HomeMy WebLinkAboutAugust 20, 2003CiTY OF COLUMBIA HEIGHTS
590 40th Avenue N.E.. Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 71)6-3692
Visit Our Website at: www. ci. co/umbia-/teights, mn. us
HRA Commissioners:
Dennis Ecklund
Bobby Williams
Bruce Nawrocki
Tammera Ericson
Bruce Kelzenberg
Patricia Jindra
HOUSING & REDEVELOPMENT AUTHORITY
REGULAR MEETING
6:30 P.M., WEDNESDAY, AUGUST 20, 2003
CITY HALL, COUNCIL CHAMBERS
590 40TH AVENUE, COLUMBIA HEIGHTS, MN
AGENDA
1. CALL TO ORDER/ROLL CALL
2. PLEDGE OF ALLEGIANCE
CONSENT AGENDA
A. Approval of Minutes.
1 .The Meeting of April 15, 2003.
MOTION: Move to approve the minutes of April !5, 2003, regular meeting as
presented in writing.
4. REPORT OF MANAGEMENT COMPANY-William Jones, Housing Administrator
o
CITIZEN FORUM (At this time, citizens have an opportunity to discuss with the HRA
items not on the regular agenda. The citizen is requested to stand up, state their name and
limit their comments to five minutes. Please note, the public may address the HRA
regarding specific agenda items at the time the item is being discussed.)
6. PUBLIC HEARING
A. Sale of 4607 Tyler Street
MOTION: Move to close the Public Hearing.
MOTION: Move to Approve the sale of 4607 Tyler Street to Minnesota Housing
Resources, Inc. for $160,000 with stipulations outlined in the Purchase Agreement;
and furthermore, to authorize the Chair and Executive Director to enter into an
agreement for the same.
7. ITEMS FOR CONSIDERATION
A. Parkview Villa Manaeement Bids
MOTION: Move to Approve the 3-year Manage~nent Services Contract for Parkview
Villa North and South with ; and furthermore, to authorize
the Chair and Executive Director to enter into an agreement for the same.
THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYER
B. Approve Architectural Services Agreement
MOTION: Move to Approve the Architectural Services Agreement with BWBR
Architects for the Parkview Villa North Apartment Modernization Project with the
amount not-to-exceed $13,000; and furthermore, to direct the Chair and Executive
Director to enter into an agreement for the same.
C. Parkview Villa North Elevator #2 Repair Proiect
MOTION: Move to Approve the 2002 Capital Fund Program Budget Revision and
the contract for repairs with Eagle Elevator Corporation for an amount not to exceed
$23,700 for the Elevator #2 repair at Parkview Villa North; and furthermore, to
authorize the Chair and Executive Director to enter into an agreement for the same.
D. Adopt Resolution 2003-02~ Amending and Restating the Bylaws
MOTION: Move to waive the reading of Resolution 2003-02, there being an ample
amount of copies available to the public.
MOTION: Move to Adopt Resolution 2003-02, a Resolution to Amend and Restate
the Bylaws of the Columbia Heights Housing & Redevelopment Authority.
8. ADMINISTRATIVE REPORTS
9. ADJOURNMENT
Cheryl Bakken, Community Development Secretary
H:\HR.A A~enda2003\8-20-2003
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).
acNe minutelio si ¢ REDEVELOPMENT AUTHORITY
annrove aVL MEETING MINUTES OF APRIL 15, 2003
CALL TO ORDER - The Regular Meeting of the Columbia Heights Housing & Redevelopment
Authority (HRA) was called to order by the Vice Chair, Dennis Ecklund, Jr. at 6:35 p.m., April
15, 2003, in the Parkview Villa Community Room B, 965 40th Avenue NE, Columbia Heights,
Minnesota.
ROLL CALL
Commission Members Present:
Commission Members Absent:
Staff Present:
Bruce Nawrocki, Bobby Williams, Dennis Ecklund Jr.,
Patricia Jindra, Tammera Ericson, and Bruce Kelzenberg
Walt Fehst, Executive Director
Robert Streetar, Deputy Executive Director
William Jones, Parkview Villa Housing Administrator
Shirley Barnes, CEO, Crest View Corporation
Cheryl Bakken, Secretary
Mark Nagel, Housing Assistant
PLEDGE OF ALLEGIANCE
ELECTION OF OFFICERS
Ecklund opened the election of officers.
MOTION by Nawrocki to nominate Jindra for Chair. Jindra declined. Motion Not
Considered.
MOTION by Kelzenberg, second by Jindra, to nominate Ericson for Chair. All ayes. Motion
Carried.
After Ericson was elected chair, she took over the rest of the elections and meeting.
MOTION by Nawrocki, second by Williams, to nominate Bruce Kelzenberg for Vice Chair. All
ayes. Motion Carried.
MOTION by Williams, second by Nawrocki, to nominate Jindra for Secretary/Treasurer. All
ayes. Motion Carried.
CONSENT AGENDA
Approval of Minutes
Motion by Williams, second by Jindra, to approve the minutes from the regular meeting of
January 28, 2003 and the special meeting of March 10, 2003 as presented in writing. All ayes.
Motion Carried.
Housing & Redevelopment Authority Minutes
April 15, 2OO3
Page 2 of 6
REPORT OF MANAGEMENT COMPANY
Jones stated effective April 1, 2003 their office will be accepting merchandise deliveries for
residents again. Incident reports will be available for residents. He is excepting bids for elevator
maintenance, and LBP mechanical will replaced storage tanks on April 9th.
Nawrocki asked, how will residents know when a package has been delivered for them. Jones
stated the delivery drivers know to place a message on the residents, mailbox stating there is a
package for them in the office. Ericson asked how residents think this procedure is working.
Renie Sufka, Unit 104, indicated the procedure seems to be working well and hasn't heard of any
complaints from other residents.
Shirley Barnes, CEO, Crest View Corporation gave the results of the Management Services
Survey that was delivered to residents in March. There were 88 residents that returned the
survey, which is 60% of all the apartments. The average satisfaction rating and the rating given
to the question '7 would recommend Parkview Villa to others" was 3.4, there was a satisfied
rating of 3.1, no questions below a 3. ! rating and the highest average was 3.5. The overall HUD
score for the North building was 96c on a l OO point rating system.
Nawrocki stated in the last management report it said there was no response from the waiting
list for 4607 Tyler Street and asked what the process is for calling prospective renters. Jones
stated the problem he was talking about was because the rent increased the first of the year to
$600 per month for any new residents. All of the people on the waiting list were not interested in
renting the unit for $600 a month. The HRA directed staff to advertise in the Star Tribune and
eventually the unit was rented.
Resident, Priscilla Cross, Unit 303, stated she was on the waiting list for Tyler and was never
contacted and suggested that the people on the waiting list be given something to sign that says
they turned it down. Jones stated her husband Bill, said he would talk to her, but didn't feel that
it was affordable. Jones indicated he never heard back from them. In regards to the issue of
signing a paper that they aren't interested in the unit presented at the time of rental would be
hard to due as his instructions are to fill the unit as quickly as possible. He contacts the first
person on the waiting list and allows three days for a response.
Ericson stated she appreciated the timing that Crest View staff puts forth in getting the
apartments rented quickly.
Nawrocki stated he is concerned that residents of Columbia Heights aren't getting first choice of
the available units, asked if there is any homeless residents in Parkview Villa and when policies
were changed to allow disabled adults in the north building. Barnes stated Parkview Villa North
has both seniors and disabled young adults per HUD regulations. Nawrocki requested staff
provide documentation of the change in HUD requirements. Staff will provide documentation of
the disability change.
Housing & Redevelopment Authority Minutes
April 15, 2003
Page 3 of 6
CITIZENS FORUM
Renie Sufika, Unit 104, indicating the furniture was ordered months ago for the building and
was told they wouldn't be able to get it because the money had to be used on the water heaters.
Nagel stated the furniture will be ordered after the hot water heater and re-roofing projects are
finalized.
ITEMS FOR CONSIDERATION
SALE OF 4607 TYLER STREET
Nagel stated staff was directed to check into what non-profit organizations would be willing to
pay and their interest in purchasing 4607 Tyler Street. Staff contacted various non-profit
organizations, some weren't interested in that small of a building. Staff did receive three,
qualified bids; 1) the Minnesota Housing Resources of St. Paul at $160,000; Agape New Life
Missions of Minneapolis at $102, 000 and an independent housing consultant, Curt Bennett at
$100,000. They all stated they would keep the rents at a low to moderate income level, which
will meet our HOME and CDBG requirements for selling the unit without returning the funds
borrowed to purchase the building. Nagel passed out a revised bid from Agape for $170, 000,
received by staff this week. Since 1995, rents have remained at $350/month until January 1st of
this year where the board voted to increase rents for any new vacancies to $600/month, which is
still lower than the HUD minimum of $912/month under their guidelines. Staff recommends the
HRA authorize staff to negotiate a purchase agreement with Minnesota Housing Resources of St.
Paul
Nawrocki asked what was on the bid specifications and requested to see a list of businesses staff
contacted. Nagel stated staff did not send out a bid package but, called the various local
agencies to see if they were interested. Streetar stated staff told each bidder the minimum bid
would be $102, 000.
Dave Engstrom, Minnesota Housing Resources, based their bid on a proforma of $650/month,
and are willing to work with the City to keep the rents at the current $600/month. Currently they
manage 100 units, which are all low to moderate income. Minnesota Housing Resources has 30
units in Scott County, 10 units in Woodbury, they are working with Moundsview, North and
South St. Paul, and Minnetonka where they own and manage buildings.
Terry Stacy, Agape New Life Missions, stated he missed the original bid due date, but submitted
a bid at $102,000. He didn't understand that $102,000 was the minimum bid amount. Therefore,
he submitted the revised bid this week of $170,000. In the 80 's and 90 's they owned some
properties in the inner cities, helping low income and homeless people with housing, ran some
homes for the mentally impaired and would like to purchase 4607 Tyler, keep the rents down and
provide a good atmosphere to live in. They recruit renters by working with Section 8,
individuals in the inner City and other local organizations.
Resident, dulienne Wyckoff asked if the City would go out for bids, do they have to except the
highest bidder. Streetar stated that would be the choice of the Board.
Williams, Ecklund and Kelzenberg felt a formal bid should go out and dindra felt we should
negotiate an agreement with Minnesota Housing Resources. Fehst indicated this item has come
Housing & Redevelopment Authority Minutes
April 15, 2003
Page 4 of 6
before the board many times and felt staff has provided sufficient information without going out
for formal bids.
Nawrocki stated the Board could: 1) reject the proposals and go out for more formal bids; or 2)
direct staff to work with the Minnesota Housing Resources to incorporate our conditions into an
agreement and check into their current housing scores from HUD.
Ericson stated there is two fundamental questions to address; 1) is this a commitment we want to
make to sell the property; and 2) if we make the commitment, should we except any of the three
proposals submitted.
MOTION by Nawrocki, second by Kelzenberg, to authorize staff to negotiate a purchase
agreement with Minnesota Housing Resources, Inc. that spells out the conditions of the sale with
the HRA and upon approval by CBDG and HOME program administrators.
Upon Vote: Ecklund- Aye, Nawrocki- Aye, Ericson- Aye, Kelzenberg- Aye, Williams- Nay,
Jindra- Aye. Motion Carried.
PARKVIEW VILLA SOUTH RENT RECOMMENDATIONS
Streetar stated the HRA Board asked staff to look at a rent structure for Parkview Villa South
that meets current market rent and allows revenues to meets today's requirements. Staff asked
Shirley Barnes, CEO Crest View Corporation to provide information on current rent structures.
Barnes stated she contacted owners of the "Willows" and "Savannah Oaks" senior complexes
for comparisons in Anoka County. The Parkview Villa South one bedroom is $250 to $425 and
the two bedrooms are at $325-$500/month, which is significantly lower than the rent structure
at the Willows. There is a total of 45 apartments in the south building, two of the two bedroom
units are at the maximum amount of $5OO per month, and two of the two bedrooms ranging from
$438 to $442. Currently, nine of the one bedrooms are at the maximum rent of $425 and twelve
of the one bedrooms are at the minimum rent of $25O per month. In all of the cases she used
ranges in order to keep the identity of individual residents private.
Barnes recommended beginning on January I, 2005 rents be increased to $450 for a one
bedroom and $525 for a two bedroom, plus inflation and each year following, the rents should
be adjusted in relation to operating expenses. She stated she would not recommend evicting
anyone but, to work with them to find alternative housing. If rents are increased as proposed the
annual additional revenues would be as follows: in 2004 it would be $233,100 or $48,588; in
2005 it would be $246, O0 or $62,08& and in 2006 it would be $266,124 or $81,612.
Ericson asked if there is anyone in the north building that pays more that $250/month. Jones
stated yes, there is. Ericson stated that means some of the renters in the North building are
paying more than the south building and felt that a better rent structure should be put into place.
Nawrocki asked what the criteria for the minimum and maximum income amounts are. Jones
stated 40% of the residents in the North building have to be at a low income, with a maximum of
$16,000 to $17,000. The minimum amount set by the HRA is $50.00. Barnes and Jones were not
sure of the maximum amount, but will check and advise the board.
Housing & Redevelopment Authority Minutes
April 15, 2003
Page 5 of 6
MOTION by Nawrocki, second by Ericson, to table this item until the July HRA meeting where
Crest View can obtain more information and notify the tenants of the South building that there
will be a rent increase in the future, listing the possible rent amounts and to let them know that
Crest View and the HRA will work with them to accommodate their needs for housing. All ayes.
Motion Carried.
NEW MANAGEMENT BIDS FOR PARKVIEW VILLA NORTH AND SOUTH
BUILDINGS
Nagel stated the Management Agreement with Crest View ends on June 1st, 2003. Therefore, has
drafted an RFP for Board review, setting a pre-submission conference on May 6th, proposals due
on May 14th at 4:00pm, and the final selection on May 21st in order for the contract to start on
June Ist. HUD will also have to approve the contract.
Ericson asked how 4607 Tyler should be listed on the management contract bids. Fehst stated it
should be an optional item.
Nawrocki stated the following changes should be made to the RFQ: O on page 5, item 2, it
should read the proposer will retain the responsibility for screening and assigning residents; 2)
page 5, item 6, the amount of $100, 000 is too high and should be correcte& 3)page 6, under d,,
number 1, the last sentence should be remove& 4) page 7, B the 30 day notice should be changed
to a 60 day notice; 5) page 9, C, tenant selection, should be changed to the proposer not agency;
6)page 13, V, 4607 Tyler should be listed as an optional or a separate bi& and 7)page 13, VI,
Disclaimer, we should not reject any bids.
Nawrocki felt we need a more meaningful bidding processes and asked Barnes if Crest View
would be willing to extend their contract for a period of one year with a 60 day termination
clause. Barnes stated they could extend the contract.
MOTION by Nawrocki, second by Williams, to authorize staff and the Chair to sign an
amendment to the Crest View Management Contract extending the present agreement for one
year with a 60-day cancellation clause. All ayes. Motion Carried.
MOTION by Nawrocki, second by Kelzenberg, to direct staff to make the requested changes to
the RFQ and provide the Boardmembers a copy for comments prior to sending it out sometime in
early May with a 45 day deadline for submittal. All ayes. Motion Carried.
APPROVE RHA ARCHITECTS~ INC. CONTRACT ADDENDUM
Nagel stated the HILl has a current contract with RHA Architects, Inc. for the re-roofing project,
which is almost complete. The addendum to the contract for $750 is for additional work
necessary.
MOTION by Williams, second by Jindra to Approve the Contract Addendum with RHA
Architects, Inc. in the amount of $750; and direct staff to process the payment when HUD
approves the revision to the 2003 PHA Operating Budget. All ayes. Motion Carried.
Housing & Redevelopment Authority Minutes
April 15, 2003
Page 6 of 6
APPROVE CONTRACT AGREEMENT WITH LBP MECHANICAL~ INC.
Nagel stated one of the water heaters at Parkview went out in January and another one sprung a
leak shortly after, which left only one working for the entire North building. Cost of replacement
for the water heaters was just under $15,000, so staff solicited bids. Three of the bidders
declined. LBP Mechanical Inc. was the low bidder that could replace the water heaters in a
timely matter. The bid was for two, 350-gallon water heaters. Because this was an emergency,
the work was done last week.
MOTION by Williams, second by Nawrocki, to Approve the Contract with LBP Mechanical
Inc. for emergency replacement of Parkview Villa North Water Heaters in the total amount of
$14,970; and furthermore, to authorize the Chair and Executive Director to enter into an
agreement for the same. All ayes. Motion Carried.
ADMINISTRATIVE REPORTS-None
ADJOURNMENT
Motion by Jindra, second by Kelzenberg, to adjourned the meeting at 9:12 p.m.
Respectfully submitted,
Cheryl Bakken
Community Development Secretary
H:~IRAMinutes 2003\4-15-2003
II II
Parkview Villa Housing Complex
965 N.E. 40th Avenue, Columbia Heights, MN 55421
(763) 706-3800 Fax (763)788-3978
DATE:
AUGUST 1, 2003
TO:
Bob Streetar; Community Development Director
Shirley Barnes; Chief Executive Officer; Crest View Corporation
Commissioners; Columbia Heights HRA
Board of Directors; Crest View
FROM:
William Jones, Housing Administrator
July Management Report for Parkview Villa & 4607 Tyler
LBP will be reparing five of the exhaust units on the North side roof.
We will be accepting bids for Elevator Maintenance for Parkview Villa North
The painting is complete in the south building.
We will be accepting bids to install new carpet in the South building hallways.
OCCUPANCY:
4607 Tyler
4 Move out date August 1, 2003
All Units Rented
NORTH BUILDING
105 Move out date June 30,2003
402 Move out date August 2,2003
612 Move out date July 31,2003
706 Move out date May 31,2003
711 Move out date June 26,2003
704 Move out date September 1,2003
SOUTH BUILDING
419 Move out June 30,2003
322 Move out August 31,2003
Waiting list totals are as follows:
Parkview Villa North
20 CH Residents
39 Non-residents
Move in August 5,2003
Move in August 7,2003
Move in August 7,2003
Move in June 30,2003
Move in July 7,2003
Move in July 11,2003
4607 Tyler
4 CH Residents
9 Non-residents
Parkview Villa South
24 CH Resident
16 Non residents
Equal Housing Opportunity Agency
Owned by the City of Columbia Heights HRA
Managed by Crest View Management Services
EQUAL HOUEINQ
OPPORTUNITY
PARKVIEW VILLA MONTHLY UPDATE
RESIDENT COUNCIL'NEWS
Thc next Resident Council meeting
will be Monday, August 11, 2003 at
7:00pm in Community Room.
HRA MEETING
Tile next HRA Meeting will be
August 19, 2003. Hope to see
you there.
Pet Policy
The City of Columbia Heights
requires all dogs and cats over 6
months .old to be licensed.
S OK G
Please remember there is n° smoking
in the common areas of this building.
Also please remind all of your visitors
of this role.
Maintenance Issues
If};ou have a maintenance issue after
5:00p.m. you must call 763-706-3800
thank you.
LAUNDRY ROOM 'GUIDELINES
Please be sure to clean both the
washe"rs and dryers when you are done
usihg them. Don't leave a mess for the
next person.
c0 - ON CU OELINES
Absolutely, no alcoholic beverages in
thc Common areas. Bc sure that your
visitors are' aware of this.
COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT AUTHORITY (HRA)
Meeting of: August 20, 2003
AGENDA SECTION: Public Hearings ORIGINATING EXECUTIVE
NO: ~, ~ DEPARTMENT: HRA DIRECTOR
APPROVAL
ITEM: Sale of 4607 Tyler Street BY: Mark Nagel BY:
DATE: August 1, 2003
BACKGROUND: At the April, 2003 meeting, staff was authorized to negotiate a Purchase
Agreement with Minnesota Housing Resources for $160,000 with the requirement they would keep
the rents at or below HUD guidelines. This stipulation was made as HUD funds were used in the
extensive rehab of 4607 Tyler in 1995. Given this stipulation, the appraisal set the value of the
property at $160,000, so the HRA's goals of selling the property for it's market value, while keeping
the 4-plex affordable have been met by this Purchase Agreement. The final draft, which was
completed by the City Attorney's Office, is attached for your consideration. It has been signed by
Minnesota Housing Resources, Inc.
According to the City Attorney a Public Hearing needs to be held prior to the consideration of the sale
of 4607 Tyler Street. As you can see from the attached legal ad, the Public Hearing was advertised in
the Focus Newspaper on Thursday, August 7th. Upon completion of the public hearing, the HRA can
continue with the sale of the property.
If the sale is approved, a closing will be set within 45 days to complete the transaction. The HRA
would receive the $160,000 and be able to retain the approximately $40,000 in reserves for building
improvements, which could then be used for other community development purposes.
RECOMMENDATION: Staff recommends Board approval of the Purchase Agreement with
Minnesota Housing Resources for the sale of 4607 Tyler Street.
RECOMMENDED MOTION: Move to close the public hearing.
RECOMMENDED MOTION: Move to approve the sale of 4607 Tyler Street to Minnesota Housing
Resources for $160,000 with the stipulations outlined in the Purchase Agreement; and furthermore, to
authorize the Chair and Executive Director to enter into an agreement for the same.
Attachment
HRA ACTION:
h:\HRA Consent2003\Sale of 4607 Tyler
Minnesota Housing Resources,l mmInc.
July 15, 2003
Robert Streetar
City of Columbia Heights
590 - 40th Ave. N.E.
Columbia Heights, MN 55421
Dear Mr. Streetar,
I have received the letter from Mark Nagel dated July 11, 2003 regarding the property
located at 4607 Tyler Street NE in Columbia Heights. Minnesota Housing Resources,
Inc. is still interested in purchasing this property and I have enclosed a signed purchase
agreement that was drafted by the City of Columbia Heights. Enclosed is also a check in
the amount of $500 (five hundred dollars) as earnest money for that purchase.
As you will note on the purchase agreement, two blanks were not completed. One blank
is for where the earnest money will be held. I assume that the City of Columbia Heights
will want to hold this money, but I am open to other suggestions. The second blank is for
the location of the closing. I would like to close on the property as soon as pbssible, but I
also understand the re-financing market may limit when the transaction can close.
If you have any questions, please feel free to contact me at your earliest convenience.
Sincerely,
Kristine L. Madson
President, MHR
400 Selby Ave., Suite G-1 e St. Paul, Minnesota 55102
Phone: 651-298-1903 e Fax: 651-298-1077 * T011 Free: 1-877-484-5614
www. mhrinc.net
OPPORTUNITY
ii --;-_--.'MINNESOI~A~ J4OUSING RESOURCES . ~. o~o4~ 1
............. 372 ST;~ETER ST. SUITE 202D .. . ~
.==__-_=;_:~..-_._~:,-.=,:,^~[;_:.,,.,.-?,o,;.,~,:,, :.~- - ,:,,,-~' dot,, 15, :.o~" .._ -':.
ORDER OF
' LIBEI~~ST.~.TE ~
SAINT PAUL. MI~I 5~ ! 04-6338
'~:Oq&OOOTB~: ON ~Oh
PURCHASE AGREEMENT
RECEIVED OF Minnesota Housing Resources, Inc. (hereinafter referred to as the
"Buyer") the sum of I:'~/E I-lv~.ll~l~-l:~ ~o [IAlt% ,n- nO/ot~ Dollars
($ 5'00. ~ ) cash to be held in the trust account of , as
earnest money and in part payment for the purchase of property set forth below situated in the
City of Columbia Heights, County of Anoka, State of Minnesota, all of which property the
Housing and Redevelopment Authority of the City of Columbia Heights (hereinafter referred to
as the "Seller") has this day sold to the Buyer for the sum of One Hundred Sixty Thousand
Dollars ($160,000.00), which shall bepayable at closing.
1. Offer/Acceptance. Buyer offers to purchase and Seller agrees to sell real property legally
described as:
North one half (1/2) of Lot Seventeen (17) and all of Lot Eighteen (18), Block
Two (2), Sheffield's Second Subdivision, Anoka County, Minnesota.
(PIN #25-30-24-33-0033) (4607 Tyler Street NE)
2. Closing. The closing shall be conducted at the offices of
The closing shall be conducted within ~ days of execution of this Agreement.
3. Taxes and Special Assessments. Real estate taxes due and payable in and for the year of
closing shall be prorated between Seller and Buyer on a calendar year basis to the actual date of
closing, unless otherWise provided in this Agreement.
On the Date of Closing, Seller shall make full payment of all outstanding balances
(including installments due in future years) for levied special assessments, including any
installments of special assessments certified for payment with the real estate taxes due and
payable in the year of closing. Seller shall pay on Date of Closing all other special assessments
levied as of the date of this Agreement. Seller shall provide for payment of special assessments
pending as of the date of this Agreement for improvements that have been ordered by the City
Comae.il or other governmental assessing authorities. (Seller's provision for payment shall be by
payment into escrow of 1 lA times the estimated amount of the assessments).
As of the date of this Agreement, Seller represents that Seller has not received a Notice of
Heating of a new public improvement project from any governmental assessing authority, the
costs of which project may be assessed against the Property. If a special assessment becomes
pending after the date of this Agreement and before the Date of Closing, Buyer may, at Buyer's
option:
a. Assume payment of the pending special assessment without adjustment to the
purchase agreement price of the Property; or
b. Require Seller to pay the pending special assesSment (or escrow for payment of
same as provided above) and Buyer shall pay a commensurate increase in the purchase price of
the Property, which increase shall be the same as the estimated amount of the assessment; or
c. Declare this Agreement null and void by notice to Seller, and earnest money shall
be refunded to Buyer.
Seller shall pay on Date of Closing any deferred real estate taxes or special assessments
payment of which is required as a result oft. he closing of this sale.
4. Delivery of a Deed. Subject to performance by the Buyer, Seller agrees to execute and
deliver a Quit Claim Deed at closing conveying rifle to said premises.
5. Examination of Title. Within a reasonable time after acceptance of this Agreement,
Buyer shall, at Buyer's own expense, make an application for a Title Insurance Policy and notify
Seller of the application. Buyer shall have ten (10) business days after receipt of the
Commitment for rifle insurance to provide Seller with a copy of the Commitment and written
objections. Buyer shall be deemed to have waived any rifle objections not made within the
applicable ten (10) days period for above.
6. Tire Corrections and Remedies. Seller shall have 120 days from receipt of Buyer's
written title objections to make title marketable. Upon receipt of Buyer's rifle objections, Seller
shall, within ten (10) business days, notify Buyer of Seller's intention to make title marketable
within the 120 day period. Pending correction of title, all payments required herein and the
closing shall be postponed. Seller shall be liable for any and all expenses related to the
correction of rifle, including, but not by way of limitation, costs in bringing an action in
Proceeding Subsequent, court costs, attorneys fees and recording fees.
If Seller does not give notice of intention to make title marketable, or if notice is given
but the 120 day period expires without the title being made marketable, Buyer may (a) proceed
to closing with waiver of said objections; or Co) cancel the Purchase Agreement by notice as
provided herein, in which case the Purchase Agreement shall be null and void and all earnest
money paid hereunder shall be refunded to Buyer.
IT IS ACKNOWLEDGED THAT TIME IS OF THE ESSENCE HEREOF.
7. Seller's Covenants.
a. Seller covenants that all buildings, if any, are entirely within the boundary lines of
the property and agrees to remove all personal property not included herein and all debris
from the premises prior to possession date.
b. Seller covenants that all existing leases, whether oral or written, have been
disclosed to Buyer and that all copies of all written leases have been provided to Buyer
for Buyer's review.
8. Possession. Seller agrees to deliver possession on the date of closing.
9. Fire Damage. In the event of any damage prior to closing to the subject properties and
improvements thereon or the personal property due to fife or other casualty, Seller shall promptly
notify Buyer and Buyer may, within ten (10) days after notification, elect to terminate this
Purchase Agreement, in which event Buyer's earnest money shall be returned forthwith. Buyer
and Seller shall be released from any further liability hereunder and this Purchase Agreement
shall be null and void. If Buyer does not elect to terminate this Purchase Agreement, this
Purchase Agreement shall remain in full force and effect and at closing Seller shall assign Buyer
all Seller's fight, title and interest in and to any insurance proceeds paid or payable for such.
damage, but the amount of assignment due from Seller shall be limited to the purchase price as
set forth herein.
10. "AS-IS" Condition. Buyer agrees to purchase the property in "AS IS" condition.
11. Buyer's Covenants.
a. Buyer covenants and hereby agrees that it will maintain and lease the subject
property within the income and rental guidelines imposed under both the HOME program
and the Community Development Block Grant program (CDBG) as those programs are
administered through Anoka County.
b. Buyer further covenants and hereby agrees that if it ever fails to meet the above
restrictions, then any payback obligation to the Department of Housing and Urban
Development (HUD) triggered by such failure would be the sole obligation and
responsibility of Buyer. Said obligation would be considered an event or transaction after
the date of closing and subject to indemnification pursuant to paragraph 12 herein.
c. Buyer covenants and hereby agrees that if it sells the subject property or assigns
the game to a different entity or individual, it will obligate such buyer or assignee to
maintain the above HOME program and CDBG restrictions. Failure to do so would be
considered an event or transaction after the date of closing and subject to indemnification
pursuant to paragraph 12 herein.
12. Acceptance. Buyer acknowledges that this Purchase Agreement can only be accepted by
Seller through proper action taken by the Housing and Redevelopment Authority for the City of
Columbia Heights in strict accordance with the provisions of the Charter for said City, any
relevant city ordinances, and any relevant statutes of the State of Miunesota. Therefore, this
Purchase Agreement is expressly conditioned upon and shall not become binding, and neither
party shall acquire any rights hereunder until such time as proper approval has been obtained
from the Housing and Redevelopment Authority.
13. Indemnification. Except as specifically provided otherwise in this PurChase Agreement,
Seller shall indemnify and hold Buyer hanuless from and against any and all loss, cost, damages,
injury or expense arising out of or in any way related to claims for injury to or death of persons,
damage to property or contract liabilities associated with the ownership or operati.on of the
property or the business conducted thereon, arising out of eVents or transactions before the date
of closing. Except as specifically provided otherwise in this Purchase Agreement, Buyer shall
indemnify and hold Seller harmless from and against any and all loss, cost, damages, injury or
expenses arising out of or in any way related to claims or injury to or death of persons, damage
to property, or contract liabilities associated with the ownership or operation of the property or
the business conducted thereon, arising out of events or transactions after the date of closing.
14. Survival of Warranties. Ail covenants, representations and warranties herein made shall
survive the closing hereunder, and the truth and accuracy of the same as of the closing date shall
constitute conditions of the obligations of the party entitled to rely on the same, to close
hereunder and to pay the purchase pr/ce herein provided for, any of which conditions, however,
may be waived by the party entitled to the benefit thereof, in whole or in part at such pm-ty's
option.
15. Severabili _ty. The invalidity or unenforceability, of any provision in this Agreement shall
not in any way affect the validity or enforceability of any other provision and this Agreement
'shall be construed in all respects as if such invalid or unenforceable provision had never been in
the Agreement.
16. Minnesota Law to Govern. This Agreement shall be interpreted and enforced in
accordance with the Laws of the State of Minnesota.
SELLER:
Housing and Redevelopment Authority of
The City of Columbia Heights
Dated: By:
Its:
Dated: By:
Its:
BUYER:
Dated: ~td,~/.(.,~ 0 3
Dated: %[5~ ~003
Minnesota Housing Resources, Inc.
Its:
Its: C ~ O
4
COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT AUTHORITY (HRA)
Meeting of: August 20, 2003
AGENDA SECTION: Items for Consideration ORIGINATING EXE~UTIVI~ DIRECTOR
NO: r-/_ fi DEPARTMENT: HRA APPROVAL
ITEM: Approve Management Services BY: Mark Nagel BY:
Agreement DATE: August 10, 2003
BACKGROUND: Staff received five proposals for the three-year contract to manage Parkview Villa
North and South. Bids were received from Stuart Management Corporation, Crest View Management
Services, Walker ElderCare Services, Steven Scott Management, Inc. and CommonBond Communities.
Each of the five would likely be approved by HUD, which means the HRA has received proposals from
five very good management companies.
HRA Board members have received copies of the proposals and scoring sheets. Based on the analysis,
any of the five companies could successfully manage Parkview, as all are experienced in managing senior
facilities and all have good financial systems that could be adapted to HUD Public Housing budgeting.
Although Crest View is the only company that actually has public housing management and accounting
experience, they all have competent staff that would work well with senior citizens. Crest View is the
only company with an on-site manager that is a certified Public Housing Manager. All could bring extra
services to PVVN/S that seniors might utilize to make their living experience better.
The cost is the main differentiating factor between the proposals. CommonBond Communities bid
management at $78,840 per year, plus the cost of on-site staff, which currently totals $160,000. Stuart
Management Corporation bid management fees of between $20,000 and $45,000, plus the cost of on-site
staff. Neither of these companies provided this cost data in their original proposals, simply noting they
wanted to "negotiate", and both are higher than the other proposals. Steven Scott Management would take
its $65,000 management fee out of the existing $164,188 per year on-site management budget. This
leaves the question of whether or not the same level and quality of service can be provided to residents for
$100,000. Crest View and Walker ElderCare would provide the same level of service as currently exists
for about the same price. Then to include 4607 Tyler Street, the cost proposed for 2003-04 by Crest View
is $169,199, while Walker is at $169,950. The difference between the two proposals is that Crest View is
for three years, while Walker gave figures for only the first year. Crest View scored a little higher because
of their direct public housing experience both in management and HUD financial systems. NOTE: Please
bring your Management Services Bid Packets with you to the meeting.
RECOMMENDATION: Staff recommends Board approval of the three-year management services
contract with
RECOMMENDED MOTION: Move to Approve the 3-year Management Services Contract for
Parkview Villa North and South with ; and
furthermore, to authorize the Chair and Executive Director to enter into an agreement for the same.
HRA ACTION:
h:\Parkview Villa2003\Management Bid Contract
COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT AUTHORITY (HRA)
Meeting of: August 20, 2003
AGENDA SECTION: Items for Consideration ORIGINATING EXECUTIVE
NO: ~. I~ DEPARTMENT: DIRECTOR
Community Development APPROVAL
ITEM: Approve Architectural Services Agreement BY: Mark Nagel BY:
DATE: August 1, 2003
BACKGROUND: As has been noted in previous "Green Sheets", staff has begun the process of the
Parkview Villa North Apartment Modernization Project that was identified as a priority in the 15-Year
Capital Improvement Plan for Parkview Villa. As you may recall, the 2003 Capital Fund Program
budgets $92,800 for this purpose, along with $25,200 remaining in the 2002 Budget, giving the HRA
approximately $118,000 to begin the first phase of this work.
In order to complete this work according to HUD specifications, $13,000 has also been allocated in
the 2002 and 2003 Capital Fund Program Budgets for architectural services to work with the HRA
and residents on project phasing and specifications for the work to be done to update each apartment
unit. Staff obtained a list of architectural firms from HUD qualified to work on modernization
projects and mailed an RFQ letter to them with a response due by Friday, July 11th. Three complete
responses were received; BWBR Architects, Blumentals/Architecture, Inc, and Daniel K. Duffy
Architects, Inc. All of the companies met HRA needs, but two of the bids; Blamentals~and Duffy did
not include reimbursable, which could lead to going over the $13,000 budget. All three are attached
for your information and review.
Based on the Scope of Services to be provided, the need to work with a task force of HRA members,
residents and the experience of the firm in modernization projects, the staff evaluation of the
proposals ranked BWBR Architects as the most comprehensive in completing the first phase of the
project. The timeline, assuming HRA approval, is to be bidding the first phase of the project by the
end of the year to take advantage of lower modernization costs, as this is "inside" work during the
winter.
RECOMMENDATION: Staff recommends the Board Approve the Agreement with BWBR
Architects for the Parkview Villa North Apartment Modernization Project.
RECOMMENDED MOTION: Move to Approve the Architectural Services Agreement with
BWBR Architects for the Parkview Villa North Apartment Modernization Project with the amount
not-to-exceed $13,000; and furthermore, to direct the Chair and Executive Director to enter into an
agreement for the same.
Attachments
HRA ACTION:
h:\Parkview2003/Architectural Services Agree.
BWBR
June 30,2003
Architecture · Interior Design
Lawson Commons
380 St. Peter Street, Suite 600
Saint Paul, ,MN $Sl02-1996
651.222.3701
fax 651.222.8961
Mr. Mark Nagel
Community Development Department
Columbia Heights City Hall
HRA Board of Commissioners
590 40th Ave NE
Columbia Heights, NIN 55421
Re: Parkview Villa North
Public Housing Modernization Proposal
Dear Mark:
BWBR Architects is pleased to submit this proposal to assist you and the City of
Columbia Heights in the interior renovation of a City-owned apartment building.
SCOPE OF SERVICES
BWBR
proposes to provide the following services:
Meet with City administration and HRA to discuss project scope,
schedule, and budgets.
· Tour and photograph the existing building to establish an understanding
of the general composition of the building and individual un/ts.
· Measure and photograph a typical individual unit.
· Develop an AutoCAD typical unit floor plan and overall reference plan of
a typical floor.
· Develop a unit renovation criteria plan and checldist to allow I-LKA
representatives to inspect each unit and establish the renovation scope for
each unit.
· Assist HRA in evaluating one typical floor based on the criteria, plan, and
checklist.
· Develop two complete material and color palettes from which one will be
selected as the standard for all units.
· Meet with HRA representatives to review checklist, plans, materials, and
color palettes prior to meeting of Residents' Council.
· Meet with Residents' Council and HRA to review project and select £mal
material and color palette.
· Develop renovation component cost estimate.
· Develop renovation plans, materials, and details.
· Meet with HRA representatives to review final plans and cost estimate.
· Assist in bid document distribution.
· Review submittals for compliance with specifications.
· Two site visits during the initial renovation.
www. bwbr. com :.
NLr. Mark Nagel
Community Development Department
Public Housing Modernization Proposal
Page 2
PROJECT UNDERSTANDING
The following is our understanding of the e~sting conditions and the Owner's stated
parameters for this project.
· 101 1-bedroom apartments, all identical and all within a single 9-story
building.
· Renovation plans are for apartments only and do not include any public or
exterior areas or building exteriors.
· All units are occupied and renovations will occur during occupancy.
· The annual renovation budget is $80,000 which will be implemented over
5-10 years..
· Columbia Heights will administer the contract for construction and accept
bid proposals.
· Interior finish/material renovations include, but are not limited to, carpet,
resilient flooring, paint, cabinets, doors, and appliances.
· Interior finish/material renovations do not include windows, showers,
toilets, window treatments, or furniture.
· The initial scope of work including the unit renovation would be
accomplished in one year or less.
COMPENSATION
BWBR proposes to provide the scope of work described above for a fixed fee of
$13,000 (thirteen thousand dollars), including reimbursable expenses.
In addition to the scope described above, BWBR proposes to assist the list of Columbia
Heights annually by providing 48 hours of consultation for a fee of $6,000 (six thousand
dollars) to evaluate the renovation scope, recommend modifications to the material and
criteria, and assist the city in establishing the annual scope of work and observe
construction as required. This fee will be renegotiated annually to reflect annual salary
increases for BWBR staff.
SCHEDULE
It is our understanding that it is the City's desire to complete the scope of work
described above, except the actual unit renovation between August 2003 and December
2003. BWBR can and will meet this schedule.
2 July, 2003
BWBR Architects, Inc.
2003 June 30-Mark Nagel.doc
Mr. Mark Nagel
Community Development Department
Public Housing Modernization Proposal
Page 3
OTHER TERMS
Payments for professional services rendered and for reimbursable exTenses will be due
upon receipt of BWBR's invoice. A service charge of one percent (1%) per month will
be assessed on outstanding invoices past thirty days from date of billing.
This Agreement may be terminated by either party upon seven (7) days written notice.
In the event of termination, BWBR shall be compensated for all services performed
prior to the termination date, together with reimbursable expenses.
This letter is the entire Agreement between the Owner and BWBR. Changes or
additions to this Agreement must be in writing and must be signed by both the Owner
and BWBR.
Mark, thank you for the opportunity to submit this proposal. We value our relationship
with you and would very much appreciate the opportunity to work with you on this
project. If this Agreement is acceptable, please sign, date, and return one copy to us,
retaining the other copy for your file. If you have any questions, please feel free to
contact me at (651) 290-1935.
Respectfully submitted,
Accepted:
BWBR ARCHITECTS, INC.
Stephen P. Patrick, ALA
Principal
Attachment: Work Effort
CITY OF COLUMBIA HEIGHTS
HOUSING & REDEVELOPMENT AUTHORITY
Tammera Ericson, Chair
Walter R. Fehst, Execut,ive Director
c: Steve Erickson, BWBR
Date:
/ak
2 July, 2003 B\VBR Architects, Inc. 2003 June 30-Mark Nagel.doc
,,ui. 7. 2003
C
5:20PM BLUMENTALS ARCHiTECTdRE D BARN
BI u menta I s/Arc hitecture Inc
No.49)9
P. 2
July 7, 2003
~'msen B,h~lenlall~, t'AIA
hesJdtnl
Janis Blumenhsls, AM
Chief besut~e Office~
John Klockeman, AM
James Moy, AM
Vice I~sident
amd~ Cemer. Mil
5S431.~le$
;&1.,S11.5757
763.5il.2t14 KX
inl~elllfll ~.11 iI s,.cm
Mr. Mark Nagel
City of Columbia Heights
Housing and Redevelopment Authority
590 40e' Avenue NE
Columbia Heights, MN 55421
Dear Mr. Nagel:
It wm a pleasure meeting with you recently and discussing your upcoming project of the
rehabilitation of the first phase of units at Park View Villa.
Please find attached our proposal for professional design services for that project's first phase..
Please note that the tOl~ I~?ion of the form down to the SUB-TOTAL FOR DE,SIGN &
COF4STRUCTION DOCUMENTATION PliASES would be the initial charge for the production of
the project manual for currem use. This manual, as we showed you during your visit, is a self.
contained 8.5 x 11 booklet induding all documems necessary for the proiect construction.
Subsequent reissuing, with updates, of the project manual for future phases would be negotiated
at a lower fee at the time each future phase commences.
The bottom portion of the proposal BIIDING & CONSTRUCTION ADMINISTRATION is also o
reflection of the first phase time requirements. Subsequent phases for this portion of the fee
would also potentially be less, but wo~id be based on the historical evidence of the experiences
gained in tim first phase~ The potential reduction of these fees world not be as significant as
those noted above.
Please do not hesitate to call me if you have any questions relating to this proposal. We look
forward to establishing a long-term working relationship wrth your lIRA.
1 ,,,* -'-"'
//~.xecutive V'me President
Blumentals/Architecture Inc
'"'lC)
Blumenta Is/Architecture Inc
No,49i9
DATE Ju~y ?, 2003
SCOPE OF WORK / BUDGET FOR PROFESSIONAL SERVICES
FOR Columbia Heights Housing crud Redevek~oment Authodt¥
ITEM
Dean
I Services t~ Date
2 Survey,
3 ,Soll B0~lnlls
4 ,Schematic Design
6 PreMmm~ Drawings
e City M~eti,~s
9 Rezonano / Variances
IO Repeat Presemmiam
11 Malor Rev;dons
12 Oudbm Specs / ~m~ Seba~
13 AA & E Craerla
14 Co~dlnallng Mtg & Admin
15 Ravle~s & Che&i~l
Sub Total
Total
DESCRIPTION
Add.mm Charge / 87 Owner
3 meetings w'dh
./^
Not included
N/A
N/A ,
# UNITS RATE
16
18
HR$ x S 825
HR; x $ 82 $
HRS x $ 8; $
BUDGET
1,312
1,476
738
656
5%
.4,1.82
209
4,391
C3v~
tandscope
Medmnical
EJectdcal
Other
17 Arc--mi Consl~ Dwell
21 Travel Experae~
Sub Total
W^
Billed as Re;mbmsabb
Billed as Relmbwmble
Tetal
SUG-TOTAl. FOR I~SK~N & CONSTRUCTION DOCUMENTATION PHASES
4O
5%
HRS x ,$ 74 ~
HRS x $ 82 ~
HR$ x $ 82 $
$
656
328
,3~944,
197
4.141
8,532
26 Teflam improvemems
28 Dacorafi,~
29 ~rke,,~ ~
Sub total
HRS ~ $ 82
7 $ 57a
116) ¥2hourpbom~calb 8 HR~ x $ 82 $ 656
5 obi'vat,ms m 4 hrs. ea. + admln. 36 HRS x S 82 $ 2,952
W^
5%
Nm Included
$
S
S
S
4rl82
209
4~391
Grond Total
Const~dlon cost
Is
150,000 I 8.69'0 of cen~rucllon mst
Daniel K. Duffy Architects, Inc.
17900 Susan Lane, Suite 100 Minnetonka, MN 55345 tel 952 541 7888 ]'ax 952 541 6014
July 18, 2003
Mr. Mark Nagle
City of Columbia Heights
590 40th Ave. N.E.
Columbia Heights, MN 55421
Re: ParkView Villa Apartments
Restoration Project
Dear Mark:
The following is a summary of the project description, scope of services, and associated fees for
Architectural Design Services for the project referenced.
1. Project Description:
The project in reference will consist of new interior renovations to the existing 101 apartment
units located in the ParkView Villa High Rise building located at 965 40th Avenue N.E, in
Columbia Heights, MN. Improvements to each unit will be funded through HUD programs
and will be constructed according to the initial schematic review as determined in Phase I as
described below.
2. Professional Services:
The following shall consist of the Phase I and Phase 11 portion of Architectural Design
services offered to the City of Columbia Heights, herein referred to as "owner", from the
design and consulting firm of Daniel K. Duffy Architects, Inc., herein referred to as "design
team":
PHASE I:
PHASE II:
A. Programming
B. Schematic Design
- Conceptual Plans and Elevations for Interior Improvements
C. Finish Selections and Presentation
A. Design Development
B. Construction Documents
C. Construction Observation (Approx. I site visit per month)
3. Fees for Professional Services:
The Design Team will provide the basic Architectural Services for the Phase I portion of
Schematic Design as referenced above on a stipulated lump sum fee of $3,350.00
It is estimated that the fees for Phase I will be distributed as follows:
Phase I: Programming & Preliminary Schematic Design $ 2,850.00
Finish Selection and Presentation $ 500.00
Subtotal
$ 3,350.00
Page 1 of 2
ParkView Villa Apartments
Proposal for Phase I & 1I of Architectural Services
July 18, 2003
Page two
3. Fees for Professional Services: (continued)
During the initial Schematic Design phase, it may be determined that in addition to the
standard unit upgrades, certain building upgrades will be required due to the new
International Building Code provisions and/or local authority having jurisdiction over this
project (i.e., elevator, stair, toilets, accessibility improvements, etc.). Therefore, we propose
to provide these provisions in our basic Architectural Services for Phase II as follows:
Upon approval of the project scope as determined in Phase 1 Schematic Design, and at the
direction by the owner, the design team will provide the basic Architectural Services for
Phase II as described above on a stipulated lump sum fee of $9,150.00
It is estimated that the fees for Phase I! will be distributed as follows:
Phase 11: Design Development
Construction Documents
Construction Observation
$ 2,745.00
$ 5,490.00
$ 915.00
Subtotal $ 9,150.00
Reimbursable expenses will be billed separately at 1.0 times our cost. See attached copy of
Rate and Expense Schedule for Daniel K. Duffy Architects, Inc., effective January 2003.
For additional information, please see attached brochures describing our firm and the services provide.
We appreciate the opportunity to submit this proposal, and we look forward to a successful working
relationship with you and the City of Columbia Heights.
If you are in agreement with the proposed scope of services for Phase I & Il for Architectural Services
as outline above, please acknowledge by signing below and returning one signed copy for our records.
Upon completion of Schematic Phase 1, we recommend A1A Document B 155 "Standard Form of
Agreement Between Owner and Architect tbr a Small Project" for the contract agreement for Phase II.
Authorization to proceed will be at the direction of the owner and upon all parties acknowledging this
agreement.
Please feel free to contact me or any member of the design team if you have any questions.
Sincerely, ,,~, / . .,~
~)an~el K. E~fy, ~IA, CI[~
President
Daniel K. Du~ Architects, Inc.
Date
Name
Title/Organization
Date
cc: File
Page 2 of 2
COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT AUTHORITY (I-IRA)
Meeting of: August 20, 2003
AGENDA SECTION: Items for Consideration ORIGINATING EXECUTIVE
NO: r'7. ~_. DEPARTMENT: HRA DIRECTOR
APPROVAL
ITEM: Parkview Villa North Elevator #2 Repair BY: Mark Nagel BY:
Project DATE: August 10, 2003
BACKGROUND: The attached letter from Schindler Elevator Corporation notes, the replacement of
mechanical equipment for Elevator #2 in PVVN is in need of immediate repairs. Eagle Elevator
Corporation also confirmed the need for immediate replacement. These repairs should have been done
when the elevators were upgraded about three years ago. In fact, a change order for the planned work
was processed, but the work was never completed because of Capital Fund Program Budget constraints.
When this emergency situation was established, staff solicited proposals from three contractors: Eagle
Elevator Corporation, Schindler Elevator Corporation and ThyssenKrupp Elevator, which are the only
three vendors in the Twin City area that do this type work. The low bid for the repairs is from Eagle
Elevator Corporation at $23,700.
Based on the low bid, staff obtained from HUD, a Davis-Bacon wage decision, a 2002 CFP Budget
revision, and classification of the repair work as emergency. This allows the HRA to move forward
without formal specifications. The attached contract was then written, according to HUD guidelines,
so the HRA could complete the repairs. Eagle Elevator Corporation has already signed the contract
and funds were transferred from the Apartment Modernization account to pay for the repairs.
RECOMMENDATION: Staff recommends the approval of the 2002 Budget Revision and the
Contract with Eagle Elevator Corporation for the Repair of Elevator #2.
RECOMMENDED MOTION: Move to Approve the 2002 Capital Fund Program Budget Revision
and the contract for repairs with Eagle Elevator Corporation for an amount not to exceed $23,700 for
the Elevator #2 repair at Parkview Villa North; and furthermore, to authorize the Chair and Executive
Director to enter into an agreement for the same.
Attachments
HRA ACTION:
h:\Parkview villa2003/Elevator #2 Repair Project
PVVN ELEVATOR #2 REPLACEMENT PROJECT CONTRACT
THIS AGREEMENT made on ,2003, by and bet~veen Eagle
Elevator Corporation, hereinafter called the "Contractor" and the Columbia Heights
Housing and Redevelopment Authority, Minnesota, hereinafter called the "HRA".
W1TNESSETH that the Contractor and the HRA for the considerations stated herein
agree as follows:
ARTICLE 1: Statement of Work
The Contractor shall finnish all labor, materials, tools, and equipment and shall perform
all work required for the replacement of elevator machine #2 at Parkview Villa North,
965 40th Avenue NE, Columbia Heights, as outlined in the attached proposal by the
Contractor dated April 22, 2003.
ARTICLE 2: Time of Completion
The Contractor shall commence work under this Contract on a date specified in the
written Notice to Proceed issued by the HRA and shall fully complete the work specified
in Article 1 of this Agreement by December 31, 2003.
ARTICLE 3: Contract Price
The total contract price for all work specified in the attached proposal shall not exceed a
total of $23,700. There will be no change orders for the project without the written
authorization of a representative of the HRA.
ARTICLE 4: Payment of Contractor
Payment requests must be submitted on AIA Document G702, "Application and
Certificate for Payment", by the Contractor. Ail necessary federal documents required
for the project, including, but not limited to, Davis-Bacon certification and Weekly
Statement of Compliance, must be up-to-date prior to any payment. All warranties, "as
built" drawings, and test results must be provided by the Contractor to the HRA prior to
the final payment.
ARTICLE 5: Contract Documents
Contract documents shall consist of the following parts
1. This Agreement
2. Contractor's Proposal (Dated April 22, 2003)
3. "Representations, Certifications, and Other Statements of Bidders"
(HUD Form 5369-A)
4. Provide Copies of License, Bonds, and Insurance Necessary to Perform Work
5. Provide Copy of City Permit to do the Work
This instrument, together with the documents enumerated in this Article, form the
Agreement.
IN WITNESS Vv3tEROF, the parties below have caused this Agreement to be executed
the date and year first above written.
Signature:
Typed Name:
Title: Chair
Tammera Ericson
Columbia Heights Housing and Redevelopment
Authority
Signature:
Typed Name: Walter R. Fehst
Title: Executive Di rector
Columbia Heights Housing and Redevelopment
Authority
Signature: (6/~t/.tTP~_]7./..? .~ _ .
Typed Name: / '
Title: //(~ 5,,~ P Z)~a,~nt-r~$
Eagle Elevator Corporation ~
U.S. Department of Housing
and Urban Development
Office of Public and Indian Housing
Representations, Certifications,
and Other Statements of Bidders
Public and Indian Housing Programs
Representations, Certifications,
and Other Statements of Bidders
- Public and Indian Housing PrOgrams
Table of Contents
Clause Page
1. Certificate of Independent Price DetormJnatJon 1
2. Contingent Foe Representation and Agreement
3. Certilicalion and Disclosure Regarding Payments
to Influence Certain Fecleral Transactions
4. Organlzallon'ai Conflicts of Interest Certification 2
5. Bidder's Cerllllcatlon ol Eligibility 2
$. Minimum Bid Acceptance Period 2
7. Small, Minority, Women-Owned Business Concern
Rep~'asantatlon 2
Inc~Jan. Owned Economic Enterprise and indian
Organization Representation 2
Certlflcalion of EIIg~lllty Under the Davis-Bacon Act 2
CertlflcaUon of Nonsegregated Facilities 3
Clean Air anc~ Water Certification 3
Previous Participation Certificate 3
Bidders Signature 3
10.
11.
I2.
~[3.
1. Certificate of Independent Price Determination
(a) The bidder ca~flas tha~-
(1) The prices' in Ibis bid have been arrfved at independently,
wilhout, lot Ihe purpose of restricting competition, any consultation,
communication, or agreement with any other bidder or competitor
relating to (i) those prices, (Ii) the Intention lo submit a bid, or (iii} the
methods or factors used to calculate the prices offered;
(2) The prices In this bid have not been and will not be knowingly
disclosed by the bidder, directly or Indirectly, to any other bidder or
compelJtor before bid opening {in lhe case cla sealed bid solicitation)
or contracl awa~ (In the case ct a competitive proposal solicitation)
unless othecwise required by law; and
(3} No allempt has been made or will be made by the bidder
induce any other concern to submit or not Io submit'a bid for Ihs
purpose al restricting competition.
(b) Each signature on the bid Is considered to be a certification by the
signatory that the slgnalory-
(1) Is the person In the bidder's organization responsible
delermlnlng the prices being offered In this bid or proposal, and that
the signatory has not participated and will not participate In any action
contrary to subparagraphs (a)(1) through (a}(3) above; or
(2} (I) Has been authorized, In writing, to act as agent for the
following principals In certilylng t,hat those principals have not partici-
pated, and will not participate In any action contras7 to subparagraphs
(a)(I}]hrough (a)(3) above.
ct person(s) in ~he blclder's o~janlzatlon responsible for de~ermlning
the prices ol/ered In this bid or proposal, and the title of' his or her
position In Ihe bidder's organization];
(11) As an authorized agent, does certify that the principals
named In subdivision (b)(2}(I) above have nol participated, and will not
participate, In an7 action contrary to subparagraphs (a)(1) throug~
{a){3) above; 'and
{Iii) As an agenL has not personallypartlcipated, and wil
participate In any action contrary to subparagraphs (a)(l) lhro
(a)(3) above.
(c) If the bidder deletes or modifies subparagraph (a)2 above,
bidder must furnish with its bid a signed state, merit selling forth in d,
[he circumstances of lhe disclosure.
[ ] [Contractlng Officer check It following paragraph Is app[Ica~
(d) Non-collusive atfldaviL (applicable lo contracts for constr~c
and equipment exceeding $50,000)
(1) Each bidder shall execute, In the form provided by the P
IHA, an atlldavlt to the et/act that he/she has not colluded with
other person, firm or corporation In regard to any bid submitle
response lo this solicitation. If the success~'ul bidder did not sut
the at~idavi~ with his/her bid, he/she must submit It wilhin three
working days ofbidopenlng. Failure to submit the al/idavlt bythat (
may render the bid nonresponslve. No contract awa/d will be m
without a properly executed atfidavlL
(2) A fully execbled 'Non'collusive AJlidavil' [ ils,
Included with the
2. Contingent Fee Representation and Agreement
la) Definitions. As used In this provision:
· '8cna fide employee' means a person, employed by a bidder;
subject to Ihe bidder's supervision and control as to time, place,
mariner o1 peflormance, who neither exerts, nor proposes to e:
Improper Influence to sollcJt or obtain contracts nor holds out as be
able to obtain any contract(s) through improper Influence.
'Improper Influence' means any Influence that Induces or
to Induce a PHA/IHA employee or of/lcer to give considerallon o
act regarding a PHA,'IHA contract on any basis olher than the me
of the melter.
(b) The bidder represents ~nd certifies as part of Its bid that, exc
lot full-time bona tide employees working solely for the bidder,
bidder:
(1) [ ] has, [,~ has nat employed or retained any person
company to solicit or obtain this contract; and
(2) [ ] has..~, has not paid or agreed to pay lo any persor.
company employed or retained to solicit or obtain this conlract
commission, percentage, brokerage, or other fee cont~gent upor
resulting from the award of this contract.
(c) If the answer fo either (a)(1) or (a)(2) above is at/In, native,
bidder shall make an Immediate and lull w;itle n disclosure to Ihe PI-
IHA Contracting Officer.
(d) Any misrepresentation by the bidder shall give Ihe PHA/IHA
rlgrtt to (1)' terminate the contract: (2) at Its dlscrellon, deduct fr{
contract payments the amount of any commission, pe~cenla~.
brokerage, or other contingent tee; or (3) take other remedy pursu;
lo the contract.
3. Certification and Disclosure Regarding Payments
Influence Certain Federal Transactions (applicable
conlracts exceeding $I00,000)
(a) The definitions and prohibitions contained In Section 1352 of ti
31, Un/ted Slales Code, are hereby Incorporated by reference
paragraph (b) of this certification.
Page ! ct 3 lo~m HUD-535~
her knowledge and belief as of Docem~e~ 23, 1989 fhaf:
[1) No Federal approprl~led funds have been pa~ o~wlll be paid
' parson (o~ influencing or aEempflng to Influence an officer
yea et any agency, a Member et Congress, an o~er or
~¥.~yee et Congress, or an e~loyee of a Member of Congress on
o~ her ~eha~ in connection w~ the awarding at a contract ~esu~Ing
~m ~his solicitation:
~2~ lt any{unds other~han Federal appmp~at~funds (In~udlng
grit or lee received under a covered Federal transa~lon) have been
~id, or will be paid, to any pemon for influencing or a~emptlng
'luenca an of/Icer or e~loyee of any agent, a Member of
=ng~ess, an ott~sr or employee of Congress, or ~ employee of a
,ll~alion, ~he bidder shall complete and su~mlt, w~h ~s bid, OMB
~naaffi form LLL, 'Disclosure of L~ylng A~Nflles;' and
(3} Ha or she will Include the language of this cefl~atlon In all
~anlra~s al any lief and r~ulre that a~ redplenls of su~ontra~
~nras In excess af S 100,000 shall ce~lty ~d disclose a~ordlngly.
Submlsslon oJ lhls ce~JflcaUon and dlsclosute ls a p~ er~ulslle for
~klng or opiating [nla Ibis con~ra~ I~sed by s~lan 1352, title 31,
flt~ States Coae. Any pecan w~o makes an ex~ndllure p~o~Jb-
d under lhis provision ar who t~ls lo file ar ~e~ the dl~osure
m lo be fll~ or amend~ by ~h/= provision, shaJi~ subJ~ Io a ~vll
na~y et not less than $10,000, and not ~re lh~ $100,000, tot
ch su~ failure.
Indian tribes (except those charioted by ,Stales) and Indian
;anEaflons as defined Jn s~tJon 4 of the Indian Self-Determination
3 Education Assistance A~ (25 U.S.C. ~0B} ~e exemp~ fmmthe
tu~emenls of th~ provision.
~rganl~tlonal Conflicts of Intere~ Codification
der ce~ffles ~ha~ ~o the best of ~s ~owl~e ~d belief and
;-r.' as othe~ise disposed, he or she does not have any organ.
Ional confl~ et Interest whEh Is defined as a s~atlon In wh~h the
ute o~ wo~ to Be pedorm~ under ~ls propos~ contract and the
JeFs organ~allonal, financial, contractual, or other Interests may,
to~ some restrl~Jon on future
Resu~ In an unteir co~ellllYe a~anlage to the bidder; or,
Impair the blddeFs o~Je~lvl~ In pedar~ng the contract
In lhe ~bsance of any a~ual ar apgaren~ connie. I hereby
Io. l~e baal o{ my knowf~ge and be/ia/, no actual o~ a~parenl
111~ et inlerest exists w~ regard to my possible pedormance
procuramenL
' Bidders Codification of Ellglbll~
knowledge an~ belier, neither ~. nor any person or firm whlc~ h
~er.~ In t~e bidders flr~ nor any et t~e b~de~s
(1) Be award~ cOniFers by any agency of the Un~ States
ernmenl, HUD, of the Sl~le In whlc~ this ~ntra~ Is to be
(2)' Pa~ipale In HUD programs pursuan~ to 24 CFR P~ 24.
~e ce~lcntlan In paragraph (a) above Is a materiel rep~esen-
n at ta~ upon which reliance was plac~ when m~lng award~
~ler de~er~ned lhat ~he ~ld~er knowingly render~ an e~oneous
t~nflon. 1he contract may Be te~lnaled for defau~, and the
e' ~y be de~affod ar suspend~ from pa~lcJpallon In HUD
r and a~er Feaeral conlra~ programs.
~.' .dmum Eld Acceptance Period
'A~eplanca period,' as used In Ibis provision, me.ns
number of c~tendar days available Ia lhe PHA~tHA for awaroing
contracl from the date spec/fled In this solicitation for race/pt at
(b) This provision supersedes any language pe~alnlng lo Ihe acco;
lance podad th~t may a~ea~ elsewhere In ~ls sallc~allon.
(c) The PH~IHA requires a minimum accaplance period c
[Contracting Off.er [nse~ time perlodl ~lendat aays.
(d) In the space ptov~ed Immediately bel~, bJ~ders may specify.
longer a~eptance period than the PHA'~IHA's ~ni~m
mont. The bUder a~ows the following acceptance period: ~lenda
days.
(e) A bU allowing less ~han :he PHA'~IHA's ~nlmum a~ep~anc~
peH~ ~11 be
(f) ~e b~der agrees to execute all that ~ has unde~aken ~o do. h
compll~ce with Its bid, If t~at bid Is a~epted In w~lng w~hln {I)
a~eptance period stai~ In paragraph (c) above or (2) any longe.
a~eptance perl~ s~ated In paragraph (d) above.
7. Small, Minority, Women-Owned ausiness Conce~
Representation
Tho bl~or represents and cefllfies as pan a~ ~ts b~ offer tha~
(a) ~ Is, [ ] Is not a small business concern. 'Small
concern,' ~ us~ In th~ provision, means a concern, i~lu~lng
a~fllates, that Is independently owned and operated, not dominant
the field of o~ratlon In whEh ~ Is b~lng, and qualified as a sm~l
business under the ~terla ~d size s~anda~s In 13 CFR 121.
ls,(b) [ ]lsnot awomen-awn~uslnessen~a~dse.
o~ business ente~rlse,' as us~ In this provision, means a
business lh~ Is at least 51 pement owned by a woman or woman who
~e U.S. c~Eens and who also con,roi and operate the business.
(c) [ Ils, ~ ~s not a ~norl~ buslness anfa~rJse. 'MInoritybuslness
ente~flse,tias us~ In lhJs provision, means a bus~ess wh~h Is a~
least 51 pemant own~ or cont~olJ~ by o~e ot more mlnod~ group
~em or, In the case of a publJ~ o~ business, a~ least 51
percent ot Its 9otlng sto~ ls owned by one or more mJno~ty group
~, and whose management and dally operations are con-
~ofl~ by one or more s~h IndlyUuals. For the purpose gl
definition, mlno[~y group me,ers are:
(Ch~ the blo~ appl~ble ~o you)
[ ] gla~ Amer~ans [ ] Asian Pac~E ~e~ans
[ ~ Hlspan~ ~erlcans [ ~ Asian In~lan Americans
[ ] Native Americans [ ] Hastdlc Je~sh A~Hcans
8. Indian-Owned Economic Ente~rlse and Indian
Organ~tJon Representation (appflc~ble only If this
sol~ltatlon Is for a conlra~ m be pedormed on a pro~ect for an
Indian Housing Authafl~J
~e bi.er represents and cavities that
(a) [ ] Is. [~ls not ~ Indlan-own~ ~onomic enterprise.
'Ecanom~ ente~r~e,' as us~ In Ibis provision, means any commer-
cial. Industrial, ar business a~lvl~ est~llsh~ or o~anEed for the
pu~se oi protlL whl~ Is at least 51 pedant Indian owne~. 'Indian,'
as used In t~Js provision, ~ans any person who Is a member of any
tribe, b~d, group, pueblo, ar co~unl~ which is recognized by
F~eral Government as el~lble ~or so,Ices trom the Bureau ot Indian
A~aim ~d any 'Native' as defined In ~he Alaska Native Claims
So,lament Act.
(b) [ Ils, ~ls not an Indian organization. 'Indian organization,'
as used In this ~ovlslan, means :he governing body at any indian
ar ont~y estabfls~ed ar r~ognlz~ by such governing body. Indian
~rtbe" ~an~ any Indian tribe, bend. group, pueblo, or commun~y
including Native vfllage~ and Native groups (Inctudlng corporations
o~anlzod by Kenal, Juneau, Sl~ka, and Ko~lag) a~ defined In :he
.~ ClaIms Sol[lament Act. w/qict~ l~ recognized Dy :ho
.. dovernment as eligible tot services lrom the ~ureau of In,lan
At[airs.
9. CefllllcaUon o~ Eligibility Under the Davis-Bacon Act
(applicable tq conslru~Jon conifers exce~ing
(a) By :he submission et this bid, ~he bidder ce~les tha~ neither il nor
any person or firm who has an Interes~ In the bidder's fl~m is a person
o~ ~lrm Ineligible. lo be award~ conlra~s by l~e United Sidles
Government by vl~ue at so. Ion 3(at o~ the Oavls-Sacon Act or
CFR 5.12(a)(1).
(bi No peri of the contract resulting from this sollc~aUon sha~
su~on~ra~ Io any person or fern Ineligible [o be awarded
byt~e Unit~ S~ales Government by vi~ue et so.Ion 3(at et Ihe Davis-
Bacon Am or 29 CFR
(ct ~e penalty for making false statements Is prescribed In the U.
S. Cd.hal Co~e, 18 U.S.C. 1001.
10. Codification of Nonsegregated FacJ~Itles (~pllcable
contm~s axca~Ing
~a) The bi. ers aEenUon Is ~Jl~ to the douse entitled Equal
~ployment O~onunlty et ~e Gener~ Conditions o~ the Contract
lot Constm~lon.
(b) 'S~egal~' ~acil~les,' as used In this provision, means any
walUng rooms, worx areas, res[ roams and wash rooms,
and olher eallng areas, lime clock, lo. er roo~ and o~her storage
or dress~g a~eas, p~kfng Jo[s, drinking fountains, re~eatlon or
enleflaJn~nt areas, trans~flaUon, and ~ousing ~actllUes prov~ed
for employees, that are segreoat~ by explEit dir~lve or are in fa~
s~r~at~ on the bas~ of mca, color, religion, or national arvin
because al h~it. local ~slo~ or olhe~se.
(c) By the sub~s~lon et this bid, the bidder ceflllles that Il does not
and ~ not ~lnta~ or provide lot ~s employees ~y s~regaled
/a~lEles at ~y et I~ establ~hmen/s, ~d that It does not and will not
~rm~ Ils e~loyees to pedo~ lhelr se~es at any I~allon under
~s con~ol where s~regal~ facilities are ~lntaln~. ~e bi.er
~grees that a brea~ of this ce~l/~a/Ion Is a violation of t~e Equal
~mploymenl O~onunl~y clause In :he
~) The bl~ar further agrees thai (except where ~ has obtained
~enll~ ce~Uons from pro.sad su~onlra~ors lot spec~ ~lme
eries) pdor 1o entedng Into su~onlrams which exce ~ $10,000 and
re hal exe~l/rom the ~equlremenls o~ the Equal Employment
ppo~unlly clause, R will-
(l) OMaln ~enllcal ce~l~lJons/rom :he propos~
{2) Ralaln lhe codifications In ~s tiles; and
(3) Fo~a~dthe tollowlng nollce to :he propos~ su~ontramors
~ca~ ~ the prapas~ su~onlra~or~ h~ve subml~
llflcallons lot sp~ time periods):
Notice to Prospective Subcontractors of Requirement
Certifications o! Nonsegregated FacJliUes
A Cert~/Icat~on et Nonsegregated Facilities must be submitted bar
t~e award of a suDcontract exceeding $I0,000 whlc~ Is not ezef
item the provisions of the Equal Employme.nt Opportunity clause
the prime contracL ThecertitJcaUon maybe submit;ed eithartore;
subcontract or for all subcontracts during a period {I.e.. quarto
semiannually, or annually).
Note: The penalty for ma.king false slatemants [n bids Is prescrit
In 18 U.S.C. 1001.
11. Clean Air and Water Certification (appltca=le to comra
exceeding $100,000}
The bidder certifies that:
(at Any facility to be used In the pedormanca el this contract [ :
[ ] Is not listed on the Environmental Protection Agency Mst
Violating Facilities:
(bi The bidder will Immediately holily the PHA~HA Contract
Officer, before award, of the receipt of any communEallon from
Administrator, or a designee, et the Environmental Protect
Agency, Indicating that any facility that the bidder proposes Io use
the performance et the confract ]s under consideration to be iisted
trte EPA List of Vlolatlng Facilities; and,
[ct The bldder will Include a certlfk:atlon substantially the same
this certJficaUon, JncJudJng this paragraph (c), In aver~/nonexar
subcontract.
12. Previous Participation Certificate (applicable
construction and equipment contracts exceeding $50,000)
(at The bidder shall complete and submit with his/her bid the Fo
HUD-2530, 'Previous .Pml~clpatlon Certificate.' It the success
bidder does not submit the certificate with his/her bid, he/she mt
submit ~ within three (3) working days et bid opening. Failure to subt
the.certificate by that date may render the bid nonresponsive. I
contract award win be'made w~thout a properly executed carfiflc--
(b) A fully executed 'Previous Pertlc. Jpatlon Cmllflcate'
[ ] Is, ~ Is not Included with the bid.
13. Bldder'..R Signature
The bidder ~hereby certifies that the lntormaUon contained In the
cenlflca~ ~sand repr, esenJ,a/llons Is accurate, complete, andcurra,
(Comp~f ~am,t /
- Ps, r~e 3 cf 3 morn ;'tUO..~3'~
JUN.3'¢.~DD3 il:M4NM LR6LL LLLVHIDN ~.160 P.1/1
~ I~AIItVI~Vt' A~ NOlgl'll · $1'. PAl. IL, ~ SStM · ~1~ · ~ ~1~.~
~e ~. 2~3
A~: ~. M~ ~1 P~: 763-7~36~
1~ ~ ~ ~ F~ 763-7~3671
~~~ 55112
~: P~ew V~ So~
~b~ He~ ~
P~ o~ r~ of~ $1 ~e el~mor) ~ a ~cw Vil~ So~ ~ fe,l ~ ~
~ ~ ~ ~n you c~ f~l w~e ~ing ~ ~ el~ ~c ~
e~ ma~lI~ ~ ~ ~d~ ~ ~ o~ ~m ~ ~ ~e ~m ~r ~ a
~ ~ oil ~ ~ ~ a~e~ ~ ~ ia ~t a ~e ~on.
If~ ~ ~y ~kb~ q~iom, g~ ~ ~ ~ 651-~5-1543.
