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HomeMy WebLinkAboutAugust 5, 2002 Spec. MtgCITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E.. Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: wwmci, cohtmbia-heights, mn.us HRA Commissioners: Marlaine Szurek Dennis EckLund Jr. Julienne Wyckoff Bobby Williams Gary L. Peterson Bruce Nawrocki HOUSING & REDEVELOPMENT AUTHORITY August 5, 2002 The following is the Agenda for the regular meeting of the Columbia Heights Housing & Redevelopment Authority (HRA) to be held at 6:30 PM on Monday, August 5, 2002, in the City Hall Conference Room 1,590 40th Avenue N.E., Columbia Heights, Minnesota. The HRA does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all HRA services, programs, and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the HRA Secretary at 706-3670 to make arrangements (TDD/706-3676 for deaf or hearing impaired only). CALL TO ORDER/ROLL CALL PLEDGE OF ALLEGIANCE CONSENT AGENDA A. Approval of Minutes. 1. The Meeting of July 16, 2002. MOTION: Move to approve the minutes of July 16, 2002, regular meeting as presented in writing. ITEMS FOR CONSIDERATION 1. Approve Proposal for Engineering Services for Parkview Villa Roof Project- Mark Nagel MOTION: Move to Approve the Bid from TKDA for Building Specifications for replacement of the Parkview Villa North roof and the repair of the roof area connecting the North and South buildings. Cheryl Bakken, Acting Secretary H: \HR.A A~enda2002\8-5-2002 THE CITY OF' COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY g'MPLOYER HOUSING & REDEVELOPMENT AUTHORITY REGULAR MEETING MINUTES OF JULY 16, 2002 CALL TO ORDER - The Regular Meeting of the Columbia Heights Housing & Redevelopment Authority (HRA) was called to order by Chair, Marlaine Szurek at 6:36 p.m., July 16, 2002, in the Parkview Villa Community Room B, 965 40th Avenue NE, Columbia Heights, Minnesota. ROLL CALL Commission Members Present: Marlaine Szurek, Julienne Wyckoff, Bruce Nawrocki and Dennis Ecklund Jr. Commission Members Absent: Staff Present: Gary Peterson and Bobby Williams Walt Fehst, Executive Director Robert Streetar, Deputy Executive Director Randy Schumacher, Comm. Dev. Assistant Anita Kottsick, Parkview Villa Housing Administrator Shirley Barnes, CEO, Crest View Corporation Cheryl Bakken, Secretary CONSENT AGENDA Approval of Minutes Approve the Minutes of Regular Meeting of April 16, 2002. MOTION by Nawrocki, second by Wyckoff, to approve the minutes from April 16, 2002, regular meeting as presented in writing. All ayes. Motion Carried. REPORT OF MANAGEMENT COMPANY Kottsick indicated the sump pump isn't working property in the south garage. Staff is working on replacement bids. Staff is still working to obtain bids for repair of the sidewalk area by the middle entrance to the building. Kottisk reported the new surge protectors are working well. There was a power surge last Friday at 3:30pm in the south building, which turned out that the battery was low and was replaced. One resident reported today, the entrance door hit her wheelchair as she entered the building. Staff will work with the resident to determine what the problem was and correct it as soon as possible. Kottsick will be on vacation July 20a thru July 29~, and that William Jones will be handling any issues that may arise at Parkview Villa. Barnes indicated that around September 1St, Kottsick will be leaving her administrative position at Parkview Villa and going to the new senior assisted living building on 42"d and Central. She thanked Kottsick for aH her hard work at Parkview Villa and then introduced the new administrator, William Jones. Jones stated he is from Chicago, has worked for the Crest View Corporation as their Environmental Services Director and that he looks forward to working with the City of Columbia Heights and the residents of Parkview Villa. Jones, was also welcomed by Boardmembers and staff. Kottsick thanked the Board for giving her the opportunity to work with them, staff and the residents of Parkview Villa in the last year. The Boardmembers thanked Kottsick for her understanding, cooperation and concerns of the residents of Parkview Villa. Housing & Redevelopment Authority Minutes July 16, 2002 Page 2 of 3 ITEMS FOR CONSIDERATION PARKVIEW VILLA NORTH AND SOUTH CAPITAL IMPROVEMENT PLAN Streetar stated at the April 16, 2002 HRA meeting, the board approved a $6, 700 contract with TKDA to prepare a 15-year Capital Improvements Plan for both the North and South buildings. The HRA has until September 30, 2002 to spend $108, 000 remaining from the 2000 plan or loose the funds. In TKDA's report two emergency issues are identified: 1) the replacement of the roof on the North building, which is 27years old; and 2) repairs to the leaking roof between the North and South buildings. Dean Johnson from TKDA was present and answered some of the questions relating to the CIP report. Johnson indicated the items are listed in the order of priority, felt they could develop plans and construction specifications for the roof projects in a timely manner so the 2000funds could be used for the projects, and explained the problems they found with the two buildings were moisture and basic aging issues. MOTION by Wyckoff, second by Szurek, to approve the five-year CIP for Parkview Villa North and South and authorize TKDA to develop plans and construction specifications for the Parkview Villa North roofing projects, with the roofing improvements to be paid for using year 2000 and 2001 HUD Capital Fund Program funds. Nawrocki asked if staff has obtained bids for the roof projects and if not, he would request a division of the motion. Streetar indicated staff has not gone out for bids yet due to the cut off time of September 30th for the funds to be used. Resident, Robert Ruettimann suggested the Board vote on the motion tonight and hold a special meeting in two weeks to review and approve the bids for the roofing, allowing time for the roofs to be repaired prior to the winter season without loosing funding. MOTION by Wyckoff, second by Szurek, to approve the five-year CIP for Parkview Villa North and South. All ayes. Motion Carried. MOTION by Wycoff, second by Szurek to authorize staff to solicit bids for the drafting of specifications for the replacement of the Parkview Villa North roof and the repair of the roof area connecting Parkview Villa North and South. All Ayes. Motion Carried. RESOLUTION 2002-05~ APPROVING CALCULATION OF PERFORMANCE FUNDING SYSTEM OPERATING SUBSIDY SUBMITTAL TO HUD Streetar indicated HUD requires a Board Resolution for the submittal of the Calculation of Performance Funding System Operating Subsidy, Forms 525 74 and 52 723 prior to submittal. Staff has prepared Resolution 2002°05 along with the related forms for Board review. Housing & Redevelopment Authority Minutes July 16, 2002 Page 3 of 3 Nawrocki indicated that on the Board Resolution form 52574, the spelling of Columbia should be corrected prior to submittal. Staff will make the change. Kottsick explained some of the line items to the Board. MOTION by Nawrocki, second by Wyckoff, to Approve Resolution 2002-05, being a Resolution of the Columbia Heights Housing & Redevelopment Authority confirming approval of the Calculation of Performance Funding System Operating Subsidy for 2002; and furthermore, to direct the Executive Director to forward same to the U.S. Department of Housing and Urban Development. All ayes. Motion Carried. ADJOURNMENT Chair, Szurek adjourned the meeting at 7:13 p.m. Respectfully submitted, Cheryl Bakken Recording Secretary HSHRAMinutes 2002\7-16-2002 COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT AUTHORITY (HRA) Meeting of: August 5, 2002 AGENDA SECTION: Items for Consideration ORIGINATING EXECUTWE NO: 1 DEPARTMENT: HRA DIRECTOR APPROVAL ITEM: Approve Proposal for Engineering BY: Mark Nagel BY: Services for Parkview Villa Roof Project DATE: August 1, 2002 BACKGROUND: As you know, the I-IRA has until September 30, 2002 to spend the remaining approximately $108,000 of the Year 2000 Annual Plan funding. At the July 16th HRA meeting, the Board approved the 15 year CIP completed by TKDA, which named the replacement of the Parkview Villa roofs as the most important priority. The Board requested staff solicit proposals from firms other than TKDA to prepare plans and specs according to HUD regulations, as well as provide project management and HUD documentation. The following four bids were received, along with their proposed costs for providing these services: TKDA - Not to exceed $19,000 SEH - Not to exceed $18,400, plus $1,600/week for project management RHA - Not to exceed $7,600 INSPEC - Not to exceed $18,000, plus $6,000 for project management The RHA bid seems to be low, but in conversations with the company, they did not do a site visit and do not have HUD experience, so I have deep concerns about their ability to handle a project of this scope and with very short timeframe. The other three bidders did visit the site, spend time looking over the CD and available information on the roof, and prepared professional proposals. The end result is three bids grouped very closely by companies with good experience. Based on the above factors, TKDA is the lowest, responsible bid for engineering services for the project. RECOMMENDATION: Staff recommends Board approval of the Building Specifications Bid from TKDA for replacement of the Parkview Villa North roof and the repair of the roof area connecting the North and South buildings. RECOMMENDED MOTION: Move to Approve the Bid from TKDA for Building Specifications for replacement of the Parkview Villa North roof and the repair of the roof area connecting the North and South buildings. Attachments HRA ACTION: h:\HRA consent Form2002\Approve Bid for Building Specifications TKDA ENGINEERS · ARCHITECTS o PLANNERS July 30, 2002 TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES. INCORPORATED 1500 PIPER JAFFRAY PLAZA 444 CEDAR STREET SAINT PAUL. MINNESOTA 55101-2140 PHONE: 651/292-4400 FAX: 651/292-0083 Mr. Mark Nagel City of Columbia Heights 590 - 40th Avenue NE Columbia Heights, Minnesota 55421 Re: Proposal for Architectural Services ........ ~--. Design and Construction Administration for Re-roofing Parkview Villas City of Columbia Heights, Minnesota Dear Mr. Nagel: Pursuant to the meeting of July 16, 2002, we are pleased to provide this Proposal for Architectural Design and Construction Phase Services relative to the re-roofing of the Parkview Villa complex, hereinafter referred to as the Project. Our services will be provided in the manner described in this Agreement subject to the terms and conditions set forth in the attached "TKDA General Provisions of Architect-Engineer Agreement" dated October 1993, and the attached HUD Contract Provisions (HUD-51915-A, dated 9/98). Hereinafter, the City of Columbia Heights is referred to as the OWNER. I. PROJECT DESCRIPTION The OWNER is interested in replacing the roofing system of the Parkview Villas north building. In addition to the high rise roof (north building) replacement, the scope of work will also include flashing and roofing repair at the connection between the south and north buildings. This roofing work is as described it the Capital Improvements Plan, Work Category #1N and #2N, prepared by TKDA dated July 2002. The estimated construction cost is $165,000 ($17,000 for the flashing and gutter repair at the connection between the north and south roof, plus $148,000 for a roof replacement on the north building). The approximate area of the north roof is 8,500 square feet. We understand you intend to have the Project bid and awarded prior to the end of September 2002. An Equal Opportunity Employer Mr. Mark Nagel City of Columbia Heights Proposal for Architectural Services - Design and Construction Administration for Re-roofing Parkview Villas July 30, 2002 Page 2 II. SERVICES TO BE PROVIDED BY TKDA Based on TKDA'S understanding of the Project, we propose to provide the following services: A. KICKOFF MEETING TKDA will meet with the OWNER'S representative to confirm the Project requirements, schedule, and past problem roof leak area. B. SITE VISITS We will visit the site and field verify existing conditions to the extent necessary for roofing replacement (north high rise) and the flashing repairs at the lower roof. C. PREPARE CONSTRUCTION DRAWINGS AND SPEC~ICATIONS Do We will prepare Construction Documents (construction drawings and a project manual/specifications) for the OWNER'S use in obtaining competitive bids by roofing contractors. The Construction Documents will set forth in detail the requirements for the construction of the Project. A review meeting will be held with the OWNER and comments incorporated into the final C_onstruction Documents. BIDDING PHASE SERVICES During the Bidding Phase, TKDA will provide the following services: o Consult with