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HomeMy WebLinkAboutContract 2011 2404 Contract # CITY OF COLUMBIA HEIGHTS WORK AGREEMENT This Agreement is made this 10 day of October, by and between the City of Columbia Heights ( "the City ") and Drobnick's Demolition (the "Contractor ") for Building Demolition, one single family homes and one detached garage located at properties at 4133 2 "`' Street as detailed in the Bid Request. WITNESSETH: WHEREAS, the City desires to have performed or constructed the services or facilities described in the Contract Documents (the "work "); WHEREAS, Contractor represents that it has the necessary personnel, experience, competence, and legal right to perform the Work; WHEREAS, the City has adopted a motion authorizing the city staff to enter a contract for the completion of the Work specified herein. - NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: 1. WORK TO BE COMPLETED ... The Work shall be performed in strict accordance with the Contract Documents. The Contractor shall carefully review all of the Contract Documents before performing the Work and shall promptly call to the attention of the City any discrepancy or inconsistency which may exist between any two or more documents or between any parts of the same document. The City shall have discretion as to how to address any such discrepancy or inconsistency and shall modify, interpret, or adjust the Contract Documents accordingly as the case may be. A total of 2 structures on 1 property is included in this demolition. Removal of all trees and underbrush within 6 feet of the garage and between the garage and back of the lot shall be part of this demolition. Any tree removal questions should be directed to the City Forester Lauren McClanahan 763 - 706 -3711. Refer to Clearing and Grubing section of the "Standard and Specifications for Removals, Excavation, and Restoration" for further information. Seeding of the site per specifications outlined in "Standard Specifications for Removals, Excavations, and Restorations" required by June 15, 2012, a 10% retainer will be held until proper seeding is completed. If the specifications are not met by September 15, 2012 or grass in to established in a timely manner the City will use the 10% retainer to seed the lots. 2. CONTRACT DOCUMENTS... The Contract Documents shall consist of this Work Agreement and the Scope of Work & Specifications prepared by the City, and signed by you, in connection with the Work (where specified), the Standard and Specifications for Removals, Excavation, and Restoration, all Amendment Request Certificates approved by the City, all Change Orders issued by the City, the Notice to Proceed, the Completion Certificate, and written interpretations of the Contract Documents issued by the City. The Contract Documents shall, insofar as is possible, be interpreted to be consistent with one another. Any inconsistencies shall be addressed in accordance with paragraph 1 of this Agreement. 3. PERMITS AND REGULATIONS ... Prior to commencing the Work, the Contractor shall secure all necessary building permits and licenses as may be required, and before and during the progress of the Work, give all notices and comply with all the laws, ordinances, rules, and regulations of every kind and nature now or hereafter in effect that are promulgated by any federal, state, county, or other governmental authority, relating to the performance of the Work. If the Contractor's performance is contrary to any such law, ordinance, rule, or regulation, it shall bear all costs arising there from. Contractor specifically agrees to abide by and observe all standards and regulations of the Occupational Safety and Health Administration, which are applicable to the Work. 4. PROSECUTION OF THE WORK ... The Contractor shall at all times prosecute the Work diligently so as to insure its completion in full accordance with the Contract Documents and shall at all times furnish sufficient numbers and amounts of properly skilled Workers, acceptable materials and equipment, adequate services, construction tools, and equipment. The Work shall be performed in a good and Workmanlike manner. Contractor shall keep the Work site clean and orderly during the course of the Work and remove all debris at the completion of the Work. If the Contractor is negligent in these areas, the City reserves the right to perform this work with its own forces at overtime rates. The costs of such work shall be charged to the Contractor. The Contractor will adequately protect the Work from damage, will protect the property from injury or Loss, and will take all necessary precautions during the progress of the Work to protect all persons and the property of others from injury or damage. The Contractor will assume full responsibility for all its tools and equipment and all materials to be used in connection with the Work. Materials and equipment that have been removed and replaced, as part of the Work shall belong to the Contractor unless agreed otherwise. 5. COMMENCEMENT AND COMPLETION OF WORK; LIQUIDATED DAMAGES ... The Work must not start until after October 10, 2011 and all contracts have been signed and must be satisfactorily completed in the opinion of the City by November 25, 2011. If the Contractor is unable to commence the Work by the specified date, it must promptly notify the City. In the event the Work is not completed by the specified date, the Contractor and its sureties shall be assessed liquidated damages of one percent (1%) of the total Contract Price or fifty dollars ($50.00), whichever is greater, per day for each calendar day of delay excluding Saturday, Sunday, and legal holidays. This sum shall be deducted from the Contract Price at the time of payment. This provision for liquidated damages represents the best estimate by the City and the Contractor of loss suffered by the City due to failure to complete the Work on time, and shall not be, or is deemed to be, a penalty or forfeiture. This provision for liquidated damages is in addition to any and all other rights and remedies to which the City may be entitled at law or in equity in connection with this Agreement. 6. EXCUSABLE DELAYS ... The following circumstances, and only these circumstances, will, at the City's discretion, be considered legitimate cause for a change in the commencement and /or completion dates specified in paragraph 5 of this Agreement: a. Material delay -- material delays that are beyond the control of the Contractor, which can be shown to have directly caused the overall late completion. b. Adverse weather conditions -- weather conditions that directly affect the scheduling of exterior work over a significant portion of the term of this Agreement. c. Strikes -- Contractors who face union work stoppage in the case where they have to rely on such a work force in order to complete the Work. d. Amendments -- significant amendments in the original scope of work, which can be reasonably shown to require an extension of the time, allowed for completion. e. Emergencies -- accidents, death or illness in the immediate family of the Contractor, which necessitates a significant leave of absence from the job. f. Proven lack of cooperation from persons in possession of the property resulting in significant delays. g. Proven lack of cooperation from the Contractor's agents resulting in significant delays. 7. AMENDMENT REQUEST CERTIFICATE ... Changes in the scope, specifications, or cost of the Work that are proposed by the Contractor subsequent to the execution of this Agreement shall be considered Amendments. No such Amendments shall be made without prior written approval by the City. Any Amendment proposed by the Contractor shall be submitted via an Amendment Request Certificate. The Amendment Request Certificate must: (a) be signed and dated by the Contractor; (b) specify how the Work is to be amended and the cost for such Amendments; and (c) specify the reason for any cost increase /decrease resulting from the Amendment(s). The City will approve or disapprove the Amendment Request Certificate after appropriate review and property inspection. If approved, a copy of the signed Amendment Request Certificate will be forwarded to the Contractor. Upon receipt by the Contractor of the approved Amendment Request Certificate, the approved Amendment(s) may be implemented. All Amendments made before receipt of an approved Amendment Request Certificate will not be compensable by the City. No such Amendment Request Certificate shall be deemed to constitute a waiver of any remaining covenant, agreement, tern, or condition contained in the Contract Documents. 8. CHANGE ORDER ... The City shall have the right, within the general scope of the Work and without notice to any surety or sureties of the Contractor, to make changes in the Work, either by altering the nature of the same or by adding to or deducting from it. All changes shall, except in the case of emergencies endangering the safety of persons or property be made by written Change Order. The Contractor shall promptly comply with any and all written Change Orders. No such Change Order shall be deemed to invalidate the remaining terms and conditions contained in the Contract Documents. 9. GENERAL GUARANTY ... The Contractor hereby guarantees to the City that all of the Work shall be done in competent, workman -like manner and that such Work shall be and remain free of defects in workmanship and materials for a period of one (1) year from the date that the City executes the Completion Certificate pursuant to paragraph 17 of this Agreement. The Contractor warrants that all materials and equipment furnished in connection with the Work will be new, unless otherwise specified, and be of good quality and free from faults and defects. The Contractor shall assign to the City (if assignable) or enforce for the benefit of the City (if not assignable) any guarantees provided by manufacturers or sellers of machinery materials or equipment that are to be incorporated into the Work. The City's acceptance of the Work shall not be deemed to be a waiver of any of the City's rights under this paragraph. 10. WAIVER OF LIABILITY ... It is agreed that the Work is undertaken at the sole risk of the Contractor. The Contractor does expressly forever release the City of Columbia Heights from any claims, demands, injuries, damage actions, or causes of action whatsoever, arising out of or connected with the Work. 11. INDEMNIFICATION ... Any and all claims that arise or may arise as a consequence of any act or omission on the part of the Contractor, its agents, servants, or employees while engaged in the performance of the Work shall in no way be the obligation or responsibility of the City of Columbia Heights. The Contractor shall indemnify, hold harmless, and defend the City of Columbia Heights, council members, officers, employees, successors, and assigns against any and all liability, loss, cost, damages, expenses, claims, or actions, including attorney's fees which the City of Columbia Heights, council members, officers, or employees may hereinafter incur or be required to pay on account of injury to or death of any person or persons or damage to any property arising out of or by reason of any act or omission of the Contractor, its agents, servants, or employees in the execution, performance, or failure to adequately perform its obligations under this Agreement, whatever the cause of such injuries or damage. 12. INSURANCE ... The Contractor agrees that in order to protect itself, the City of Columbia Heights under the indemnity provisions set forth in paragraph 11 of this Agreement, it will at all times during the term of this Agreement, maintain, at a minimum, the following insurance policies: a. Workers Compensation Insurance. The Contractor shall maintain worker's compensation insurance in compliance with all applicable statutes including Chapter 176 of the Minnesota Statutes. Such policy shall include Employer's Liability Coverage and at least such amount(s) as are customarily provided in worker's compensation policies issued in Minnesota. Contractor further agrees to require all subcontractors and independent contractors to maintain worker's compensation insurance in compliance with all applicable statutes and to monitor the compliance of such subcontractors and independent contractors with the applicable statutes. b. Commercial General Liability Insurance. The Contractor shall maintain Occurrence Based Commercial General Liability Insurance ( "CGL "), providing coverage on an "occurrence ", rather than on a "claims made" basis, which policy shall include coverage for the Completed Operations Hazard, and which shall also include a Broad Form General Liability Endorsement, ISO number GL 0404, or an equivalent form (or forms), so long as such an equivalent form (or forms) affords coverage which is in all material respects at least as broad. Any equivalent form (or forms) of coverage, shall be approved by the EDA. The Contractor agrees to maintain total liability policy limits of at Least One Million Dollars ($1,000,000), applying to liability for Bodily Injury, Personal Injury, and Property Damage, which total limits may be satisfied by the limits afforded under its Occurrence Based CGL policy as specified above, or by such policy in combination with the limits afforded by an Umbrella Liability Policy (or policies) provided, however, that the coverage afforded under any such Umbrella Liability Policy shall be at least as broad as that afforded by the underlying occurrence based CGL Policy as specified above. c. Automobile Liability Insurance. The Contractor shall maintain automobile liability insurance covering liability for Bodily Injury and Property Damage arising out of the ownership, use, maintenance, or operation of all owned, non - owned, and hired automobiles and other motor vehicles. Such policy shall provide total liability limits for combined Bodily Injury and /or Property Damage in the amount of at least One Million Dollars ($1,000,000) per accident, which total limits may be satisfied by the limits afforded under such policy, or by such policy in combination with the limits afforded by an Umbrella Liability Policy (or policies) provided, however, that the coverage afforded under any such Umbrella Liability Policy shall be at least as broad as that afforded by the underlying automobile liability insurance policy. The City of Columbia Heights shall be named as "additional insured" parties with respect to the insurance policies specified in (b) and (c) above. The Contractor shall not commence work until a Certificate of Insurance evidencing all of the insurance policies required above is approved and a written Notice to Proceed is issued by an authorized, representative of the City. The City shall, at any time during the term of this agreement, have the right to require that the Contractor secure any additional insurance, or additional feature to existing insurance, as the City may reasonably require for the protection of its interests or those of the public. It is expressly understood that the City does not in any way represent that the minimum insurance coverage set forth in this paragraph is sufficient or adequate to protect the interest or liabilities of the Contractor. 13. LIEN WAIVER ... Neither the Contractor nor any subcontractor or other person or entity furnishing labor, equipment, or materials in connection with the Work shall file any mechanic's lien against the City's buildings, structures or land or any part thereof. The Contractor shall protect, defend, indemnify, and hold harmless the City of Columbia Heights from any and all claims, demands, or actions of whatever nature arising out of work, labor, equipment, or materials furnished by the Contractor or its subcontractors in connection with the Work. Payment of the Contract Price shall not be due until the Contractor has delivered to the City lien waivers acceptable to the City, which release the City from all liens that may arise in connection with the Work. The Contractor shall list below the names of all suppliers and /or subcontractors that will provide materials, services, or labor in connection with the Work. The Contractor will notify the City of any changes in this list prior to the commencement of the Work. 14. CONTRACT PRICE ... The Contractor agrees to furnish all work, labor, materials, and equipment necessary to complete the Work as set forth in the Contract Documents for the sum of $9,250.00 (the "Contract Price "), to be paid by the City in accordance with the terms and conditions of this Agreement and the Scope of Work and Specifications. The Contract Price shall constitute the sole compensation payable to the Contractor for its performance of the Work or anything done in connection therewith including expenditures by the Contractor for all taxes, permits, licenses, and bonds required to perform the Work. The Contractor shall indemnify and save the City harmless from and against any liability for any such taxes, fees, premiums, contributions, etc. that the Contractor incurs in connection with the Work. 15. EXAMINATION OF WORK SITE ... Contractor agrees that the Contract Price specified in paragraph 14 of this Agreement is based upon Contractors examination of the work site and that it will make no claim for additional compensation or the extension of time for performance if the conditions encountered differ from those anticipated by such examination, unless such a claim is based upon conditions at the work site, or omissions, ambiguities, or conflicts in the Contract Documents, which Contractor can show could not have been discovered in the exercise of reasonable care prior to the submission of the Contract Price. 16. PAYMENT OF CONTRACT PRICE ... The Contractor agrees to provide the City with the following documentation as a condition to receiving payment of the Contract Price: (a) an itemized bill for the completed Work; (b) all lien waivers as required by paragraph 14 of this Agreement (c) and receipts from demolition disposal and asbestos disposal. The City may withhold payment of the Contract Price to the Contractor to such extent as may be necessary to protect the City from loss on account of: (a) defective work not remedied; (b) claims or actions filed or evidence reasonably indicating the probable filing of the same against the City with respect to the Work performed; (c) the failure of the Contractor to make payments properly to subcontractors and /or suppliers for equipment, material, or labor, or to provide evidence that such payments have been made; (d) any cost for which the Contractor is liable under the Contract Documents; or (e) a breach by Contractor of any tern, condition, or provision contained in the Contract Documents. 17. EQUAL EMPLOYMENT OPPORTUNITY ... The Contractor shall not discriminate against any employee or applicant for employment on the basis of age, race, color, religion, sex, or national origin. The Contractor shall comply with all applicable laws, Executive Orders, and regulations concerning non - discrimination in employment, including the Equal Opportunity Clause of Section 202, Executive Order 11246, as amended, which is hereby incorporated by reference. 18. INDEPENDENT CONTRACTOR STATUS ... Contractor is and shall remain an independent contractor in the performance of the Work, maintaining complete control of its workers and operations. Neither Contractor nor anyone employed or engaged by Contractor shall become an agent, representative, servant, or employee of the City in the performance of the Work or any part thereof. 19. CONTRACT REPRESENTATIVES; ADDRESSES ... The City's representative with respect to this Agreement shall be Sheila Cartney, Assistant Community Development Director, for the City of Columbia Heights. The Contractor's representative with respect to this Agreement shall be Tom Drobnick. All notices, requests, and instructions, or other communications given or received by either party under the terms of this Agreement shall, unless otherwise specifically provided herein, be made in writing signed by the designated representative of the party making such communication and be delivered or addressed to the designated representative of the other party at the following address: CITY ADDRESS: City of Columbia Heights Attn: Sheila Cartney 590 40 Avenue Northeast Columbia Heights, MN 55421 CONTRACTOR ADDRESS: Drobnick's Demolition 17611 Kettle River Blvd Forest Lake MN 55025 20. SUBCONTRACTORS ... Contractor agrees to bind every subcontractor by the terns, conditions, and provisions set forth in the Contract Documents that are applicable to the subcontractor's work, unless otherwise specifically agreed otherwise in writing by the City. 21. ASSIGNMENT ... This Agreement shall be binding upon and in order to the benefit of the Contractor, its legal representatives, heirs, successors, and assigns. No assignment or attempted assignment of this Agreement or any rights hereunder shall be effective unless the written consent of the City is first obtained. No such assigmnent, even if consented to by the City, shall relieve the Contractor from liability under this Agreement for the performance and completion of the Work in accordance with the Contract Documents. 22. ENTIRE AGREEMENT ... The Contract Documents contain all the terms, conditions, and provisions pertaining to the Work to be completed by the Contractor, there being no other understandings, agreements, or warranties, express or implied. All prior negotiations and dealings regarding the subject matter of the Contract Documents are superseded by and merged into the Contract Documents. 23. APPLICABLE LAW ... This Agreement shall be construed in accordance with and governed by the laws of the state of Minnesota. 24. AMENDMENT ... This Agreement may be modified or amended only with the written approval of the City and the Contractor. 25. CONSTRUCTION ... In the event that any one or more of the provisions of this Agreement, or any application thereof, shall be found to be invalid, illegal, or otherwise unenforceable, the validity, legality, and enforceability of the remaining provisions or any application thereof shall not in any way be affected or impaired thereby. 