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Home My WebLink AboutMINUTES - 08062002 - HA3 LLA lift+� HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO: BOARD OF COMMISSIONERS FROM: Robert McEwan, Executive Director DATE: August 6, 2002 SUBJECT: AMENDMENT TO THE CONTRACT FOR ARCH ITECTURAUENGINEERING SERVICES, FOR THE DEANZA GARDENS DEVELOPMENT, BETWEEN THE HOUSING AUTHORITY AND KODAMADISENO, ARCHITECTS & PLANNERS. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION 1. RECOMMENDED ACTION: APPROVE and AUTHORIZE the Executive Director of the Housing Authority to execute a contract amendment with KodamaDiseno Architects & Planners to increase the payment limit by$158,135 to a new payment limit of$236,070, plus $18,000 in reimbursable expenses, for the design development phase of the DeAnza Gardens Development. (Budgeted) (District V) If. FINANCIAL IMPACT: None. The costs incurred by this amendment to an existing contract are within the budget approved for the fiscal year 2002. III. REASONS FOR RECOMMENDATION/BACKGROUND This action is needed to authorize Design Development Phase architecture and engineering work to redevelop the Los Medanos public housing site in Bay Point into the new De Anza Gardens apartments with 180 affordable units for lower income families. The Design Development Phase will be the second part of an existing contract with KodamaDiserio, a minority architecture firm selected through a qualifications based process. IV. CONSEQUENCES OF NEGATIVE ACTION: Should the Board of Commissioners elect not to AUTHORIZE the Executive Director of the Housing Authority of the County of Contra Costa to execute this amendment to an existing contract, the Housing Authority will be unable to proceed with the replacement of the existing 86 Public Housing units, that are 60 years old, with 180 new affordable housing units. CONTINUED ON ATTACHMENT: YES SIGNATURE RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON August 6, 2002 APPROVED AS RECOMMENDED X OTHER VOTE OF COMMISSIONERS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT None ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF COMMISSIONERS ON THE DATE SHOWN, ATTESTED August 6, 2002 JOHN SWEETEN,CLERK OF THE BOARD OF COMMISSIONERS AND COUNTY ADMINISTRATOR B ; jj.��# .,.s DEPUTY H:\JudyI-Iayes\MSOFFICE\WINWORD\BOARD\DeAnza Gardens-Amendment to Architecture Contract.doc HOUSING AUTHORITY of the COUNTY OF CONTRA COSTA 3133 Estudillo Street • P.O. Box 2759 • Martinez, California 94553 PHONE: (925)372-7400 FAX(925)372-0236 August 6, 2002 AMENDMENT TO CONTRACT DATED AUGUST $,2001, BETWEEN KODAMA DISENO,AND THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA FOR THE DE ANZA GARDENS APARTMENT PROJECT It is hereby agreed that the contract dated August 8, 2001 between KodamaDisefro and the Housing Authority of the County of Contra Costa is modified as follows: I. The Design Development phase, as described in detail in the attached exhibit A, is now included in the scope of work. 2. The fixed fee for service is increased from $67,935 by the amount of$168,135, to a total of $236,070. 3. The allowance for reimbursable expenses is increased from $4,000, by the amount of $14,000, to a total of$18,000. 4. The contract dated August 8, 2001 is attached as Exhibit B. Agreed. KodamaDiseno The Housing Authority of the County of Contra Costa Steve Kodama, Principal Robert McEwan, Executive Director Date: Date: 11:U cardoza\DeAnza\.Arch itectCotatract\Amendmentl080602.w U.S. department of Housing and Urban development Office of Public and Indian Housing OMB Approval No.2577-0015(exp.7/31/98) Madel Farm of Agreement Between Owner and Design Professional EXHIBIT A To modified contract between KodamaDiseno and the -lousing Authority of the County of Contra Costa form HUD-51915(8/95) Previous editions are obsolete ref.Handbooks 7417.1,7450.1&7460.8 Model Form of Agreement U.S. Department of Housing OMB Approval No.2577-0015(exp.7/31/98) and Urban Development Between'towner and Office of Public and Indian Housing Design professional Public reporting burden for this collection of Information is estimated to average 15 minutes per response,including the time for reviewing Instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of Information. This agency may not conduct or sponsor,and a person is not required to respond to,a collection of Information unless that collecton displays a valid OMB control number. Table of Contents Page Introduction 3 Article A: Services 4 A, 1.0 Design Professional's Basic Services 4 A. 1.1 Areas of Professional's Basic Services 4 A. 1.2 Phases and Descriptions of Basic Services 4 A. 1.2.1 Schematic Design/Preliminary Study Phase 4 A. 1.2.2Design Development Phase 4 A. 1.2.3 Bidding,Construction and Contract Document Phase 4 A. 1.2.4 Bidding and Award Phase 4 A. 1.2.5Construeffon Phase 5 A. 1.2.6Post Completion/Warranty Phase 5 A. 1.3 Time of Performance 5 A. 2.0 Design Professional's Additional Services 5 A. 2.1 Description of Additional Services 5 A. 2.2 Written Addendum or Contract Amendment 5 Article B: Compensation and Payment 6 B. 1.0 Basic Services 6 B. 1.1 Fixed Fee for Basic Services 6 B. 1.2 Payment Schedule 6 B. 2.0 Reimbursabies 6 B.2.1 Reimbursable Expenses 6 B. 2.1.1 Travel Costs 6 B. 2.1.21-ong-Distance Telephone Costs 6 B. 2.1.3Delivery Costs 6 B. 2.1.4 Reproduction Costs 6 B. 2.1.5Additional Reimbursables 6 B. 3.0 Additional Services 6 B. 3.1 Payment for Additional Services 6 B. 4.0 Invoicing and Payments 6 B.4.1 Invoices 6 B. 4.2 Time of Payment 6 Article C: Responsibilities 6 C. 1.0 Design Professional's Responsibilities 6 C. 1.1 Basic Services 6 C. 1.2 Additional Services 6 C. 1.3 General Responsibilities 6 C. 1.4 Designing within f=unding Limitations 7 C. 1.5 Compliance with Laws,Codes,Ordinances and Regulations 7 C.1.6 Seal 7 C. 1.7 Attendance at Conferences 7 C. 2.0 Owner's Responsibilities 7 C. 2.1 Information 7 C.2.2 Notice of Defects 7 C. 2.3 Contract Officer 7 form HUD-51915(8/95) Previous editions are obsolete Page 1 of 11 ref.Handbooks 7417.1,7450.1&7460.8 C.2.4 Duties to Furnish 7 C.2.4.1 Survey and Property Restrictions 7 C.2.4.2Existing Conditions 7 C. 2.4.3Waivers 7 C. 2.4.4Minimum Wage Rates 7 C. 2.4.5`fests 7 C. 2.4.6Contract Terms 7 Article D: Contract Administration 8 D. 1.0 Prohibition of Assignment 8 D. 1.1 Ownership of Documents 8 D. 1.2 Substitutions 8 D. 1.3 Suspension 8 D. 1.4 Subcontracts 8 D. 1.5 Disputes 8 D. 1.6 Terminations 8 D. 1.7 Insurance 8 D. 1.8 Retention of Rights 8 Article E: Additional Requirements 8 E. 1.0 Contract Provisions Required by Federal Law or Owner Contract with the U.S. Department of Housing and Urban Development 8 E. 1.1 Contract Adjustments 8 E. 1.2 Additional Services 9 E. 1.3 Restrictive Drawings and Specifications 9 E. 1.4 Design Certification 9 E. 1.5 Retention and Inspection of Records 9 E. 1.6 Copyrights and Rights in Data 9 E. 1.7 Conflicts of Interest 9 E. 1.8 Disputes 9 E. 1.9 Termination 9 E. 1.10 Interest of Members of Congress 9 E. 1.11 Limitation of Payments to Influence Certain Federal Transactions 10 E. 1.12 Employment,Training and Contracting Opportunities for Low Income Persons,Section 3,HUD Act of 1968 10 E. 1.13 Indian Preference 10 E. 1.14 Clean Air and Water(Applicable to Contracts in excess of$100,000) 11 E. 1.15 Energy Efficiency 11 E. 1.16 Prevailing Wages 11 E. 1.17 Non-applicability of Fair Housing Requirements in Indian Housing Authority Contracts 11 E. 1.18 Prohibition Against Liens 11 Article F: Other Requirements(If any) 11 Execution of Agreement 11 Addendum(if any) 1 farm HUD-51915(6/95) Previous editions are obsolete Page 2 of 11 ref.Handbooks 7417.1,7450.1$7460.6 Introduction to Agreement Agreement made as of the Twenty-First clay of .lune in the year of Two Thousand Two Between the Owner (Name&Addtess) Housing Authority of the County of Contra Costa 3133 Estudillo Street Martinez, CA 94553 and the Design Professional (Name,Address and Discipiittt) KodamaDiseno Architects 1701 Montgomery Street San Francisco, CA 94111 For the following Project tlnclude detailed dcscriptian of Project,Location.Address.Scope and Program Resignation) The property is are approximately 14 acre site in the unincorporated community of Bay Point in the County of Contra Costa. The site is bounded on the westerly side by Alves Lane and on the northerly side by the DeAnza Trail. Medancs Avenue and pueblo lane are within the boundaries of the site. The site is presently the Los Medanos Pueblo public Housing Project consisting of 66 apartment units and a facility management building. The site also contains a Head Start facility that will remain. The existing public housing units and facility management building will be removed in two phases and will be replaced by 194 new affordable housing apartments units from one to four bedrooms each, and necessary ancillary facilities. The Owner and Design Professional agree as set forth below. farm HUD-51915(8.155) Previous editions are obsolete r 3 air I ref.Handbooks 7417.1,74%1&7460.8 Article A. Services A 1.0 Design Professional's Basic Services Drawings sufficient to fix and illustrate project scope and A. 1.1 Areas of Professional's Basic Services. Unless revised in character in all essential design elements a written addendum or amendment to this Agreement, in plan- Outline specifications ning,designing and administering construction or rehabilitation . Cost estimates and analysis of the Project,the Design Professional shall provide the Owner with professional services in the following areas: Recommendations for phasing of construction Architecture Site plan(s) Site Planning Landscape plan Structural Engineering Floor plans Mechanical Engineering Elevations, building and wall sections Electrical Engineering Updated three dimensional line drawings Civil Engineering Engineering drawings Landscape Architecture fter receipt of the Owner's written approval of Design Deve o ent Documents,the Design Professional shall prepare C - str tion Documents. After consultation with the Owner and A 1.2 Phases and Descriptions of Basic Services. Own 's attorney,if requested by the owner,the Design ofes- sional all also prepare and assemble all bidding and ntract pt of a Notice to Proceed from the 7anned e Des' docume s. The Design Professional shall revise then idling, Pro ssional shall prepare and deliver SchDesi re- Constructs n and Contract documents consistent th the re- limin Study Documents. These documeno st of a quirements nd criteria established by the Owner secure the presenta' n of the complete concept of the Puding ail Owner's wri n approval. They shall, include in a detailed, major elem is of the building(s),and site dplanned to manner all wo to be performed; all materia, workmanship; promote econ y both in construction and iration and finishes and equi ment required for the archit ctural,structural, to comply with urrent program and cosns. The mechanical,electr al,and site work; surve maps furnished by Design Profession shall revise these currents consistent Owner; and direct r roduction of any to and subsurface soil with the requirement nd criteria esta shed by the Owner to investigations. Thes documents shall ' elude: secure the Owner's writ n approval Additionally, the Design Solicitation for 'ds Professional shall make an i depe ent assessment of the accu- Form of Contract racy of the information pro d by the Owner concerning . Special Conditions existing conditions. Docum t 'n this phase shall include: General Conditions Site plan(s) Schedule of b ' ding types, u ' distribution and bed- Technical Specificatio s room count Pians and drawings Scale pla of all buildings, and typic dwelling units Updated cost esti tes Wali s tions and elevations Ou tie specifications A.1.2.4 Bidding and ward Phase. A r written approval of eliminary construction cost estimates Bidding,Constructi and Contract Docu nts from the Owner, the Design Profess' nal shall assist in admi 'stering the bidding Project specific analysis of codes,ordinances and r ula- and award of th onstruction Contract. Th shall include: tions • Respon ng to inquires Draft' g and issuing addendum approved Owner • Att ding prebid conference(s) A. 1.2.2 Design Development Phase. After receipt of written ending public bid openings approval of Schematic Design[Preliminary Study Documents, the Design Professional shall prepare and submit to the Owner eviewing and tabulating bids Design Development Documents. The Design Professional shall Recommending list of eligible bids revise these documents consistent with the requirements and Recommending award criteria established by the Owner to secure the Owner's written Altering drawings and specifications as often as required approval. These documents shall include the following: form NUC!-51815(8195) Previous editions are obsolete Paga 4 of 11 ref.Handbooks 7417.1,7450.1&7460.8 A. 1.2.5 Construction Phase. After execution of the Construc- A. 1.2.6 Post Completion/Warranty Phase. After execution of tion Contract, the Design Professional shall in a prompt and the Certificate of Completion by the Owner,the Design Profes- timely manner administer the Construction Contract and all sional shall: work required by the Bidding,Construction and Contract Docu- Consult with and make recommendations to Owner dur- ments. The Design Professional shall endeavor to protect the ing warranties regarding construction, and equipment Owner against defects and deficiencies in the execution and warranties. performance of the work. The Design Professional shall: Perform an inspection of construction work, material, Administer the Construction Contract. systems and equipment no earlier than nine months and Conduct pre-construction conference and attend dispute no later than ten months after completion of the construc- resolution conferences and other meetings when requested tion contract and make a written report to the Owner. At by the Owner. the Owner's request, and by Amendment to the Addi- Review and approve contractor's shop drawings and tional Services section of this contract, conduct addi- other submittals for conformance to the requirements of tional warranty inspections as Additional Services, the contract documents. Advise and assist Owner in construction matters for a At the Owner's written request, and as Additional Ser- period up to eighteen months after completion of the vice, procure testing from qualified parties. project,but such assistance is not to exceed forty hours of Monitor the quality and progress of the work and furnish service and one nonwarranty trip away from the place of awritten field report =weekly, =semi monthly, business of the Design Professional. = monthly, or = . This service shall be limited to a period amounting to 110%of A.1.3 Time of Performance. The Design Professional's sched- the construction period as originally established under the ule for preparing,delivering and obtaining Owner's approval for construction contract unless construction has been delayed Basic Services shall be as follows: due to the Design professional's failure to properly perform its duties and responsibilities. The Owner may direct ca e e o Ehe receipt of a additional monitoring but only as Additional Services. Require any sub-consultant to provide the services listed Design Development Documents within 60 calendar in this section where and as applicable and to visit the days from the date of receipt of written approval by the Project during the time that construction is occurring on Owner of Schematic Design/Preliminary Study documents. the portion of the work related to its discipline and report Be— in writing to the Design Professional. s fr o receipt of Review, approve and submit to Owner the Contractor written e Owner velopment Requests for Payment. Conduct all job meetings and record action in a set of minutes which are to be provided to the Owner. A.2.0 Design Professional's Additional Services Make modifications to Construction Contract Documents A.2.1 Description of Additional Services. Additional Services to correct errors,clarify intent or to accommodate change are all those services provided by the Design Professional on the orders. Project for the Owner that are not defined as Basic Services in Make recommendations to Owner for solutions to special Article A,Section 1.2 or otherwise required to be performed by problems or changes necessitated by conditions encoun- the Design Professional under this Agreement. They include tered in the course of construction. major revisions in the scope of work of previously approved Promptly notify Owner in writing of any defects or drawings, specifications and other documents due to causes deficiencies in the work or of any matter of dispute with beyond the control of the Design Professional and not due to any the Contractor. errors,omissions,or failures on the part of the Design Professional Negotiate,prepare cost or price analysis for and counter- to carry out obligations otherwise set out in this Agreement. sign change orders. A.2.2 Written Addendum or Contract Amendment. All addi- Prepare written punch list,certificates of completion and tional services not already expressly required by this agreement other necessary construction close out documents. shall be agreed to through either a written addendum or amend- Prepare a set of reproducible record prints of Drawings ment to this Agreement. showing significant changes in the work made during construction, including the locations of underground Article B: Compensation and Payment utilities and appurtenances referenced to permanent sur- B. 1.0 Basic Services face improvements,based on marked-up prints,drawings B. 1.1 Fixed Fee for Basic Services. The Owner will pay the and other data furnished by the contractor to the Design Design Professional for Basic Services performed as defined by Professional. A.1.2,a Fixed Fee(stipulated sum)of$ plus Reimbursable Expenses identified in Article B.2.0. Such form HUD-51915(9195) Previous editions are obsolete page 5 of 11 ret.Handbooks 7417.1,7450.1&7460.9 payment shall be compensation for all Basic Services required, is to be on an hourly basis or other unit pricing method, for a performed, or accepted under this Contract. maximum amount; each such amendment or addendum shall B. 1.2 Payment Schedule. Progress payments for Basic Ser- also provide for a method of payment,including,at a minimum, vices for each phase of work shall be made in proportion to whether payment will be made in partial payments or in lump services performed as follows: sum and whether it will be based upon percentage of completion Phase Amount or services billed for. B.4.0 Invoicing and Payments Schematic Design/Preliminary Study Phase $ —67';95— B 4.1 Invoices. All payments shall require a written invoice Design Development Phase $ 168,135 from the Design Professional. Invoices shall be made no more Bidding,Construction&Contract Document Phase$ frequently than on a monthly basis. Payments for Basic Services shall be in proportion to services completed within each phase of Bidding & Award Phase $ _ work. When requesting such payment,the invoice shall identify Construction Phase $ the phase and the portion completed. All invoices shall state the Agreement,name and address to which payment shall be made, Post Completion!Warranty Phase $ the services completed and the dates of completion,and whether Total Basic Services $ the invoice requests payment for Basic Services,Reimbursable or - Additional Services. Invoices seeking payment for Reimbursable or Additional Services must provide detailed documentation. B.2.0 Reimbursables B.4.2 Time of Payment. Upon the Design Professional's proper B.2.1 Reimbursable Expenses. The Owner will pay the Design submission of invoices for work performed or reimbursable Professional for the Reimbursable Expenses listed below up to a expenses,the Owner shall review and,if the work is in conform- Maximum Amount of$ 14 000 Reimbursable ance with the terms of the Agreement, make payment within Expenses are in addition to the Fixed Pee for Basic Services and are thirty days of the Owner's receipt of the invoice. for certain actual expenses incurred by the Design Professional in connection with the Project as enumerated below. Article C: Responsibilities B.2.1.1 'Travel Costs. The reasonable expense of travel costs C. 1.0 Design Professional's Responsibilities incurred by the Design Professional when requested by Owner to C.1.1 Basic Services. The Design Professionals shall provide travel to a location that lies outside of a 45 mile radius of either the Basic Service set out in Article A.1.0. the Project site, Design Professional's office (s), and Owner's C 1.2 Additional Services. When required under this Agree- office. ment or agreed to as set out in A.2.0, the Design Professional B.2.1.2 Long Distance Telephone Costs. Long distance tele- shall provide Additional Services on the Project. phone calls and long distance telefax costs. C. 1.3 General Responsibilities. The Design Professional shall, B.2.1.3 Delivery Costs. Courier services and overnight delivery be responsible for the professional quality, technical accuracy, costs. and coordination of all designs, drawings, specifications, and B.2.1.4 Reproduction Costs. Reproduction and postage costs of other services, furnished by the Design Professional under this required drawings, specifications, Bidding and Contract docu- Agreement. The Owner's review, approval, acceptance of, or ments,excluding the cost of reproductions for the Design Profes- payment for Design Professional services shall not be construed sional or Subcontractor's own use. as a waiver of any rights under this Agreement or of any cause B.2.1.5 Additional Reimbursables. The Design Professional of action for damages caused by Design Professional's negligent and Owner may agree in an addendum or amendment to this performance under this Agreement. Furthermore, this Agree- Agreement to include certain other expenses not enumerated ment does not restrict or limit any rights or remedies otherwise above as Reimbursable Expenses. These Reimbursables shall afforded the Owner or Design Professional by law. not be limited by the Maximum Amount agreed to above. A C. 1.4 Designing Within Funding Limitations. The Design Profes- separate Maximum Amount for these Reimbursables shall be sional shall perform services required under this Contract in such a established. manner so as to cause an award of a Construction Contract(s)that does not exceed(1) $ 110 or(2)an amount B .3.0 Additional Services to be provided by the Owner in writing to the Design Professional prior to the commencement of Design Professional services. This B.3.1 Payment for Additional Services. The Owner will pay the fixed limit shall be called the Maximum Construction Contract Design Professional only for Additional Services agreed to in an Cost. The amount may be increased by the Owner,but only with addendum or amendment to this Agreement executed by the written notice to the Design Professional. If the increase results in Owner and the Design Professional pursuant to A.2. Payment for a change to the scope of work,an amendment to this Agreement will all such Additional Services shall be in an amount and upon the be required. The Design Professional and the Owner may mutually terms set out in such amendment or addendum and agreed upon agree to decrease the Maximum Construction Contract Cost, but by the parties. Each such amendment or addendum shall provide only by signing a written amendment to this Agreement. Should for a fixed price or,where payment for such Additional Services bids for the Construction Contract(s)exceed the Maximum Con- form HUD-51915(8195) Previous editions are obsolete page 6 of 11 ret.Handbooks 7417.1,7450.1&7460.8 struction Contract Cost, the Owner has the right to require the C.2.3 Contract Officer. The Owner shall designate a Contract Design Professional to perform redesigns,rebids and other services Officer authorized to act on its behalf with respect to the design necessary to cause an award of the Construction Contract within the and construction of the Project. The Contract Officer shall Maximum Construction Contract Cost without additional compen- examine documents submitted by the Design Professional and sation or reimbursement. shall promptly render decisions pertaining to those documents so C. 1.5 Compliance with Laws, Codes, Ordinances and Regula- as to avoid unreasonably delaying the progress of the Design tions. The Design Professional shall perform services that conform Professional's work. to all applicable Federal, State and local laws, codes, ordinances C.2.4 Duties to Furnish. The Owner shall provide the Design and regulations except as modified by any waivers which may be Professional the items listed below. obtained with the approval of the Owner. If the Project is within an C.2.4.1 Survey and Property Restrictions. The Owner shall Indian reservation, tribal laws, codes and regulations shall be furnish topographic,property line and utility information as and substituted for state and local laws,codes,ordinances and regula- where required. The Owner may at its election require the tions. However, on such a Native American Projects,the Owner Design Professional to furnish any of these items as an Addi- may additionally designate that some or all state and local codes tional Service. shall apply. In some of these circumstances, a model national C 2 4 2 Existing Conditions. The Owner shall provide the building code may be selected by the Indian or Native American Design Professional any available"as built"drawings of build- Owner. The Design Professional shall certify that Contract Docu- ings or properties, architect surveys, test reports,and any other ments will conform to all applicable laws, codes, ordinances and written information that it may have in its possession and that it regulations. The Design Professional shall prepare all construction might reasonably assume affects the work. documents required for approval by all governmental agencies having jurisdiction over the project. The Design professional shall C.2.4.3 Waivers. The Owner shall provide the Design Profes- make all changes in the Bidding and Construction Documents sional information it may have obtained on any waivers of local necessary to obtain governmental approval without additional codes, ordinances, or regulations or standards affecting the compensation or reimbursement,except in the following situations. design of the Project. If subsequent to the date the Owner issues a notice to proceed, C.2.4.4 Minimum Wage Rates. The Owner shall furnish the revisions are made to applicable codes or non-federal regulations, Design Professional the schedule of minimum wage rates ap- the Design Professional shall be entitled to additional compensation proved by the U.S. Secretary of Labor for inclusion in the and reimbursements for any additional cost resulting from such solicitation and Contract Documents. changes. The Design Professional,however,is obligated to notify C.2.4.5 Tests. When expressly agreed to in writing by both the the Owner of all significant code or regulatory changes within sixty Owner and the Design Professional,the Owner shall furnish the (60)days of their change,and such notification shall be required in Design Professional all necessary structural,mechanical,chemi- order for the Design Professional to be entitled to any additional cal or other laboratory tests,inspections and reports required for compensation or reimbursement. the Project. C. 1.6 Seal. Licensed Design Professionals shall affix their seals C.2,4,6 Contract Terms. The Owner or its legal counsel may and signatures to drawings and specifications produced under this provide the Design Professional text to be incorporated into Agreement when required by law or when the project is located on Bidding and Construction Contract Documents. an Indian Reservation. C. 1.7 Attendance at Conferences. The Design Professional or Article D: Contract Administration designated representative shall attend project conferences and meetings involving matters related to basic services covered under i this contract. Attendance at community wide meetings shall be shall no subcontract, or transfer any se ' o iga considered an additional service. tions, or interest in a-A em e Lvvitt uttb e p for written C.2.0 Owner's Responsibilities consent of the Owne conse of unreasonably be withhe such assignment is for financt esign C.2.1 Information. The Owner shall provide information regard- ing requirements for the project,including a program that shall set D. 1.1 Ownership of Documents. All drawings, specifications, forth the Owner's objectives and schedule. The Owner shall also studies and other materials prepared under this contract shall be establish and update the Maximum Construction Cost. This shall the property of the Owner and at the termination or completion include the Owner's giving notice of work to be performed by the of the Design Professional's services shall be promptly delivered Owner or others and not included in the Construction Contract for to the Owner. The Design Professional shall have no claim for the Project. The Design Professional,however,shall be responsible further employment or additional compensation as a result of to ascertain and know federal requirements and limitations placed exercise by the Owner of its full rights of ownership. It is on the Project. understood, however, that the Design Professional does not C.2.2 Notice of Defects. If the Owner observes or otherwise represent such data to be suitable for reuse on any other project becomes aware of any fault or defect in the construction of the or for any other purpose. If the Owner re-uses the subject data project or nonconformance with the Construction Contract, the without the Design Professional's written verification, such re- Owner shall give prompt written notice of those faults,defects use will be at the sole risk of the Owner without liability to the or nonconformance to the Design Professional. Design Professional. Previous editions are obsoleteform HUD-59915(8195) page 7 of 11 ref.Handbooks 7417.1,7450.1&7460.8 A. The Design Professional shall identify in writing print' i or Comprehensive General Liability Insurance,Professio I s and professional level employees and shall not substitute r Lia 'lity Insurance (for a period extending two years pa the r lace principals or professional level employees without a date completion of construction), and other insuranc as are pri r approval of the Owner which shall not unreasonabi be require law,all in minimum amounts as set forth b ow. The wit eld. Design Pr essional shall furnish the Owner c ificates o€ B. The Design Professional's personnel identified be w are insurance an hey shall state that a thirty day otice of prior consid ed to be essential to the wank effort. Prior to venting cancellation or ange will be provided to the weer. Addition- ally,the Owner sh be an additional incur on all Commercial or subs 'toting any of the specified individuals, t Design or Comprehensive enol liability pol' es. Professi al shall notify the Owner reasonably in a ante and shall sub 't justification, including proposed subs tutions, in Insurance Li ' s or Amount sufficient etail to permit evaluation of the i act on the contract. diversion or substitution of such ey personnet shall be ma by the Design professional wi out the prior written consen of the Owner. D.1.8 Retention Rights. Neither the per's review, ap- proval or accep ce of,nor payment for, the ervices required under this co ract shall be construed to operate s a waiver of any rights der this contract or of any cause of acti arising out of the p ormance of this contract,and the Design Pr essional D. 1.3 Suspension. Xba caner may give written notice to the shall and remain liable to the Owner in accordance 'th the Design Professional soend won on the project or any part ap cable law for all damages to the Owner caused b the thereof. The Owner sbe ob gated to consider a claim for sign professional 's negligent performance of any of additional compensaf he esign Professional is given written notice to reswa k ithin 120 calendar days. If notice to resume wort gi n within 120 calendar days,the Article E: Additional Requirements Design Professional e a Wed to an equitable adjustment E. 1.0 Contract Provisions Required by Federal Law or Owner in compensation. Contract with the U.S.Department of Housing and Urban Devel- D.1.4 Subcontracts. esig Professional will cause all oprnent (HUD}. applicable provisions Agree ent to be inserted in all its E. 1.1 Contract Adjustments. Notwithstanding any other term subcontracts. or condition of this Agreement, any settlement or equitable D.1.5 Disputes. Invent of a 'spate arising under this adjustment due to termination, suspension or delays by the Agreement, the Desrofessional all notify the Owner Owner shall be negotiated based on the cost principles stated at promptly in writing amit its claim i a time manner. The 48 CFR Subpart 31.2 and conform to the Contract pricing Own/ab all respon to the claim in writi in a timely manner. provisions of 24 CFR 85.36(f). The n Profes onal shall proceed wit its work hereunder E. 1.2 Additional Services. The Owner shall perform a cost or in coiance w' h the instructions of th Owner, but such price analysis as required by 24 CFR 85.36 (f) prior to the compe shat not be a waiver of the Des n Professional's issuance of a contract modificationlamendment for Additional rightake eh a claim. Any dispute no resolved by this Services. Such Additional Services shall be within the general procema be determined by a court of co tent jurisdic- scope of services covered by this Agreement.The Design Profes- tion oco ent of the Owner and Design Profe ional by other sional shall provide supporting cost information in sufficient dispuso ution methods. detail to permit the Owner to perform the required cost or price D.1. r ination. The Owner may terminate thi Agreement analysis. for thper's convenience or for failure of the Des n Profes- E. 1.3 Restrictive Drawings and Specifications. In accordance sionaulfill contract obligations. The Owner shall erminate with 24 CFR 85.36(c)(3)(i)and contract agreements between the bydeing to the Design Professional a Notice of Ter ination Owner and HUD, the Design Professional shall not require the specithe reason therefore and the effective date o termi- use of materials,products, or services that unduly restrict com- natiopon receipt of such notice, the Design Profe ional petition. sha immediately discontinue all services affected and d Iver E 1.4 Design Certification. Where the Owner is required by to e Owner all information,reports,papers,and other mate 'als federal regulations to provide HUD a Design Professional certi- a cumulated or generated in performing this contract whet er fication regarding the design of the Projects (24 CFR 968.235, atnpieted or in process. If the termination is for convenience f 905.260 and 905.639), the Design Professional shall provide he Owner, the Owner shall be liable only for payment fa1—r-_04140 A1144014-A jilt- such a certification to the Owner. Previous editions are obsoleteform MUD-51915(8195) Page 8 of 11 ref.Handbooks 7417.1,7450.1&7460.8 E. 1.5 Retention and Inspection of Records. Pursuant to 24 CFR, localities involuntarily acquires or had acquired prior to the 85.26(i)(10 and (11), access shall be given by the Design beginning of his/her tenure any such interest,and if such interest Professional to the Owner,HUD,the Comptroller General of the is immediately disclosed to the Owner and such disclosure is United States,or any of their duly authorized representatives,to entered upon the minutes of the Owner,the Owner,with the prior any books,documents,papers,and records of the Design Profes- approval of the Government, may waive the prohibition con- sional which are directly pertinent to that specific Contract for tained in this subsection: Provided, That any such present the purpose of making an audit, examination, excerpts, and member,officer,or employee of the Owner shall not participate transcriptions. All required records shall be retained for three in any action by the Owner relating to such contract,subcontract, years afterthe OwnerorDesign Professional andother subgrantees or arrangement. make final payments and all other pending matters are closed. No member, officer,or employee of the Owner,no member of E. 1.6 Copyrights and Rights in Data. HUD has no regulations the governing body of the locality in which the project is pertaining to copyrights or rights in data as provided in 24 CFR situated, no member of the governing body of the locality in 85.36. HUD requirements,Article 45 of the General Conditions which the Owner was activated, and no other public official of to the Contract for Construction(form HUD-5370 requires that such locality or localities who exercises any functions or respon- contractors pay all royalties and license fees. All drawings and sibilities with respect to the project,during his/her tenure or for specifications prepared by the Design Professional pursuant to one year thereafter,shall have any interest,direct or indirect,in this contract will identify any applicable patents to enable the this contract or the proceeds thereof. general contractor to fulfil the requirements of the construction E. 1.8 Disputes. In part because of HUD regulations (24 CFR contract. 85.36(i)(1)), this Design Professional Agreement, unless it is a E. 1.7 Conflicts of Interest. Eased in part on federal regulations small purchase contract,has administrative,contractual,or legal (24 CFR 85.36(b)) and Contract agreement between the Owner remedies for instances where the Design Professional violates or and HUD, no employee, officer, or agent of the Owner (HUD breaches Agreement terms, and provide for such sanctions and grantee)shall participate in selection,or in the award or admin- penalties as may be appropriate. istration of a contract supported by Federal funds if a conflict of E. 1.9 Termination. In part because of HUD regulations (24 interest, real or apparent, would be involved. CFR 85.36(i)(2)),this Design Professional Agreement,unless it Such a conflict would arise when. is for an amount of$10,000 or less,has requirements regarding (i) The employee, officer or agent, termination by the Owner when for cause or convenience. These (ii) Any member of his or her immediate family, include the manner by which the termination will be effected and basis for settlement. (iii)His or her partner,or E. 1.10 Interest of Members of Congress. Because of Contract (iv)An organization that employs,or is about to employ,any agreement between the Owner and HUD, no member of or of the above,has a financial or other interest in the firm selected delegate to the Congress of the United States of America or for award. The grantee's or subgrantee's officers,employees or Resident Commissioner shall be admitted to any share or part of agents will neither solicit nor accept gratuities, favors or any- this Contract or to any benefit to arise from it. thing of monetary value from Contractors, or parties to sub- E 1,11 Limitation of Payments to Influence Certain Federal agreements. Grantees and subgrantees may set minimum rules Transaction. The Limitation on Use of Appropriated Funds to where the financial interest is not substantial or the gift is an Influence Certain Federal Contracting and Financial Transac- unsolicited item of nominal intrinsic value. To the extent tions Act,Section 1352 of Title 31 U.S.C.,provides in part that permitted by State or local law or regulations,such standards or no appropriated funds may be expended by recipient of a federal conduct will provide for penalties,sanctions,or other disciplin- contract, grant, loan, or cooperative agreement to pay any ary actions for violations of such standards by the grantee's and person, including the Design Professional, for influencing or subgrantee's officers,employees,or agents or by Contractors or attempting to influence an officer or employee of Congress in their agents. The awarding agency may in regulation provide connection with any of the following covered Federal actions: additional prohibitions relative to real, apparent, or potential the awarding of any federal contract,the making of any Federal conflicts of interest. grant, the making of any federal loan, the entering into of any Neither the Owner nor any of its contractors or their subcontrac- cooperative agreement, and the extension, continuation, re- tors shall enter into any Contract, subcontract,or agreement, in newal, amendment, or modification of any federal contract, connection with any Project or any property included or planned grant, loan, or cooperative agreement. to be included in any Project,in which any member,officer, or E 1.12 Employment, Training, and Contracting Opportunities employee of the Owner,or any member of the governing body of for Low-income Persons, Section 3 of the Housing and Urban the locality in which the Project is situated,or any member of the Development Act of 1968. governing body of the locality in which the Owner was activated, or in any other public official of such locality or localities who A. The work to be performed under this contract is subject to the exercises any responsibilities or functions with respect to the requirements of section 3 of the Housing and Urban Develop- Project during his/her tenure or for one year thereafter has any ment Act of 1968,as amended, 12 U.S.C. 1701u(section 3). The interest, direct or indirect. If any such present or former purpose of section 3 is to ensure that employment and other member,officer,or employee of the Owner,or any such govern- economic opportunities generated by HUD assistance or HUD- ing body member or such other public official of such locality or assisted projects covered by section 3, shall, to the greatest form HUD-51915(8135) Previous editions are obsolete Page 9 of 11 ref.Handbooks 7417.1,7450.1&7460.8 extent feasible, be directed to low- and very low-income per- Indian Self-Determination and Education Assistance,25 U.S.C. sons,particularly persons who are recipients of HUD assistance section 450e(b) when this law is applicable. for housing. E. 1.13 Indian Preference in Indian Housing Authority Con- B. The parties to this contract agree to comply with HUD's tracts.Pursuant to 24 CFR section 905.165 and Federal law,the regulations in 24 CFR part 135,which implement section 3. As Design Professional shall provide Indian Preference in its con- evidenced by their execution of this contract, the parties to this tracting, training, and employment practices when this contract contract certify that they are under no contractual or other is with an Indian Housing Authority and shall incorporate the impediment that would prevent them from complying with the following language into all of its subcontracts: part 135 regulations. (i) The work to be performed under this contract is on a C. The contractor agrees to send to each labor organization or project subject to section 7(b)of the Indian Self-Determination representative of workers with which the contractor has a collec- and Education Assistance Act(25 U.S.C.450e(b)). Section 7(b) tive bargaining agreement or other understanding, if any, a requires that to the greatest extent feasible (i) preference and notice advising the labor organization or workers' representa- opportunities for training and employment shall be given to tive of the contractor's commitments under this section 3 clause, Indians, and (ii) preferences in the award of contracts and and will post copies of the notice in conspicuous places at the subcontracts shall be given to Indian organizations and Indian- work site where both employees and applicants for training and owned Economic Enterprises. employment positions can see the notice. The notice shall (ii) The parties to this contract shall comply with the provi- describe the section 3 preference, shall set forth minimum sions of said section 7(b) of the Indian Self-determination and number and job titles subject to hire,availability of apprentice- Education Assistance Act (25 U.S.C. 450e(b)) and all HUD ship and training positions,the qualifications for each;and the requirements adopted pursuant to section 7(b). name and location of the person(s) taking applications for each o (iii)In connection with this contract, the parties shall, to the f the positions; and the anticipated date the work shall begin. greatest extent feasible, give preference in the award of any D. The contractor agrees to include this section 3 clause in every subcontracts to Indian organizations and Indian-owned Eco- subcontract subject to compliance with regulations in 24 CFR nomic Enterprises, and preferences and opportunities for train- part 135,and agrees to take appropriate action,as provided in an ing and employment to Indians. applicable provision of the subcontract or in this section 3 clause,upon a finding that the subcontractor is in violation of the (iv)This section clause shall incorporated into every regulations in 24 CFR part 135. The contractor will not subcon- tract with any subcontractor where the contractor has notice or (v) Upon a finding by the THA or HUD that any party to the knowledge that the subcontractor has been found in violation of contract is in violation of the section 7(b)clause,said party shall the regulations in 24 CFR part 135. at the direction of the IHA, take appropriate remedial action E. The contractor will certify that any vacant employment pursuant to the contract. positions, including training positions, that are filled (1) after E. 1.14 Clean Air and Water.(Applicable to contracts in excess the contractor is selected but before the contract is executed,and of$100,000). Because of 24 CFR 85.36(i)(I2)and Federal law, (2)with persons other than those to whom the regulations of 24 the Design Professional shall comply with applicable standards, CFR part 135 require employment opportunities to be directed, orders,or requirements issued under section 306 of the Clean Air were not filled to circumvent the contractor's obligations under Act(42 U.S.C.§ 1857h-4 transferred to 42 USC§7607,section 24 CFR part 135. 508 of the Clean Water Act(33 U.S.C.§ 1368),Executive Order F. Noncompliance with HUD's regulations in 24 CFR part 135 11738, and Environmental Protection Agency regulations (40 may result in sanctions,termination of this contract for default, CFR part 15), on all contracts, subcontracts, and subgrants of and debarment or suspension from future HUD assisted con- amounts in excess of$100,000. tracts. E. 1.15 Energy Efficiency. Pursuant to Federal regulations(24 G. With respect to work performed in connection with section C.F.R 85.36(i)(13))and Federal law,except when working on an 3 covered Indian housing assistance, section 7(b) of the Indian Indian housing authority Project on an Indian reservation, the Self-Determination and Education Assistance Act (25 U.S.C. Design Professional shall comply with the mandatory standards 450e) also applies to the work to be performed under this and policies relating to energy efficiency which are contained in contract.Section 7(b)requires that to the greatest extent feasible the state energy conservation plan issued in compliance with the (i) preference and opportunities for training and employment Energy Policy and Conservation Act(Pub.L.94-163 codified at shall be given to Indians, and (ii) preference in the award of 42 U.S.C.A. § 6321 et. seq.). contracts and subcontracts shall be given to Indian organizations E. 1.16 Prevailing Wages. In accordance with Section 12 of the and Indian-owned Economic Enterprises. Parties to this contract U.S.Housing Act of 1937(42 U.S.C. 1437j)the Design Profes- that are subject to the provisions of section 3 and section 7(b) sional shall pay not less than the wages prevailing in the locality, agree to comply with section 3 to the maximum extent feasible, as determined by or adopted (subsequent to a determination but not in derogation of compliance with section 7(b). under applicable State or local law)by the Secretary of HUD,to H. Pursuant to 24 CFR 905.170(b),compliance with Section 3 all architects, technical engineers, draftsmen, and technicians. requirements shall be to the maximum extent consistent with, but not in derogation of compliance with section 7(b) of the Previous editions are obsoletetorte HUD-51915(8195) Page 10 of 11 ret.Handbooks 7417.1,7450.1&7460.8 E. 1.17 Non-applicability of Fair Housing Requirements in In- E. LISProhibition Against Liens. The Design professional is dian Housing Authority Contracts. Pursuant to 24 CFR section Prohibited from placing a lien on the Owner's property. This 905.115(b) title VI of the Civil Rights Act of 1964 (42 U.S.C. prohibition shall be placed in all design professional subcontracts. 2000d-2000d-4), which prohibits discrimination on the basis of Article F't Other Owner Requirements (if any) race,color or national origin in federally assisted programs,and the Fair Housing Act (42 U.S.C. 3601-3520), which prohibits (Continue on additional pages as necessary) discrimination based on race, color, religion, sex, national origin,handicap,or familial status in the sale or rental of housing do not apply to Indian Housing Authorities established by exercise of a Tribe's powers of self-government. This Agreement is entered into as of the day and year first written above. Owner Design Professional }-lousing Authority of Contra Costa County KodamaDiseno (Housing Authority) (Firm) Date: Date: o- -Z 0-2- (Signature) 2(Signature) (Signature) Robert McEwan Steven Y. Kodama, FAIR (Print Name) (Print Name) Executive Director Principal / Chief Financial Officer (Print Title) (Print Title) Previous editions are obsolete form HUD-51916(8/95) Page 11 of 11 ref.Handbooks 7417.1,7450.1&7460.8 ARTICLE F DeAnza Gardens Contra Costa County Housing Authority (Owner) Kodama Diseno Architects (Design Professional) F.1.1. The words"Design Professional"on the Agreement means the services of the Architect as an Architect. F.1.2. in reference of paragraph 8.2.1 All reimbursable expenses including consultant expenses are limited by the maximum amount of $ 14,000.00. F.1.3. Payment for additional services: As referred on the paragraph B.3.1 shall be hourly, based on the following rates: Principal: $115.00 Senior Architects: $95.00 Architect $85.00 Staff Level 1: $75.00 Staff Level 11: $70.00 Administration $55.00 Consultants and Reimbursable Expenses at 1.15 times cost. F.1.4. In reference of item, C.1.7 the Design Professional (Architect)will attend up to six Public Meetings as required by Owner. F.1.5. The following consultant firms and Design Development Services are part of this contract: STRUCTURAL LANDSCAPE ELECTRICAL ENGINEERING ARCHITECTURE ENGINEERING Mr. Richard Holm Ms. Maisha Ruth Mr. Sat Bhatia CH Wells and Associates RHL Design Group Bhatia Associates 2031 Pioneer Ct. Suite 12 1137 N. McDowell Blvd. 120 Montgomery Street, San Mateo, CA 94403 Petaluma, CA 94954 Suite 11901 Phone: 650 345 3554 Phone: 707 765 1660 San Francisco CA 94104 Fax: 650 345 3885 Fax: 707 765 9908 phone: 415-546-1020 fax: 415-956-6890 mailfthwells.com Mruth@rhldesign.com bhafia-assocCmsn.com CIVIL ENGINEERING MECHANICAL AND PLUMBING ENGINEERING Mr. Ed Giuliani Mr.Waleed Alrawi Giuliani&Kull HTC Engineers 111899 Edgewood Road, 1529 Cypress Street Suite 103 Suite Q Walnut Creek, CA 94596 Auburn, CA 95603 Prone: (530) 885-5107 Phone (925) 9374147 Fax: (530) 885-5157 Fax (925)937-6931 eggiuiliani@aol.com htcengrs@pacbell.net DE ANZA GARDENS 1 of 3 ARTICLE F-REQ F1.5.1 Consultant fees for the Design Development Phase, included in the Contract Sum, are as follows: Landscape $2,565 Civil $4,500 Mechanical & Plumbing $8,850 Electrical $11,250 Structural $16,400 F.1.6. The Design Professional represents, and the Owner acknowledges, that the Design Professional is unable to obtain, at a reasonable cost, insurance for claims arising out of the Design Professional's performance or failure to perform professional services, related to the investigation, detection, abatement, replacement, or removal of products, materials, or processes containing asbestos, pollution, and/or other materials classified as hazardous pursuant to Federal, State, and Local laws(hereinafter collectively referred to as"Hazardous Materials"). Therefore, it shall not be part of Basic Services or Additional Services and it shall not be the responsibility of the Design Professional to prepare reports, designs,drawings,and specifications involving Hazardous Materials and the Design Professional shall not be liable for any claims arising from preparation or failure to prepare such reports,designs, drawings or specifications. The Owner may retain consultants(the"Hazardous Materials Consultants")to perform investigations with respect to the presence of Hazardous Materials;to prepare reports and recommendations with respect to Hazardous Materials;to prepare specifications for remediation of Hazardous Materials,and to perform remediation of Hazardous Materials(the"Hazardous Materials Contracts"). The Design Professional shall not be responsible for any aspect of work performed by the Hazardous Materials Consultants in connection with the Hazardous Materials Contracts, but the Design Professional shall be responsible for providing Basic Services and Additional Services in a manner that is consistent with the condition of the property after completion of the work pursuant to the Hazardous Materials Contracts. In the event that the Design Professional or any other party encounters Hazardous Materials at the job site, or should it become known in any way that Hazardous Materials may affect the performance of the Design Professional's Basic Services or Additional Services, the Design Professional may,at the Design Professional's option, and without liability for consequential or any other damages, suspend performance of Basic Services or Additional Services on the Project until the Owner retains appropriate Hazardous Materials Consultants to identify, remedlate,and remove the Hazardous Materials and represent that the job site is in compliance with applicable laws and regulations regarding Hazardous Materials. Nothing in this Section shall prevent the Owner from bringing an action against the Design Professional, its employees, agents, and consultants for any claims, losses,or damages arising out of the Design Professional's negligent professional services for the Project(or the negligent professional services of the Design Professional's employees, agents, and consultants)which do not directly relate to Hazardous Materials or the Hazardous Materials Contracts as set forth above. F.1.7. Federal, State, and Local regulations that are applicable to the Project, including the Americans with Disabilities Act(the"Applicable Regulations") are subject to case-by-case interpretation by Federal, State, and Local regulating agencies (the"Regulating Officials"). This may lead to contradictory interpretations of Applicable Regulations by the Regulating Officials that may affect the design of the Project. The Design Professional will use its best efforts and judgement to determine which interpretation of the Applicable Regulations will be controlling and to provide Basic Services and Additional Services in accordance with such controlling interpretation of the Applicable Regulations. If the Design Professional is unable to determine which interpretation of the Applicable Regulations is controlling, the Design Professional will advise the Owner as to the reason such controlling interpretation cannot be determined and shall inform the Owner of the choices available for the design of the Project and the likely consequence of choosing each of the alternatives. F.1.8. The Owner agrees to hold the Design Professional harmless from any damage, loss or injury to the Design Professional resulting from existing conditions at the site of the Project, except to the extent such damage, loss or injury is caused by the negligence of willful acts of the Design Professional. Da ANZA GARDENS 20F 3 ARTICLE F--REv3 F.1.9. The Design Professional understands that the Owner intends to use financing methods for the Project that will make it advantageous to utilize an Ownership entity different from the Owner. Therefore, the Design Professional agrees that the Owner may transfer the Project and assign this Agreement to a nonprofit corporation, limited partnership or limited liability company, and the Design Professional agrees to execute an assignment of this Agreement to such entities in a form acceptable to the Owner and the Owner's funding sources. End of article P DE ANZA GARDENS 30F 3 ARTICLE F--REv3 J.S. Department of Housing and Urban