HomeMy WebLinkAbout2021-4014EDA IN AND FOR THE CITY OF COLUMBIA HEIGHTS CONTRACT FOR
REMOVAL OF HOUSEHOLD ITEMS, ASBESTOS, AND OTHER HAZARDOUS
MATERIALS FROM 960 40th AVE NE, COLUMBIA HEIGHTS
For valuable consideration as set forth below, this Contract dated the � � day of August,
2021, is made and entered into betwecn the Economic Development Authority in and for the City
of Columbia Heights, a public body corporate and political created pursuant to the laws of the
State of Minnesota ("EDA") and Bergo Environmental Inc, a Minnesota Limited Liability
Company ("Contractor").
1. CONTRACT DOCUMENTS
Contractor hereby promises and agrees to perform and comply with all the provisions of
this Contract and the Proposal dated March 7, 2021, prepared by Contractor attached hereto as
Exhibit A for the removal of household items, asbestos -containing ;materials, and removal of
other hazardous materials in preparation for demolition of the residential property located at 960
40' Ave NE, Columbia Heights, Minnesota ("Property"). The survey prepared by Angstrom
Analytical, Inc. dated February 15, 2021 ("Survey") identifies certain hazardous materials that
shall be removed by Contractor from the Property and is attached hereto as Exhibit B. The
Contract, Proposal and Survey shall comprise the total agreement of the parties hereto. No oral
order, objection, or claim by any party to the other shall affect or modify any of the tenns or
obligations contained in this Contract.
2. THE WORK
The work to be performed by Contractor under this Contract (hereinafter the "Work"), is
defined in the Proposal as removal of household items, asbestos -containing materials, and
removal of hazardous and solid waste materials identified on the Survey in preparation for
demolition of the residence Iocated on the Property. As part of the Work, Contractor agrees to
remove all excess material from the Property,
3. CONTRACT PRICE
The EDA agrees to pay Contractor the sum of $5,212,00 in exchange for Contractor
furnishing Iahor and materials for the Work at the Property, payable within 30 days of
Contractor's completion of the Work.
Contractor may start work an this project upon its execution of this Contract.
—1—
4. COMPLETION DATE/LIOUIDATED DAMAGES
Contractor shall complete all Work on or before September 30th, 2021. ("Completion
Date"). Due to the difficulty in ascertaining and establishing the actual damages which the EDA
would sustain, liquidated damages are specified as follows for failure of Contractor to complete
his performance under this Contract by the Completion Date: for every calendar day that the
Contract shall remain uncompleted beyond the Completion Date of September 30th 2021,
Contractor shall pay the EDA $50.00 per day as liquidated damages.
5. INSURANCE
Before beginning actual work under this Contract, Contractor shall submit to the EDA
and obtain the EDA's approval of a certificate of insurance on Standard Form C.I.C.C.-701 or
ACORD 25 forms, showing the following insurance coverage, and listing the EDA and City as a
loss payee under the policies:
a. General Contractor Liability:
$1,000,000.00
b. Workman's Compensation: Statutory Amounts
This certificate must provide for the above coverages to be in effect from the date of the Contract
until 30 days after the Completion Date, and must provide the insurance coverage will not be
canceled by the insurance company without 30 day's written notice to the EDA of intent to
cancel. The certificate must further provide that Contractor's insurance coverage is primary
coverage notwithstanding any insurance coverage carried by the City or EDA that may apply to
injury or damage relating to the maintenance or repair of the City streets or rights -of -way by
either the City, EDA or any employee, agent, independent contractor or any other person or
entity retained by the City or EDA to perform the services described herein. All insurance is
subject to the review and approval of the Columbia Heights City Attorney.
6. LAWS, REGULATIONS AND SAFETY
Contractor shall give all notices and comply with all laws, ordinances, ,ales and
regulations applicable to performance under this Contract. Contractor shall provide adequate
signs and/or barricades, and Will take all necessary precautions for the protection of the Work
and the safety of the public.
INDEMNIFICATION
—2—
To the fullest extent permitted by law, Contractor shall indemnify and hold harmless the
EDA, its agents and employees from and against all claims, damages, losses and expenses,
including but not limited to attorney's fees, arising out of or resulting from the performance of
Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury,
sickness, disease or death, or to injury or to destruction of tangible property (other than the Work
itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any
negligent act or omission of Contractor, any Subcontractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable, regardless of
whether or not it is caused in part by a party indemnified hereunder.
8. ASSIGNMENT
Contractor shall not assign or transfer, whether by an assignment or novation or
otherwise, any of its rights, duties, benefits, obligations, liabilities or responsibilities without
prior written consent of the EDA.
9. NOTICE
The address and telephone number of Contractor for purposes of giving notices and any
other purpose under this Contract sliall be 4413 Crawford Road, Hopkins MN, 55343, 952-920-
8938.
The address of the EDA for purposes of giving notices and any other purposes under this
Contract shall be 590 40" Avenue NE, Columbia Heights, MN 55421.
IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands
and seals as of the day and year first above written.
ECONOMIC DEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF COLUMBIA
HEIGHTS
By:
Kelli Bourge is
Its: Executive Director
Bergo Environmental Inc.
—3—
By. --/3�
s air Pso))lc�
-4-
nr ,
E/ ry e
A gstrom
nalyflcal
inc.
Mitchell
City of Columbia Heights
590-40th Ave NE
Columbia Heights
February 15, 2021
960 40th Ave N E
Columbia Heights
Dear Mitchell:
5001 Cedar Lake Rd.
St. Louis Park, MN 55416
952-252-0405 office
952-252-0407 fax
Kevin Hagen #2652, a representative of Angstrom Analytical, Inc., visited the above referenced
property on February 11, 2021 for the purpose of conducting an asbestos demolition inspection. We are
prepared to state that there are friable & category II non -friable asbestos containing building
materials contained in or on the fabric of the structure or on the property.
The following materials tested positive for the presence of asbestos:
Flue patch Window glazing TSI vent paper(possibly paper on ducting in walls)
The friable materials are:
1. Approximately 6-8 vents each with asbestos containing ceiling paper throughout the house. (possibly
intumed ducting in the walls as well)
2. Approximately 1-2 square feet of asbestos containing flue patch in the basement by furnace.
The non -friable materials are:
Category II:
3. Approximately 14 windows each with asbestos containing glazing compound throughout the house.
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 960 40th Ave NE. Fifty-four 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 CFC's
2 fluorescent bulbs 1 A/C unit
Appliances
1 furnace
1 washer/dryer
1 water heater
1 stove
4 fridge
1 tnermostat
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 debris will contain (minimal amounts of)
category I non -friable asbestos containing_ material_ and is subject to the MPCA's_ rules and regulations
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 to verify quantities.
Quantification of materials identified in this inspection report are approximations and based on observed
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.
If you have any questions, please call us at the number above.
Sincerely,
Kevin Hagen
Angstrom Analytical, Inc.
ngstrom
PAnalytica(
En+c.
Analysis of Bulk Samples for Asbestos Using Polarized Light Microscopy (PLM)
Mitchell
City of Columbia Heights
590-40th Ave NE
Columbia Heights
Re: 960 40th Ave NE
Number of Samples: 54
5001 Cedar Lake Rd.
St. Louis Park, MN 55416
952-252-0405 office
952-252-0407fax
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 asbestos 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 under 10% ranging down to as little as 10 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.
February 15, 2021
Kevin Hagen, fts4om Analytical, Inc.
Full Service Laboratory and on -site Industrial Hygiene Services for the Hazardous Materials Abatement Industry
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A�� "® CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
8/9/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
CONTACT
NAME: Jay Schleicher
BlueJa Insurance Agency, Inc
Y
PHONE FA
612 236-4105 (612)520-5000
A/C, No, Ext : (A/C, No):
ADDRESS: jays@aibme.com
227 Colfax Ave North — Ste #165
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURER A: Ace American Insurance Company
22667
Minneapolis MN 55405
INSURED
INSURER B : progressive
INSURER C : Amerisafe
Bergo Environmental Inc
INSURER D :
4413 Craford Rd
INSURER E :
INSURER F :
Minnetonka MN 55343
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
TYPE OF INSURANCE
INSD
WVD
POLICY NUMBER
(MM/DD/YYYY)
(MM/DD/YYYY)
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE OCCUR
G46862983004
01/30/2021
01/30/2022
EACH OCCURRENCE
$ 1,000,000
UAIV UL
PREMISES (Ea occurrence)
$ 50,000
MED EXP (Any one person)
$ 10,000
PERSONAL & ADV INJURY
$ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY ECT LOC
OTHER:
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS -COMP/OP AGG
$ 2,000,000
$
B
AUTOMOBILE
LIABILITY
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
05868071-2
01/30/2021
01/30/2022
(Ea accident)
$ 1,000,000
X
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
(Per accident)
$
UMBRELLA LAB
EXCESS LIAB
OCCUR
EACH OCCURRENCE
$
HCLAIMS-MADE
AGGREGATE
$
DED
I I RETENTION $
$
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? �Y
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N/A
AVWCMN2889672021
04/19/2021
04/19/2022
)TH-
STATUTE ER
E.L. EACH ACCIDENT
$ 500,000
E.L. DISEASE - EA EMPLOYEE
$ 500,000
E.L. DISEASE - POLICY LIMIT
$ 500,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Columbia Heights
ACCORDANCE WITH THE POLICY PROVISIONS.
590 40th Ave NE
AUTHORIZED REPRESENTATIVE
JaeJ Srinde.i��ner
Columbia Heights MN 55421
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD