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: