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Home My WebLink About19-EDA-327EDA RESOLUTION 19 -EDA -327 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ACCEPTING QUOTE FOR ASBESTOS ABATEMENT AND SITE CLEARING/GRADING WHEREAS, the Mounds View Economic Development Authority ("EDA") owns the former Skyline Motel property, located at 4889 Old Highway 8, and intends to facilitate a controlled burn of the structures located thereon; and WHEREAS, the EDA has obtained multiple quotes for necessary pre -burn asbestos abatement and post -burn site clearing and grading services (the "Services"); and WHEREAS, EnviroBate, Inc. (the "Contractor") submitted to the EDA a quote in the amount of $149,400 to complete all of the Services; and WHEREAS, the EDA finds and determines that entering into an agreement with the Contractor to complete the Services for the aforementioned price, in substantially the form presented to the EDA on this date, is in the public interest. NOW, THEREFORE, BE IT RESOLVED by the Mounds View Economic Development Authority ("EDA") of the City of Mounds View, Minnesota as follows: 1. That the above -referenced recitals are incorporated into this Resolution. 2. The EDA accepts the quote from EnviroBate, Inc. to complete the Services pursuant to a written agreement in the form presented to the EDA on this date and, if modified, as reviewed and approved by the EDA attorney. 3. That the agreement contained in Exhibit A of this Resolution is hereby approved and the EDA president and executive director are hereby authorized to execute the agreement, the final form of which shall be approved by the EDA attorney. 4. Once executed, EDA staff and consultants are directed to perform the EDA's obligations under said agreement. 1 AT, EST: (seal) 589814vlW205-49 Adopted this 8th day of July, 2019. Z&w dl_ Ltz� Carol A. Mueller. resident Nyl ikmuyA, Exec tive Director AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (this "Agreement") is made this l8 day of July, 2019 by and between the Mounds View Economic Development Authority, a public body corporate and politic under the laws of Mhmesota (the "EDA"), and EnviroBate, Inc., a Minnesota business corporation (the "Contractor"). L SERVICES TO BE PROVIDED. The Contractor will perform building asbestos abatement, including universal waste and MSW disposal ("Phase I Services"), and post -controlled burn site clearing, including, but not limited to, removal of any and all brick, concrete, steel, septic tank, underground storm shelter, and all other materials, and backfill and site grading ("Phase II Services"), of the Skyline Motel property located at 4889 Old Highway 8, Mounds View, Minnesota for the EDA (Phase I and Phase II Services collectively shall be referred to as the "Services"), as specified in its proposal which is incorporated into this Agreement as Exhibit A (the "Proposal"). All services provided by the Contractor under this Agreement shall be provided in a manner consistent with the level of care and skill ordinarily exercised by professional consultants currently providing similar services. The Phase I Services shall be completed on or before August 16, 2019. The Phase II Services shall be completed on or before September 13, 2019. These timelines may be adjusted by mutual written consent of the parties. II. COST OF SERVICES. The consideration which the EDA shall pay to the Contractor in exchange for the Services shall not exceed $149,400.00. The EDA shall make progress payments, based on monthly invoices from the Contractor, and said progress payments shall be made within 30 days after the EDA's receipt of each respective statement. The statements shall contain a detailed list of project labor and the work undertaken by the Contractor during the invoiced billing period. The Contractor shall secure the EDA's written approval before making any expenditures, purchases, or commitments on the EDA's behalf beyond those that fall within the scope of Services contained herein. M. TERMINATION OF AGREEMENT. The EDA may terminate this Agreement at any tune for any reason or no reason at all. Tine parties, by mutual agreement, may terminate this Agreement at any time. In the event of termination, the Contractor shall only be paid for work actually completed prior to the date of termination. IV. INDEPENDENT CONTRACTOR. All services provided pursuant to this Agreement shall be provided by the Contractor as an independent contractor and not as an employee of the EDA for any purpose. Any and all officers, employees, subcontractors, and agents of the Contractor, or any other person engaged by the Contractor in the performance of work or services pursuant to this Agreement, shall not be considered employees of the EDA. Any and all actions which arise as a consequence of any act or omission on the part of the Contractor, its officers, employees, subcontractors, or agents, or other persons engaged by the Contractor in the performance of work or services pursuant to this Agreement, shall not be the obligation or responsibility of the EDA. The Contractor, its officers, employees, subcontractors, or agents shall not be entitled to any of the rights, privileges, or benefits of the EDA's employees, except 590I43v11%U205-49 as otherwise stated herein V. INDEMNIFICATION. The Contractor, and any and all officers, employees, subcontractors, and agents of the Contractor, or any other person engaged by the Contractor in the performance of work or services pursuant to this Agreement, shall indemnify, defend, and hold harmless the EDA and its officials, employees, contractors and agents fiom any loss, clahn, liability, and expense (including reasonable attorneys' fees and expenses of litigation) arising from, or based in the whole, or in any part, on any negligent act or omission by the Contractor, its officers, employees, subcontractors, and agents, or any other person engaged by the Contractor in the performance of work or services pursuant to this Agreement. In no event shall the EDA be liable to the Contractor for consequential, incidental, indirect, special, or punitive damages. VI. INSURANCE. The Contractor shall maintain reasonable insurance coverage throughout this Agreement. The Contractor agrees that before any of the Services can be performed, the Contractor shall procure at a minimum: Worker's Compensation Insurance as required by state law; and Commercial General Liability in an amount of not less than $1,500,000.00 per occurrence for bodily injury or death arising out of each occurrence, and $1,500,000.00 per occurrence for property damage. To meet the Commercial General Liability requirements, the Contractor may use a combination of Excess and Umbrella coverage. The Contractor shall provide the EDA with a current certificate of insurance including the following language: "The Mounds View Economic Development Authority is named as an additional insured with respect to the commercial general liability and umbrella or excess liability, as required by the contract. The umbrella or excess liability policy follows form on all underlying coverages." Such certificate of liability insurance shall also contain a statement that such policies of insurance shall not be canceled or amended unless thirty (30) days' written notice is provided to the EDA, or ten (10) days' written notice in the case of non- payment. VII. CONFLICT OF INTEREST. The Contractor shall use best efforts to meet all professional obligations to avoid conflicts of interest and appearances of impropriety. VIII. MISCELLANEOUS PROVISIONS. A. Entire Agreement. This Agreement shall constitute the entire agreement between the EDA and the Contractor, and supersedes any other written or oral agreements between the EDA and the Contractor. This Agreement can only be modified in writing signed by the EDA and the Contractor. B. Data Practices Act Compliance. Data provided, produced or obtained under this Agreement shall be administered in accordance with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. The Contractor will immediately report to the EDA any requests from third parties for information relating to this 590143v1MU205-49 Agreement. The Contractor agrees to promptly respond to inquiries from the EDA concerning data requests. C. Records/Inspection. Pursuant to Minnesota Statutes § 16C.05, Subd. 5, the Contractor agrees that the books, records, documents, and accounting procedures and practices of the Contractor, that are relevant to this Agreement, are subject to examination by the EDA and the state auditor or legislative auditor for a minimum of six years. The Contractor shall maintain such records for a minimum of six years after final payment from the EDA under this Agreement. The parties agree that this obligation will survive the completion or termination of this Agreement. D. Choice of Law and Venue. This Agreement shall be governed by and construed hr accordance with the laws of Minnesota. Any disputes, controversies, or claims arising under this Agreement shall be heard in the state or federal courts of Minnesota and the parties waive any objections to jurisdiction. E. No Assignment. This Agreement may not be assigned by either party. F. No Discrimination. The Contractor agrees not to discrhninate in providing products and services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any this section may lead to immediate termination of this Agreement. G. Agreement Not Exclusive. The EDA retains the right to hie other additional contactors in the EDA's sole discretion. H. Compliance with Laws. The Contractor shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the date the Contractor agrees to provide the applicable services detailed in Exhibit A. 590143vlhIU205-49 IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Professional Services Agreement in duplicate on the respective dates indicated below. MOUNDS VIEW EDA: By. ��- Carol A. Mueller Its: President By:i Nyle 11Cm1] d Its: Ex utive/Director CONTRACTOR: C By: Its:nt5 f 4 590143v1MU205-49 EXHIBIT A QUOTE [to be attached] A-1 590143v1MU205-49 ,T lr 'Z 3 J? T � n PROPOSAL SUBMITTED TO: - Brian Beeman, MPA, CMC Assistant City Administrator 2401 Mounds View Boulevard PHONE: 763.717.4029 Email: briar.beema @moundsviewmn.org DATE: July 8, 2019 Mounds View I MN 155112 JOB ADDRESS: Skyline Motel 4889 Old Hwy 8, Mounds View, MN 55112 - JOB DESCRIPTION: Asbestos Abatement We hereby submit specifications and estimates for: EnviroBate- proposes to furnish all labor, materials, equipment, supplies, disposal and insurance necessary for the following; Phase I Complete Asbestos Abatement, including universal waste and MSW disposal: $95,400.00 Phase II Cleanup after controlled burn: $54,000:00 Total: $149,400 EnviroBate- proposes to complete this scope in accordance with all EPA, OSHA, state and local regulations governing asbestos control and removal. Terms: Payment due within 30 days of invoice date (NET 30) Authorized Signature Rob King — Project Manager Owner Endorsement: Acceptance of Proposal —The above prices, specifications and conditions are hereby accepted pending approval of contract. You are authorized to do the work as specified and will receive payment accordingly. Other terms of this contract have been negotiated and either have already been or will be memorialized in a separate agreement. Authorized Signature Date: Note: This proposal may be withdrawn by us if not accepted within 30 days. MINNEAPOLIS -HEADQUARTERS 3301 East 26th Street, Minneapalis, MN 55406 1.800.926.1776 Phone; (612)729.1080 1 Fax: (612)729.1021 wwsv.emilrobate.com An Equal Opportunity Employer ROCHESTER OFFICE . 131211n 7th Street NW, 9205, Rochester, MN 55901 Phone: (507) 780-1900 I Fax: (SO7) 780.1901