~00 FA~ AVI~UE NOI~TH · ST. PAUL, MN 5~104 · &~I..~4S-I.~43 · FAX
April 22, 200~
P-ark'view Villa South
Attn: Mr. William Jones
965 4.0'~ Avenue NB
Columbia Heights, MN 55421
Phom~: 763-706-3g00
Fax: 763.7gg-397g
Re: Elevator machine rephcemera
Dear William,
Eagle Elevator Corporation proposes to furnish and install the following rmtefial a~
labor regarding the #I large elevator at 965 40~ Avenue NE/n Columbia Heighis, iVlN.
1, Remove the existing #3g Westinghouse machine.
2. Install a new HoLlisier W~;mey machine including a new motor and encoder
3. Retable the elevator
4. Perform a full load tes~
5. Have the State of Minnesota inspect and approve the work
6. Clean the machine room off.all existing oil ~lm from the machine room floor.
7. We ~dlI handle the disposal of all the old material
Cost: $23,700.00 (includes tax, perr~__;t, maIerial ami labor)
Note: Deduct $2,700.00 if Eagle Elevator Corporation is awarded the elevator
service before the work is done.
Schindler Elevator Corporation
January 24, 2003
Mr. William Jones
Parkview Villa Housing Complex
965 N.E. 40th Avenue
Columbia Heights, Minnesota 55421
895 Blue Gentian RoaO
Eagan, MN 55121-1568
Telephone: (651) 406-5300
Fax: (651) 406-5321
Internet: http://www.us.schindler.com
Dear Mr. Jones,
This letter is a follow-up to our phone conversation, which we had on Tuesday of this
week. On Friday January 17, 2003 the items fi-om the punch list, which was supply to us,
were completed that day.
Also on that same day Mr. Henry from the City of Columbia Heights was at the building
in the elevator machine room and w,'ks shown by Mr. Paul Roster service superintendent
for Schindler that the items were completed and also assure Mr. Henry that elevators
were safe and in good operating condition.
As we discuss that day the oil condition is not going away until the big elevator machine
is replaced. It was to be removed in the modernization but was taken out of bid due to
lack of funds. So at some point of time you should consider the replacement of the
machine.
To summarize this situation, the punch list items are completed. The elevator equipment
is in safe running condition and Schindler will keep a closer watch on the oil condition in
the machine room.
Sincerely,
Service Sales Associate
Schindler Elevator Corporaticn.
I I$0
To:
Parkview Villa Apartments
590 40 th Avenue
Colum~a HeigMs, MN 55421
SCHINDLER ELEVATOR CORPORATION
895 Blue Gentian Road
Eagan, MN 55121-1568
Phone: 651-406-$3t2
Fax: 651-406-5321
UPGRADE ORDER AGREEMENT
Estimate Number. DART-SNTT8U (2003.3)
Building:
Parkview Villa Apartments
590 40 th Avenue
Columbia Heights, MN 55421
Attn: Mt. William Jones
Schindler hereby proposes to furnish and install the following with respect to the equipment located at the above
building:
We propose to furnish the nacessaty labor and material to replace the existing elevator #1 machine and motor
with a new AC motor and ddve machine like ;12 elevator motor and machine which was installed at the time the
elevator upgrades.
As being your current sewice company and also the company which did the elevator upgrades. We feel now as
we dicl before the elevator upgrades startecl that Ix)th elevator machines should be replaced,
The decision was made by the City of Columbia Heights not [o replace the elevator ~1 machine at that tJme
8o as requested we am supplying a proposal for the replacement of the elevator #1 machine and motor,
Lead time Wr getting a new elevator machine deFwer and installed will be around sixteen (16) weeks after award
of contract.
$28,200.00, plus applical~le taxes. (Quotations valid for 60 days: price based upon work during
regular working hours of regular wortJng dars.)
Payment: 25% of the price is due upon acceptance of this proposal;
50% of the pdce is due as work progresses within 30' days of invoice;
Balance due upon completion, within 30 days of invoice.
Schindler retains title to any equipment fumished hereunder until final payment is made. Late or
non-payment will result in asaea~ment of interest charged at a rate of I 1/2~ per month or the
highest .legarrate available, and any attomeys'-fees, exrx~ses and costs of collection.
Page 1 of 3i;cn~r~~
The attaGhe(I terms and conditions Me inco/porated helen by reference.
Ac, ceptmnc, m by you aS ownerza agent-o~ au~hol~zed repre~lalive and subsequent aFq:woval .by our
authorized representative will be require~l to validale Ibis agreement.
Proposed: Accepted:
For:. ,~,chindler Elevalqr Coq:xa~. ion
By:
For:. Park'view Villa Apartments
Title:
Date:
~tle: Sales Representative
Date: 6/4/2003
Approved:
By: Richard Romnes
Title:
Date:
· / ThyssenKrupp Elevator
Repair Order.
Date: April 7, 2003
Attention: Parkview Villa Apartments Building:
Address: 965 40th Ave NE Address:
City: Columbia Heights, MN 55421 City:
Service contract #:
Telephone: William Jones
Parkview Villa Apartments
Purchaser authorizes ThyssenKrupp Elevator to perform the following described repair work on the subject elevator(s) in the
above building:
Thyssenkrupp will supply the necessary labor and material to replace the machine on elevator #1. We will be installing a new
ThyssenKrupp GD1 machine and reusing the existing Reuland AC motor. A new coupling will be purchased by Reuland Electric
to enable the existing motor to be reused-the motor was replaced when the modernization of the elevators occurred. The existing
machine is a Westingtonhouse Type 38-which is obsolete- and is leaking badly. The machine leaks are causing oil to be sprayed
around the machine room and could damage the new Nicroprocessor Controller boards over time.
Price -29,975.00 (Twenty Nine Thousand, Nine Hundred and Seventy Five dollars)
This price includes the necessary labor and materials as well as taxes and permits of the state of HN. Please note that a permit
will be taken out from the state of MN and an inspector could be involved for inspection.
r~/
Unless o a o s f'ollows~ 5 o upon signe acceptance and 50 '/o upon comp e ion.
This Repair Order is submitted for acceptance within 30 days from the date executed by ThyssenKrupp Elevator.
Purchaser's acceptance of this Repair Order together with the terms and conditions printed on subsequent pages hereof and which are
expressly made a part of this proposal and agreed to, will constitute exclusively and entirely the agreement for the work herein described. All
prior representations or agreements regarding this work, whether written or verbal, will be deemed to be merged herein, and no other
changes in or additions to this agreement will be recognized unless made in writing and properly executed by both parties. This Repair Order
specifically contemplates work outside the scope of any maintenance contract currently in effect between the parties; any such contract shall
be unaffected by this Repair Order.
No agent or employee shall have the authority to waive or modify any of the terms of this agreement without the written approval of an
authorized ThyssenKrupp Elevator manager.
Accepted:
[PURCHASING COHPANY NAHE]
By:
(Signature of Authorized Individual)
(Printed or Typed Name)
Title:
Date:
THYSSENKRUPP ELEVATOR CORPORATION
1801 West River Road North
Minneapoli~HN 55411-3481
By: ,./" //
{~ignat~'~of Tnysse-nKrupp Eleva't~ Representative)
zBekki Tovar
612-588-7844 / 800-528-4087
Date:
Approved by:
Title: Date:
RO 03102
Repair Order.
Tere}s ano'conditions.
ThyssenKrupp Elevator assumes no
responsibility for any part of the elevator
equipment except that upon which work has
been done under this agreement. No work,
service, examination or liability on the part of us
other than that specifically mentioned herein is
included or intended. It is agreed that we do not
assume possession or control of any part of the
equipment and that such remains Purchaser's
exclusively as the owner, lessor, lessee,
possessor, or manager thereof.
Our performance of this contract is contingent
upon your furnishing us with any necessary
permission or priority required under the terms
and conditions of governm_ent regulations
affecting the acceptance of this order or the
manufacture, delivery or installation of the
equipment.
We have made no examination of, and assume
no responsibility for, any part of the elevator
equipment except that necessary to do the work
described in this proposal.
It is agreed that ThyssenKrupp Elevator's
personnel shall be given a safe place in which to
work and we reserve the right to discontinue our
work in the building whenever, ;n our sole
opinion, this provision is being violated.
You agree that in the event asbestos material is
knowingly or unknowingly removed or disturbed
in any manner at the job site by parties other
than employees of ThyssenKrupp Elevator or
those of our subcontractors, the work place will
be monitored, and prior to and during our
presence on the job, Purchaser will certify that
asbestos in the environment does not exceed
.01 fibers per cc as tested by NIOSH 7400. In
the event our employees, or those of our
subcontractors, are exposed to an asbestos
hazard, PCB's or other hazardous substances
resulting from work of individuals other than our
employees, or those of its subcontractors, you
agree to indemnify, defend, and hold
ThyssenKrupp Elevator harmless from any and
all claims, demands, lawsuits, and proceedings
brought against us, or our employees resulting
from such exposure. You recognize that your
obligation to ThyssenKrupp Elevator under this
clause includes payment of all attorneys' fees,
court costs, judgments, settlements, interest
and any other expenses of litigation arising out
of such claims or lawsuits. Removal and
disposal of asbestos containing material is your
responsibility.
Unless otherwise agreed, it is understood that
the work will be performed during regular
working hours of the trades involved. If
overtime is mutually agreed upon, an additional
charge at our usual rates for such work shall be
added to the contract price.
In consideration of ThyssenKrupp Elevator
performing the services herein specified, you
expressly agree to indemnify, def~'nd, save
harmless, discharge, release and. forever acquit
ThyssenKrupp Elevator, our officers, agents and
demands, suits, and proceedings brought
against us or our employees of any nature
whatsoever, including but not limited to loss,
damage, injury or death that are alleged to have
arisen from or alleged to be in connection with
the presence, use, misuse, maintenance,
installation, removal, manufacture, design,
operation or condition of the equipment covered
by this agreement, or the associated areas
surrounding such equipment, specifically
including claims or losses alleged or proved to
have arisen from the negligence of
ThyssenKrupp Elevator or our employees,
except that your duty to indemnify does not
apply to claims or losses determined to be
caused or resulting from the sole negligence of
ThyssenKrupp Elevator or our employees.
You expressly agree to name ThyssenKrupp
Elevator as an additional insured in your liability
and any excess (umbrella) liability insurance
policy(les). Such insurance must insure us for
those claims or losses referenced in the above
paragraph, and for claims or losses arising from
the sole negligence of ThyssenKrupp Elevator or
our employees. You hereby waive the right of
subrogation.
We shall not be liable for any loss, damages or
delay caused by acts of government, strikes,
lockouts, fire, explosions, theft, floods, riot, civil
commotion, war, malicious mischief, acts of
God, or any other cause beyond our control,
and in no event shall we be liable for
consequential damages.
Should loss of or damage to our material, tools
or work occur at the erection site, you shall
compensate us therefore, unless such loss or
damage results from our own acts or omissions.
You agree that all existing equipment removed
by ThyssenKrupp Elevator shall become the
exclusive property of ThyssenKrupp Elevator.
We retain title to all equipment supplied by us
under this contract, and a security interest
therein, (which, it is agreed, can be removed
without material injury to the real property) until
all payments under the terms of this contract,
including deferred payments and any extension
is thereof, shall have been made. tn the event
of any default by you in the payment, under any
other provision of this contract, we may take
immediate possession of the manner of its
attachment to the real estate or the sale,
mortgage', or lease of the real estate. Pursuant
to the Uniform Commercial Code, at our
request, you agree to join with us in executing
any financing or continuation statements, which
may be appropriate for us to file in public offices
in order to perfect our security interest n such
equipment.
Certificates of Workmen's Compensation, Bodily
Injury and Property Damage Liability Insurance
coverage will be furnished to you upon request.
The premium for any bonds or insurance
beyond our standard coverage and limits will be
an addition to the contract price.
If any drawings, illustrations or descriptive
I'
Page 2 of 2
approximate and are submitted only to show the
general style and arrangement of equipment
being offered.
You shall bear all cost(s) for any reinspection of
our work due to items outside the scope of this
agreement or for any inspection arising from the
work of other trades requiring the assistance of
ThyssenKrupp Elevator.
All applicable sales and use taxes, permit fees
and licenses imposed upon us as of the date of
this proposal, are included in the contract price.
You agree to pay, as an addition tO the contract
price, the amount of any additional taxes, fees
or other charges exacted from you or
ThyssenKrupp Elevator on account thereof, by
any law enacted after the date of this proposal.
A service charge of ! 1/~% per month, or the
highest legal rate, whichever is less, shall apply
to delinquent accounts. In the event of any
default of the payment provisions herein, you
agree to pay, in addition to any defaulted
amount, all attorney fees, collection costs or
court costs in connection therewith.
In the event a third party is retained to enforce,
construe or defend any of the terms and
conditions of this agreement or to collect any
monies due hereunder, either with or without
litigation, the prevailing party shall be entitled to
recover all costs and reasonable attorney's fees.
You hereby waive trial by jury and do further
hereby consent that venue of any proceeding or
lawsuit under this agreement shall be in
Hennepin, Minnesota.
The rights of ThyssenKrupp Elevator under this
agreement shall be cumulative and the failure
on the part of the ThyssenKrupp Elevator to
exercise any rights given hereunder shall not
operate to forfeit or waive any of said rights and
any extension, indulgence or change by
ThyssenKrupp Elevator in the method, mode or
manner of payment or any of its other rights
shall not be construed as a waiver of any of its
rights under this agreement.
In the event any portion of this agreement is
deemed invalid or unenforceable by a court of
law, such finding shall not affect the validity or
enforceability of any other portion of this
agreement.
In the event your acceptance is in the form of a
purchase order or other kind of document, the
provisions, terms and conditions of this
proposal shall govern in the event of conflict.
COLUMBIA HEIGHTS HOUSING AND REDEVELOPMENT AUTHORITY (HRA)
Meeting of: August 20, 2003
AGENDA SECTION: Items for Consideration ORIGINATING EXECUTIVE
NO: ~. -1~. DEPARTMENT: HRA DIRECTOR
APPROVAL
ITEM: Adopt Resolution 2003-02, a Resolution BY: Robert Streetar BY:
to Amend and Restate the Bylaws DATE: August 10, 2003
BACKGROUND: Boardmembers ask staff to prepare the necessary documents to change the HRA
meeting start time from 6:30 pm to 7:00 p.m. The HRA Bylaws need to be amended and reinstated.
Staff has provided the attached revised document for board review and approval.
RECOMMENDATION: Staff recommends Board adoption of Resolution 2003-02, amending and
restating the Bylaws of the Columbia Heights Housing & Redevelopment Authority (HRA).
RECOMMENDED MOTION: Move to Adopt Resolution 2003-02, a Resolution to Amend and
Restate the Bylaws of the Columbia Heights Housing & Redevelopment Authority.
Attachment
HRA ACTION:
h:\Consent Form2003\Bylaw Resolution
RESOLUTION 2003-02
RESOLUTION TO AMEND AND RESTATE THE BY-LAWS OF THE HOUSING AND
REDEVELOPMENT AUTHORITY OF COLUMBIA HEIGHTS, MINNESOTA.
WHEREAS, the Bylaws of the Housing and Redevelopment Authority, dated February
19, 2002, page 3, Article VI-Meetings, the start time of meetings will be changed from 6:30 p.m.
to 7:00 p.m.
WHEREAS, the proposed changes to the Bylaws have been reviewed by the Authority
Commissioners and Staff and found satisfactory;
THEREFORE BE IT RESOLVED that the revised Bylaws of the Housing and
Redevelopment Authority of Columbia Heights, Minnesota were adopted as written.
Passed this day of ,2003.
Tammera Ericson, Chair
Cheryl Bakken, Assistant Secretary
H 5Resolutions2003XHRA2003 -02 Bylaws
AMENDED AND RESTATED
BYLAWS OF THE HOUSING AND REDEVELOPMENT AUTHORITY
OF COLUMBIA HEIGHTS, MINNESOTA
AUGUST ,2003
Section 1.
Section 2.
Section 3.
Section 4.
Section 1.
Section 2.
ARTICLE I
THE AUTHORITY
Name of Authori_ty. The name of the Authority shall be the "Housing and
Redevelopment Authority of Columbia Heights, Minnesota."
Seal of Authority. The seal of the Authority shall be in the form of a circle and shall
bear the name of the Authority and the year of its organization.
Office of the Authority; Place of Meeting. The office of the Authority shall be at such
place in the City of Columbia Heights, Minnesota as the Authority may fi:om time to
time determine by resolution. Regular and special meetings of the Board of
Commissioners shall be open to the public and shall be held at such place in the City
as the Authority may fi:om time to time determine by resolution.
Powers of the Authority. The Authority, by and in its corporate name, shall have and
exercise all powers, functions fights and privileges pursuant to City Ordinance No.
1442 (Allocation Ordinance), and such portion of the powers described in Minnesota
Statutes 469.001 to 469.047 as are allocated to the Authority under the Allocation
Ordinance.
ARTICLE II
COMMISSIONERS
Authori _ty. The business and affairs of the Authority shall be managed by or under the
authority of the Board of Commissioners, except as otherwise permitted by statute.
Number, Qualification and Term of Office. There shall be six Commissioners
appointed by the Mayor of Columbia Heights and approved by the City Council. All
Commissioners must be at least 18 years of age and must reside in the City of
Columbia Heights. At least one Commissioner shall be a member of the Columbia
Heights City Council. In accordance with Minnesota Statutes, Section 469.003,
subdivision 5, at least one Commissioner shall be a "resident board member" as
defined in Code of Federal Regulations, title 24, part 974 (HUD Regulations). Any
Commissioner who is a City Council member shall serve a term equal to the
Commissioner's City Council term. All other Commissioners shall serve a term of
five years.
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Section 3.
Section 4.
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Vacancies. Vacancies on the Board of Commissioners occurring by reason of death,
resignation, removal or disqualification shall be filled for the unexpired term by the
Mayor in accordance with the procedures and criteria set forth in Article II, Section 2.
Removal. For inefficiency or neglect of duty, or misconduct in office, a
Commissioner may be removed from office by the City Council in accordance with
Minnesota Statutes, Section 469.010.
ARTICLE III
OFFICERS
Officers. The officers of the Authority shall be elected from among the
Commissioners and shall consist of a Chair, Vice-Chair, and a Secretary-Treasurer. A
Commissioner shall not hold more than one of the above named offices at the same
time.
Chair. The Chair shall preside at all meetings of the Board of Commissioners if
present. Except as otherwise authorized by resolution of the Board of Commissioners,
the Chair shall sign all contracts, deeds and other instruments made by the Authority.
At each meeting the Chair shall submit such recommendations and information as
considered proper conceming the business, affairs and policies of the Authority.
Vice Chair. The Vice-Chair shall perform the duties of the Chair in the absence or
incapacity of the Chair; and in case of resignation or death of the Chair, the Vice-Chair
shall perform such duties as are imposed on the Chair until such time as the Board of
Commissioners shall select a new Chair.
Secretary-Treasurer. The Secretary-Treasurer shall perform the duties of the office of
Secretary-Treasurer and shall preside at all meetings of the Board of Commissioners in
the absence of the Chair and Vice-Chair. The Secretary-Treasurer may delegate the
responsibility for recording the Minutes of the Board of Commissioner meetings to the
Executive Director or to the Authority Office Secretary as is determined appropriate
by the Secretary-Treasurer.
Execution of Instruments. All deeds, contracts, promissory notes, bonds and
instruments of every kind, authorized by the Board of Commissioners shall be signed
by the Chair on behalf of the Authority as well as the Executive Director, and shall be
executed in the name of the Authority.
Additional Duties. The Officers of the Authority shall perform such other duties and
functions as may from time to time be required by the Authority, or the By-Laws or
rules and regulations of the Authority.
Election or Appointment. The Chair, Vice-Chair, Secretary-Treasurer shall be elected
annually from among the Commissioners of the Authority, and shall hold office for
one year or until their successors are elected and qualified.
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Section 8.
Vacancies. Should the office of Chair, Vice-Chair, or Secretary-Treasurer become
vacant, the Board of Commissioners shall elect a successor from its members at the
next regular meeting, and such election shall be for the unexpired term of said office.
ARTICLE IV
EXECUTIVE DIRECTOR
The Columbia Heights City Manager is the Executive Director of the Authority. The Executive
Director shall have general supervision over the administration of the Authority's business and
affairs, subject to the direction of the Board of Commissioners. As assistant to the Secretary, the
Executive Director shall insure that proper records of the Authority are maintained. The Executive
Director (or his designee) shall act as Secretary of the meeting of the Board of Commissioners and
shall keep a record of the proceedings in a joumal of proceedings to be kept for such purposes (the
Minutes of the proceedings are to be signed by the recorder plus the Authority Commissioner acting
as Chair at the meeting). The Executive Director shall perform all duties incident to the Executive
Director position as may be assigned by the position description as approved by the Board of
Commissioners.
ARTICLE V
ADDITIONAL PERSONNEL
Section 1.
Deputy Executive Director. The Columbia Heights Community Development
Director is the Deputy Executive Director and performs such duties and services as
specified by the Executive Director, subject to direction of the Authority. In the
absence or incapacity of the Executive Director, the Deputy Executive Director may
sign contracts, deeds and other instruments made by the Authority.
Section 2.
Other Personnel. The Board of Commissioners may from time to time employ such
personnel as it deems necessary to exercise its powers, duties and functions as
prescribed by the Allocation Ordinance and the relevant portions of Minnesota
Statutes, Sections 469.001 to 469.047. The selection and compensation of such
personnel (including the Executive Director) shall be determined by the Board of
Commissioners subject to the laws of the State of Minnesota. The Board of
Commissioners may also use the services of staff provided by the City as agreed to
between the Authority and the City from time to time.
ARTICLE VI
MEETINGS
Section 1.
Regular Meetings. Meetings shall be held on a quarterly basis without notice at the
regular meeting place (Parkview Villa) on the third, Tuesday in the months of January,
April, July and October at ,5:30 P.M. 7:00 P.M., unless the same is a legal Holiday, in
which event said meeting shall be held on the next succeeding secular day. In the
event the date/time/meeting place of a particular meeting must be changed, the
Executive Director may make such change deemed necessary by notifying all
Commissioners of the revised meeting time and date in accordance with the
procedures for a special meeting.
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Section 2.
Special Meetings. Special meetings of the Board of Commissioners may be called by
the Chair, two members of the Board of Commissioners, or the Executive Director for
the purpose of transacting any business designated in the call. The call (including
location of meeting) for a special meeting must be delivered to Commissioners at least
two days before the meeting, and notice of the meeting must be posted in the
Authority's offices at least three days before the meeting. At a special meeting no
business may be considered other than as designated in the call, except that if all the
members of the Authority are present at a special meeting, any business may be
transacted at such special meeting by unanimous vote.
ARTICLE VII
QUORUM
Four Commissioners constitute a quorum for the purpose of conducting its business and exercising
its powers and for all other purposes, but a smaller number may adjoum from time to time until a
quorum is obtained. When a quorum is in attendance, action may be taken by the Board of
Commissioners upon a vote of a majority of the Commissioners present.
ARTICLE VIII
ORDER OF BUSINESS
Section 1.
Order of Business. At the regular meetings of the Board of Commissions the
following shall be the Order of Business:
1. Roll Call
2. Approval of Minutes of the previous meeting.
3. Management Report.
4. Consent
5. All other items.
6. Adjournment
Upon direction of the Chair, or the motion by two members of the Board of Commissioners, any
resolution shall be in writing and shall be copied in the journal of the proceedings of the Board of
Commissioners.
ARTICLE IX
MANNER OF VOTING
The voting on all questions coming before the Board of Commissioners shall be by the Chair calling
for yeas and nays on the questions and shall be entered upon the Minutes of each meeting. The
Chair and all members of the Board of Commissioners at every meeting of said Board of
Commissioners shall be entitled to a vote. In the event that any Commissioners shall have a
personal interest of any kind in a matter then before the Board of Commissioners, the
Commissioners shall disclose his/her interest and be disqualified fi:om voting upon the matter, and
the Secretary shall so record in the Minutes that no vote was cast by said Commissioner.
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ARTICLE X
AMENDMENTS
The By-Laws of the Board of Commissioners shall be amended by Resolution only with the
approval of at least a majority of the Commissioners in office at any time.
These By-Laws were amended as the By-Laws of the Authority by the Board of Commissioners on
__ day of ,2003.
Cheryl Bakken, Community Development Secretary
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