HomeMy WebLinkAbout2016-01-26 CC Meeting Packet Enclosure Oak Park Heights
Request for Council Action
Meeting Date January 26th,2016
Time Required: 5 Minutes
Agenda Item Title: Ordering the Razing of a : 'us Building— 15105 63m Street.N.
Agenda Placement Old Business /
Originating Department/Requestor . ., .n,City Administrator
Requester's Signature
Action Requested See Below— f
r
Background/Justification(Please ' ,:nate if any previous action has been taken or if other public
bodies have advised):
Over the past several months the City has ,i i,, ,ted to engage the Owners of 15105 63rd Street to address site dean-up end
razing issues.The City has Initiated various legal proceedings to ensure compliance as general responses and actions torn the
property owners has been limited. In a parallel course,the City did offer an alternative option for the site Issue where the City
would perform the necessary clean-up and demolition and assess the costs over a 5 year period at 0%interest The Owners did
not respond promptly to this option,but are now wilting to accept that offer.
The City essentially has two options at this time:
Option#1: Continue through the court process whereby the City will perform the demolition under the District Courts
order.
Option#2: Approve the enclosed Agreement with the Owners where by the City has their direct permission to perform
the work diect and assess the costs—at 0%over 5 years.This would suspend the current legal proceedings
While the City dearly has the opportunity to properly pursue the action under Item 1,it en will take some additional time to
process.The 2W Opiin will instantly slow the City to mobilize on the site and get the matter resolved. If Option#2 Is amenable,
the City will look to feeatize an agreement with a contractor to perform all necessary work under those conditions found in the
attached RFS.
Staff would ask that the City Council:
1. Consider an option—1 or 2.
2. Under either Option,authorize the City Administrator to secure a contractor to perform the required site work and
engage in a contract subject to any revisions necessn by the City Attorney—Matt Enclosed.
3. If Option 2 is selected,authorize the approve!of the enclosed document CONSENT AND AGREEMENNT TO RAZE
HAZARDOUS BUILDING AND ASSESS COSTS AT 15105 63RD STREET NORTH,subject to any revisions as
required by the City Attorney.
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AGREEMENT DATE-JANUARY ,2016
AGREEMENT TO PROVIDE DEMOLITION,WELL REMOVAL AND SIT!RESTORATION-15105 63"sheet N
House/Garage and Foundation and Debris Removals
THIS DOCUMENT SERVES AS A FINAL AGREEMENT BETWEEN THE CITY OF OAK PARK IjEIGHTS(THE CI YI AND BELL'S
TRUCKING.INC.IT}IE CONTRACIORI.
• The Contractor shal provide all services(including all related equipment and supplies)as delineated
in the Request for Bids(RFB)issued on and at a price as replied/returned to the City in
the Bid Form submission page in an amount not to exceed:$ inducing dl specified items,
work,site restoration, taxes, fees, permits, etc.for a complete finished job. Contractor's su ed
signed Bid and the Issued Request for Bids is attached and incorporated into this Agreement.
• This Agreement once fully executed by boot the oh and Conlrador toaejljer wlh a court 414itt0S)
grading the city the AAM to proceed shall serve as a notice of acceptance by the City of the
Contractor's Bid and also acts as a "notice to proceed"by the City far the submitted price quote
subject to the terms of the RFB.Any imitations within the Court Order shall act as an amendment to
this agreement.Timeines commence immediately upon authorization by the Court.
• Failure to complete al work by dates outlined wig in the RFB entitle the City to withhold penalties as
outlined.The City shall provide timely access to the property.
• Except for Intentional or willful acts by the City,the Contractor does hereby release the City from any
loss a liability incurred by the Contractor related to the deposition of the work at the site or on this
project.The Contractor shall implement best management practices to complete this project and will
utiles appropriate caution to complete the work in a safe and efficient manner.
• Provide at least a $1,000,000 General Commercial liability Insurance policy/coverage naming the
City as additionally insured and shall be affixed to this Agreement as "Exhibit B". Contractor shall
maintain all Worker's Compensation policies in proper standing.
• In addition to the terms and conditions of the RFP.The Contractor shah blow all federal state,county
or other laws that may be in effect related to the performance of this project.Failure to comply with
all applicable codes may result in the City withholding any payments until a final approval is granted
by regulatory body.
• The City shall waive any City Demolition Permit lees for the Contractor to complete this Project,
however the Contractor shag apply for and secure the required permit from the City offices.City shall
provide police/security as may be needed to allow contractor unrestricted access to the worksite
without dirge.
• A single payment shall be made to the Contractor at the completion and find acceptance of the
Project by the City which may not be unreasonably withheld or conditioned.
For Contractor
Signed date
Print Name:
Notary Signature For Contractor.
Affix Stamp Here->
ForC
Signed date
Print Name:
Notary Signature For Contractor. =m . _
Affix Stamp Here->
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i
Request for Bids
House/Garage and Foundation Removals—15105 63b Street
Summary&Project Scope:
The City of Oak Park Heights(the'City')is seeking bids to demolish the home and structures and perform
site dean-up at 15105 63'' 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
garage and any stares and dispose of all debris at an approved disposal facility as required '
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 at
approved facility as regiired by law.While mobilized on the sie the Contractor must take reasonable
steps to protect against persons falling into the rerunning hole once the home is removed and prior to
bacMilfing.
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 211)(when weather permits)and then apply hydro-
seeding so turf is established promptly.
Section#4
The Contractor is to also farniimize 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 scampish all elements
of the Project Scope.
2. Full Payment oil be made once the City provides written final acceptance and fill Limn Waivers are
provided. No partial or progress payments will be made.Written final acceptance shall be suppled
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 dosure(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.
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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 aH items.
6. Contractor must complete the Project in not less than twenty-one(21)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 Fns 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
21 -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.
4110
10. A final agreement(also incorporating these Conditions)between the City and Contractor
required prior to any work commencing. This agreement will include a full indemnification of Ell,
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-
contactors. Follow all best site management practices. The Contractor shall secure, pay for and
attain all required permits and'inspection 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 induding 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 . 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 terminations)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. Traffic Control during work.is the responslility 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
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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 tamely 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 work shal 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 Contracts 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 them be a well or septic system discovered on the property the Contractor
immediately contact the City and parties shall consider options necessary to address s ;
conditions.The City shall not be penalized nor be responsible for any time or costs incurred by the
contractor far 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. Miscelaneous personal nems found at the site shall be collected and diverted from the demolition
waste glean 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.
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
24. See Additional Notice to Bidders-Below
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ADDITIONAL NOTICE TO BIDDERS
• The City is not responsible for oasts 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 aooept the lowest cost bid, and will only work with quailed contractors, subject to objective
verification.
• 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 melte payment for any contracted work at the completion and final acceptance of the project. '_ ,
• No building pemats are needed.But air bidders must be a icensed Minnesota Contractor.Verification will r" s * Id
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 .. , <`
Ei---
• The City reserves the right to reject any and all submissions received fru this project and fa 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.
I
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I
I
•
CITY OF OAK PARK HEIGHTS
BID FORM
DEMOUTION I SITE RESTORATION OF HOUSE•15105 63rd Street.
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 Pat Heights(the'City')is seeking firms to demolish the home&garage and
dispose of all personal property and restore the Site to a dean-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.
r ,
YOUR AMOUNT-BID: $ .00
Name of Proposer:
Name of Firm/Company(if applicable)
Signature:
Date:
State locations)where structure/construction/fie debris
(Including concrete,wood,drywall,shingles,etc.)
will be deposed of.Attach additional pages if
Necessary:
Notary Signature for Name of Proposer Signature Above:
Notary Affix Stamp Here-
Dirox
1, NW this oaraaletedafdForm inoriginal humersnalr dtotheOW—A77N&kJohnson-notlatsrthan10/23115.cil
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Page 93 of 122
Exhibit
DEMOLITION/SITE RESTORATION OF HOUSE AT 15105 63rd Street
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Page 94 of 122
Exhibit
Site pictures 15105 63rd street
Page 95 of 122
CONSENT AM)AGREEMENNT TO RAZE HAZARDOUS BUILDING AND ASSESS
COSTS AT 15105 63RD STREET NORTH,OAK PARK HEIGHTS,MN,
THIS AGREEMENT made and entered into this day of 2015,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 Hellenman("Owner")are the owners of the property and
building located at 15105 63`1 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 firittiand the eastern
portion of the house sustained significant water and smoke damage;and 440
WHEREAS,the City sent notice via hand delivery to the Owners on October 15,4
t 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
463.21,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
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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 << the
Property ordinance and health code compliant,and any administrative or legal
associated therewith,as a special assessment against the Property,to be placed o•
o
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.
5. 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 8th,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
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8. By a date not later than January 8th,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 items left on the'site shall be disposed of
by the City as the City deems necessary with any such costs asses*back to the Owner.
IN WITNESS WHEREOF,the parties have hereunto set their hands and seals th4.day and year
first above written.
[Signatures to follow on next page]
3
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CITY OF OAK PARK HEIGHTS
BY: By:
Mary McComber,City Mayor Eric Johnson,City Administrator
STATE OF MINNESOTA )
)ss-
COUNTY OF WASHINGTON )
On this day of .2015,before me,a Notary Public,in and for said County and State,
appeared MARY MCCOMBER and 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.
(Notarial Seal)
Signature of Notary Public
OWNERS
By: By:
Wayne Hellerman,husband Lynne Hellennan,wife
STATE OF MINNESOTA )
)ss.
COUNTY OF WASHINGTON )
On this day of ,2015,before me,a Notary Public,in and for said County and State,
appeared WAYNE HE LERMAN AND LYNNE HELLERMAN,ERMAN, husband and wife, to me personally
known,who being by me first duly sworn,did say that he/she acknowledges said instnunent to be their free
act and deed.
(Notarial Seal )
Signature of Notary Public
4
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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
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