HomeMy WebLinkAbout2020-10-20 HRA Regular Meeting PacketAgenda
Edina Housing and Redevelopment Authority
City of Edina, Minnesota
VIRTUAL MEETING
Tuesday, October 20, 2020
9:00 PMImmediately following the City Council meeting
I.Call to Order
II.Roll Call
III.Pledge of Allegiance
IV.Approval of Meeting Agenda
V.Adoption of Consent Agenda
All agenda items listed on the consent agenda are considered routine and
will be enacted by one motion. There will be no separate discussion of such
items unless requested to be removed from the Consent Agenda by a
Commissioner of the HRA. In such cases the item will be removed from the
Consent Agenda and considered immediately following the adoption of the
Consent Agenda. (Favorable rollcall vote of majority of Commissioners
present to approve.)
A.Request for Purchase: Demolition and Disposal of Commercial Building, 4100
West 76th Street
VI.HRA Commissioners' Comments
VII.Executive Director's Comments
VIII.Adjournment
The Edina Housing and Redevelopment Authority wants all participants to be
comfortable being part of the public process. If you need assistance in the way of
hearing ampli5cation, an interpreter, large-print documents or something else,
please call 952-927-8861 72 hours in advance of the meeting.
Date: October 20, 2020 Agenda Item #: V.A.
To:Chair & Commissioners of the Edina HRA Item Type:
Request For Purchase
From:Derik Otten, Facility Manager
Item Activity:
Subject:Request for Purchase: Demolition and Disposal of
Commercial Building, 4100 West 76th Street
Action
Edina Housing and Redevelopment
Authority
Established 1974
CITY OF EDINA
HOUSING & REDEVELOPMENT
AUTHORITY
4801 West 50th Street
Edina, MN 55424
www.edinamn.gov
ACTION REQUESTED:
Approve Request for Purchase with Rachel Contracting for $88,358, to demolish and dispose of commercial
building located at 4100 West 76th Street.
INTRODUCTION:
In August 2019, the HRA acquired 4100 W. 76th Street to hold for Aeon and the development of 70 units of
affordable housing. The building has stood vacant since spring 2018. Staff has been working with Aeon on the
timing of construction which is expected to begin this winter. To facilitate this process, the City has agreed
to demolish the building. Aeon has agreed to reimburse the City for these costs.
ATTACHMENTS:
Description
Request for Purchase
Demolition Contract
City of Edina • 4801 W. 50th St. • Edina, MN 55424
Request for Purchase
Date: October 20, 2020
To: Chair & Commissioners of the Edina HRA
From: Derik Otten, Facility Manager
Subject: Request for Purchase: Demolition and Disposal of Commercial Building
Located at 4100 West 76th Street
Purchase
Subject to:
☒List Quote/Bid
☐State Contract
☐Service Contract
The
Recommended
Bid is:
☒Within Budget
☐Not Within Budget
Background
The commercial property located at 4100 W. 76th St. was purchased by the Edina HRA in August
2019. It has since sat vacant.
Date Bid Opened or Quote Received: Bid or expiration Date:
10/5/2020 N/A
Company: Amount of Quote or Bid:
Rachel Contracting
LinnCo Inc.
Veit & Company, Inc
Carl Bolander & Sons
Lloyds Construction Service
Frattalone Companies
H & T Trucking
Ramsey Companies
Kevitt Excavating
JACON LLC
Fehn Companies, Inc.
Urban Companies
Recommended Quote or Bid:
Rachel Contracting
$88,358.00
$98,500.00
$103,789.00
$113,000.00
$118,145.00
$125,795.00
$136,210.00
$140,878.00
$167,810.00
$168,988.00
$196,650.00
$215,000.00
$88,358.00
Page 2
City of Edina • 4801 W. 50th St. • Edina, MN 55424
Request for Purchase
Department Director Authorization: ________________________________________
City Council Authorization Date: ______________________ (for purchases over $20,000 only)
Budget Impact
• The funding source for this purchase is 76th Street West TIF to be reimbursed by
the developer.
Environmental Impact
• Waste – All materials from the demolition of this building will be recycled when
applicable.
• Hazardous materials have been removed from the property and properly disposed
of to comply with MPCA regulations.
Community Impact
• The redevelopment of this site is being coordinated by the Community Development
Department. Construction of a new 70-unit, 100 percent affordable housing
development is expected to start in December and completed in early spring 2022.
February 2017 B-1 IB
FORM OF AGREEMENT BETWEEN
CITY OF EDINA AND CONTRACTOR
CONTRACT NO. FC 20-08
BUILDING DEMOLITION AND DISPOSAL 4100 W, 76TH ST
THIS AGREEMENT made this 20th day of October, 2020 , by and between the CITY OF EDINA,
a Minnesota municipal corporation (“City”) and Rachel Contracting, LLC, 4180 Napier Court NE, St
Michael MN, 55376 (“Contractor”). City and Contractor, in consideration of the mutual covenants set
forth herein, agree as follows:
1. CONTRACT DOCUMENTS. The following documents shall be referred to as the “Contract
Documents,” all of which shall be taken together as a whole as the contract between the parties as if they were set
verbatim and in full herein:
A. This Agreement.
B. Instructions to Bidders.
C. City of Edina General Contract Conditions.
D. Addenda numbers 1 to 2.
E. Specifications prepared by Derik Otten, Facility Manager dated
September 11, 2020.
F. Plan sheets numbered G001 to C302.
G. Performance Bond.
H. Payment Bond.
I. Responsible Contractor Verification of Compliance
J. Contractor’s Bid dated October 5, 2020.
The Contract Documents are to be read and interpreted as a whole. The intent of the Contract Documents is to
include all items necessary for the proper execution and completion of the Work and to require Contractor to provide
the highest quality and greatest quantity consistent with the Contract Documents. If there are inconsistencies within
or among part of the Contract Documents or between the Contract Documents and applicable standards, codes or
ordinances, the Contractor shall provide the better quality or greater quantity of Work or comply with the more
stringent requirements.
1.1 Before ordering any materials or doing any Work, the Contractor shall verify measurements at the
Project site and shall be responsible for the correctness of such measurements. No extra charges or
compensation will be allowed on account of differences between actual dimensions and the
dimensions indicated on the Drawings. Any difference that may be found shall be submitted to the
City for resolution before proceeding with the Work.
1.2 If a minor change in the Work is necessary due to actual field conditions, the Contractor shall
submit detailed drawings of such departure to the City for approval before making the change.
The City shall not be required to make any adjustment to either the Contract Sum or Contract Time because of any
failure by the Contractor to comply with the requirements of this paragraph. Actual or alleged conflicts or
inconsistencies between the Plans and Specifications or other Contract Documents shall be brought to the City’s
attention in writing, prior to performing the affected Work. The City’s directions shall be followed by the
Contractor.
February 2017 B-2 IB
2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the goods, services,
and perform the work in accordance with the Contract Documents.
3. OBLIGATIONS OF THE CITY. The City agrees to pay and the Contractor agrees to receive
and accept payment in accordance with the Contractor’s bid $88,358.00.
A. Schedule A: Building Demo $81,858.00
B. Schedule B: Site Security Fencing Not accepted.
C. Schedule C: Erosion Control Installation and Maintenance $6,500.00
4. PAYMENT PROCEDURES.
A. Contractor shall submit Applications for Payment. Applications for Payment will be processed by
City as provided in the General Conditions.
B. Progress Payments; Retainage. City shall make 95% progress payments on account of the Contract
Price on the basis of Contractor’s Applications for Payment during performance of the Work.
C. Payments to Subcontractor.
(1) Prompt Payment to Subcontractors. Pursuant to Minn. Stat. § 471.25, Subd. 4a, the
Contractor must pay any subcontractor within ten (10) days of the Contractor’s receipt of
payment from the City for undisputed services provided by the subcontractor. The
Contractor must pay interest of 1½ percent per month or any part of a month to the
subcontractor on any undisputed amount not paid on time to the subcontractor. The
minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is
$10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual
penalty due to the subcontractor.
(2) Form IC-134 required from general contractor. Minn. Stat. § 290.92 requires that the
City of Edina obtain a Withholding Affidavit for Contractors, Form IC-134, before
making final payments to Contractors. This form needs to be submitted by the Contractor
to the Minnesota Department of Revenue for approval.
The form is used to receive certification from the state that the vendor has complied with
the requirement to withhold and remit state withholding taxes for employee salaries paid.
D. Final Payment. Upon final completion of the Work, City shall pay the remainder of the Contract
Price as recommended by City.
5. COMPLETION DATE.
The Work must be completed and ready for final payment by December 31, 2020.
6. CONTRACTOR’S REPRESENTATIONS.
A. Contractor has examined and carefully studied the Contract Documents and other related data
identified in the Contract Documents.
B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local,
and Site conditions that may affect cost, progress, and performance of the Work.
C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations
that may affect cost, progress, and performance of the Work.
D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions
at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface
or subsurface structures at or contiguous to the Site (except Underground Facilities) which have
February 2017 B-3 IB
been identified in the General Conditions; and (2) reports and drawings of a Hazardous
Environmental Condition, if any, at the Site.
February 2017 B-4 IB
E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all
additional or supplementary examinations, investigations, explorations, tests, studies, and data
concerning conditions (surface, subsurface, and underground facilities) at or contiguous to the Site
which may affect cost, progress, or performance of the Work or which relate to any aspect of the
means, methods, techniques, sequences, and procedures of construction to be employed by
Contractor, including any specific means, methods, techniques, sequences, and procedures of
construction expressly required by the Bidding Documents, and safety precautions and programs
incident thereto.
F. Contractor does not consider that any further examinations, investigations, explorations, tests,
studies, or data are necessary for the performance of the Work at the Contract Price, within the
Contract Times, and in accordance with the other terms and conditions of the Contract Documents.
G. Contractor is aware of the general nature of work to be performed by City and others at the Site
that relates to the Work as indicated in the Contract Documents.
H. Contractor has correlated the information known to Contractor, information and observations
obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all
additional examinations, investigations, explorations, tests, studies, and data with the Contract
Documents.
I. Contractor has given City written notice of all conflicts, errors, ambiguities, or discrepancies that
Contractor has discovered in the Contract Documents, and the written resolution thereof by City is
acceptable to Contractor.
J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms
and conditions for performance and furnishing of the Work.
K. Subcontracts:
(1) Unless otherwise specified in the Contract Documents, the Contractor shall, upon receipt
of the executed Contract Documents, submit in writing to the City the names of the
subcontractors proposed for the work. Subcontractors may not be changed except at the
request or with the consent of the City.
(2) The Contractor is responsible to the City for the acts and omissions of the Contractor's
subcontractors, and of their direct and indirect employees, to the same extent as the
Contractor is responsible for the acts and omissions of the Contractor's employees.
(3) The Contract Documents shall not be construed as creating any contractual relation
between the City and any subcontractor.
(4) The Contractor shall bind every subcontractor by the terms of the Contract Documents.
7. WARRANTY. The Contractor guarantees that all new equipment warranties as specified within
the bid shall be in full force and transferred to the City upon payment by the City. The Contractor shall be held
responsible for any and all defects in workmanship, materials, and equipment which may develop in any part of the
contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any
such faulty part or parts and damage done by reason of the same in accordance with the bid specifications.
8. INDEMNITY. The Contractor agrees to indemnify and hold the City harmless from any claim
made by third parties as a result of the services performed by it. In addition, the Contractor shall reimburse the City
for any cost of reasonable attorney’s fees it may incur as a result of any such claims.
9. MISCELLANEOUS.
A. Terms used in this Agreement have the meanings stated in the General Conditions.
February 2017 B-5 IB
B. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to
the other party hereto, its partners, successors, assigns and legal representatives in respect to all
covenants, agreements, and obligations contained in the Contract Documents.
C. Any provision or part of the Contract Documents held to be void or unenforceable under any Law
or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and
binding upon City and Contractor, who agree that the Contract Documents shall be reformed to
replace such stricken provision or part thereof with a valid and enforceable provision that comes as
close as possible to expressing the intention of the stricken provisions.
D. Data Practices/Records.
(1) All data created, collected, received, maintained or disseminated for any purpose in the
course of this Contract is governed by the Minnesota Government Data Practices Act,
Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to
implement the act, as well as federal regulations on data privacy.
(2) All books, records, documents and accounting procedures and practices to the Contractor
and its subcontractors, if any, relative to this Contract are subject to examination by the
City.
E. Copyright/Patent. Contractor shall defend actions or claims charging infringement of any
copyright or patent by reason of the use or adoption of any designs, drawings or specifications
supplied by it, and it shall hold harmless the City from loss or damage resulting there from. If the
equipment provided by the Contractor pursuant to this Agreement contains software, including that
which the manufacturer may have embedded into the hardware as an integral part of the
equipment, the Contractor shall pay all software licensing fees. The Contractor shall also pay for
all software updating fees for a period of one year following cutover. The Contractor shall have no
obligation to pay for such fees thereafter. Nothing in the software license or licensing agreement
shall obligate the City to pay any additional fees as a condition for continuing to use the software.
F. Assignment. Neither party may assign, sublet, or transfer any interest or obligation in this
Agreement without the prior written consent of the other party, and then only upon such terms and
conditions as both parties may agree to and set forth in writing.
G. Waiver. In the particular event that either party shall at any time or times waive any breach of this
Agreement by the other, such waiver shall not constitute a waiver of any other or any succeeding
breach of this Agreement by either party, whether of the same or any other covenant, condition or
obligation.
H. Governing Law/Venue. The laws of the State of Minnesota govern the interpretation of this
Agreement. In the event of litigation, the exclusive venue shall be in the District Court of the State
of Minnesota for Hennepin County.
I. Severability. If any provision, term or condition of this Agreement is found to be or becomes
unenforceable or invalid, it shall not affect the remaining provisions, terms and conditions of this
Agreement, unless such invalid or unenforceable provision, term or condition renders this
Agreement impossible to perform. Such remaining terms and conditions of the Agreement shall
continue in full force and effect and shall continue to operate as the parties’ entire agreement.
J. Entire Agreement. This Agreement represents the entire agreement of the parties and is a final,
complete and all inclusive statement of the terms thereof, and supersedes and terminates any prior
agreement(s), understandings or written or verbal representations made between the parties with
respect thereto.
K. Permits and Licenses; Rights-of-Way and Easements. The Contractor shall procure all permits and
licenses, pay all charges and fees therefore, and give all notices necessary and incidental to the
February 2017 E-1 IB
construction and completion of the Project. The City will obtain all necessary rights-of-way and
easements. The Contractor shall not be entitled to any additional compensation for any
construction delay resulting from the City’s not timely obtaining rights-of-way or easements.
L. If the work is delayed or the sequencing of work is altered because of the action or inaction of the
City, the Contractor shall be allowed a time extension to complete the work but shall not be
entitled to any other compensation.
M. Responsible Contractor. This contract may be terminated by the City at any time upon discovery
by the City that the prime contractor or subcontractor has submitted a false statement under oath
verifying compliance with any of the minimum criteria set forth in Minn Stat. § 16C.285, subd. 3.
CITY OF EDINA CONTRACTOR
BY: BY:
Its Mayor Its
AND AND
Its City Manager Its