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HomeMy WebLinkAbout2016-02-01 Letter to Hellermans & Copy of Signed Razing Agreement and RFB for DemolitionCity of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007.Oak Park Heights, MN 55082 • Phone (651) 439-4439 • Fax (651) 439-0574 February 1, 2016 Ms. Lynne and Mr. Wayne Hellerman 15105 63rd Street North, Oak Park Heights, MN 55082 Ms. Lynne Hellerman 1508 Hallewood Blvd. New Richmond, WI 54017 RE: Agreement for Razing Structures at 15105 63,d Street. As I had indicated in my previous letter dated January 28th, 2016 attached herewith is a fully executed copy of the Agreement for the 15105 63nd Street Property. For your records, the City did solicit for bids for such work and I have enclosed a copy of that bid package so you know what to anticipate. The best base bid received is $14,000; however please note that there may be other unknown items discovered at the site (such as a well and/or septic) that may increase these costs but we hope there are none. The City will provide to you a final figure once all work is complete. Please ensure any contract dumpsters you may have at the site are removed from the property by Feb 15th and not later. The costs for removal of any supplemental items will be charged back to you so anything you can remove from the property will help keep your costs lower. As discussed, please remove any and all items you may desire to retain from the property including any vehicles, trailers, or any other items by the end of the day 6:00 pm - on Feb 15th, 2016. From that date and point do not enter upon the site without prior written permission from the City. Please let know if you have any questions Brian DeRosier, Chief of Police Mark Vieding, City Attorney Julie Hultman, Building Official. Weekly Notes CONSENT AND AGREEMENNT TO RAZE HAZARDOUS BUILDING AND ASSESS COSTS AT 15105 63'm STREET NORTH, OAK PARK HEIGHTS, MN, .-e THIS AGREEMENT made and entered into this a day of 'J C4 A V 2016, by and between the CITY OF OAK PARK HEIGHTS, (hereinafter referred to as "City") and WAYNE AND LYNNE HELLERMAN, husband and wife (hereafter collectively referred to as "Owner" or "Owners"). WHEREAS, pursuant to Minn. Stat. §§ 463.15 to 463.261, the City Council of Oak Park Heights finds Wayne and Lynne Hellerman ("Owner") are the owners of the property and building located at 15105 63rd Street North, Oak Park Heights, MN, legally described as: LOTS 3 & 4, BLOCK 15, MC KENTY'S ADDITION TO STILLWATER, COUNTY OF WASHINGTON, STATE OF MINNESOTA, (hereinafter referred to as the "Property"); and WHEREAS, the house located on the Property was subject to a significant house fire on or about October 14, 2015. The house sustained substantial damage during the fire and has been rendered uninhabitable, including that the western portion of the house and porch on the northern side of the house inclusive of structural members are heavily damaged by fire, and the eastern portion of the house sustained significant water and smoke damage; and WHEREAS, the City sent notice via hand delivery to the Owners on October 15, 2015 that all damaged portions of the property needed to be promptly demolished; and WHEREAS, the City sent a second notice via hand delivery to the Owner on November 20, 2015, demanding completion of clean up and demolition of the house by December 4, 2015; WHEREAS, as of December 8, 2015, the demolition of the house remained incomplete; and WHEREAS, on December 8, 2015, pursuant to Minn. Stat. §§ 463.15 to 463.261, the City Council of Oak Park Heights passed Resolution 2015-12-51 and corresponding Order declaring the house on the Property to be a hazardous building and directing that it be demolished by Owner; and WHEREAS, Resolution 2015-12-51 and corresponding Order directed Owner to raze and demolish the structure, fill the foundation, and remove all debris within 20 days, otherwise City would proceed with court action to obtain a judgment allowing the city to accomplish the demolition and assess the cost thereof against the Property; and WHEREAS, Minn. Stat. § 463.151 provides that "The governing body of any municipality may remove or raze any hazardous building or remove or correct any hazardous condition of real estate upon obtaining the consent in writing of all owners of record, occupying tenants, and all lienholders of record; the cost shall be charged against the real estate as provided in section 463.2 1, except the governing body may provide that the cost so assessed may be paid in not to exceed five equal annual installments with interest thereon, at eight percent per annum." 1 of 5 WHEREAS, in light of the amount of labor, time, and expense involved in demolishing the structure, and in order to avoid court action, Owner is willing to consent to the City proceeding with the razing of the house and assessing the cost thereof, pursuant to Minn. Stat. §§ 463.151 and 463.21. NOW THEREFORE, IT IS HEREBY AGREED by and between the parties hereto, as follows, to wit: 1. The foregoing recitals are true and correct, and are incorporated into this Agreement by reference. 2. The Owners hereby consent and agree that the City may immediately proceed to remove and raze the hazardous fire -damaged house structure located on the Property in its entirety, remove or fill the foundation, clean up all debris, and complete any other actions necessary to make the Property compliant with City Code. Said consent granted by Owner shall allow the City to engage independent contractors for the completion of said work. 3. The Owners hereby consent and agree that the City may assess all costs associated with the removal and razing of the structure, removal or filling the foundation, cleaning up all debris, hazardous materials and completing other actions reasonably needed to make the Property ordinance and health code compliant, and any administrative or legal costs associated therewith, as a special assessment against the Property, to be placed on the property tax rolls with Washington County. 4. The City agrees to assess the costs against the Property as provided and permitted by Minn. Stat. § 463.21 and Minn. Stat. § 429.061 to 429.081, to be payable over a period of five (5) years with no (zero) interest. In consideration for the financing of these charges as a special assessment of said charges in the manner provided above over five years with no interest, the Owner hereby expressly waives any right to notice, calculations, objection, public hearings or other procedures or proceedings under Minn. Stat. § 429.031 prior to the assessment of said charges, and expressly waives the right to an assessment hearing under Minn. Stat. § 429.061 regarding the charges to be assessed. 6. The Owner further expressly waives any objection to any irregularity with regard to the said assessments, and waives any claim that the amount thereof levied against the Owner's property is excessive, relinquishing all rights to appeal to the District Court under Minn. Stat. § 429.081. 7. The Owner shall permanently vacate the property not later than January 29tha', 2016 so that the work found in this Consent may commence without interruption. Once the City's contractor mobilizes on the site, the Owner shall not interfere or cause delay in any way to such work or staff. 2 2of5 8. By a date not later than January 29th, 2016, the Owner shall remove from the property any and all personal affects, belongings, vehicles, equipment, materials or and other items from the property except demolition debris. Any and all items left on the site after such date shall be disposed of by the City as the City deems necessary with any such costs assessed back to the Owner. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. [Signatures to follow on next page] 3 of 5 CITY OF OAK PARK HEIGHTS Lo STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON ) a 4h On thisday o , 2016, before me, a Notary Public, in and for said County and State, appeared MARY MCC BER an ERIC JOHNSON, to me personally known, who being by me first duly sworn, did say that they are respectively the MAYOR and CITY ADMINISTRATOR of the City of Oak Park Heights, by authority of the City Council of the City of Oak Park Heights, and said Mayor and Administrator acknowledge said instrument to be the free act and deed of said City of Oak Park Heights. (Notari 'q-11 - - - = JULIE A HULTMAN NOTARY PUBLIC • MINNESOTA My Cn nila on Exgres Jan. 31.20'•; OWNERS By: `'' W D,A Wayne Hellerman, husband STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON Sig4ure of Notary Public L, Mmywiop liom!m On this leday of , 2016, before me, a Notary Public, in and for said County and State, appeared WAYNE HELLERMAX AND LYNNE HELLERMAN, husband and wife, to me personally known, who being by me first duly sworn, did say that he/she acknowledges said instrument to be their free act and deed. (Notarial Seal ) JULIE A. HULTMAN NOTARY PUBLIC • MINNESOTA My Oaipnission Expres Jen 81.2020 4 4of5 qa—tur-e- of Notary Public THIS INSTRUMENT DRAFTED BY: Mark J. Vierling Eckberg, Lammers, Briggs, Wolff & Vierling,P.L.L.P. 1809 Northwestern Ave Stillwater, MN 55082 (651) 439-2878 5 of 5 Request for Bids House/Garage and Foundation Removals —15105 63rd Street Summary & Project Scope: The City of Oak Park Heights (the 'City') is seeking bids to demolish the home and structures and perform site clean-up at 15105 631d Street, (the 'Property') located in the City of Oak Park Heights, Washington County, Minnesota. The City is seeking bids from firms to: Section #1: Abandon City water and sanitary sewer services and other private services and demolish the home and garage and any structures and dispose of all debris at an approved disposal facility as required by law. Also remove and dispose of all personal belongings at the site at an approved disposal facility. Section #2: Demolish and remove all home and garage footings, slabs and foundations and dispose of all debris — including any personal items / non demolition debris - at approved facility as required by law. While mobilized on the site the Contractor must take reasonable steps to protect against persons falling into the remaining hole once the home is removed and prior to backfilling. Section #3: Restore and stabilize the site to a clean, level final grade condition with the surrounding grade, including the placement of quality top soils (not less 20) (when weather permits) and then apply hydro - seeding so turf is established promptly. Section #4 The Contractor is to also familiarize themselves with the attached document and any exhibits Please note there are fire hazard conditions inside the home and a hazardous material survey has not been completed. GENERAL PROVISIONS: (the following General Provisions accompany, supplement and/or clarify the requirements above to be also performed by the Contractor) 1. The Contractor shall include and provide and/or secure the furnishing of all materials, equipment, labor, permits, insurances, etc., to provide a complete and finished project accomplish all elements of the Project Scope. 2. Full Payment will be made once the City provides written final acceptance and full Lien Waivers are provided. No partial or progress payments will be made. Written final acceptance shall be supplied upon City inspection of site and utilities and when written confirmation (including "tipping" or disposal tickets and well closure) that all materials have been properly disposed of has been supplied to the City by the Contractor. 3. Contractor must be a licensed and insured Minnesota Contractor. Verification will be required should your firm be awarded the project. Well closure(s) must be performed by a firm duly licensed by the State of Minnesota to perform such work. 4. The Contractor shall make a site visit prior to submitting a bid. 1 of 7 RFB_ Demolition 15105 63rd Street 5. The Contractor warrants to the City that they are competent and capable to perform this this work and that they know the correct disposal facilities for this type of material anticipated to be found at this site and in its current conditions. The Contractor will be responsible to ensure of proper disposal of all items. 6. Contractor must complete the Project in not less than twenty-eight (28) calendar days from project acceptance by the City. The project acceptance date will be defined by the City providing the contractor a signed and notarized copy of this document and a Final Agreement. Your bid, if accepted, is a binding legal document that you will complete the Project in the specified timeframe and with stated conditions. 7. The City may deduct 5 percent from amounts due for each day project is not complete beyond the 28 -day requirement. 8. The City reserves the right to reject any and all submissions received for this project and for any reason. The City is not responsible for any costs associated with preparing a bid submission to the City or for non -award. 9. Contractor's bids shall be valid for 120 calendar days from date of submission to the City. 10. A final agreement (also incorporating these Conditions) between the City and Contractor shall be required prior to any work commencing. This agreement will include a full indemnification of the City should there be any loss incurred by the Contractor as it relates to this project. The City shall not execute or sign any agreements drafted or provided by the Contractor. The terms and conditions of the RFQ shall prevail. 11. The City is not responsible for the health, safety and welfare for Contractors staff and/or sub- contractors. Follow all best site management practices. The Contractor shall secure, pay for and attain all required permits and inspections if necessary. 12. Any changes to the Scope, Bid or elements of this Project must first be made and agreed upon in writing between the City and the Contractor. 13. Contractor is fully responsible for collateral damages to the worksite including damages cause by Contractor's staff or their sub -contractors. 14. The Contractor shall terminate and coordinate the termination all City utilities to the home/garage "at the curb -stop" as shown in Exhibit A_. The Contractor shall also appropriately terminate all public and private utilities such electric, data and gas, etc. The Contractors shall also perform any necessary site corrections or repairs as a result of these termination(s) to match surrounding area and to an equal or better condition. The contractor must arrange a final inspection of terminated water and sewer utility services by the City of Oak Park Heights. Note that excavation may require curb restoration. Any necessary Traffic Control during work is the responsibility of the Contractor. 15. Demolition projects typically cause mud / debris to be tracked onto roadways to and from the worksite. The contractor is responsible to ensure any and all mud/ debris tracked from the jobsite is swept from City and County roadways. 16. The Contractor shall provide a Bid Security (bank issued cashier's check) of not less than 20 Percent of their submitted bid made payable to the City; but shall not be less than $5,000 - supply whichever amount is greater. Non prevailing bidders will be returned these funds; the prevailing 2 of 7 RFI3Demolition 15105 63rd Street bidder (Contractor) shall see these funds withheld by the City until such time as the Project is fully complete and accepted by the City. 17. Failure to complete the Project in a timely and in the required fashion will result in the City withholding costs from the Contractor including but not limited to the $5,000 bid security and shall be $500/ per day. Do not bid unless you know you can perform the work in a timely fashion. 18. All worts shall have a two-year warranty period from the Contractor to the City; such timelines shall start upon the date of final acceptance by the City. 19. It is the Contractor's responsibility to ensure that all materials and debris and items removed from the property are disposed of properly according to State and Federal law. The Contractor acknowledges that the home recently experienced a significant fire and that all demolition items from the property shall be managed property as no lead, asbestos or other investigations or abatement has or will been performed prior to the demolition project found herein. 20. Should there be a well or septic system discovered on the property the Contractor shall immediately contact the City and parties shall consider options necessary to address such conditions. The City shall not be penalized nor be responsible for any time or costs incurred by the contractor for such delay or discovery. The Contractor shall be required to appropriately seal and/or close any discovered well or septic systems found at the site during their operations. The City shall additionally pay to the Contractor reasonable costs for work found in this paragraph. 21. Miscellaneous personal items found at the site shall be collected and diverted from the demolition waste stream and disposed of separately by the Contractor. The Contractor may charge a supplemental disposal fee for each ton of such miscellaneous personal items as may be billed by an appropriate disposal facility. Demolition debris disposal costs are covered in the base bid. 22. Should items be discovered (not including lead or asbestos related items) that require further abatement prior to the continuation of the demolition so as to prevent items from being delivered to the designated landfill or disposal location, the City and the Contractor agree to suspend any demolition timelines until such time as the City has a reasonable opportunity to address and correct the needed abatements. The City shall not be financially penalized by the Contractor if additional abatement is required. 23. Site pictures — See Exhibit _B_. 24. See Additional Notice to Bidders - Below 3 of 7 RFB_ Demolition 15105 63rd Street ADDITIONAL NOTICE TO BIDDERS • The City is not responsible for costs incurred by anyone responding to this Request for Bids. • Upon submission, all bids become the property of the City. • The City expressly reserves the right to amend or withdraw this Request for Bids at any time and to reject any or all bids for any reason. . The City is not bound to accept the lowest cost bid, and will only work with qualified contractors, subject to objective verification. to Bidders are held legally responsible for their bids and related budgets and fees. • Bidders are not to collude with other Bidders and competitors or take any other action which will restrict competition. Evidence of such activity will result in rejection of the bid. . The City reserves the right to request any additional information at any stage of the Request for Bids process. Compliance shall be at Bidder's expense. • The City will make payment for any contracted work at the completion and final acceptance of the project. • No building permits are needed. But all bidders must be a licensed Minnesota Contractor. Verification will be required should your firm be awarded the project. • Your bid is a binding legal document that you will complete the project in the specified timeframe and with stated conditions. • The City reserves the right to reject any and all submissions received for this project and for any reason. The City is not responsible for any costs or liabilities associated with preparing a bid submission to the City or for non -award. 4 of 7 RFB_ Demolition 15105 63rd Street P". CITY OF OAK PARK HEIGHTS BID FORM DEMOLITION / SITE RESTORATION OF HOUSE -15105 63rdStreet SUMMARY.• As a result of a home fire and inaction on the part of the property owner to abate the conditions remaining, The City of Oak Park Heights (the'City) is seeking firms to demolish the home & garage and dispose of all personal property and restore the Site to a clean -level condition. Your bid amount accomplishes this task but must be wholly consistent with the formal Project Summary and Scope, General Provision and any supplemental notices outlined by the City in the RFB. YOUR AMOUNT - BID: Name of Proposer: Name of Firm / Company (if applicable) Signature: Date: State location(s) where structure / construction /fire debris (Including concrete, wood, drywall, shingles, etc.) will be disposed of. Attach additional pages if Necessary: Notary Signature for Name of Proposer Signature Above: Notary Affix Stamp Here 4 Directions T. Rerun this comulel Physical address: T 2. S=lv a Cashier's $ .00 3. Direct all questions to the CftvAdminisuator- Edc Johnson - 651-439-4439 5 of 7 RFB_ Demolition 15105 63rd Street Exhibit A DEMOLITION / SITE RESTORATION OF MOUSE AT 13105 631d Street 6 of 7 RFB_ DemolMon 15105 63rd Street 1. .rte '� : �`0000 - wz 4 1 �. -. ♦-at- 1� .erg, �.' -do,'` _