HomeMy WebLinkAbout9B 16244 Main Ave Demolition Report
Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: NOVEMBER 19, 2018
AGENDA #: 9B
PREPARED BY: CASEY MCCABE, COMMUNITY DEVELOPMENT DIRECTOR
PRESENTED BY: CASEY MCCABE
AGENDA ITEM:
CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE MAYOR AND
CITY MANAGER TO EXECUTE A STANDARDIZED MATERIALS AND LABOR
CONTRACT FOR DEMOLITION AND ABATEMENT SERVICES
GOAL AREA AND
OBJECTIVE:
Transportation & Mobility
4. Support complete street designs that ensure pedestrian mobility and multi-modal
transportation options.
5. Focus on key corridors that take advantage of collaboration with state and county
projects.
DISCUSSION: Introduction
The purpose of this resolution is to authorize the Mayor and City Manager to execute
the City’s Standardized Materials and Labor Contract for the demolition of the city-
owned building at 16244 Main Avenue SE.
History
The city-owned 4,300 square foot building at the corner of Main Avenue and CH 21
was operated as a public library until November 1999. The City then briefly leased
the property to Scott-Rice Telephone from January 1, 2000 to June 30, 2000; the
property was then vacant for six months before the City and Flowers Naturally
entered into a lease agreement. Flowers Naturally occupied the building from
January 1, 2001 until October 31, 2018.
The City of Prior Lake has anticipated the demolition of this structure for many years
to facilitate CH21 corridor intersection improvements. City Council agenda reports
as far back as 2000 indicate city ownership of this parcel allows the city to retain
flexibility to utilize the property to foster future downtown redevelopment and CH 21
improvements.
Current Circumstances
City staff submitted a Request for Proposal for Abatement and Demolition of the
16244 Main Avenue SE property to nine area demolition contractors; four proposals
were received. The low bid was submitted by T. M. Schmidt Construction, Inc. in
the amount of $93,000 inclusive of asbestos removal.
Contractor Total Bid Amount
T. M. Schmidt Construction Inc. $93,000
Lloyd's Construction Services, Inc. $98,400
Bollig & Sons, Inc. $110,977
Krueger Excavating, Inc. $112,500
The demolition bids were higher than city staff was anticipating; however, the
demolition includes removal of two interior former bank vaults, a full basement,
sidewalk removals, traffic controls, hazardous material removal and substantial
asbestos abatement.
The contractor will be responsible for the complete removal of the structure, capping
of utilities in conformance with city requirements, backfilling the site with materials
that meet MNDOT specifications and reseeding the site with hydro mulch.
ISSUES: It is the intent of City staff to have this building removed prior to the end of the 2018
calendar year. Traffic controls and removal of utilities will be the responsibility of
the contractor.
The CH 21 corridor improvement project timeline, among other things, is dependent
upon the removal of this building. The building will not be in use and could be viewed
as an attractive nuisance if it is not promptly removed. The building will be deleted
from the city’s list of real property for property insurance purposes.
Had the city not taken ownership of this property in the 1960s, the costs of this
property would be considerably more and may even have required eminent domain
and its many associated costs to acquire.
FINANCIAL
IMPACT:
Demolition costs were always anticipated as part of the CH 21 corridor improvement
project; however, the total costs are higher than staff was anticipating. The total
financial impact for the removal of this structure is approximately $116,538,
including; demolition costs of $93,000; asbestos and hazardous material survey cost
of $1,700; relocation costs to the former building tenants of $18,250; and relocation
consultant services of $3,588. The demolition and relocation related costs will be
paid from the TH 13 / CH 21 corridor project fund.
ALTERNATIVES: 1. Approve a resolution Authorizing the Mayor and City Manager to execute a
Standardized Materials and Labor Contract with T. M. Schmidt Construction Inc.
for the demolition of the city-owned building at 16244 Main Avenue SE.
2. Deny this item for a specific reason and provide staff with direction.
3. Table this item until some date in the future.
RECOMMENDED
MOTION:
ATTACHMENTS:
Alternative #1
1. City’s Standard Contract Materials and Labor
2. Request for Proposal Abatement and Demolition
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 18-___
RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE
A STANDARDIZED MATERIALS AND LABOR CONTRACT
FOR DEMOLITION AND ABATEMENT SERVICES
Motion By: Second By:
WHEREAS, The City of Prior Lake owns a commercial building located at 16244 Main Avenue
SE; and
WHEREAS, Removal of this building is necessary to allow for construction of planned CH 21
corridor improvements; and
WHEREAS, The City does not have in-house resources to complete the demolition and
abatement work; and
WHEREAS,
WHEREAS,
WHEREAS,
City staff submitted a Request for Proposal for Abatement and Demolition of the
16244 Main Avenue SE property to nine area demolition contractors; and
Four proposals were received; and
The low bid was submitted by T. M. Schmidt Construction, Inc. in the amount of
$93,000.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
2. The Mayor and City Manager are authorized to execute the City’s Standardized Materials
and Labor Contract with T. M. Schmidt Construction Inc. for the demolition of the city-owned
building at 16244 Main Avenue SE.
3. Costs related to this contract will be paid from the TH 13 / CH 21 corridor project fund.
Passed and adopted by the Prior Lake City Council this 19th day of November 2018.
VOTE Briggs McGuire Thompson Braid Burkart
Aye ☐ ☐ ☐ ☐ ☐
Nay ☐ ☐ ☐ ☐ ☐
Abstain ☐ ☐ ☐ ☐ ☐
Absent ☐ ☐ ☐ ☐ ☐
______________________________
Frank Boyles, City Manager
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Standard Contract
Materials and Labor
This agreement (“Agreement”) is between the City of Prior Lake, Minnesota ("City"), whose
business address is 4646 Dakota Street SE, Prior Lake, MN 55372, and T. M. Schmidt
Construction Inc, a Minnesota Business Corporation ("Contractor") whose business address is
5990 Meadowlark Lane, Prior Lake, MN 55372.
Based on the mutual promises and covenants set forth herein, the sufficiency of which are hereby
acknowledged, the City and Contractor agree as follows:
1. Agreement. This document, any attached exhibits and the following listed documents shall
hereinafter be referred to collectively as the “Agreement”, all of which shall be taken together
as a whole as the contract between the parties as if they were set out verbatim and in full
herein:
▪ This contract document;
▪ City’s Advertisement for Bids dated October 22, 2018;
▪ City’s Plans and Specifications;
▪ Proposal submitted by Contractor and on file in the office of the City Manager;
▪ Performance Bond and Payment Bond; and
▪ Insurance Certificate(s).
The Contractor agrees to provide, perform and complete all the materials and services in
accordance with the terms of this Agreement (“Work”). If there is any dispute between the
documents, the documents shall govern in the above listed order with this contract document
superseding all other documents.
2. Effective Date and Term of Agreement. This Agreement shall become effective as of
November 20, 2018. The Work shall be completed by December 31, 2018.
3. Compensation for Services. City agrees to pay the Contractor a fixed sum of $93,000.00
as full and complete payment for the Work (“Contract Price”).
A. Any changes in the scope of the Work which may result in an increase to the
compensation due the Contractor shall require prior written approval by an authorized
representative of the City or by the City Council. The City will not pay additional
compensation for services or materials that do not have prior written authorization.
B. If Contractor is delayed in performance due to any cause beyond its reasonable
control, including but not limited to strikes, riots, fires, acts of God, governmental
actions, actions of a third party, or actions or inactions of City, the time for performance
shall be extended by the period of time lost by reason of the delay. Contractor will be
entitled to payment for its reasonable additional charges, if any, due to the delay.
4. Method of Payment. Contractor shall prepare and submit to City, on a monthly basis,
itemized invoices setting forth work performed and the payments requested under this
Agreement. Contractor shall provide an itemized listing of all expenses and such other
documentation as reasonably required by the City. Each invoice shall contain the City’s project
number and a progress summary showing the current billing, past payments and unexpended
balance of the Contract Price. Invoices submitted shall be paid in the same manner as other
claims made to the City.
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A. Claims. In compliance with Minn. Stat. 471.38, by making a claim for payment,
Contractor is declaring that the account, claim, or demand is just and correct and that
no part of it has been paid.
B. Final Payment. Final payment, constituting the entire unpaid balance of the Contract
Price shall be paid by the City to the Contractor when the Work has been completed,
this Agreement fully performed, and the City accepts the Work in writing. No final
payment shall be made to the Contractor until the Contractor has provided all of the
following:
i. Contractor’s affidavit that all payrolls, bills for materials and equipment, and
other indebtedness connected with the Work for which the City or its property
might in any way be responsible, have been paid or otherwise satisfied.
ii. A general lien waiver and lien waivers from all subcontractors waiving liens
related to the Work.
iii. A certificate by the Commissioner of Revenue stating that the Contractor and
each of its subcontracts has complied with the provisions of Minn. Stat. 290.92
relating to withholding of income taxes upon wages.
C. Waiver of Claims. The Contractor’s acceptance of final payment shall constitute a
waiver of all claims by the Contractor except those previously made in writing and
identified by the Contractor as unsettled at the time of application for final payment.
5. Compliance with Laws and Regulations. In providing the Work, the Contractor shall abide
by all statutes, ordinances, rules, and regulations pertaining to the Work. Any violation of
statutes, ordinances, rules and regulations pertaining to the Work shall constitute a material
breach of this Agreement and entitle the City to immediately terminate this Agreement.
6. Contractor’s Employees. Contractor and its employees, representatives and agents shall
comply with all City policies (no smoking, parking location, check in, sign it, etc.). Contractor
and its employees, representatives and agents shall use care, coordination and
communication in order to ensure City employees and guests are not disturbed or
inconvenienced. Contractor’s employees, representatives and agents shall be neat appearing
and at City’s request wear an identification badge approved by the City. Contractor must honor
the City’s request to reassign an employee, representative or agent whom the City determines
is unsuitable for the Work. When necessary, Contractor’s employees, representatives and
agents will be provided with keys or access cards in order to perform their work. Any lost keys
or cards that result in rekeying a space or other cost to the City will be billed back to the
Contractor. The City shall have the right to perform or require to be performed criminal
background checks on any employee, representative or agent of the Contractor who will
perform any aspect of the Work. The Contractor shall cooperate with the City in the
performance of all such criminal background checks.
7. Contractor’s Representative. Contractor has designated a project representative to
coordinate with the City and manage the Work. The project representative shall be assisted
by other staff members as necessary to facilitate the completion of the Work in accordance
with the terms of this Agreement. Contractor may not remove or replace the project
representative without the approval of the City.
8. Standard of Care. Contractor shall exercise the same degree of care, skill and diligence in
the performance of the Work as is ordinarily exercised by members of the profession under
similar circumstances in Scott County, Minnesota. Contractor shall be liable to the fullest
extent permitted under applicable law, without limitation, for any injuries, loss, or damages
proximately caused by Contractor's breach of this standard of care. Contractor shall put forth
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reasonable efforts to complete the Work in a timely manner. Contractor shall not be
responsible for delays caused by factors beyond its control or that could not be reasonably
foreseen at the time of execution of this Agreement. Contractor shall be responsible for costs,
delays or damages arising from unreasonable delays in the performance of the Work.
9. Responsible Contractor. Contractor warrants under oath that Contractor is in compliance
with the minimum criteria required of a “responsible contractor” as that term is defined in Minn.
Stat. 16C.285, Subd. 3. Contractor has provided to City a list of all of its first-tier subcontractors
and motor carriers that it intends to retain for the Work. The Contractor has obtained from all
subcontractors and motor carriers with which it will have a direct contractual relationship a
signed statement under oath by an owner or officer verifying that the subcontractor or motor
carrier meets all of the minimum criteria in Minn. Stat. 16C.285, Subd. 3. If Contractor retains
additional subcontractors or motor carriers for the Work after submitting its verification of
compliance, the Contractor shall obtain verification of compliance from each additional
subcontractor and motor carrier with which it has a direct contractual relationship and shall
submit to the City a supplemental verification confirming the subcontractor’s and motor
carrier’s compliance with Minn. Stat. 16C.285, Subd. 3, clause (7), within fourteen days of
retaining the additional subcontractors or motor carriers. Contractor shall submit to the City
upon request copies of the signed verifications of compliance from all subcontractors and
motor carriers of any tier pursuant to Minn. Stat. 16C.285, subd. 3, clause (7). A false
statement under oath, by Contractor, subcontractor, or motor carrier, verifying compliance
with any of the minimum criteria may result in termination of this Agreement.
10. Subcontractor. The Contractor shall bind every subcontractor and every subcontractor shall
agree to be bound by the terms of this Agreement, unless specifically noted to the contrary in a
subcontract approved in writing by the City. The Contractor shall pay any subcontractor
involved in the performance of this Agreement within ten days of the Contractor's receipt of
payment by the City for undisputed services provided by the subcontractor. If the Contractor
fails within that time to pay the subcontractor any undisputed amount for which the Contractor
has received payment by the City, the Contractor shall pay interest to the subcontractor on
the unpaid amount at the rate of 1.5 percent per month or any part of a month. The minimum
monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid
balance of less than $100, the Contractor shall pay the actual interest penalty due to the
subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from
the Contractor shall be awarded its costs and disbursements, including attorney's fees,
incurred in bringing the action.
11. City’s Obligations. City will provide access to public and private property as necessary for
Contractor to perform the Work. City shall give thorough consideration to all reports, sketches,
estimates, drawings, and other documents presented by the Contractor, and shall inform the
Contractor of all decisions required of City within a reasonable time so as not to delay the
Work. The City shall furnish the Contractor with a copy of any applicable policy, standard or
criteria, including but not limited to, design and construction standards, that may be required
for the Work.
12. City's Representative. City has designated a project representative with respect to the W ork.
He or she shall have authority to transmit instructions, receive information, and interpret the
City's policy and decisions with respect to the Work.
13. Ownership of Documents. All plans, diagrams, analyses, reports and information generated
in connection with the performance of this Agreement (“Information”) shall become the
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property of the City, but Contractor may retain copies of the Information as records of the
services provided. The City may use the Information for its purposes and the Contractor also
may use the Information for its purposes. Use of the Information for the purposes of the Work
does not relieve any liability on the part of the Contractor, but any use of the Information by
the City or the Contractor beyond the scope of this Agreement is without liability to the other,
and the party using the Information agrees to defend and indemnify the other from any claims
or liability resulting therefrom.
14. Condition and Inspection. All materials furnished under this Agreement shall be new and in
current manufacture, unless otherwise specified, and all materials and work shall be of good
quality, free from faults and defects and in conformance with this Agreement. All materials
and work not conforming to these requirements shall be considered defective. Materials shall
be subject to inspection and testing by the City. Materials that are defective or not in current
manufacture may be returned to the Contractor at the Contractor’s expense.
15. Correction of Work. The Contractor shall promptly correct all work rejected by the City as
defective or as failing to conform under this Agreement whether observed before or after
completion of the work and whether or not fabricated, installed or completed. The Contractor
shall bear all costs of correcting such rejected work.
16. Warranty. The Contractor expressly warrants and guarantees to the City that all work
performed and all materials furnished shall be in accord with this Agreement and shall be free
from defects in materials, workmanship, and operation which appear within a period of one
year, or within such longer period as may be prescribed by law or in the terms of this
Agreement, from the date of City’s written acceptance of the Work. The City’s rights under the
Contractor’s warranty are not the City’s exclusive remedy. The City shall have all other
remedies available under this Contract, at law or in equity.
Should any defects develop in the materials, workmanship or operation of the Work within the
specified period, upon notice from the City, the Contractor agrees, within ten calendar days
after receiving written notice and without expense to the City, to repair, replace and in general
to perform all necessary corrective work with regard to the defective or nonconforming work
or materials to the satisfaction of the City. THE FOREGOING SHALL NOT IN ANY MANNER
LIMIT THE CITY’S REMEDY OR THE CONTRACTOR’S LIABILITY TO THOSE DEFECTS
APPEARING WITHIN THE WARRANTY PERIOD. The Contractor agrees to perform the
Work in a manner and at a time so as to minimize any damages sustained by the City and so
as to not interfere with or in any way disrupt the operation of the City or the public.
The corrective work referred to above shall include without limitation, (a) the cost of removing
the defective or nonconforming work and materials from the site, (b) the cost of correcting all
work of other Contractors destroyed or damaged by defective or nonconforming work and
materials including the cost of removal of such damaged work and materials form the site,
and (c) the cost of correcting all damages to work of other Contractors caused by the removal
of the defective or nonconforming work or materials.
The Contractor shall post bonds to secure the warranties.
17. Performance and Payment Bonds. If the Contract Price is $175,000 or more, the Contractor
shall post a Performance and Payment Bond each in an amount equal to one hundred percent
of the Contract Price to insure the prompt and faithful performance of this Agreement by
Contractor and to insure prompt payment to the subcontractors and suppliers of the
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Contractor. The Bonds shall be in compliance with Minn. Stat. 574.26 and in a form approved
by the City. Contractor shall provide the Bonds to the City before commencing work. If the
Performance and/or Payment Bond are not submitted as provided herein, this Agreement
shall be considered void.
18. Private Property. The Contractor shall not enter upon private property for any purpose without
having previously obtained permission from the City. The Contractor shall be responsible for the
preservation of and shall use every precaution to prevent damage to all trees, shrubbery, plants,
lawns, fences, culverts, bridges, pavements, driveways, sidewalks, etc.; all water, sewer and
gas lines; all conduits; all overhead pole lines or appurtenances thereof; and all other public or
private property along or adjacent to the Work.
19. Removal of Construction Equipment, Tools and Supplies. At the termination of this
Agreement, before acceptance of the Work by the City, the Contractor shall remove all of
Contractor’s equipment, tools and supplies from the property of the City. Should the Contractor
fail to remove such equipment, tools and supplies, the City shall have the right to remove them
and deduct the cost of removal and disposal from any amount owed to Contractor.
20. Insurance. Prior to starting the Work, Contractor shall procure, maintain and pay for such
insurance as will protect Contractor and City against claims or loss which may arise out of
operations by Contractor or by any subcontractor or by anyone employed by any of them or
by anyone for whose acts any of them may be liable. Contractor agrees to maintain all
coverage required herein throughout the term of this Agreement and for a minimum of two
years following City’s written acceptance of the Work.
A. Such insurance shall include, but not be limited to, the following minimum coverages and
limits of liability:
i. Commercial General Liability Insurance. Commercial General Liability Insurance
protecting Contractor and City from claims for damages for bodily injury, including
death, and from claims for property damage, which may arise from operations under
this Agreement. The Commercial General Liability Policy shall be on ISO form CG 00
01 12 07 or CG 00 01 04 13, or the equivalent. Such insurance shall cover liability
arising from premises, operations, independent contractors, products-completed
operations, personal and advertising injury, and liability assumed under an insured
contract (including the tort liability of another assumed in a business contract). There
shall be no endorsement or modification of the Commercial General Liability form
arising from pollution, explosion, collapse, underground property damage or work
performed by subcontractors. The City, including its elected and appointed officials,
employees, and agents, must be endorsed as an Additional Insured using ISO Form
CG 20 10 or equivalent for Ongoing Operations and ISO Form CG 20 37 or equivalent
for Products/Completed Operations. Insurance minimum limits are as follows:
• $1,000,000 – per occurrence
• $2,000,000 – annual aggregate
• $2,000,000 – annual aggregate – Products/Completed Operations
ii. Workers’ Compensation Insurance. Workers’ Compensation Insurance for all
Contractor’s employees in accordance with the statutory requirements of the State of
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Minnesota. The Contractor shall also provide Employer’s Liability Insurance with
minimum limits as follows:
• $500,000 – Bodily Injury by Disease per employee
• $500,000 – Bodily Injury by Disease aggregate
• $500,000 – Bodily Injury by Accident
The Contractor shall maintain “stop gap” coverage if Contractor obtains Workers’
Compensation coverage from any state fund if Employer’s liabilit y coverage is not
available.
If Minnesota Statutes, Section 176.041 exempts the Contractor from Workers’
Compensation insurance, the Contractor must provide a written statement, signed by
an authorized representative, indicating the qualifying exemption that excludes the
Contractor from the Minnesota Workers’ Compensation requirements.
iii. Business Automobile Liability Insurance. Business Automobile Liability Insurance
protecting City and Contractor from claims for damages for bodily injury, including
death, and from claims for property damage resulting from the ownership, operation,
maintenance or use of all autos which may arise from operations under this
Agreement. Insurance minimum limits are as follows:
• $1,000,000 – per occurrence Combined Single Limit for Bodily Injury and
Property Damage including Owned, Hired, and Non-owned Automobiles.
iv. Builders Risk Insurance. Builders Risk (Property) Insurance written on an “all-risk”
builders risk basis or equivalent policy form in the amount of the initial Contract Price,
plus the value of subsequent modifications and cost of materials supplied or installed
by others, comprising the total value for the entire project at the site on a replacement
cost basis. This insurance shall include the interests of the City, the Contractor and all
subcontractors.
B. All of the insurance policies required by this Agreement shall comply with the following:
i. The Contractor’s policies shall be primary insurance and non-contributory to any
other valid and collectible insurance available to the City with respect to any claim
arising out of the Contractor’s performance under this Agreement including the
defense and indemnity obligations assumed by Contractor under this Agreement.
ii. An Umbrella or Excess Liability insurance policy may be used to supplement the
Contractor’s policy limits to satisfy the full policy limits required by this Agreement.
iii. All insurance shall be provided on an occurrence basis and not on a claims-made
basis, except professional liability insurance or other coverage not reasonably
available on an occurrence basis; provided that all such claims-made coverage is
subject to the approval of the City Attorney.
iv. Any insurance limits in excess of the minimum limits shall be available to the City.
v. All policies, except professional liability, shall be endorsed with a waiver of
subrogation in favor of the City, including its elected and appointed officials,
employees, and agents for losses arising from activities under this Agreement.
vi. It shall be Contractor’s responsibility to pay any retention or deductible for the
coverages required. The City may require the Contractor to provide proof of ability
to pay losses and related expenses within the deductible and retention.
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vii. The Contractor is required to submit a Certificate of Insurance acceptable to the
City as evidence of the required insurance coverage requirements.
viii. The Contractor’s policies and Certificate of Insurance shall contain a provision that
coverage afforded under the policies shall not be cancelled without at least thirty
days’ advanced written notice to the City, or ten days’ written notice for non-
payment of premium.
ix. The Contractor is responsible to review and ensure all subcontractors comply with
the insurance provisions contained herein and said insurance is maintained as
specified.
x. If the City authorizes the Contractor to be self-insured, a Certificate of Self-
Insurance must be attached.
xi. The Contractor shall obtain insurance policies from insurance companies having
an “AM BEST” rating of A- (minus); Financial Size Category (FSC) VII or better
and authorized to do business in the State of Minnesota, or as approved by the
City.
xii. The City reserves the right to immediately terminate this Agreement if the
Contractor is not in compliance with the insurance requirements and retains all
rights to pursue any remedies against the Contractor.
xiii. All insurance policies must be open to inspection by the City, and copies of policies
must be submitted to the City’s authorized representative upon written request.
xiv. The City’s failure to approve or disapprove the Contractor’s policies or certificates
shall not relieve the Contractor of full responsibility to maintain the required
insurance.
xv. If the coverage period shown on the Contractor's current certificate of insurance
ends during the duration of the project, the Contractor must, prior to the end of the
coverage period, obtain a new certificate of insurance showing that coverage has
been extended.
xvi. No representation is made that the minimum insurance requirements are sufficient
to cover the obligations of the Contractor under this Agreement.
C. Effect of Contractor’s Failure to Provide Insurance. If Contractor fails to provide the
specified insurance, then Contractor will defend, indemnify and hold harmless the City, the
City's officials, agents and employees from any loss, claim, liability and expense (including
reasonable attorney's fees and expenses of litigation) to the extent necessary to afford the
same protection as would have been provided by the specified insurance. Except to the
extent prohibited by law, this indemnity applies regardless of any strict liability or negligence
attributable to the City (including sole negligence) and regardless of the extent to which the
underlying occurrence (i.e., the event giving rise to a claim which would have been covered
by the specified insurance) is attributable to the negligent or otherwise wrongful act or
omission (including breach of contract) of Contractor, its subcontractors, agents, employees
or delegates. Contractor agrees that this indemnity shall be construed and applied in favor
of indemnification. Contractor also agrees that if applicable law limits or precludes any
aspect of this indemnity, then the indemnity will be considered limited only to the extent
necessary to comply with that applicable law. The stated indemnity continues until all
applicable statutes of limitation have run. If a claim arises within the scope of the stated
indemnity, the City may require Contractor to take one of the following actions within fifteen
days of receiving notice from the City.:
i. Furnish and pay for a surety bond, satisfactory to the City, guaranteeing
performance of the indemnity obligation; or
ii. Furnish a written acceptance of tender of defense and indemnity from Contractor's
insurance company.
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21. Indemnification. Contractor will defend and indemnify City, its officers, agents, and
employees and hold them harmless from and against all judgments, claims, damages, costs
and expenses, including a reasonable amount as and for its attorney’s fees paid, incurred or
for which it may be liable resulting from any breach of this Agreement by Contractor, its agents,
representatives, contractors and employees, or any negligent or intentional act or omission
performed, taken or not performed or taken by Contractor, its agents, representatives,
contractors and employees, relative to this Agreement. City will indemnify and hold Contractor
harmless from and against any loss for injuries or damages arising out of the negligent acts
of the City, its officers, agents or employees.
22. Suspension of Work by City. The City may at any time suspend the Work, or any part thereof,
by giving ten days' notice to the Contractor in writing. The Work shall be resumed by the
Contractor within ten days after the date fixed in the written notice from the City to the Contractor
to resume. If the City’s suspension of all or part of the Work causes additional expenses not due
to the fault or negligence of the Contractor, the City shall reimburse the Contractor for the
additional expense incurred due to suspension of the Work. Claims for such compensation, with
complete substantiating records, shall be filed with the City within ten days after the date of
order to resume Work in order to receive consideration. This paragraph shall not be construed
as entitling the Contractor to compensation for delays due to inclement weather, failure to furnish
additional surety or sureties specified herein, for suspension made at the request of the
Contractor, or for any other delay provided for in this Agreement.
23. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the
Work in accordance with this Agreement or fails to perform any provisions of this Agreement,
the City may, after ten days written notice to the Contractor and without prejudice to any other
remedy the City may have, make good such deficiencies. In such case an appropriate change
order shall be issued deducting from the payment then or thereafter due the Contractor the
cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are
not sufficient to cover such amount, the Contractor shall pay the difference to the City.
24. City’s Right to Terminate Agreement and Complete the Work. The City has the right to
terminate this Agreement for any of the following reasons:
A. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of
creditors, or becomes insolvent;
B. Failure of Contractor to supply adequate properly skilled workers or proper materials;
C. Failure of Contractor to make prompt payment to subcontractor for material or labor;
D. Any disregard of laws, ordinances or proper instructions of the City;
E. Assignment of the W ork without permission of the City;
F. Abandonment of the Work by Contractor;
G. Failure to meet the Work progress schedule set forth in this Agreement;
H. Unnecessary delay which, in the judgment of the City, will result in the Work not being
completed in the prescribed time.
I. Any other failure to comply with the terms of this Agreement.
Termination of this Agreement shall be preceded by ten days written notice by the City to the
Contractor and its surety stating the grounds for termination and the measures, if any, which
must be taken to ensure compliance with this Agreement. This Agreement shall be terminated
at the expiration of such ten-day period unless the City shall withdraw its notice of termination.
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Upon termination of this Agreement by the City, the City may, without prejudice to any other
remedy the City may have, take possession of the site and of all materials, equipment, tools,
construction equipment and machinery thereon owned by the Contractor and may finish the
Work by whatever methods the City may deem expedient at the Contractor’s expense.
Upon termination of this Agreement, the Contractor shall not be entitled to receive any further
payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the
expense of finishing the Work, including compensation for additional managerial and
administrative services, the excess shall be paid to the Contractor. If such expense exceeds the
unpaid balance, the Contractor shall pay the difference to the City.
In the event that the Contractor abandons the Work, fails or refuses to complete the Work or
fails to pay just claims for labor or material, the City reserves the right to charge against the
Contractor all legal, engineering, or other costs resulting from such abandonment, failure or
refusal. Legal costs will include the City's cost of prosecuting or defending any suit in connection
with such abandonment, failure or refusal, and non-payment of claims wherein the City is made
co-defendant, and the Contractor agrees to pay all costs, including reasonable attorney's fees.
25. Contractor’s Right to Terminate Agreement. The Contractor may terminate this Agreement
upon ten days written notice to the City for any of the following reasons:
A. If an order of any court or other public authority caused the Work to be stopped or
suspended for a period of 90 or more days through no act or fault of the Contractor or
its employees.
B. If the City should fail to pay any undisputed sum owed Contractor within forty-five days
after the sum becomes due.
26. Liquidated Damages. The parties agree that the damages suffered by City as a result of the
Work not being completed within the time provided for in this Agreement (“Stated Time”) would
be extremely difficult to calculate. Therefore, in addition to any other remedies, in the event
the Work is not completed within the Stated Time, the Contractor and its sureties shall be
assessed liquidated damages of one percent of the total Contract Price or $500.00, whichever
is greater, per day for each calendar day of delay excluding Saturdays, Sundays, and Holidays
until the Work is complete. This sum shall be deducted from the Contract Price at the time of
final payment. Contractor and City hereby acknowledge and agree that the terms, conditions
and amount fixed under this paragraph are reasonable, considering the disruption and costs
City will likely incur, including but not limited to inconvenience to the public, added cost of
engineering and supervision, and legal costs, as a result of the Work not being completed
within the Stated Time.
27. Mediation. Each dispute, claim or controversy arising from or related to this Agreement shall
be subject to mediation as a condition precedent to initiating arbitration or legal or equitable
actions by either party. Upon service of a written notice requesting mediation, the parties shall
have ten (10) days to jointly select one person to act as mediator. If the parties are unable to
agree upon a mediator, the parties shall ask the Scott County District Court to select a
mediator. The mediation shall be conducted pursuant to the commercial mediation procedures
of the American Arbitration Association but shall not be administered by the American
Arbitration Association. No arbitration or legal or equitable action may be instituted for a period
of 90 days from the filing of the request for mediation unless a longer period of time is provided
by agreement of the parties. Each party shall bear its own costs of the mediation process.
The parties shall share equally the fees and expenses of the mediator. Mediation shall be held
in the City of Prior Lake unless another location is mutually agreed upon by the parties. The
Page 10 of 13
parties acknowledge that mediation is a voluntary process, and that the mediator does not
have the authority to bind either party absent the party’s consent. The parties shall
memorialize any agreement resulting from the mediation in a mediated settlement agreement,
which agreement shall be enforceable as a settlement in any court having jurisdiction thereof.
28. Notice. Any notice required or permitted under this Agreement shall be delivered in one or
more of the following manners: (i) delivered personally; (ii) mailed by United States registered
or certified mail, return receipt requested, postage prepaid; or (iii) deposited cost paid with a
nationally recognized, reputable overnight courier. Notice shall be delivered or directed to an
officer or agent of the Contractor or to the City Manager as applicable at the address set forth
on page 1 of this Agreement. Notice shall be deemed effective on the date of receipt. Any
party may change its address for the service of notice by giving written notice of such change
to the other party in any manner above specified, 10 days prior to the effective date of such
change.
29. Independent Contractor. At all times and for all purposes, Contractor is an independent
contractor engaged by City to perform the services described in this Agreement and
Contractor shall have no authority to employ persons or make purchases on behalf of City, or
otherwise bind or obligate City. No statement in this Agreement shall be construed to find the
Contractor an employee of the City.
30. Employees. Contractor agrees not to hire any employee or former employee of City and City
agrees not to hire any employee or former employee of Contractor prior to termination of this
Agreement and for one year thereafter, without prior written consent of the former employer
in each case.
31. Assignment. Neither party shall assign this Agreement, nor any interest arising herein,
without the written consent of the other party.
32. Audit Disclosure. Pursuant to Minn. Stat. 16C.05, Subd. 5, the books, records, documents
and accounting procedures and practices of the Contractor or other parties relevant to this
Agreement are subject to examination by the City and either the Legislative Auditor or the
State Auditor for a period of six years after the effective date of this Agreement.
33. Data Practices. Any reports, information, data, etc. given to, or prepared or assembled by
the Contractor under this Agreement which the City requests to be kept confidential, shall not
be made available to any individual or organization without the City's prior written approval.
This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota
Statutes Chapter 13 (“Data Practices Act”). All government data, as defined in the Data
Practices Act, which is created, collected, received, stored, used, maintained, or disseminated
by Contractor in performing any of the functions of the City during performance of this
Agreement is subject to the requirements of the Data Practice Act and Contractor shall comply
with those requirements as if it were a government entity. All subcontracts entered into by
Contractor in relation to this Agreement shall contain similar Data Practices Act compliance
language.
34. Non-Discrimination. During the performance of this Agreement, the Contractor shall not
discriminate against any employee or applicant for employment because of race, color, creed,
religion, national origin, sex, marital status, status with regard to public assistance, disability,
sexual orientation or age. The Contractor shall post in places available to employees and
applicants for employment, notices setting forth the provision of this non-discrimination clause
Page 11 of 13
and stating that all qualified applicants will receive consideration for employment. The
Contractor shall incorporate the foregoing requirements of this paragraph in all of its
subcontracts for the W ork, and will require all of its subcontractors for the Work to incorporate
such requirements in all subcontracts for the Work. The Contractor further agrees to comply
with all aspects of the Minnesota Human Rights Act, Minnesota Statutes 363.01, et. seq., Title
VI of the Civil Rights Act of 1964, and the Americans with Disabilities Act of 1990.
35. Conflicts. No salaried officer or employee of the City and no member of the Council, or
Commission, or Board of the City shall have a financial interest, direct or indirect, in this
Agreement. The violation of this provision renders this Agreement void.
36. Rights and Remedies. The duties and obligations imposed by this Agreement and the rights
and remedies available thereunder shall be in addition to and not a limitation of any duties,
obligations, rights and remedies otherwise imposed or available by law.
37. Damages. In the event of a breach of this Agreement by the City, Contractor shall not be
entitled to recover punitive, special or consequential damages or damages for loss of
business.
38. Enforcement. The Contractor shall reimburse the City for all costs and expenses, including
without limitation, attorneys' fees paid or incurred by the City in connection with the
enforcement by the City during the term of this Agreement or thereafter of any of the rights or
remedies of the City under this Agreement.
39. Governing Law. This Agreement shall be controlled by the laws of the State of Minnesota.
Venue and jurisdiction for any action, suit or proceeding arising out of this Agreement shall be
only in the courts of Scott County, Minnesota or the federal courts for the United States for
the District of Minnesota.
40. Entire Agreement. The entire agreement of the parties is contained herein. This Agreement
supersedes all oral agreements and negotiations between the parties relating to the subject
matter hereof as well as any previous agreements presently in effect between the parties
relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of
the provisions of this Agreement shall be valid only when expressed in writing and duly signed
by the parties, unless otherwise provided herein.
41. Severability. The provisions of this Agreement are severable. If any portion hereof is, for any
reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not
affect the remaining provisions of this Contract.
42. Waiver. No action nor failure to act by the City or the Contractor shall constitute a waiver
of any right or duty afforded any of them under this Agreement, nor shall any such action or
failure to act constitute an approval of or acquiescence in any breach thereunder, except as
may be specifically agreed in writing.
43. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall
be considered an original.
Page 12 of 13
In witness whereof, the parties have caused this Agreement to be executed by their duly
authorized agents.
CITY OF PRIOR LAKE
__________________________________
Kirt Briggs, Mayor
___________________________________
Frank Boyles, City Manager
CONTRACTOR
By: ________________________________
Todd M. Schmidt
Its: Chief Executive Officer
Page 13 of 13
Exhibit A
Work
(following pages)
October 22, 2018
Date Proposals Due: Tuesday, November 13, 2018 by close of business (4:30pm)
Request for Proposal
Abatement and Demolition
16244 MAIN AVENUE SE, PRIOR LAKE, MN 55372
ABATEMENT & DEMOLITION SPECIFICATIONS
Scope of work
16244 Main Avenue SE, Prior Lake, MN 55372
• Demolition of an approximate 4,500 square foot commercial building,
including demolition of two interior former bank vaults.
• Property includes a basement.
• No accessory buildings located on site.
• Removal of miscellaneous shelving, pallets and fixtures.
• Grading of site.
• Sidewalk removal and traffic controls will be required as part of demolition.
All abatement and demolition must be completed no later than December 31, 2018.
Prepared by: Casey McCabe
Community Development Director
City of Prior Lake
Phone: (952) 447-9815
Email: cmccabe@cityofpriorlake.com
Abatement and Demolition Specifications Page 2
16244 Main Avenue SE
Prior Lake, MN 55372
INSTRUCTIONS TO BIDDERS
All bidders shall examine all documents and shall visit the site informing themselves of all existing
conditions under which the work is to be performed. They shall record their own investigations
relative to the structure of the grounds, existing buildings, obstacles that may be encountered, and
any other relevant matters which may affect the work of bidding. Bidders can request access
inside the property.
No special conditions or contingencies shall be added to the proposal form by a bidder. Proposals
shall be signed by the individual if submitted by a sole owner, and all co-partners if submitted by a
partnership. Proposals submitted by corporations shall state the correct corporate name and the
state of incorporation, with the signature of an officer of the corporation authorized to bind the
corporation to a contract.
The Contractor shall provide a brief statement of qualifications of abatement and demolition work
experience with commercial structures. The City of Prior Lake (CITY) shall have the right to take
such steps, as it deems necessary, to determine the ability of the bidder to perform the work.
Proposals may not be withdrawn after 4:30 p.m. on Tuesday, November 13, 2018 without the
consent of the CITY.
Upon submittal of the final invoice, each Contractor and all their subcontractors must submit form
IC-134 from the Minnesota Department of Revenue to the Project Manager per Minnesota Statutes
290.92 and 290.97 concerning withholding of Minnesota income tax from wages paid to employees
relating to contract services with the State of Minnesota and/or its subdivisions.
All abatement and demolition must be completed no later than December 31, 2018, unless
written consent is provided by the CITY.
Proposals shall be submitted in an opaque, sealed envelope with the words “BID – DO NOT
OPEN” and the contractor’s name and address. Proposals should be mailed or delivered to the
following address:
Casey McCabe, Project Manager
Community Development Director
City of Prior Lake
4646 Dakota Street SE
Prior Lake, MN 55372
The CITY reserves the right to accept or reject any or all proposals and to waive any informalities
or irregularities in the proposals.
Contractors are encouraged to inspect the property prior to submitting a proposal. Interior site
inspections can be coordinated by contacting the Project Manager.
Abatement and Demolition Specifications Page 3
16244 Main Avenue SE
Prior Lake, MN 55372
1.0 GENERAL CONDITIONS
1.1 These specifications identify the regulated material abatement and demolition to
be performed at the property.
1.8 After a “Proceed to Work Order” has been issued by the CITY, any changes must
be in writing and approved by the CITY in writing.
1.9 All work completed shall be done in accordance with State and Local code
requirements, and necessary permits must be secured at the Contractor’s
expense. Prior Lake City Hall: Al Ernste, Building Official (952) 447-9851.
1.10 Bidding contractors shall have and maintain the following insurance requirements
during the period of demolition:
1.10.1 Coverage for bodily injury and property damage shall be an amount of not
less than $1,000,000 per occurrence. This Comprehensive Liability Policy
will include but not be limited to the following coverage: premises –
operations, products/completed operation hazard, broad form blanket
contractual, broad form property damage and coverage for acts of
independent contractors. Coverage is to include explosions, collapse, and
underground exposures.
1.10.2 The Contractor agrees to maintain a worker’s compensation policy for all
employees.
1.10.3 Additional liability insurance required shall include a comprehensive
automobile policy including owned, non-owned, and hired vehicles in an
amount of not less than $1,000,000 for each occurrence.
1.10.4 Contractor is to supply Umbrella Liability Policy with limit per occurrence
of at least $1,000,000.
1.12 A final job contract shall be made between the CITY and the Contractor in
conjunction with the Contractor bid. The eventual contract shall include provisions
for work completion dates, equal opportunity, and final job payment.
1.13 The Contractor shall avoid damage to trees during demolition and shall remove
any damaged trees from the site should they be seriously damaged.
1.14 The Contractor shall avoid damaging sidewalks, streets, curbs, pavements,
utilities, structures or any other property (except which is to be removed) either on
or adjacent to the site. The Contractor shall repair at own expense any damage
caused by their operations.
1.15 The Contractor shall provide barricades and fencing at the demolition sites during
demolition as necessary to ensure safe conditions. This requirement will apply
continuously and will not be limited to normal working hours.
1.16 The Contractor shall coordinate with Curt Anderson in the Scott County Highway
Department at 952-496-8487, to obtain a right-of-way permit for lane closures
along CH21.
Abatement and Demolition Specifications Page 4
16244 Main Avenue SE
Prior Lake, MN 55372
1.17 The Contractor shall coordinate with Jake Theisen, City of Prior Lake Maintenance
Superintendent at (952) 447-9899, to restrict off-street parking stalls adjacent to
the north building wall.
2.0 HAZARDOUS MATERIALS
2.1 An Asbestos Survey has been completed by Legend Technical Services, Inc. for
the 16244 Main Avenue SE property. A total of eighty (80) bulk samples were
collected of suspect ACM from the building. Twenty-three (23) samples were
found to be asbestos containing . The Asbestos Survey is attached to this
request for proposal. An electronic copy of the Asbestos Survey can be obtained
by contacting Casey McCabe at (952) 447-9815 or cmccabe@cityofpriorlake.com.
The Asbestos Survey identified hazardous materials that must be removed from
the building and disposed of by the Contractor prior to demolition, including:
➢ Fluorescent tubes – 154
➢ Ballasts – 77
➢ Door Closers – 9
➢ Mercury Containing Thermostats – 1
➢ Compact Fluorescent Light Bulbs – 12
➢ HID Bulbs – 2
➢ Smoke/Fire Detectors – 3
➢ Emergency Lights – 4
➢ Fire Extinguishers – 1
➢ Furnace – 1
➢ Water Heater – 1
➢ Sump Pump – 1
➢ A/C Units – 3
➢ Lead Roof Vent Caps – 2
➢ Circuit Boards – 8
➢ Cooler – 1 (Large walk-in cooler of approximately 11’ X 12’ X 8’ may
be removed by current tenant prior to demolition. Provide a separate
line item on the proposal for removal of the cooler in the event the
current tenant does not remove the cooler)
Walk-In Cooler Photos
• Walk-In Cooler Dimensions (approximate): 11' x 12’ x 8'
• Walk-In Cooler Specifications: SRC Refrigeration, SRC Designer series III, Model: PC1112D
• Includes storage and shelving.
• Compressor outside. Dimensions of compressor unit is 38" by 28.5" by 16"
• 852 cubic feet
• Indoor condensing unit is 220V
Abatement and Demolition Specifications Page 5
16244 Main Avenue SE
Prior Lake, MN 55372
• Large walk-in door in the rear of the unit (33" wide)
• Four tempered insulated glass swing doors in front of unit, (each door is 30.25" wide by 67"
high)
2.2 Prior to demolition, the Contractor shall have all hazardous materials as identified
in the Asbestos Survey properly disposed.
2.2.1 All hazardous materials identified in the Asbestos Survey are to be
removed and disposed of or recycled in accordance with all Federal, State,
and Local regulations. The Contractor shall be responsible to obtain all
necessary permits and certifications of personnel including any fees or
charges that are required.
2.3 Lead paint or lead-containing coatings may be present at the site. The
Occupational Safety and Health Association (OSHA) regulates demolition and
other activities which can potentially expose workers to lead paint or lead-
containing coatings. The OSHA standards apply to all paint and other coatings
containing lead in any detectable concentration. These standards, including
exposure monitoring, will apply to any employees conducting work activities at the
sites that will impact the paint. It is the contractor’s responsibility to communicate
the presence of lead in paint to any person who may impact it.
2.4 All Asbestos Containing Material ACM removal shall be completed in accordance
with Minnesota Pollution Control Agency (MPCA), Minnesota Department of
Health (MDH), and Minnesota Occupational Safety and Health Administration
(MNOSHA) regulations and guidelines. All asbestos removal activities shall be
completed by Minnesota licensed contractors using Minnesota certified Workers
and Supervisors. Where required, the Contractor will notify the MPCA and MDH
prior to removal activities. A copy of all notices must be provided to the Project
Manager prior to removal of hazardous materials.
2.5 All asbestos and other wastes shall be transported in accordance to U.S.
Department of Transportation (USDOT) regulations. Records of transportation
and disposal shall be provided to the Project Manager with 45 days of
disposal/recycling.
3.0 DEMOLITION AND SITE CLEARANCE
3.1 Demolition
3.1.1 Prior to starting the removal of building, the Contractor will arrange to have
all existing sanitary sewer service connections into the building cut off and
permanently sealed in accordance with all regulations and ordinances of
City of Prior Lake. The Contractor shall make arrangements with the utility
or public service companies for removal of meters and other equipment
owned by such companies. The Contractor will be responsible for
maintaining or otherwise providing utility services to properties outsi de of
or immediately adjacent to the property on which the wrecking operations
is performed.
The sewer connections shall be sawed, plugged and capped, as
approved by the City of Prior Lake, at the property lines/curb stop for
the 16244 Main Avenue SE property. Location of sewer line at
property line/curb stop shall be marked with steel post. Prior to
conducting this work, the Contractor shall contact Jake Theisen, City of
Prior Lake Maintenance Superintendent at (952) 447-9899 for approval.
Abatement and Demolition Specifications Page 6
16244 Main Avenue SE
Prior Lake, MN 55372
3.1.2 Prior to demolition, all municipal water service shall be disconnected and
sealed in conformance with current Federal, State, and Local regulations
and in accordance with the City of Prior Lake. The municipal water
service connections shall be cut and crimped on the property side of
the water shut off valve near the property line/curb stop. Location of
water service at property line/curb stop shall be marked with steel
post. Prior to conducting this work, the Contractor shall contact Jake
Theisen, City of Prior Lake Maintenance Superintendent at (952) 447-
9899 for approval.
3.1.3 Prior to demolition, all natural gas service shall be disconnected and shut
off in conformance with current Federal, State, and Local regulations and
in accordance with the City of Prior Lake requirements.
3.1.4 Prior to demolition, the Contractor will be responsible for contacting the
electric company to terminate and disconnect electricity to the propert y.
Any fees applicable to terminating the electricity will be the responsibility
of the contractor.
3.1.5 Remove all structures identified including but not limited to roofs, walls,
floors, mechanical systems, slabs, foundation walls, vaults, vault doors,
footings, and basement floors. Other items such as miscellaneous metal
shelving, fixtures and wood pallets located in the building are also to be
hauled away.
3.1.6 No stockpiling of dirt, concrete, asphalt, gravel materials shall be permitted
on-site for longer than a 72-hour period.
3.1.7 The retaining wall on the west side of the building shall not be removed.
A small portion of this wall may need to be removed for demolition of the
structure; however, most of the wall shall remain in place. Contractor shall
grade the embankment on the east side of the retaining wall to a maximum
3:1 slope that is acceptable to the CITY with no abrupt drop offs and no
signs of erosion.
Abatement and Demolition Specifications Page 7
16244 Main Avenue SE
Prior Lake, MN 55372
3.1.8 Any partially buried items such as posts, pipes, railings, anchor bolts, and
all other partially buried objects protruding up from the ground shall be
removed. The remaining hole shall be filled and compacted as detailed
below.
3.1.9 The CITY is not aware of any fuel oil tanks or underground fuel tanks at
the property. If a tank is discovered, Contractor shall contact the Project
Manager immediately.
3.1.10 The CITY is not aware of any wells or septic tanks on the property. If a
well or tank is discovered, Contractor shall contact the Project Manager
immediately.
3.1.11 All demolition debris and solid waste shall be delivered by the Contractor
to an approved disposal facility licensed in accordance with federal, state,
and local regulations. The Contractor shall be responsible to pay all fees
or costs for the transportation and waste disposal.
3.1.12 The Contractor shall provide silt fence at the demolition propert y
conforming with MN Department of Transportation Standard Specification
3886 and to be properly installed in accordance with MN Department of
Transportation Standard Specification 2573. Silt fence is to remain in
place and in proper working condition throughout the project and will be
removed once grass seed has stabilized soil with established turf.
Stormwater inlet protection shall be provided at each catch basin adjacent
to the demolition site.
3.1.13 The demolition of the structure is to be performed in a safe manner with
the dropping of the building confined to its property. No demolition debris
is to be allowed on adjacent properties. No explosives will be allowed to
perform any demolition or related work on this project.
3.1.14 Airborne dust and other debris is to be controlled always with the use of
water which is to be provided by the Contractor. The structure and debris
are to be kept adequately wet during wrecking, loading, hauling, etc. so
that no dust or debris is allowed onto adjoining properties. Contractor is
to comply with all local, state, and federal regulations regarding water, air,
sediment and noise pollution at the demolition sites.
3.1.15 No existing wall or partially demolished wall more than six (6) feet high
shall be left in place without adequate support after working hours.
3.1.16 The Contractor shall have and maintain the correct type/class of fire
extinguisher on site. All work performed by the Contractor shall be
performed in such a manner as to avoid fires, explosions or other hazards
to individuals and property. No fires of any kind will be permitted in the
work areas.
3.1.17 The Contractor shall protect and not damage existing street lights, street
signs, traffic signals, fire hydrants, sidewalks, lawns, or other property
adjacent to the demolition site. The Contractor shall pay for the
repair/replacement of all damaged property which is not scheduled to be
demolished that is a result of their actions. The Contractor shall pay for
temporary relocation of utilities that are relocated at the Contractor’s
request for their convenience.
Abatement and Demolition Specifications Page 8
16244 Main Avenue SE
Prior Lake, MN 55372
3.1.18 Before starting demolition work , the Contractor will be required to present
the Plan of Operations for the wrecking of the structure for the review of
the CITY. The Contractor will be advised upon the award of the Contract
of the time and the place of the meeting. At this time, the Contractor will
be asked to outline the significant steps, dates, schedu les, and
concurrence of the CITY. Such concurrence of this procedure shall not be
construed to be an approval, control, or direction of the method of
wrecking.
3.1.19 Upon completion of the work at the buildings, and until time of final
acceptance, the Contractor shall maintain the premises. The cleaning up
of the premises shall include the removal and disposal of any rubbish,
refuse, or other trash or materials lying within the property areas, whether
such conditions have resulted from operations under this Contract.
3.2 Sidewalk Removal
3.2.1 The Contractor shall cut and dispose of existing sidewalks on the north,
south and east sides of the building as shown o n the exhibit on the
following page.
3.2.2. The Contractor shall protect and not damage those sections of sidewalk
that are to remain. The Contractor shall pay for the repair/replacement of
all damaged sidewalks that is a result of their actions, for sections of
sidewalk which are not scheduled to be removed.
Abatement and Demolition Specifications Page 9
16244 Main Avenue SE
Prior Lake, MN 55372
South Building Wall
North Building Wall – the
section of sidewalk to remain
shall be the same width as
adjacent sidewalk to the west.
East ‘Front’ Building Wall –
sidewalk shall be cut and
removed along ‘wave’ pattern
as shown
Abatement and Demolition Specifications Page 10
16244 Main Avenue SE
Prior Lake, MN 55372
3.3 Backfilling and Final Grading
3.3.1 Fill basement, footings, and foundation area to level with current ground
surface on property.
3.3.2 Backfilling materials shall be a well-graded gravel and clay mixture having
maximum size of three inches with not more than 20% by weight passing
the No. 200 mesh depth. Backfill materials shall meet Minnesota
Department of Transportation Specifications 3149.B1.
3.3.3 Demolition debris shall not be utilized for backfill material. Topsoil material
shall not be permitted as deep fill material.
3.3.4 Material for compacting backfill shall be placed in layers of 12 inches for
rolling equipment including sheepsfoot (vibrating or non-vibrating), grid,
smooth-wheel (non-vibrating), pneumatic-tired and/or segmented wheels.
Material for compacting shall be placed in layers of four (4) inches for
hand-held mechanical tampers and walk behind vibrating plates.
3.3.5 All backfilled areas shall be compacted to a minimum of 95% of maximum
density or 98% of maximum density if within three feet of paved surfaces,
curbs, footings, buildings, or other structures
3.3.6 All materials (soils, clay, etc.) used for backfilling must be proven free of
contamination by acceptable local, state, and/or federal analytical
techniques. The backfill material must be proven free of; volatile organic
compounds, semi-volatile organic compounds, heavy metals,
polychlorinated biphenyls, pesticides, herbicides, etc.
3.3.7 The Contractor is responsible for reseeding all disturbed soil surfaces with
a hydro mulch and dormant seed at the completion of the grading of the
site. All seeded areas shall have a minimum of four inches (4”) of topsoil
borrow placed as the final surface prior to seeding. CITY shall be
responsible for watering all seeded areas.
3.3.8 Excavated areas, basements, footings, etc. shall be filled with clean
granular gravel material and shall be graded to have a uniform surface that
does not permit ponding of water. The final grade shall be shaped to allow
for drainage from the site along with ease of site maintenance by the city.
PROPOSAL FOR ABATEMENT & DEMOLITION
16244 Main Avenue SE, Prior Lake, MN
The undersigned does declare that this proposal complies with all Terms and Conditions as set
forth in the Request for Proposals dated October 22, 2018 and is made without improper connection
with any other person making a proposal on this work and is in all respects fair and without collusion
or fraud.
Alternate Line Item: Large walk-in cooler of approximately 11’ X 12’ X 8’ may be removed by
current tenant prior to demolition. In the event it is not removed, provide a separate line item for
removal of the cooler. If the walk-in cooler is removed prior to demolition, the amount below will
be subtracted from the Total Cost. The undersigned proposes a total cost of labor and material
for removal of the Walk-In Cooler from 16244 Main Avenue SE, Prior Lake:
______________________________________________ Dollars ($______________)
The undersigned proposes a Total Cost of labor and material (including removal of hazardous
materials and the walk-in cooler) for 16244 Main Avenue SE, Prior Lake:
______________________________________________ Dollars ($______________)
Contractor Name:
Address:
Phone Number:
Email Address:
I hereby certify that I am authorized to sign as a Representative for the Contractor.
Signature:
Name (Print): Title:
PROPOSAL CHECKLIST
Please submit all of the following with the proposal. Incomplete bids will be rejected.
1. Signed proposal;
2. Statement of Abatement and Demolition qualifications and References; and
3. Proof of insurance.
Attachment A
Date Proposals Due: Tuesday, November 13, 2018 by close of business (4:30pm)
West ‘Rear’ Building Wall
South Building Wall along CH21
East ‘Front’ Building Wall
North Building Wall – must maintain ADA
sidewalk width after removal
Main Floor Vault Door
Main Floor Vault Door
Lower Level Vault Door
Lower Level Vault Door
Lower Level
Main Floor Sink Area
Lower Level Mechanical
Lower Level Mechanical
Lower Level Restroom 1
Lower Level Restroom 2
Lower Level Mechanical
Lower Level Vault Interior
Lower Level Mechanical
Lower Level Floor