26. AUTHORITY ... Each of the undersigned parties warrants that it has the full authority to execute this Agreement, and each individual signing this Agreement on behalf of a corporation hereby warrants that he or she has full authority to sign on behalf of the corporation and that he or she represents and binds such corporation thereby. 27. WAIVER ... No failure by the City to insist upon the strict performance of any covenant, duty, agreement, or condition contained in this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or any other covenant, agreement, tern, or condition, nor does it imply that such covenant, agreement, tern, or condition may be waived again. 28. NOTICE TO PROCEED... The Contractor shall not proceed with work until the City issues a notice to proceed which evidences the securing of necessary permits, insurances and any other requirements of the contract documents. 29. COMPLETION CERTIFICATE...The Contractor shall receive a completion certificate upon satisfactorily completing the work outlined in the contract documents. IN WITNESS WHEREOF, the parties have set their hands this 10 day of October 2011. CITY Or COLUMB4 HEIG S ( s ' ... - - It s v ayor- !Peters() ry i / i It's City Manager- ter R. Fehst ' CONTRACTOR I Its: SCOPE OF WORK AND SPECIFICATIONS QUOTES FOR BUILDING DEMOLITION OF ONE SINGLE FAMILY HOUSE AND DETACHED GARAGE AT 4133 2nd Street COLUMBIA HEIGHTS, MINNESOTA The City of Columbia Heights will receive quotes for the removal of one single- family building and one detached garage. The house located at 4133 2nd Street is 875 square feet and built in 1915. Quotes should be delivered to the Community Development Department at 590 40 Avenue NE, Columbia Heights, Minnesota 55421 by October 3, 2011. The City reserves the right to reject any and all quotes, and to waive any informalities in any quotes without explanation. Building Demolition A total of 2 structures on one property are included in this demolition bid. The structure is a one 1 /2 story with a two -car detached garage that has access from 2nd Street. The house is considered hazardous and requires a respirator to be worn when inside (animal feces and other unknown substances) and portions of the ceiling are falling down. Removal of all trees within 6 feet of the garage and underbrush between garage and back of lot shall be part of this demolition. Any tree removal questions should be directed to the City Forrester Lauren McClanahan 763 - 706 -3711. Refer to Clearing and Grubing section of the "Standard and Specifications for Removals, Excavation, and Restoration" for further information (attached). The contractor shall furnish all materials, labor and equipment necessary to remove the structures, foundations and any existing concrete sidewalks, driveways, advertising signs, and any other hardcover. The Contractor shall avoid damaging sidewalks, streets, curbs, pavements, utilities, structures or any other property either on or adjacent to the site that are not scheduled for removal. The Contractor shall repair at his/her own expense any damage caused by operations. The City owns the houses and will cut all utilities and water mains. Restricted /Hazardous Materials At a minimum, the Contractor will be responsible for adhering to the following requirements as they pertain to building demolition: • The city will ensure that service to all onsite utilities are cut at the curb. • Unless otherwise directed, demolition includes the removal of all above -grade and below -grade structures or objects including, but not limited to, fences, building foundations, concrete, storage bins, steel rail and railroad ties, buried utilities, miscellaneous debris, etc. 1 • Demolished materials become the property of the Contractor and shall be loaded, properly transported to and disposed of at an appropriate off -site facility (i.e. demolition landfill, recycling center, etc.). Contractors are encouraged to salvage or recycle as much of the building materials as possible. Removal of Bituminous /Concrete Pavement Seeding of each site per specifications outlined in "Standard Specifications for Removals, Excavation, and Restoration" (attached) is required by June 15, 2012, a 10% retainer will be held until proper seeding is completed. If the specifications are net met by Septemberl5, 2012 or grass is not established in a timely matter the City will use the 10% retainer to seed the lots. Backfill and Grading See specifications outlined in "Standard Specifications for Removals, Excavation, and Restoration ". Additional Requirements • All work must be completed in accordance with Local, State and /or Federal laws. Contractor must be licensed, as necessary and is required to obtain all necessary permits, notifications, etc. • The Contractor must comply with the existing storm water pollution prevention plan for the Site. As deemed necessary by the City, the Contractor will be required to install silt fence, inlet protection, gravel entrances /exits, etc. • The Contractor will be responsible for controlling fugitive dust and minimizing noise, odors and off -site tracking to the extent possible. • Excessive material must be removed from all haul trucks prior to leaving the Site. Furthermore, all haul trucks must be covered when transporting demolition debris. • In the event an unknown condition is encountered during the Project, the Contractor must notify the City immediately. The appropriate course of action will be determined and, if necessary, a change order may be authorized prior to completing the work. • The Contractor will be responsible for taking the appropriate measures (i.e. erecting and maintaining temporary fencing) to ensure that partially demolished buildings, debris piles, excavations, etc. are appropriately secured at the end of work each day. • The contractor shall maintain the properties in a safe and neat manner. The properties and adjoining streets and right -of -ways shall be kept free of dirt and debris. All excavations shall be protected by fencing. If the contractor is negligent in these areas, the City reserves the right to perform this work with its own forces at overtime rates. The costs of such work shall be charged to the Contractor. The contractor will not be allowed to trespass on private property unless the contractor has received written permission from the private property owner. 2 PrOVon • The contractor shall be responsible for the removal, storage, and replacement of all signs, which may have to be moved during the work. The contractor shall provide barricades, fences or guardrails to protect workers and the general public from dangerous areas. • The Contractor is responsible for maintaining safe operation of its personnel and equipment. • Working hours shall be conducted between the hours of 7:00 a.m. and 7:00 p.m. Work shall not be conducted on weekends unless approved by the City. • Questions regarding the scope of work or contractual obligations with the City should be directed to Sheila Cartney (Asst. Community Development Director) at 763-706-3675. Process • The Contractor shall include in his or her quote: - Any necessary demolition permit costs - Mandatory MPCA 10-day notification - Mobilization costs - Household hazmat removal — Survey Attached - Breakdown between demo and restricted/hazardous material removal • Those quoting shall qualify themselves by a personal examination of the site. • Arrangements to view interior of the site can be made by contacting Sheila Cartney in the Community Development Department at (763) 706-3675. • The City reserves the right to reject any and all quotes, to waive any informalities therein and to adjourn the meeting to a later date for the purpose of further consideration of the quotes and taking action thereon. • The City will not approve additional costs related to winter conditions. • The Contractor shall state in its proposal the date of commencement and time required for final completion of work. Proposals will only be accepted if the completion time is 30 days or less. Said dates will be incorporated into this contract. No special conditions or contingencies shall be added to the proposal form by a bidder. • If awarded the bid a contract will be sent to you to be signed prior to doing any work. • Two copies of your quote are due at the Columbia Heights City Hall (Community Development Department) no later than 4:00 p.m. on October 3, 2011. City staff will review quotes and make a recommendation to the Columbia Heights City Council, which will consider award of the contract at their regular meeting held on October 10, 2011 at 7:00 p.m. in City Hall. • Quotes must list subcontractors tentatively scheduled to work on this project. All changes must be submitted to the Community Development Department. 2. 3. 3 • Quotes are to be submitted in an envelope bearing on the outside the name of the bidder, their address and the statement "Quote for the demolition 4133 2" Street". Quotes must be received by the time and location indicated. E-mailed bids are acceptable. • Submit bids to: Sheila Cartney Columbia Heights City Hall 590 40 Avenue NE Columbia Heights, MN 55421 Phone: 763-706-3675 Fax: 763-706-3671 Sheila.Cartneya,ci.columbia-heights.mn.us Selected Contractor • The Contractor selected for this project must enter into a Work Agreement with the City. As such, Contactors agree to the terms and conditions as set forth in this Work Agreement. The work agreement must be signed and returned before any work can start. • The successful Contractor will be required to post a Certificate of Insurance, as required in this Work Agreement. • The city owns the properties. All utilities are cut (confirm at time of demo permit) • Work shall be completed by November 25, 2011. • The contractor shall provide the City with a schedule of the work, outlining how and when the work shall proceed. The City will inspect the work. Any questions regarding the work shall be directed to the Community Development Department at (763) 706-3670. Ouote The total quote for the demolition, tree/shrub removal, asbestos removal and anything listed in the specifications, of 4133 2" Street is $ )fD0 Quote for demolition $ JV3 Quote for asbestos removal $ , -4-1 — C Signature of Company • i. cial Contact Name Date Contact Telephone ' I Company Name 4 5501 Cedar Lake Rd. tA St. Louis Park, MN 55416 ngstro lAnalytical 952-252-0405 office •14k =nvironmental Services • 952- 252 -0407 fax fi Sheila Cartney City of Columbia Heights 590 40th Ave. N. E. Columbia Heights MN 55421 September 8, 2011 4133 2nd Street Columbia Heights Dear Sheila: John Partlow (2226), a representative of Angstrom Analytical, Inc., visited the above referenced property on September 8, 2011 for the purpose of conducting an asbestos demolition inspection. We are prepared to state that there are category 1 & 11 non - friable asbestos containing building materials contained in or on the fabric of the structure. The following materials tested positive for the presence of asbestos: Sink Undercoat 9x9 floor tile The non - friable materials are: Category 1: 1. Approximately 20 -25 square feet of asbestos containing 9x9 floor tile in the 1st floor hallway. 2. Approximately 180 -200 square feet of asbestos containing 9x9 floor tile under the linoleum in the kitchen. Category 11: 3. Approximately 1 sink with an asbestos containing undercoating in the second floor kitchen. No samples other than from the fabric of the building that is planned for demolition were taken or analyzed and this report only relates only to 4133 2nd Street. 69 samples of suspect building materials were collected and analyzed in our laboratory by Polarized Light Microscopy. Please see attached notes. During the course of the survey the following hazardous materials were noted: Mercury Appliances Misc. Materials 2 thermostats 1 water heater 1 smoke/ CO2 detector 1 furnace All friable and category II non - friable materials need to be removed, per applicable regulations, prior to and demolition efforts. Category I non-friable materials are allowed to be left in place for the demolition. However, the landfill must be made aware that the demolition will regulations of) category 1 non - friable asbestos containing material and is subject pertinent to the demolition efforts (notifications, etc.). This survey should not be interpreted as a bidding document or as an asbestos project design. It is incumbent upon the contractor v ,bawd onquantities. d Quantification of materials identified in this inspection report are approximations quantities. Additional amounts of material may be present under floor, above ceilings and inside wall cavities and not fully quantified. For example, thermal system insulation indentified in a basement may also exist inside wall cavities. 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O .7", Q ▪ c ▪ a3 .2 NI + -+ N u a • ± C U ® N a) ,- ++ C C T Y IL ® ®1 ) '6 0 0 0 ca c} Q Q • O ++ -;---• N 0 a a �. m 19S sin 4A ®l CL Q o c ea G N N a) Y Q Q Y 0+, m m o 0 O. CI- E U s 6_1 O sa m m IT v 2 v a to L as a) w 00 ,-I .4-, r� bA t 0 N r Lf1 0 z to O s-i E > ci) 0 N -- �t m m O o R 0 4 O d O O v / m 4-) o f "' Ph 0 (.0 � O v U its U N N 0 3 0 .- Vi N Lc) lD U E cu Q f; C :3 0 x E u a iz.3t ti v Q d LL as ra N 5501 Cedar Lake Rd. St. Louis Park MN 55416 t� ngstrom Analytical 952-252-0405 office Environmental Sems( 952- 252 -0407 fax • Analysis of Bulk Samples for Asbestos Using Polarized Light Microscopy (PLM) Sheila Cartney City of Columbia Heights 590 40th Ave. N . E. Columbia Heights MN 55421 Re: 4133 2nd Street Number of Samples: 69 Methods and Definitions The submitted samples were analyzed using the EPA Interim Method #600/M4 -82 -020 (polarized light microscopy with dispersion staining). The method defines an asbestos containing material as one that contains grater than 1% asbestos by weight and asbestas is defined as the fibrous forms of serpentine and certain amphiboles. While the fibrous and non - fibrous forms of minerals are discernible microscopically in hand specimens, the distinction between them is not clear on a microscopic level, especially after processing or manufacturing. Fibrous amphiboles are generally those whose mean aspect ratios (length over width) under the microscope are approximately >10; non fibrous amphiboles are generally those whose mean aspect ratios are approximately <6. During analysis, morphology and an estimate of mean aspect ratio are used to assign a given mineral fiber population to fibrous and non - fibrous categories. That non fibrous amphiboles are not reported as asbestos is consistent with mineralogical definitions, but does not imply that non-fibrous amphiboles are not hazardous. Airborne concentrations of them may be regulated by OSHA under certain circumstances. The type of dispersion staining used is generally phase contrast, although central stop dispersion staining may also be used. Percentage Reporting The percentage of each fiber type present was determined using volume percents estimated from stereoscopic examination, projected area percents from mounted slide examination and percents from comparison to weight percent standards. Such estimations are suitable for most samples, but do have large error ranges. Errors are estimated to be 100 relative percent uncertainty for percentage estimates under10% ranging down to as little as10 relative percent uncertainty for percentage estimates greater than 50 %. Friable samples which have been estimated by the above methods to contain less than 10% asbestos can be point- counted, according to the EPA Interim Methods, as required by NESHAPS. in low percentage samples, point counting may produce false negatives or positives, due to the small number of points counted. For samples consisting of more than one apparent type of material or layer, the percentage of each fiber type in each type of material of layer is determined and reported separately; an overall average for the sample of each fiber type is then calculated. The reported friability of a sample refers to that friability observed in the condition analyzed (broken, crushed, etc.), and is not to be substituted for an on -site assessment of friability. Each Angstrom Analytical lab report relates only to the sample tested and may not, due to the sampling process be representative of the material sampled. September 8, 2011 Kevin Hagen, Angstrom Analytical, Inc. 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N N CO 00 GJ Oa CO OJ Q Ne C • - 70 .0 t6 V Q c C a- u- DIVISION V STANDA 1 SPECIFICATIONS FOR REMOVALS, EXCAVATION, AND RESTO TION (Revised for Scattered site demolition properties 8/18/10) Prepared by: City Engineers Association of Minnesota DIV V - CONSTRUCTION - PAGE 1 OF 11 TABLE OF CONTENTS DIVISION V REMOVALS, EXCAVATION, STREET CONSTRUCTION AND RESTORATION Page 1. Excavations and Removal of Miscellaneous Structures 3 2. Excavation and Backfill 4 3. Compaction of Backfill 4 4. Subgrade Preparation 5 5. Subgrade Correction 5 6. Temporary Erosion Control 5 7. Clearing and Grubbing 5 8. Restoration 6 9. Plant-Mixed Bituminous Mixtures 7 10. - . : - - : - - - • . . . - - - 7-8 11. - . 8 12. • - . - 8 13. Topsoil and Sod 9 14. Concrete Pavement Removal 9 15. Bituminous Pavement Removal 9 16. Finished Site Grading 9 17. Adjust Utility Castings 9-10 18. Root Control System 10-11 19. Special Provisions 12-23 DIV V - CONSTRUCTION - PAGE 2 OF 11 DIVISION V MOVALS, EXCAVATION, • 1 RESTORATION 1. EXCAVATIONS AND REMOVAL OF MISCELLANEOUS STRUCTURES Concrete items shall be sawed at cut lines, and bituminous areas shall be cut to neat lines prior to placement of finish restoration items. Some damage to the boulevard area is anticipated as necessary for construction procedure and compensation will be made for restoration; however, damage due to extra convenience or negligence of the Contractor or outside of the construction limits must be repaired by him at his own cost. The sawing or cutting of any existing monolithic sidewalks, concrete pipe or concrete structures, driveways, curbs and gutters, or bituminous pavement and to allow proper matching with new construction shall be accomplished by the Contractor as an incidental item to the contract for payment purposes unless specifically noted as a pay item in the specifications or indicated on the plans. The Contractor shall remove and replace any fence within the construction limits of this contract. All fences shall be replaced in a condition better than or equal to that which existed before construction. Unless a pay item is included on the proposal form, payment for fence removal and replacement shall be incidental to the improvement construction and no direct compensation will be paid therefor. Miscellaneous structures that must be removed shall be disposed of by the Contractor at his option subject to applicable City, County, and State regulations. Materials may not be buried on -site except as directed in writing by the Engineer. The cost of removal and disposal of all miscellaneous structures and excess materials and all costs connected therewith shall be considered incidental to the contract for payment purposes unless specifically noted as a pay item in the following sections or on the plans. 2. EXCAVATION AND EMBANKMENT Surface materials, such as topsoil in easements, ditches, or boulevards, and any gravel base in roadways shall be first carefully laid aside to be used last in finishing the backfilling procedure. Bituminous materials, concrete, sod, and other materials not suitable for trench backfilling shall be disposed of by the Contractor at no additional cost to the City unless specified on the plans or in the specifications as a pay item and shall include all costs involved in removing and disposing of material. All other excavated materials, where suitable, shall be replaced in the trench and compacted by mechanical means as approved by the Engineer. DIV V - CONSTRUCTION - PAGE 3 OF 11 All excavation shall be accomplished in a careful and workmanlike manner so as to limit the area of surface disturbance to a minimum. Excessive surface disturbance due to poor workmanship or carelessness shall be replaced by the Contractor at his expense. On all excavations which are in roadways or along the edge of roadways or on the edge of sidewalks, it is extremely important that proper compaction be utilized in the repair of the disturbed area. Excessive settlement shall be evidence of poor compaction and the Contractor shall be required to replace the surface work at his expense. Excessive settlement of 1/2" on concrete or bituminous items in one year shall be evidence of poor compaction and the Contractor shall be required to replace the surface work at his expense. Where ground water is encountered in the excavation, the Contractor shall effectively dewater and stabilize the foundation to permit proper construction and this work will be considered incidental to the project and no direct payment will be made therefor. Trees are to be protected to the fullest extent feasible. Such brush clearing and tree trimming necessary shall be done by experienced workmen. This Work shall be considered incidental to excavation and no direct compensation will be made therefor. Where the excavation and placement are near existing trees, special care must be exercised to minimize root damage. Root cutting, sealing and protection must be accomplished in accordance with direction of the Engineer. 3. COMPACTION OF BACKFILL All backfill shall be compacted as required by the Specified Density Method. All trenches shall be compacted in maximum two (2) foot lifts. The required density of trench backfill shall be 95% of standard Proctor except that the top three (3) feet shall be compacted to 100% of standard Proctor. 