and advise OWNER and act as OWNER'S Representative as provided in the Construction Documents. Reproduce twenty (20) sets of the final Construction Documents for bidding and use by the contractor(s) for construction. Distribute the Construction Documents to prospective bidders and process the return of the documents upon completion of the bidding process. Provide clarification and issue addenda, if any. Attend and assist the OWNER with conducting a prebid conference with prospective bidders. TKDA will review the bids, which will be received by the OWNER, and provide a recommendation relative to selection and award of a contract. Mr. Mark Nagel City of Columbia Heights Proposal for Architectural Services - Design and Construction Administration for Re-roofing Parkview Villas July 30, 2002 Page 3 o o TKDA will prepare an AIA contract for execution by the contractor and OWNER if desired, or the OWNER may elect to use their own construction contract, which will be prepared the OWNER. CONSTRUCTION PHASE SERVICES During the Construction Phase, TKDA will provide the following services: Make daily visits when the roofing work is in progress to observe the progress and quality of the executed work of Contractor and to determine, in general, if such work is proceeding in accordance with the Construction Documents. Serve as liaison with Contractor, working principally through Contractor's Superintendent. Issue all instructions of OWNER to Contractor, issue necessary interpretations and clarifications of the Construction Documents and in connection therewith, prepare change orders and work orders for minor extra work as required; have authority, as OWNER'S representative, to require special inspection or testing of the work. Review, record, and approve (or take other appropriate action with respect to) Shop Drawings (as that term is defined in the Construction Documents), but only for conformance with the design concept of the Project and compliance with the information given in the Construction Documents. Advise OWNER and Contractor or its Superintendent immediately of the commencement of any work requiring a shop drawing or sample submission if the submission has not been approved. Maintain, at TKDA'S offices, orderly files for correspondence, reports of job conferences, Shop Drawings and sample submissions, reproductions of original Construction Documents including all addenda, change orders, work orders, Supplemental Agreements, field orders, additional drawings issued subsequent to the execution of the contract, OWNER'S clarifications and interpretations of the Construction Documents, progress reports, material testing and certification documentation, and other Project-related documents. Report to OWNER whenever it appears that any work is unsatisfactory, faulty, or defective, or does not conform to the Construction Documents, or does not meet the requirements of any inspections, tests, or approval required to be made or has been damaged prior to final payment; and advise the OWNER when any work should be corrected or rejected, should be uncovered for observation, or requires special testing, inspection, or approval. Mr. Mark Nagel City of Columbia Heights Proposal for Architectural Services - Design and Construction Administration for Re-roofing Parkview Villas July 30, 2002 Page 4 o o Based on TKDA'S on-site observations, determine payments to Contractor in such amounts as is appropriate; such recommendations of payment will constitute a representation to the OWNER, based on such observations and review, that the work has progressed to the point indicated, and that, to the best of TKDA'S knowledge, information and belief, the quality of such work is in accordance with the Construction Documents. Conduct an inspection to determine if the Project is substantially complete. Prepare a final list of items to be completed or corrected, and conduct a final inspection to determine if the work appears to have been completed in accordance with the Construction Documents and if the Contractor has fulfilled all of his obligations thereunder. Prepare final estimate for payment and recommend, in writing, final payment to the Contractor, giving written notice to the OWNER and Contractor that the work is acceptable (subject to any conditions therein expressed). TKDA shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, for acts or omissions of the Contractor, Subcontractors or any other persons performing any of the Work, or for the failure of any of them to carry out the Work in accordance with the Construction Documents. III. ADDITIONAL SERVICES If authorized by you, we will furnish or obtain from others Additional Services of the types listed below which are not considered as basic services under this Proposal. Additional Services shall be billable on an Hourly Rate basis as defined in Article 3 of the General Provisions, and such billings shall be over and above any maximum amounts set forth in this Proposal. Any expansion in the work scope requested by the OWNER in excess of that outlined in SECTION II. Bo Preparation of measured drawings of the OWNER'S existing building or property. Co Further design effort or documentation beyond that describe in SECTION II of this Proposal. D. Special roofing surveys or testing. Mr. Mark Nagel City of Columbia Heights Proposal for Architectural Services - Design and Construction Administration for Re-roofing Parkview Villas July 30, 2002 Page 5 IV. OWNER'S RESPONSIBILITIES The OWNER'S responsibilities shall be as set forth in Article 8 of the General Provisions and as further described or clarified hereinbelow: A. Meet with TKDA and review materials or drawings submitted by TKDA. Co Provide information regarding any local, HRA, or other requirements relative to the roofing issues of the building. Designate one individual to act as the OWNER'S representative with respect to the work to be performed, and such person shall have complete authority to transmit instructions, receive information, interpret and define policies, and make decisions with respect to critical elements pertinent to the Project. Provide TKDA with access to the site as required to perform services listed in SECTION II above. Provide all permit fees, or application fees for permits, if required. Public~ation costs associated with advertising for construction bids. V. PERIOD OF SERVICE We will start our services within seven days of your acceptance of this Agreement and expect to complete SECTION II.A, B, and C services within approximately four weeks thereafter based on receiving notice to proceed by the OWNER on or before July 31, 2002. SECTION II.D and E services will be concurrent with the construction. VII. COMPENSATION Compensation to TKDA for services provided as described in SECTION II of this Agreement shall be on an Hourly Rate basis as described in Article 3 of the attached General Provisions in an amount not to exceed $19,000. Our current Hourly Rate Schedule is attached. Mr. Mark Nagel City of Columbia Heights Proposal for Architectural Services - Design and Construction Administration for Re-roofing Parkview Villas July 30, 2002 Page 6 The level of effort required accomplishing SECTION II services could be affected by factors, which are beyond our control. Therefore, if it appears at any time that charges for services rendered under SECTION II will exceed the above amount, we agree that we will not perform services or incur costs, which will result in billings in excess of such amount until we have been advised by you that additional funds are available and our work can proceed. VH. CONTRACTUAL INTENT We thank you for the opportunity to submit this Agreement and are willing that this letter and attachments constitute a contract between us upon its signature by an authorized official of the City of Columbia Heights and the return of a signed copy to us. This Agreement will be open for acceptance for 30 days, unless the provisions herein are changed by us in writing prior to that time. Please note the requirement for a notice to proceed in SECTION V in order to meet your targeted completion date. Richard N. Sobiech, P.E. President/CEO Director of ArChitecture ACCEPTED FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA By. By: Title Executive Di rector Title: Chai~ n · Date Da te: RNS:DAJ:adh ATTACHMENTS: SCHEDULE 3000-S30 TKDA GENERAL PROVISIONS HUD CONTRACT PROVISIONS TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS · ARCHITECTS · PLANNERS ST. PAUL, M~NNESOTA JANUARY 1, 2002 SCHEDULE OF BILLING RATES Classification Director, Senior Registered Engineer, Architect, or Planner Engineering or Architectural Specialist li Engineering or Architectural Specialist I Registered Engineer, Architect, Land Surveyor, Planner, or Interior Designer Graduate Engineer, Architect, or Planner Technician Iff Technician II Technician I Range of Hourly Billing Rates* $ 96.00 to $ 158.00 $ 91.00 to $ 132.00 $ 60.00 to $ 105.00 $ 55.00 to $ 132.00 $ 45.00 to $ 92.00 $ 51.00 to $ 68.00 $ 34.00 to $ 56.00 $ 27.00 to $ 44.00 ** ** ** In addition to the hourly charges, TKDA shall be reimbursed at cost for the following direct expenses when incurred in the performance of the work: 1. Travel and subsistence. (Mileage currently at IRS Standard Rate of $0.365 per mile.) 2. Computer services. (Currently at $12.00 per hour of logged-on time.) Outside professional and technical services with costs defined as the amount billed TKDA plus 10%. 4. Identifiable reproduction and reprographic costs. * Rates effective until December 31, 2002. ** For hours worked over 8 hours per day or 40 hours per week, whichever is greater, individuals will be paid one and one-half times the above rates where required by Local, State and/or Federal Government Wage and Hour Regulations. Schedule 3000-S30 TOLTZ, KING, DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED General Provisions Of Architect-Engineer Agreement ARTICLE 1. GENERAL These General ProvisJons are intended to be used in conjunction with a letter-type Agreement between Toltz, /ting, Dura/l, Anderson and Associates. Incorporated, a Minnesota Corporation, hereinafter refined to as TKDA, and a OWNER, wherein the OWNER engages TI(DA to provide certain Architectural, end/or Engineenng services on a Project. As used herein, the term "this Agremnent' refers to II) the TI(DA Proposal Letter which becomes the Letter Agreement upon its acceptance by the OWNER, 12) these General Provisions and (3} any attached Exhibits, as if they were part of gna and the same document. With respect to the order of supersedence, any attached Exhibits shall govern over these General Provisions and tho Letter Agreement shall govern over any attached Exhibits and these General Provisions. ARTICLE 2. PERIOD OF SERVICE The term of this Agreement for the performance of services hereunder shall be as set forth in the Letter Agreement. In thio regard, any lump sum or estimated maximum payment amounts set forth in the Letter Agreement have been established in anticipation of an orderly and continuous progress of the Project in accordance with the schedule set forth in the Letter Agreen~nt or any Exhibits attached thereto. ARTICLE 3. COMPENSATION TO TKDA A. Compensorion to TKDA for services described in this Agreement shall be on a Lump Sum basis and/or an Hourly Rate basis as designated in the Letter Agreement and as hereinafter described. I. A Lump Sum method of payment for TKOA's so. ices shall apply to all or parts of a work scope where TKDA's tasks can be readily defined and/or where the level of effort required to accomplish such tasks can be estimated with a reasonable degree of accuracy. The OWNER shall make monthly payments to TKOA within 30 days of date of invoice based on an estimated percentage of completion of TKOA's services. Z An Hourly Rate method of payment for TXDA's services shall apply to all or parts of a work scope where TKOA's tasks cannot be readily defined and/or where the level of effort required to accomplish such tasks cannot be estimated with any reasonable degree of accuracy. Under an Hourly Rate method of payment. TI(DA shall be paid for the actual hours worked on the Project by TKOA technical personnel times an hourly bil~g rate established for each employee. Hourly billing r_ates shall include compensation for all salary costs, payroll burden, general and administrative overhead and professional fee. A rate schedule shall be furnished by TKDA to OWNER upon request. tn addition to the foregoing, TI(DA shall be reimbursed at cost for the following Oirect Expenses when incurred in the performance of the work: ia} Travel and subsistence. (b) Computer services. Ecl Outside professional and technical services with cost defined as the amount billed TKDA plus 10%. IdJ Identifiable reproduction and reprographic costs. la) Other expenses for additional items and services as set forth in the Letter Agrenmaflt. The OWNER shall make monthly payn'.eflts to TKOA within 30 days of date of invoice based on computations made in accordance with the above charges for services provided and expenses incurred to date, accompanied by supporting evidence as required. B. The OWNER will pay the balance stated on the invoice unless OWNER notifies TI(gA in writing of the particular item that is alleged to be incorrect within 15 days from the date of invoice, in which case, only the disputed item will remain undue until resolved by the parties. All accounts unpaid after 30 days from the date of original invoice shall be subject to a semce charge of 1-112% per munth, or the maximum amount authorized by law, whichever is less. TKOA shall be entitled to recover all reasonable costs and dishursmnents, includinq reasonable attorneys fees. incurred in connection with collecting amounts owed by OWNER. In addition, TKDA may after 9ivieg seven days' written notice to the OWNER, suspend sennces under this Agreement until TKOA has been paid in full for all amounts then due for services, expenses and charges. OWNER agrees that TI(DA shall not be responsible for any claim for consequential damages arising from suspension of sm'wces hereunder. ARTICLE 4. EXTRA WORT( If TI(DA is of the opinion that any work they have been directed to perform is beyond the Scope of this Agreement, or that the level of effort requi~ed significantly exceeds that estimated due to changed conditions and thereby constitutes extra work, they shall notify the OWNER of that fact. Extra work, additional compensation for some, and extension ut time for completion shall be covered by a Supplemental Agreemmlt entered into by both parties. ARTICLE 5, ABANDONMENT, CHANGE OF PLAN AND TERMINATION Either Party has the right to terminate this Agreemem upon seven days written notice. In addition, the OWNER may at any time, reduce the scape of this Agreement. Such reduction in scope shall be set forth in a written notice Prom the OWNER to TI(DA. In the event of unresolved dispute over change in scope or changed conditions, this Agreement may also he terminated upon seven days' written notice as provided above. In the event of tern'ination, all documents finished or unfinished, prepared by TKDA under this Agreement shall be made available by TKDA to the OWNER pursuant to Article 6, and there shall be no further obligationof the OWNER to TKDA under this Agreemem, except for payment of amounts due and owing for work performed and ezpensos incurred to the date and time of termination, computed in accordance with the provisions of Article 3 and the Letter Agreement. in the event of a reduction in scope of the Project work, TI(DA shall be paid Pot the work performed and expenses incurred on the Project work thus reduced and for any completed and abandoned work, for which payment has not been made. computed iff accordance with the provisions of Article 3 and the Letter Agreement. ARTICLE 6. DISPOSITION OF PLANS, REPORTS AND OTHER DATA At the time of completion or termination of the work, TKDA shall make available to the OWNER, all maps, tracings, reports, resource materials and other documents pertaining to the work or to the Project. All such documents are not intended or represented to be suitable for reuse by the OWNER or others on extensions of the Project or any other project. Any reuse without written verificat on or adaptation by TKDA Per the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to TKDA. In this regard, the OWNER will indemnify and hold harmless TKDA from any and all suits or claims of third parties arising out of such reuse, which is not specifically verified, adapted, or authorized by TI(DA. In the event electronic copies of documents are made available to the OWNER pursuant to the foregoing paragraph, the OWNER acknowledges that the useful life of electronic media such as magnetic tapes and/or floppy disks may be limited because of deterioration of the media or obsolescence of the computer hardware and/or software systems. Therefore, TI(DA makes no representation that such media wilt be fully usable beyond 30 days from date of delivery to OWNER. ARTICLE 7. OWNER'S ACCEPTANCE BY PURCHASE ORDER In lieu of or in addition to signing the acceptance blank on the Letter Agreement, the OWNER may execute the contract by issuing a purchase order signed by a duly authorized representative. Such purchase order shall incorporate by reference the terms and conditions of this Agreement. In the event of a conflict between the terms and conditions of this Agreement and those contained in the OWNER's purchase order, the terms and conditions of this Agreement shall govern. Notwithstafldingeny purchase order provisions to the contrary, no warrantees, express or implied, are mede by TI(DA. ARTICLE 8. OWNER'S RESPONSIBILITIES A. To pem~t TKDA to perform the services required hereunder, the OWNER shall supply, in proper time and sequence, the following at Au expense to TI(DA: 1. Provide all neco~ary information regarding its requirements as nece~ary for orderly progres3 of the work. 2. Designate in writing, a per~n to act as OWNER's reprosmtativa with respect to the services to be rendered under this Agreement. Such person shall have authority to tranS~t instructions, receive instructions, receive information, interpret and define OWNER's policies with respect to TI(DA's .~er'v":es. TKDA,.OWNER GENE]~L PROVISIONS OCTOBER 1993 U.S, Department of Housing and Urban Development Office of Public and Indian Housing OMB Approval No. 2577-0015 (exp,06/30/2002) Contract Provisions Required by Federal Law or Owner Contract with the U.S. Department of Housing and Urban Development Previous editions are obsolete to;m HUD-S1915-A (9/98) ~'ef. Handbooks 7417.1, 7450.! & 7460.8 Contract Provisions Required by Federal Law or Owner Contract with the U.S. Department of Housing and Urban Development U. S. Department of Housing and Urban Development Office et Public and Indian Housing OMB Approval No. 2577-0015 (exp.3~3 Public repon'ing burden lor this collection Gl inlormalion is estimated to average 3 hours per response, including the time for reviewing instructions, searching existing data sources, 9atheeing and maintaining the data needed, and completing and reviewing the collection Gl information. 'J'his agency may not conduct or sponsor, and a person is not required to respond Io, a collection Gl information unless that colleclon displays a valid OMB control number. These contracts between a HUD grantee (housing agency (HA}) and an architectJengineer (A/E) for design and construction services do not require either party to submit any malerials Io HUD. The forms provide a contractual agreement for the services to be provided by the A/E and establishes responsibilities of both parties pursuant Io the contracL The regulatory authon(y is 24 CFR 85.36. These contractua agreemenls are re uired b . pursuant to 24 CFR Pa. 85 36 Signing of the contracts is required to obtain or relain benefits ............... ?: ..... y__F__e_?era{law ct r.egula?on · ' . Th~ v~,,i.g~t~ t.lV HUt I~llaJ UllCluselVeS tO con§o~ntialRy 1.0 Contract Provisions Required by Federal Law or Owner Contract with the U.S. Depaxtmenl of Housing and Urban Development (HUD). 1.1 Contract Adjustments. Notwithstanding any other term or condition of this Agreement, any settlement or equitable adjust- ment due to termination, suspension or delays by the Owner shall he negotiated based on the cost principles stated at 48 CFR Subpart 31.2 and conform to the Contract pricing provisions of 24 CFR 85.36 tO. 1.2 Additional Services. The Owner shall perform a cost or price analysis as required by 24 CFR 85.36 (F) prior to the issuance of a contract modification/amendment for Additional Services. Such Additional Services shall be within the general scope of services covered by this Agreement. The Design Profes- sional shall provide supporting cost information in sufficient detail to permit the Owner to perform the required cost or price analysis· 1.3 Restrictive Drawings and Specifications. In accordance with 24 CFR 85.36(c)(3)(i) and contract agrcements between the Owner and HUD, the Design Professional shall not require the use of materials, products, or services that unduly restrict competition. 1.4 Design CeJtification. Where the Owner is required by federal regulations to provide HUD a Design Professional certi- fication regarding the design of the Projects (24 CFR 968.235), the Design Professional shall provide such a certification to the Owner. 1.5 Retention and Inspection of Records. Pursuant tn 2a CFR 85.260)(10) and (11), access shall be given by the Design Profes- sional to the Owner, HUD, the Comptroller General of the United States, or any of their duly authorized representatives, to any books, documents, papers, and records of the Design Professional which are directly pertinent to that specific Contract for the purpose of malting an audit, examination, excerpts, and transcrip- tions. All required records shall be retained for three years after the Owner or Design Professional and other subgrantees make final payments and all other pending matters are closed. 1.6 Copyrights and Rights in Data. HUD has no regulations pertaining to copyrights or rights in data as provided in 24 CFR 85.36. HUD requirements, Article 45 of thc General Conditions to the Contract for Constroction (form HUD-5370) requires that contractors pay all royahies and license fees. All drawings and specifications prepared by thc Design Professional pursuant to this contract will identify any applicable patenls to enable the general contractor to fulfil thc requirements of thc construclion contract. 1.7 Conflicts of Interest. t~ased in part on federal regulations (24 CFR 85.36{b)) and Contract agreement between the Owner and HUD, no employee, officer, or agent of the Owner (HUD grantee) shall participate in selection, or in the award or admin- istration of a contract supported by Federal ~unds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: ti) The employee, officer or agent. (ii) Any member of his or her immediate family, (iii) His or her partner, or (iv) An organization that employs, or is about to employ, any of the above, has a financial or other interest in the Firm selected for award. The grantee's or subgrantee's officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from Contractors, or parties to sub-agreements. Grantees and subgrantees may set minimum ~ules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. To the extent permit- ted by State or Ioca] law or regulations, such standards or conduct will provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the grantee's and subgrantee's officers, employees, or agents or by Contractors or their agents. The awarding agency may in regulation provide additional prohi- bitions relative to real, apparent, or potential conflicts of interest. Neither the Owner nor any of its contractors or their subcontractors shall enter into any Contract, subcontract, or agreement, in connec- tion with any Project or any property included or planned to be included in any Project, in which any member, officer, or employee of the Owner, ct any member of the governing body of the locality in which the Project is situated, orany member of the governing body of the locality in which the Owner was activated, or in any other public official of such locality or localities who exercises any responsibilities or functions with respect to the Project d ur/nc h is/her tenure or for one year thereafter has any interest, direct or indirect. If any such present or fom~er member, officer, or employee of the Owner, or any such governing body member or such other public official of such locality or localities involuntarily acquires or had acquired prior to the beginning of Ns/her tenure any such interest, and if such interest is immediately disclosed to the Owner and such disclosure is entered upon the minutes of the Owner, the Owner, with the prior approval of the Government, may waive the prohibition contained in this subsection: Provided, That any such present member, officer, or employee of the Owner shall not participate in any action by the Owner relating to such contract, subcontract, or arrangement. form HUD-5191S-A (9198) Previous editions are obsolete Page 1 at 3 xel. Handbooks 7417.1, 7450.1 & 7460.8 No member, officer, or employee of the Owner, no member of the governing body of the locality in which the project is situated, no member of the governing body of the locality in which the Owner was activated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the project, during his/her tenure or for one year thereafter, shah have any interest, direct or indirect, in this contract or the proceeds thereof. :' 1.8 Disputes. In part because of HUD regnlations (24 CFR. 85.36(i)(1)), this Design Professional Agreement, u.nlcss it is a small purchase contract, has administrative, contractual, or legal remedies for instances where the Design Professional violates or breaches Agreement terms, and provide for such sanctions and penalties as may be appropriate. 1.9 Termination. In part because of HUD regulations (24 CFR 85.36(i)(2)), this Design Professional Agreement, unless it is for an amount of $10,000 or less, has requirements regarding termi- nation by the Owner when for cause or convenience. These include the manner by which the termination will be effected and basis for settlement. l. I0 Interest of Members of Congress. Because of Contract agreement between the Owner and HUD, no member of or delegate to the Congress of the United States of America or Resident Commissioner shall be admitted to any share or part of this Contract or to any benefit to arise from it. 1.11 Limitation of Payments to In fluence Certain Federal Trans- action. The Limitation on Use of Appropriated Fnnds to Influ- ence Certain Federal Contracting and Financial Tr.',nsactions Act, Section 1352 of Title 31 U.S.C., provides in pat that no appropri- ated funds may be expended by recipient of a federal contract, grant, loan, or cooperative agreement to pay any person, includ- ing the Design Professional, for influencing or attempting to influence an officer or employee of Congress in connection with any of the following covered Federal actions: the awarding of any federal contract, the making of any Federal grant, the making of any federal loan, the ~entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modifi- cation of any federal contract, grant, loan, or cooperative agree- mcat. 1.12 Employment, Training, and Contracling Opportunities for Low-Income Persons, Section 3 of the Housing and Urban Devel. opment Act of 1968. A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by section 3, shall, Io the greatest extent feasible, be directed to low- and very low-income persons, par- ticularly persons who are recipients of HUD assistance for hous- ing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify ;hat they arc under no contractual or other im- pediment that would prevent them from complying with part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collec- tive bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employ- ment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcon- tract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. Reserved. H. Reserved. ].I3 Reserved. 1.14 Clean Air and Water. (Applicable to contracts in excess of $100,000). Because of 24 CFR 85.360)(12) and federal law, the Design Professional shall comply with applicable standards, orders, or requirements issued trader section 306 of the Clean Air Act (42 U.S.C. § l g57h-4 transferred to 42 USC § 7607, section 508 oi the Clean Water Act (33 U.S.C. § 1368), Executive Order 11738, and Environmental Protection Agency regulations (a0 CFR part 15), on all contracts, subcontracts, and subgrants of amounts in excess of $100,000. Iown HUD-51915-A (9/98) Previous editions are oOsoJete Page 2 o! 3 ref. Handbooks 7417.1. 7450! & 7460.8 [.15 Energy Efficiency. Pursuant to Federal regulations (24 C.F.R 85.360)(13)) and Federal [aw, except when working on an Indian housing authority Project on an Indian reservation, the Design Professional shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163 codified at 42 U.S.C.A. § 6321 et. seq.). 1.16 Prevailing Wages. In accordance with Section 12 of the U.S. Housing Act of 1937 (42 U.S.C. 1437j) the Design Profes- sional shall pay not less than the wages prevailing in the locality, as determined by or adopted (subsequent to a determination under applicable State or local law) by the Secretary of HUD, to ail architects, technical engineers, draftsmen, and technicians. 1.17 Non-applicability of Fair Housing Requirements in lndian Housing Authorily Contracts. Pursuant to 24 CFR section 905.1t5(b) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d-4), which prohibits discrimination on the basis of race, color or national origin in federally assisted programs, and the Fair Housing Act (42 U.S.C. 3601-3620), which prohibits discrimination based on race, color, religion, sex, national origin, handicap, or familial status in the sale or rental of housing do not apply to Indian Housing Authorities established by exercise of a Tribe's powers of self-government. 1.18 Prohibition Against Liens. The Design professional is Prohib- ited from placing a lien on the Owner's property. This prohibition shall be placed in all design professional subcontracts. Previous edilion$ are obsolete [orm HUD-51915-A Page 3 of 3 ~el. Handbooks 7417.1. 7450.1 & 7460.8 July 26, 2002 Mr. Mark Nagel MN Consulting 1469 Arden Oaks Drive Arden Hills, Minnesota 55112 Dear Mr. Nagel; RE: Re-roofing Design Services Park View Villa Columbia Heights, MN SEH NO. P- COLHT 0301.00 SEH is pleased to submit a proposal for re-roof design services at the above referenced project site. It is our understanding that re-roofing will include both the low-sloped roof area on original high rise building and the steep sloped roof area of the addition. Our engineering and project management services will include the following: 1) Design Phase: Services include review of original documents, review of leak history, field verification of existing conditions, energy analysis, preliminary design meeting with owner's representative, and preparation of construction documents, 2) Bidding Phase: Services include conducting a pre-bid meeting and assisting the owner with contractor evaluation, and 3) Pre-Construction Phase: Services include conducting a pre-construction conference with the selected contractor and the owner's representative and performing miscellaneous project management services. The total cost for performing the engineering and project management service shall be performed for a fee not to exceed $18,400.00 Our inspection, project management and construction administration services will include the following: 1) Performing periodic field inspections by the project manager at two-week intervals. The field inspections will include verification of materials used and workmanship evaluation. 2) Reviewing pay requests, 3) Performing construction administration, and 4) Performing final inspection, review of warranty information, and project closeout. The estimated fee to perform the inspection, construction administration, and project management services shall be based on a time and material basis. The estimated fee is $1600.00 per week of construction. The inspection and construction administration phase is dependent upon the production of the comractor, complexity of the project and weather conditions. Park View Villa July 26, 2OO2 Page 2 We appreciate the opportunity to present this proposal for professional design and construction administration services. Please call me at 507.376.5888 if you have any questions or require additional information. Upon acceptance of this proposal, please return one signed copy for our records. Cordially, Accepted By: Title: Steve Robinson, P.E. Date ['NSPEC, INC. 5801 Duluth Street Minneapolis, MN 55422 Ph. 763-546-3434 Fax 763-546-8669 Suite 420 555 West Layton Ave. Milwaukee, WI 53207 Ph. 414-74445962 Fax 414-74445981 www. inspec, corn Engineering & Architectural services For roofs, waterproolqng, pa yemen ts, and building exteriors. August 1, 2002 Mr. Mark Naegel City of Columbia Heights 590 40th Avenue N.E. Columbia Heights, MN 55421 Proposal for Engineering Services, 2002 Reroofing Parkview Villa, 965 40th Avenue N.E., Columbia Heights, Minnesota Dear Mr. Naegel: We are pleased to provide this proposal to furnish engineering services for the development of construction documents and to provide construction observation and quality control testing for the above-referenced project. PROJECT DESCRIPTION The project involves the complete reroofing of the high-rise, including all penthouses and the shingled portion. The total replacement area of the tower is approximately 9,800 square feet, and the shingled portion approximately 11,500 square feet. A preliminary opinion of probable construction cost for the tower is $180,000 and the shingled portion is $60,000. The estimate assumes difficult access and staging areas for the contractor adjacent to the reroofing area and normal working hours. These costs are based on current knowledge of the building and may change, due to research involving the communications equipment mounted on the high-rise roof and other possible issues discovered in the site verification process. SCOPE OF SERVICES Site Verification Roof-related details will be verified in the field using exploratory test openings to allow for dimensioning and sketching of the actual existing conditions. Along with dimensioning of the building, this information will be used to provide a basis for development of the reroofing design. Upon completion of the site verification work, the opinion of probable construction cost will be updated. City of Columbia Heights August 1, 2002 Page Two The roofing materials on this building have not been sampled and tested for the presence of asbestos. During our site verification phase, we will sample all necessary materials to determine if any hazardous materials are present. Design and Construction DocumenB Drawings and a project manual will be prepared for this project. An energy analysis of the existing roof system and the proposed new roof system will .be conducted. The potential exists for asbestos-containing roofing materials to be present on this project. We will sample for asbestos. The samples can then be sent in for testing. If asbestos-containing roof materials are identified, we will hire an asbestos consultant to prepare specification sections for removal, as part of the reroofing project. This cost will be billed to you as a reimbursable. (It is our experience that this cost will be approximately $1,000.) Virtually all roofing contractors are certified to provide proper removal and disposal of asbestos-containing roof materials. Based on the information gathered, construction documents will then be fully developed. These documents will then be presented to you for review prior to bidding. The new built-up roof system could add dead load to the existing structure. If this is the case, a structural evaluation will be conducted. We will hire a structural engineer to evaluate the existing construction and provide a report indicating whether the existing roof structure can support added dead load. Bid Process Once construction documents have been developed, we will assist you in issuing the project for bid. We will consult with you regarding the more qualified contractors to notify regarding the availability of this project to bid and will then contact those contractors for you. A pre-bid conference will be held prior to the bid opening to discuss the scope of work with the contractors at the project site. We will attend the bid opening and provide bid tabulation forms. Once bids are received, we will assist you in the evaluation of the bids and provide a letter of recommendation, if requested. Construction Observation This service will include the review of contractor submittals, a pre-construction conference with all parties, periodic construction observation during reroofing, verification of pay requests, and a final walkover of the roof. City of Columbia Heights August 1, 2002 Page Three Our on-site observer will not only act as your representative regarding the technical aspects of the project, but will also act as a liaison between you and the contractor with regard to coordination issues that affect the building owner, such as access and staging areas, shutting down air intakes, and other unforeseen problems that may develop. Testing Testing of the roof materials and the completed roof system will be conducted. The types of tests will depend on the type of roof system specified. Our on-site observers have the capable to conduct some of the roofing tests on site, providing prompt test results to the contractor. This allows the contractor to make application adjustments during construction, resulting in a "win- win" situation for you and the contractor. Those tests that cannot be conducted on site will be conducted in our in-house laboratory. PROPOSED FEES Site verification and construction documents Structural evaluation Reimbursables Printing Bid process Construction observation and testing $18,000 Actualx 1.1(NTE $2,000) $1,200 $750 $500 $6,000 If this proposal is satisfactory, please sign below and return to us as our authorization to proceed. We invite you to visit our office and laboratory to learn more about our areas of expertise. Also, feel free to visit our web site at www.inspec.com. Thank you for your interest in our services. Very truly ~uff INSPEC, ~ Accepted By: By: Title: Date: