HomeMy WebLinkAbout1992 10-13 EDAP Regular Session EDA AGENDA
CITY OF BROOKLYN CENTER
OCTOBER 13, 1992
(following adjournment of City Council meeting)
7 p.m.
1. Call to Order
2. Roll Call
3. Approval of Minutes:
a. EDA Minutes - September 28, 1992 - Special Session
4. Resolutions:
a. Authorizing Execution of Purchase Agreement for the
Acquisition of 6601 Bryant Avenue North in Brooklyn
Center and Authorizing Payment for Acquisition Costs
b. Accepting Quotations and Awarding Contract for Demolition
of 5206 Drew Avenue North
5. Adjournment
CITY OF BROOKLYN CENTER council Meeting Date Octobcr 13.1992
Agenda Item Number — 3
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
EDA MINUTES - SEPTEMBER 28, 1992 - SPECIAL SESSION
DEPT. APPROVAL:
Brad Hoffman, EDA Coordinator
MANAGER'S REVIEWlRECONEIl IENDATION:
No comments to supplement this report Comments below /attached
• SUMMARY EXPLANATION: (supplemental sheets attached )
RECOMMENDED CITY COUNCIL ACTION
•
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 28, 1992
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 10.20 p.m.
ROLL CALL
President Todd Paulson, Commissioners Celia Scott, Jerry Pedlar, Dave Rosene, and Philip
Cohen. Also present were City Manager Gerald Splinter, EDA Coordinator Brad Hoffman,
Assistant EDA Coordinator Tom Bublitz, City Attorney Charlie LeFevere, Director of
Planning and Inspection Ron Warren, and Council Secretary Nancy Berg.
APPROVAL OF MINUTE
SEPTEMBER 28, 1992 - SPECIAL SESSION
There was a motion by Commissioner Scott and seconded by Commissioner Pedlar to
approve the minutes of the September 14, 1992, EDA meeting, The motion passed
unanimously.
DISCUSSION ITEM.
The City Manager prescntcd the Minnesota Housing Finance Agency (MHFA) Multi- Family
Blighted Property Removal Program. He explained the 1992 legislature appropriated
$750,000 to the MHFA for the acquisition and /or removal of blighted multi- family
residential buildings. He further explained the grant funds can be used to acquire and
demolish blighted multi - family properties.
The Assistant EDA Coordinator recommended the application be targeted to the four
boarded -up fourplexes in the 6700 block of Humboldt Avenue North. He further stated the
deadline for submission of the grant request is October 26, 1992.
Mr. Gene Ranieri with Publicorp stated the Program is limiting in that the houses would
have to be replaced with the same type housing which is not always the best use of the
property,
9/28/92 - 1 -
Commissioner Rosene thanked Mr. Ranieri for his input and for staying until such a ]at
hour.
RESOLUTIONS
The City Manager presented a resolution authorizing execution of purchase agreement for
the acquisition of 5206 Drew Avenue North in Brooklyn Center and authorizing payment
for acquisition costs.
RESOLUTION NO. 92 -35
Member Celia Scott introduced tho following resolution and moved its adoption;
RESOLUTION AUTHORIZING EXECUTION OF PURCHASE AGREEMENT FOR
THE ACQUISITION OF 5206 DREW AVENUE NORTH IN BROOKLYN CENTER
AND AUTHORIZING PAYMENT FOR ACQUISITION COSTS
The motion for the adoption of the foregoing resolution was duly seconded by Member ,Terry
Pedlar, and the motion passed unanimously.
ADJOURNMENT
There was a motion by Commissioner Cohen and seconded by Commissioner Pedlar to
adjourn the meeting. The motion passed unanimously. The Brooklyn Center Economic
Development Authority adjourned at 10:30 p.m.
Todd Paulson, President
Recorded and transcribed by:
Nancy Berg
Northern Counties Secretarial Services
9/28/92 -2,
CITY OF BROOKLYN CENTER council Meeting Date October 13, 1992
Agenda Item Number
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
RESOLUTION AUTHORIZING EXECUTION OF PURCHASE AGREEMENT FOR THE
ACQUISITION OF 6601 BRYANT AVENUE NORTH IN BROOKLYN CENTER AND
AUTHORIZING PAYMENT FOR ACQUISITION COSTS
DEPT. APPROVAL:
Tom'$ublitz, Assistant EDA Coordinator
MANAGER'S REVIEW/RECONBIENDATION:
No comments to supplement this report Comments below /attached
SUIVIrMIARY EXPLANATION: (supplemental sheets attached )Les
EDA Resolution 92 -34 authorized EDA staff to make an offer of $43,000 for the single family
property at 6601 Bryant Avenue North. This acquisition would be undertaken as part of the EDA's
Scattered Site Acquisition Program.
The original owner of the property is deceased and the property is currently in an estate.
Negotiations for the acquisition are being conducted through Mr. Jon Perkins, the realtor
representing the executor of the estate, and Mr. Glenn Froberg, attorney for the executor. The
executor of the estate is located in the state of Pennsylvania.
The executor of the estate has agreed to the $43,000 purchase price, and the terms of the enclosed
purchase agreement.
This acquisition is being undertaken as a voluntary acquisition, and staff is recommending
Community Development Block Grant (CDBG) funds be used for the acquisition.
RECOMMENDATION
Staff recommends approval of resolution.
Commissioner introduced the following
resolution i n and moved its adoption:
tion:
EDA RESOLUTION NO.
RESOLUTION AUTHORIZING EXECUTION OF PURCHASE AGREEMENT
FOR THE ACQUISITION OF 6601 BRYANT AVENUE NORTH IN
BROOKLYN CENTER AND AUTHORIZING PAYMENT FOR ACQUISITION
COSTS
WHEREAS, on September 14, 1992, the Brooklyn Center
Economic Development Authority approved Resolution 92 -34,
Resolution Authorizing the Acquisition of Certain Real Property
Within the City of Brooklyn Center and Establishing Offer of Just
Compensation for Said Property Located at 6601 Bryant Avenue North
in Brooklyn Center; and
WHEREAS, Resolution 92 -34 established the fair market
value of the real property located at 6601 Bryant Avenue North and
authorized the Economic Development Authority staff to make a
written offer of $43,000.00 to the owner of the real property at
6601 Bryant Avenue North for the acquisition of the property; and
WHEREAS, the owner of the real property described in
Resolution 92 -34 has accepted the Economic Development Authority's
offer of just compensation and has agreed to execute a purchase
agreement for the acquisition of the real property; and
NOW, THEREFORE, BE IT RESOLVED by the Brooklyn Center
Economic Development Authority that:
1. The terms of the purchase agreement for acquisition
of 6601 Bryant Avenue North in Brooklyn Center are
hereby approved and the President and Executive
Director of the Brooklyn Center Economic
Development Authority are hereby authorized to
execute the purchase agreement on behalf of the
Brooklyn Center Economic Development Authority.
2. The Brooklyn Center Economic Development Authority
hereby authorizes payment of $43,000.00 for the
acquisition of 6601 Bryant Avenue North in Brooklyn
Center to be paid to the owner on the day of
closing for the property at 6601 Bryant Avenue
North as per the terms of the purchase agreement.
Date Todd Paulson, President
EDA Resolution No.
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.
PURCHASE AGREEMENT
This Purchase Agreement made this day of
1992, by and between Joyce V. Costello as executor of the estate
for the deceased Charles Scheel, Owner(s) and Seller(s)
(collectively the "Seller ") , and the Economic Development Authority
in and for the City of Brooklyn Center, with offices at 6301
Shingle Creek Parkway, Brooklyn Center, Minnesota, Buyer.
WITNESSETH:
WHEREAS, Seller is the owner of that certain real estate described
in paragraph 1 below (the "Subject Property "); and
WHEREAS, Buyer desires to acquire the Subject Property to own in
fee simple for redevelopment purposes; and
WHEREAS, Seller agrees to sell the Subject Property to Buyer; NOW,
THEREFORE, the parties hereto hereby agree as follows:
1. Earnest Money That in consideration of the mutual agreements
herein contained and the sum of One Dollar and No Cents
($1.00) ( "Earnest Money ") paid by the Buyer to the Seller, the
receipt of which is hereby acknowledged, the Seller hereby
grants unto the buyer the exclusive right to purchase the
Is following tract or parcel of land (Subject Property) situated
in the County of Hennepin, State of Minnesota, to -wit.
That part of Lot 43 lying easterly of a line running from a
point in the north line thereof, distance 163.3 feet west from
the northeast corner thereof, to a point in the south line
thereof, distance 163.28 west from the southeast corner
thereof except street, Lot 43, Auditor's Subdivision 310 to
Hennepin County.
PID #36- 119 -21 -24 -0009
2. Purchase Price The purchase price for the Subject Property
shall be Forty -Three Thousand and No /100 Dollars ($43,000.00)
payable by check on the Closing Date. The Earnest Money shall
be applied as a partial pre - payment thereof. The Buyer, in
its discretion and in partial payment of the purchase price,
may assume or take title subject to any existing indebtedness
encumbering the Subject Property, in which case the cash to be
paid at the time of closing shall be reduced by the then
remaining indebtedness.
3. Marketability of Title The Seller shall, within ten (10)
days of the date of this Purchase Agreement, deliver to the
Buyer all unrecorded instruments relating to interests in the
1
Subject Property, and abstract of title or a registered
property abstract continued to the date of delivery and
including proper searches for judgments, bankruptcies, state
and federal tax liens, real estate taxes and special
assessments, showing marketable title to the Subject Property
in the Seller. After delivery of said abstract or registered
property abstract, the Buyer shall have twenty (20) days for
the examination thereof, and to deliver written objections, if
any, to the Seller. Seller shall permit no additional
encumbrances to be made upon the Subject Property between the
date of this Purchase Agreement and the Closing Date. In the
event that title to the Subject Property is found by the Buyer
to be unmarketable, and cannot be made marketable by the
Seller by the Closing Date, then, at the option of the Buyer,
this Agreement shall be null and void, and the Earnest Money
shall be refunded forthwith to the Buyer.
4. Closing Date The closing of the sale of Subject Property
shall take place sixty (60) days after the date of this
Purchase Agreement, or at such earlier or later date as may be
mutually agreed upon by the Seller and Buyer.
5. Deed Delivered at Closing Seller agrees to give good and
marketable title to Subject Property in fee - simple, together
with all improvements, hereditaments and appurtenances
thereunto belonging and all of the right, title and interest
of the Seller in and to any streets or alleys adjoining or
abutting thereon, and to convey the same by personal
representative deed joined in by all individuals known
collectively as Seller herein, and in form acceptable to
counsel for Buyer.
6. Seller's Representations and Adjustments The Seller agrees
to free the Subject Property from all taxes, assessments,
leases, liens, and encumbrances and charges of any kind to the
date of closing, except that it is agreed that all real estate
taxes due and payable in the year of the Closing Date and all
rents, utilities, insurance premiums on transferable policies
and other income and expenses relating to the Subject
Property, shall be pro -rated to Seller and Buyer as of the
Closing Date. Seller warrants that there has been no labor or
material furnished to the property for which payment has not
been made. This warranty shall survive the delivery of the
deed at closing.
7. Costs to Clear Title and Closing Costs If the Seller fails
to clear title to the extent herein required, or to submit
evidence of his ability to do so, and such failure continues
for ninety (90) days after the notice of defects, the Buyer
may clear title to the extent required and charge the cost of
clearing to the Seller. All expenses of examination of title,
recording the Seller's personal representative deed, transfer
2
taxes, documentary stamps, evidence of title, boundary survey
and legal description of the Subject Property, and similar
expense incidental to conveying the Subject Property to the
Buyer shall be paid by the Buyer.
8. Exceptions to Marketable Title Seller shall convey
marketable title to the Subject Property to the Buyer subject
only to the following exceptions:
a. Building and zoning laws, ordinances, State and Federal
regulations.
b. Reservation of any minerals or mineral rights to the State
of Minnesota.
C. Utility and drainage easements.
9. Possessions and Insurance Seller shall continue in
possession of the Subject Property until the Closing Date, and
shall maintain it in its present condition. On the Closing
Date possession shall be transferred to the Buyer. Risk or
loss from casualty or any liability incurred by or as a result
of the use or contact with the Subject Property shall be the
Seller's until delivery of possession to the Buyer as herein
provided.
10. Personal Property On Closing Date, or vacation date,
whichever is later, the Seller shall have removed from the
Subject Property any and all personal property belonging to
him. The Seller shall hold the Buyer harmless for the
disposal of personal property left in or at the Subject
Property by the Seller after the date of closing or date of
vacation if later.
11. Entire Agreement; Amendments This Purchase Agreement
constitutes the entire agreement between the parties and no
other agreement prior to this Purchase Agreement or
contemporaneous herewith shall be effective except as
expressly set forth or incorporated herein. Any purported
amendment hereto shall not be effective unless it shall be set
forth in writing and executed by both parties hereto or their
respective successors or assigns.
12. Binding Effect; Assignment This Purchase Agreement shall be
binding upon and inure to the benefit of the parties hereto
and their respective heirs,, executors, administrators,
successors and assigns. Buyer shall not assign his rights and
interest hereunder without notice to Seller except to the
State of Minnesota, and Seller shall give notice to Buyer of
assignment of its interests in the manner prescribed in
paragraph 15 hereof.
13. Notice Any notice, demand, request or other communication
which may or shall be given or served to or on Seller by Buyer
3
or to or on Buyer by Seller shall be deemed to have been g iven
or served on the date the same is deposited in the United
States mail, registered or certified, postage prepaid and
addressed as follows:
a. If to Seller: Joyce V. Costello, Personal Representative
c/o Jon Perkins
Edina Realty
7100 Brooklyn Boulevard
Brooklyn Center, MN 55429
b. If to Buyer: Economic Development Authority
in and for the City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
With Copy To: Corrine Heine
Holmes and Graven, Chartered
470 Pillsbury Center
Minneapolis, MN 55420
14. Default by Buyer If title is marketable or is made
marketable as provided herein and Buyer defaults in any of the
agreements herein, Seller may cancel this agreement as
provided by statute.
15. Default by Seller If title is marketable or is made
marketable and Seller defaults in any of the agreements
herein, Buyer may seek damages from Seller, including costs
and reasonable attorney's fees or seek specific performance
within six (6) months after such right of action arises.
16. Agency Disclosure Mr. Jon Perkins, a licensed real estate
agent with the State of Minnesota, stipulates he is
representing the Seller in this transaction.
4
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands, the day and year first printed above.
Seller
Seller
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
On this the day of 1992, before me,
a Notary Public, personally appeared and
, known to me to be the persons whose names are
subscribed to the within instrument and who executed the same for
the purpose therein contained as their free and voluntary acts.
Notary Public
Buyer, Todd Paulson
Its President
Buyer, Gerald G. Splinter
Its Executive Director
STATE OF MINNESOTA)
SS.
COUNTY OF HENNEPIN)
On this the day of , 1992, before
me, a Notary Public, personally appeared and
, known to me to be the persons whose names are
subscribed to the within instrument and who executed the same for
the purpose therein contained as their free and voluntary act.
Notary Public
5
i
CITY OF BROOKLYN CENTER Council Meeting Date OctoberI3. 1992
Agenda Item Number
REQUEST FOR COUNCIL CONSIDERATION
ITEM DESCRIPTION:
RESOLUTION ACCEPTING QUOTATIONS AND AWARDING CONTRACT FOR
DEMOLITION OF 5206 DREW AVENUE NORTH
DEPT. APPROVAL:
T m Bublitz, Assistant ED Coordinator
MANAGER'S REVIEW/RECONEWENDATION: .0 ' ' {� ��
No comments to supplement this report Comments below /attached
• SU MLARY EXPLANATION: (supplemental sheets attached Yes
Quotations for demolition of 5206 Drew Avenue North were requested from three (3) demolition
companies: HRS Construction, Inc., Doty & Sons, Inc., and Veit and Company, Inc.
Quotes were received from Doty & Sons, Inc., and Veit and Company, Inc. HRS Construction,
Inc., indicated their current workload and schedule did not permit them to submit a quote on the
demolition, but they would be interested in future demolition work for the City. Both HRS
Construction, Inc., and Doty & Sons, Inc., have done demolition work for the City before and have
performed very well. Veit and Company has not done demolition work for the City of Brooklyn
Center, but they have done demolition work for the City of Brooklyn Park and, according to
Brooklyn Park City staff, have performed very well for them.
Staff is recommending acceptance of the quotation from Veit and Company, for demolition
g P q Inc.,
of 5206 Drew Avenue North. A co of the contract for demolition is included with this request
uest Q
form.
RECOMMENDATION
Staff recommends approval of resolution.
Commissioner introduced the
following resolution and moved its adoption:
EDA RESOLUTION NO.
RESOLUTION ACCEPTING QUOTATIONS AND AWARDING CONTRACT
FOR DEMOLITION OF 5206 DREW AVENUE NORTH
WHEREAS, quotations were received for the demolition of
5206 Drew Avenue North; and
WHEREAS, the following quotations were received:
Company Name Ouote
HRS Construction, Inc. no quote
Doty & Sons, Inc. $4,825.00
Veit and Company, Inc. 3,691.00
NOW, THEREFORE, BE IT RESOLVED by the Economic
Development Authority in and for the City of Brooklyn Center, that
the quotation for demolition of 5206 Drew Avenue North submitted
by Veit and Company, Inc., in the amount of $3,691.00, is hereby
accepted; and the EDA Executive Director is hereby authorized to
enter into a contract for demolition of the property described
herein, contingent upon the EDA taking possession of the property.
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.
CONTRACT FOR SITE DEMOLITION
5206 DREW AVENUE NORTH
BROOKLYN CENTER, MINNESOTA
This Agreement made this day of ,
1991, 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 5206 Drew 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 Demolition,
including paragraph number 3 in the Instructions to Bidders'
section of the Specifications for Site Demolition.
III
The Contract Sum
The OWNER shall pay the CONTRACTOR for the performance of
this Contract the sum of $3,691.00 upon satisfactory
completion of the work under this Contract in accordance with
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 Sections 3 through 6 of the General
Conditions of the 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 Proposal of the Contractor
2. 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
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 , 1991, 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 , 1991, 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)
) BS.
COUNTY OF HENNEPIN)
.On this day of , 1991, before me a Notary
Public within and for said County, personally appeared to
me personally known who, being by me duly sworn, did say that he is the 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 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
PROPOSAL FORM
SITE DEMOLITION AT 5206 DREW AVENUE NORTH
BROOKLYN CENTER, MINNESOTA
OWNER
Brooklyn Center Economic Development Authority
6301 Shingle hingle Creek Parkway
Brooklyn Center, MN 55430
TO: The Brooklyn Center Economic Development Authority:
The undersigned has examined the project documents,
including the instructions to bidders, general contract
conditions, special contract conditions, is familiar with
the site and location of the project, the nature of the
work and local conditions affecting the cost of the work
and hereby proposes to furnish all equipment, labor,
materials and supervision to complete the work, in
accordance with the specifications contained herein, for
the sum of $ _''3:
It is understood by the undersigned that the right is
reserved by the owner to reject any or all quotes and to
waive irregularities and formalities in order to serve
the best interests of the owner.
If this quote is accepted, the undersigned agrees to
promptly furnish a performance bond in the full amount of
the contract award within ten (10) days of the contract
award.
Respectfully submitted,1�
Bidder is Corporat' „) (Part rship) (Individual)
r
Firm :.
By
Title
Address LET �J2c.f
��—
ZIP Code
Telephone hlZ
SPECIFICATIONS FOR SITE DEMOLITION
5206 DREW AVENUE NORTH
BROOKLYN CENTER, MINNESOTA
INSTRUCTIONS TO BIDDERS
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., October 8 1992, for site demolition at 5206 Drew 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, Assistant EDA Coordinator, at 569 -3433 to arrange a visit.
3. Work under this contract is to begin on or about October 22, 1992. The
contractor shall complete the work by November 13, 1992.
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 successful bidder 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.
-1-
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
-2-
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. OWNER'S RIGHT TO TERMINATE CONTRACT
Failure by the contractor to comply with any section of the contract
documents may result in the termination of the contract with 48 hours
written notice from the owner.
5. PROSECUTION OF WORK
Contractor shall furnish all equipment, labor, materials and supervision
to perform all work in accordance with the specifications.
The work shall commence on the day stated in item number 3 in the
Instructions to Bidders and shall continue until completed on or before
the completion date specified in item number 3 in the Instructions to
Bidders. Failure to do so may result in the termination of the contract
with 48 hours written notice from the owner.
The following circumstances will, at the owner's discretion, be considered
legitimate cause for a change in the start or 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.
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6. PERMITS AND /OR LICENSES
The contractor shall,
1 t his own expense, procure all re e
P P 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.
7. 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.
8. 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.
9. 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.
10. 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
1. 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
contractor's responsibility to become knowledgeable with regard to all
applicable rules and regulations.
The contractor shall demolish all building 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, 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.
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All depressions resulting from structure removals, basement excavations,
grubbing operations and other causes shall be backfilled and compacted with
approved fill material. Six (6) 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.
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 water 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.
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
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.
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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. 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.
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