4. SUBGRADE PREPARATION (NOT USED) 5. SUB GRADE CORRECTION (NOT USED) 6. TEMPORARY EROSION CONTROL The Contractor will be required to install such temporary erosion control measures as may be needed at the direction of the City Engineer to correct conditions developing during construction. The erosion control types and methods of installation are specified in the "MNPCA Protecting Water Quality in Urban Areas" manual and include filter fence, fiber blanket, rock inlet filters, catch basin siltsacks, rock construction entrances, DIV V - CONSTRUCTION - PAGE 4 OF 11 diversion ditches, temporary sedimentation ponds, and hay bales around catch basins; all of which will be considered incidental to the project unless a pay item is provided on the bid form. All stockpiled excavation material shall be shaped and covered in a manner so as to minimize erosion of this material. Erosion control barriers shall be as shown on the Plans or as directed by the Engineer. Payment shall be at the unit price bid as identified on the proposal foim and shall include maintenance until final acceptance and final completion of the project. The contractor shall be responsible to remove erosion control devices upon turf establishment or prior to final completion. 7. CLEARING AND GRUBBING Payment for clearing and grubbing shall be on an area, or lump sum basis, as identified on the plans or bid tab for significant trees. A significant tree is defined as a healthy deciduous tree measuring eight (8) inches in diameter, or greater , at a point 4 -1/2 feet above the ground surface; or a healthy coniferous tree measuring ten (10) feet in height, or greater. Payment for clearing and grubbing for other than significant trees, shrubs, brush, stumps, windfall, and other plant life shall be incidental . If a specific line item for area clearing and grubbing is not included in the Bid Proposal Form, the work shall be considered incidental to the Contract. Clearing shall be construed as the complete removal and disposal of all portions of a tree which exist above ground except stumps. Grubbing shall be construed as the removal and disposal of the portions of a tree which exist below ground and stumps. Clearing operations shall be confined to the areas of road grading work except as directed by the Engineer. The Engineer shall designate such trees within the work area that are to be preserved. These trees shall be protected from injury or defacement during the construction period by the Contractor. Current and pertinent governmental regulations concerning disposal of elm trees shall be obeyed. All brush shall be cut flush with the ground surface. Logs, windfalls, trees, snags, stumps, and other debris shall be removed from the excavation areas except as follows. In the roadway areas all stumps shall be grubbed. In other embankment areas, stumps may be flush cut. All stumps shall be grubbed in excavation areas. The removal of all trees required shall be accomplished in accordance with 2101 of Mn/DOT specifications. Payment shall be on a lump sum or each basis as identified on the proposal form and shall include complete removal and disposal. 8. RESTORATION All disturbed areas shall be restored to their original condition or better as soon as possible to minimize inconvenience to the public and liability of the Contractor. All existing grassed areas that are disturbed shall be restored with topsoil and seed as DIV V - CONSTRUCTION - PAGE 5 OF 11 directed by the Engineer, except where areas are specifically ordered to be sodded. Sod shall be furnished and placed in accordance with Mn/DOT specification 2575, except that 4" of compacted topsoil shall be placed beneath the sod. Turf restoration must be maintained into a growing season in accordance with Mn/DOT 2575.3L & N, to the satisfaction of the Engineer. Disturbed pavements shall be restored according to methods described on the plans and in these specifications. If present in the work area, manholes, gate valve box, and water service castings (curb stops), will be required to be adjusted in accordance with the City's standard plate (available at the office of the City Engineer) to match finished grade work. This work will be considered incidental to restoration and no direct payment will be made unless otherwise specified on the plans and specifications. Where existing driveway grades match proposed street grades, the driveway shall remain. However, where driveway elevations must change for proper grade matching, the driveways shall be regraded using in -place materials as directed by the Engineer. This regrading work shall be considered incidental to other pay items and no direct compensation will be made therefor. 9. PLANT -MIXED BITUMINOUS MIXTURES (NOT USED) 10. CESSATION REQUIREMENTS FOR PLACING HOT MIX ASPHALT PAVEMENT (NOT USED) 11. AGGREGATE BASE (NOT USED) 12. DRIVEWAY AGGREGATE (NOT USED) 13. TOPSOIL AND SOD Topsoil is intended to be furnished and placed 4" thick on all sod and seed areas. The material shall be compacted firmly and raked prior to placement of sod. Sod shall meet the requirements of Mn/DOT Specifications, section 3878. Payment for sod shall be on a square yard basis, measured in place. Topsoil shall be in accordance with MniDOT Specifications, section 3877, type A, or as modified by the Engineer and state on the plans and in the specifications. Payment for topsoil shall be on a cubic yard basis, loose volume (L.V.). No sod shall be placed on existing sod, but shall be "cut in" to abut existing sod. Sod shall be placed in accordance with the most current Mn /DOT Specifications, section 3878. Payment for sod shall be on a square yard basis, excluding topsoil. DIV V - CONSTRUCTION - PAGE 6 OF 11 DIVISION V SPECIAL PROVISIONS REMOVALS, EXCAVATION, AND RESTORATION EXCAVATION AND REMOVAL OF MISCELLANEOUS STRUCTURES A. Sawcutting curb and gutter shall be considered incidental to removal. B. Concrete and bituminous driveways and walk shall be sawcut as directed in the field by the Engineer. C. The City reserves the right to have the Contractor stockpile any or all of the excess material at a site chosen by the Engineer. The stockpile site shall not be more than three (3) miles from the construction site. This work shall be considered incidental to roadway construction and no direct compensation shall be paid therefor. D. On certain projects where work is performed in existing street areas, streets shall be restored to the specified cross - section or to existing conditions. There shall be no additional compensation for excess excavation of subgrade for establishment of tolerance grades where specified cross sections vary from existing conditions. E. Only items removed in acceptable condition will be measured as salvage. 6. TEMPORARY EROSION CONTROL All slopes equal to or greater than 3:1 shall be restored with a one step bonded fiber matrix erosion control system, such as Soil Guard, by Weyerhaeuser, at a minimum rate of 3000 lbs /acre. Uneven and irregular soil surfaces may require an application rate of 4000 lbs /acre. Wood fiber blankets shall only be used upon approval of the Engineer. 7. CLEARING AND GRUBBING DIV V - CONSTRUCTION - PAGE 8 OF 11 14. CONCRETE PAVEMENT REMOVAL Where noted on the Plans, the Contractor will be required to remove concrete sidewalk, curbing, or pavement. Payment for these items will be on a square foot or lineal foot basis as detailed on the Plans and in the proposal form. Payment will be full compensation for excavation, removal, and disposal of the concrete items. 15. BITUMINOUS PAVEMENT REMOVAL Where noted 011 the plans, the Contractor will be required to remove bituminous pavement. Payment for this item will be on a square yard basis as detailed on the Plans and in the proposal form. Payment will be full compensation for excavation, removal, and disposal of the bituminous pavement. 16. FINISHED SITE GRADING The Contractor shall be required to grade the entire site within the property line where turf is to be established or topsoil only placed. This work shall include all grading, leveling, beim construction, compaction, etc., to bring the site elevation to final grade. Payment for this work shall be incidental to topsoil placement and /or sodding and no direct compensation will be paid therefor. 17. ADJUST UTILITY CASTINGS Prior to the start of bituminous surfacing, the contractor shall inspect all water valve boxes to assure that they are clean, vertical, undamaged, and the valves operable. Misaligned or damaged boxes shall be replaced and all boxes lowered and manhole casings replaced. Manhole adjustment rings and frames shall be set in a full bed of mortar: wood shims shall not be permitted. The tops of boxes and castings shall be set at an elevation approximately one - quarter inch (1/4 ") below the finished grade and cross section of the street. Bituminous base removed for the adjustments shall be replaced and thoroughly compacted by mechanical tamper and roller. Catch basin castings shall be adjusted during the construction of curb and gutter, providing a depression in the gutter flow line of 0.10' at the catch basin. Adjusting rings and frames shall be set in a full bed of mortar. Payment shall be made at the unit price bid for adjustment of water and manhole rings and castings. Payment for adjustment of catch basin castings is incidental to the curb and gutter installation. If a catch basin casting can not be aligned without removing the top slab of the catch basin structure, then the Contractor shall be paid at the unit price bid for adjustment of catch basin. 18. ROOT CONTROL SYSTEM (NOT USED) DPI V - CONSTRUCTION - PAGE 7 OF 11 Payment for clearing and grubbing shall be on an each basis for significant trees. A significant tree is defined as a healthy deciduous tree measuring six (6) inches in diameter, or greater, at a point 4 -1/2 feet above the ground surface; or a healthy coniferous tree measuring ten (10) feet in height, or greater. Payment for clearing and grubbing for other than significant trees, shrubs, brush, stumps, windfall, and other plant life shall be on an area basis. If a specific line item for area clearing and grubbing is not included in the Bid Proposal Form, the work shall be considered incidental to the Contract. Clearing and grubbing is defined as removing and disposing of trees, shrubs, brush, stumps, roots, windfalls, and other plant life, including dead and decayed matter, that exists within the construction areas which are not specifically designated to remain. This work shall be done in accordance with Mn/DOT Spec. 2101. The Engineer may establish the ROW lines and construction limits within which the clearing and grubbing operations are to be confined. The Contractor shall protect that which is to remain in accordance with Mn/DOT 1712, and shall conduct all clearing and grubbing operations in a manner that will not damage or jeopardize the surrounding plant life and property. The clearing operations should consist of cutting and removing the trees, shrubs, bushes, windfalls and other vegetation in the designated areas. At the salve time the Contractor should prune off, as directed, any low hanging, unsound, or unsightly branches on the trees and shrubs designated to remain. Brush should be defined as all bushes, shrubs and other vegetation that can be cut with a brush scythe or mowing machine, together with isolated trees less than the size defined as significant, above. All brush should be cut off within 6 inches of the ground surface. The grubbing operations shall consist of removing and disposing of the stumps, roots and other remains in the designated areas to the right -of -way line. Unless otherwise permitted, stumps shall be removed completely. Except in areas to be excavated, all depressions resulting from the grubbing operations shall be backfilled with suitable material and compacted to the satisfaction of the Engineer. This work item is considered incidental to the grubbing operations. It shall be determined that the clearing and grubbing has been satisfactorily completed before permitting grading operations in a given area to start. Any trees or shrubs within a clearing area that are designated to be preserved are to be identified and marked by the Engineer. Such markings may consist of tying or attaching to the tree, where it will be readily visible, a suitable placard or tag bearing the word SAVE. DIV V - CONSTRUCTION - PAGE 9 OF 11 8. RESTORATION B. TOPSOTT, All areas disturbed by the construction shall be covered with topsoil in accordance with Mn/DOT Section 3877. Topsoil shall be screened black dirt and shall be placed a minimum of 4" thick over the area to be sodded and seeded. This topsoil shall be screened to include minus 3 /4" rock, and be free of debris, wood, roots and lumps. Once placed, topsoil shall be fine graded as directed by the City Engineer. The topsoil fine grading shall not be completed more than 24 hours prior to the sod laying or seeding operation. C. SODDING 1) The contractor shall not dump topsoil on the street unless specifically approved by the engineer in the field. Topsoil dumped on the street shall not be allowed to remain overnight unless proper safety flashers are installed and approved by the engineer in the field. 2) At all times during grading, preparation and sod laying, it shall be the contractor's responsibility to see that all catch basins in the construction area are kept clean. Gutters shall be cleaned and free of dirt and other materials at the end of each working day to ensure proper drainage. 3) Watering of the sod shall be the responsibility of the contractor. D. SEEDING All existing grassed areas which are disturbed not included in an area to be sodded shall be restored with topsoil, seed and fiber blanket. Work shall be in accordance with Mn/DOT Section 2575, except as altered or modified by these Special Provisions. Seeded areas must be maintained into a growing season in accordance with Mn/DOT Section 2575.3L & N, to the satisfaction of the Engineer. 1) SEED DIV V - CONSTRUCTION - PAGE 10 OF 11 The seed mixture shall be Mn/DOT Section 3876 Seed Mixture 270 (Residential turf) installed at an application rate of 120 lbs /acre. 2) FIBER BLANKET The fiber erosion control blanket shall be Futerra, as manufactured by Profile Products. E. STREET SWEEPING The contractor shall sweep the streets within three (3) calendar days following the completion of the site restoration operations. This sweeping shall be with a pick- up power sweeper and shall continue until all loose material is completely cleaned up to the satisfaction of the Engineer. Also, downstream catch basins shall be cleaned to the engineer's satisfaction within the same time requirements stated above. 17. • 1 JUST UTILITY CASTINGS Adjustment of utility castings shall be considered incidental to the construction for payment purposes unless specifically notes as a pay item in the specifications or indicated on the plans. 18. INSPECTION REQUIRED Once demolition and seeding are complete and inspection by the City of Columbia Heights Engineering staff is required. Payment will not be issued until this inspection is considered satisfactory by the Engineering staff DIV V - CONSTRUCTION - PAGE 11 OF 11