT. APPROVAL:
Tom Bublitz, Community Development Specialist
MANAGER'S REVIEW/RECONMENDATION:
No comments to supplement this report . Comments below /attached
SUMMARY EXPLANATION: (supplemental sheets attached X )
Invitations to submit proposals for the demolition of 5305 Bryant Avenue North were sent to seven
demolition contractors. The contractors to which invitations were sent are as follows: Carl
Bolander and Sons Company, Veit & Company, Inc., Kevitt Excavating, Inc., Herbst and Sons
Construction Company, Inc., Doty and Sons, Inc., Roger Kjelberg and Christians, Inc.
Only one quotation was received for the demoltion. The quote received was submitted by Veit &
Company, Inc., and totaled $6900.00.
Staff believes the quote submitted by Veit & Company for demolition of the property is a
reasonable quote based on previous prices obtained for demoltion of single - family properties in the
City and based on previous quotations submitted by Veit & Company. Also, Veit & Company, Inc.,
has performed satisfactory demolition work for the City in the past.
Veit & Company, Inc., has been awarded the last three demolitions in the City, and the following
table shows a comparison of the lump sum and per square foot cost of the previous three
demolitions completed by the EDA:
I . ' . ..Pi1: .. _. •.... �` � 5 ::: �::: :::: :' %'f :: ': s
`' >t!.::;:::: } ..........................'.:�` TAM::!........:::::: ..::::::::.:.'+R.:.. +:..!�T.:4T .........
..........................................:..:::::::::.::::::..::....................................:...::::::.::::::::::::::::::::::::: :..::::::::::..:::::::::::., ::- ::.......::. ::...........:..... ...................::::::::::::
419 - 69th Ave. No. $4,316.90 $5.07
• 6601 Bryant Ave. No. $4 $3.27
5206 Drew Ave. No. $3,691.00 $7.29
5305 Bryant Ave. No. $6,900.00 $5.10
Three of the properties listed in the table above did not have basements. 5305 Bryant Avenue
North has approximately 616 square feet of basement area. The major factor affecting the price
of this demoltion is the demolition and backfill of the basement area.
Funding for both the acquisition and demolition of this project is being obtained from the City's
Community Development Block Grant allocation.
RECOMMENDATION
Staff recommends approval of the Resolution Accepting Quotations and Authorizing President and
Executive Director to Enter into Contract for Demolition of EDA Owned Property at 5305 P tY Bryant
Avenue North.
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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 EDA OWNED PROPERTY AT 5305 BRYANT
AVENUE NORTH
WHEREAS, invitations to submit quotations for the
demolition of 5305 Bryant Avenue North were sent to seven (7)
demolition contractors; and
WHEREAS, quotations were received for the demolition of
5305 Bryant Avenue North; and
WHEREAS, the following quotation was received:
Company Name Ouote
Veit & Company, Inc. $6,900.00
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 5305 Bryant Avenue North submitted
by Veit & Company, Inc., in the amount of $6,900.00; and the EDA
President and Executive Director are hereby authorized to enter
into a contract for demolition of the property 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.
SPECIFICATIONS FOR STRUCTURE DEMOLITION
5305 BRYANT AVENUE NORTH
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 October 6, 1993 for structure demolition at 5305
Bryant Avenue North 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 site. Contact Tom
Bublitz, Community Development Specialist, at 569 -3433 to arrange a visit.
3. Work under this contract shall be completed by November 19, 1993
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. 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.
3. 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.
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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 3.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 bodily injury and property damage.
Statutory for personal injury protection
C. Workers' Compensation coverage to include all employees and
employees of any subcontractor 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 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 3.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
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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,
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.
4. 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.
5. 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
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permit. However, the contractor shall pay the State Surcharge, if any.
6. 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.
7. 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.
8. 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.
9. 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 contractor and the owner.
SPECIAL CONDITIONS
I. RESTORATION PROCEDURES
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
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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 materials removed, other than utility -owned fixtures, and debris
resulting from the clean -up operations, shall become the property of the
contractor and disposed of by him in an approved public landfill.
All depressions resulting from structure removals, basement excavations,
grubbing operations and other causes shall be backfilled and compacted with
approved fill material. Four (4) inches of topsoil 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
topsoil is placed shall also be seeded with grass seed.
Building removal and basement backfill shall conform to Section 2103,
Building Removal, of the 1988 edition of the MNDOT Standard Specifications
for Construction.
2. 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
(house side). Install one -foot section of 3/4 -inch copper pipe, crimped and
silver soldered, to house side of curb stop. Mark with 4 -inch x 4 -inch
post.
The City shall require notification prior to service removal so accurate
ties can be obtained at all cut -off locations.
3. 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.
4. 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.
5. 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
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equipment shall be removed from the site prior to final payment.
6. 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.
7. 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.
8. 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.
9. 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
November 19, 1993 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.
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.
10. 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 9. 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 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
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$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.
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.
11. FAILURE TO PERFORM
In the event the Community Development Director determines that any of the
provisions of the Specifications have not been complied with by the
contractor, the Community Development Director 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
Community Development Director 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.
12. 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 payment is accepted by the contractor.
fo :bidepecdem
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CONTRACT FOR SITE DEMOLITION
5305 BRYANT AVENUE NORTH
BROOKLYN CENTER, MINNESOTA
This Agreement made this 12th day of October, 1993, by and
between Veit and Company, 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:
Site demolition at 5305 Bryant 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 Instructions to Bidders and
Specifications for Site Demolition, including Section N. WORK
COMPLETION.
III
The Contract Sum
The OWNER shall pay the CONTRACTOR for the performance of
this Contract the sum of $6,900.00 upon satisfactory
completion of the work under this Contract in accordance with
Instructions to Bidders and Specifications for Site 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 of Section L. INSURANCE REQUIREMENTS of the
Instructions to Bidders and Specifications for Site Demolition.
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 Bid of the Contractor
2. Instructions to Bidders and Specifications for Site
Demolition
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 , 1993, 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 , 1993, 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 , 1993, 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