Development lopment Office of Public and Indian Housing OMS Approval No.2577-0015(exp-MV99) Model Form of Agreement Between Owner and resign Professional XH BIT B previous editions are obsofele ret.Handbooks 7417,1,7450.1&74M8 Model Farm of Agreement , U. S. Department of Housing OMB Approval No,2577-0015(exp.7131/98) and Urban Development Between Owner and Office of Public and Indian Housing Design Professional Public report ng burden for this collection or inforrnabon is estimated to average 15 minutes per response,including the time for reviewing instructions,searching existing data sources,gathering and maintaining rise data needed,and completing and reviewing the collection of information. This agency may not conduct or sponsor,and a person is not required to respond to.a collection of information unless that coflecton dlspiays a valid OMB control number. Table of Contents Page Introduction 3 Article A: Services 4 A. 1.0 Design Professional's Basic Services 4 A. 1.1 Areas of Professional's Basic Services 4 A. 1.2 Phases and Descriptions of Basic Services 4 A. 1.2.1 Schematic Design/Preliminary Study Phase 4 A. 1.2.20esign Development Phase 4 A. 1.2.38idding, Construction and Contract document Phase 4 A. 1.2,48idding and Award Phase 4 A. 1.2.5 Construction Phase 5 A. 1.2.6Post Completion/Warranty Phase 5 A. 1.3 Time of Performance 5 A. 2.0 Design Professional's Additional Services 5 A. 2.1 Description of Additional Services 5 A. 2.2 Written Addendum or Contract Amendment 5 Article B: Compensation and Payment 6 B. 1.0 Basic Services 6 B. 1.1 Fixed Fee for Basic Services 6 B. 1.2 Payment Schedule 6 B. 2.0 Reimbursables 6 B. 2.1 Reimbursable Expenses 6 B. 2.1.1 Travel Costs 6 B. 2.1.21-ong-Distance Telephone Casts 6 B. 2.1.3Delivery Costs 6 B. 2.1.4 Reproduction Costs 6 B. 2.1,5Additional Reimbursabies 6 B. 3.0 Additional Services 6 B. 3.1 Payment for Additional Services 6 B. 4.0 invoicing and Payments 6 B. 4.1 Invoices 6 B, 4.2 Time of Payment 6 Article C: Responsibilities 6 C. 1.0 Design Professional's Responsibilities 6 C. 1.1 Basic Services 6 C. 1.2 Additional Services 6 C. 1.3 General Responsibilities 6 C. 1.4 designing within Funding Limitations 7 C. 1.5 Compliance with Laws, Codes, Ordinances and Regulations 7 C. 1.6 Seal 7 C. 1.7 Attendance at Conferences 7 C. 2.0 Owner's Responsibilities 7 C. 2.1 information 7 C. 2.2 Notice of erects 7 C. 2.3 Contract Officer 7 farm HU0-51915{6195) Previous editions are obsolete pY3_ �w �z ref.Handbooks 7417.1,7450.18 7460.8 i C.'2.4 Duties to Furnish 7 C. 2.4.1 Survey and Property Restrictions 7 C. 2.4.2Existing Conditions 7 C. 2.4.3Waivers 7 C. 2AAMinimurn Wage mates 7 C. 2.4.5Tests 7 C. 2.4.6Contract Terms 7 Article D: Contract Administration 8 D. 1.0 Prohibition of Assignment 8 D. 1.1 Ownership of Documents 8 D. 1.2 Substitutions 8 D. 1.3 Suspension 8 D. 1.4 Subcontracts 8 D. 1.5 Disputes 8 D. 1.6 Terminations g D. 1.7 Insurance g D. 1.8 Retention of Rights 8 Article E: Additional Requirements 8 E. 1.0 Contract Provisions Required by Federal Law or Owner Contract with the U.S. department of Housing and Urban Development 8 E. 1.1 Contract Adjustments 8 E. 1.2 Additional Services g E. 1.3 Restrictive Drawings and Specifications 9 E. 1.4 Design Certification g E. 1.5 Retention and Inspection of Records g E. 1.6 Copyrights and Rights in Data 9 'E. 1.7 Conflicts of interest g E. 1.8 Disputes g E. 1.9 Termination g E. 1.10 interest of Members of Congress g E. 1.11 Limitation of Payments to influence Certain Federal Transactions 10 E. 1.12 Employment, Training and Contracting Opportunities for Lova income Persons,Section 3, HUD Act of 1968 10 E. 1.13 Indian Preference 10 E. 1.14 Clean Air and Water(Applicable to Contracts in excess of 5100,000) 11 E. 1.15 EnergyEfficiency 11 E. 1.16 Prevailing Wages 11 E. 1.17 Non-applicability of Fair Housing Requirements in Indian Housing Authority Contracts 11 E. 1.18 Prohibition Against Liens 11 Article F: Other Requirements(if any) 11 Execution of Agreement 11 Addendum (if any) 1 form HUD-51915(8,95) Pre%nws editions are obsolete paw 2 ct I t rat.Handbooks 7417.1,7450.1&7460.8 Introduction to Agreement Agreement made as of the Eighth clay of August in the year 01' Two Thousand One Between the Owner(Nan t!a Add,css) Housing Authority of the County of Contra Costa 3133 Estudillo Street Martinez, CA 94553 and the Design Professional iNatne.Address and Discipline) KodamaDiseno Architects 1701 Montgomery Street San Francisco, CA 94111 For the following Project {include detwicd dcscrcptinn of Project.hwit(nn, Addre.m Scnpc and Progrim Deck on) The property is an approximately 14 acre site in the unincorporated community of Bay point in the County of Contra Costa. The site is bounded on the westerly side by Alves Lane and on the northerly side by the DeAnza Trail. Medanos Avenue and Pueblo Lane are within the boundaries of the site. The site is presently the Los Medanos Pueblo Public Housing Project consisting of 86 apartment units and a facility management building. The site also contains a Head Start facility that will remain. The existing public housing units and facility management building will be removed in two phases and will be replaced by 180 new affordable housing apartments units from one to four bedrooms each, and necessary ancillary facilities. The Owner and'Design Professional agree as set forth below. form HUD-6191 s(8195) Previous editions are obsolete P..Vge 3 Of 11 ref,Handbooks 7417.1,7450.1$7460.8 At-rccle A. ScrwlGei 1A 1.0 Design Professional's basic: Services A, 1.1 Areas of Professional's Basic:.Services. Unless revised in character in all essential design elements at written addendum or amendment to this Agreement. in plan- Outline specifications ning,designing and administering construction or rehabilitation Cast estimates and analysis of the Project,the Design Professional shall provide the Owner } with professional services in the following areas: Recommendations for phasing of construction Architecture Site plants') Site Planning Landscape plan Floor plans Elevations, building and wall sections updated three dimensional line drawings -I Engineering; drawings lmloo"Nore Al 0101-0 ll., V'5`°1 A. 1.2.3 Ridding, Construction and Contract ucunment phase. After receipt of the Owner's written approv of Design Devel- opment Documents.the Design Profession,c shall prepare Con- struction Documents. After consultation ith the Owner and A 1.2 phases and Descriptions of Basic Services. Owner's attorney, if requested by the ow ,the Design Profes- A, 1.2,1 Schematic Designi'Preliminary Study Phase. After re- sional shall also prepare and assemble bidding and contract c:eipt of a Notice to Proceed from the Owner, the Design doc uinents. The Design Professional s it revise these bidding, Professional shall prepare and deliver Schematic Design/Pre- Construction. and Contract docutttett consistent with the re- Professional Study Documents. These documents shall consist of a quirements and criteria established the Owner to secure the presentation of the complete concept of the Project,including all Owner's written approval. 'They tall, include in a detailed, major elements of the building(s),and site desigtt(s),planned to manner all work to be perforate all material, workmanship, promote economy bath in construction and in administration and finishes and equipment required r the architectural,structural, to comply with current program and cast limitations. The mechanical,electrical,and site ork; .survey traps furnished by Design Professional shall revise these documents consistent Owner,and direct reprttductio of any logs and subsurface soil with the requirements and criteria established by the Owtier to investigations. These docu nts shall include: secure the Owner's written approval. Additionally. the Design Solicitation for Bids Professional shall make an independent assessment of the accu- Form of Contract racy of the information provided by the Owner concerning Special Conditiot existing;conditions. Documents in this phase shall include: Site platt(sl GeneralCondit% its. Schedule of building types. unit distribution and bed- Technic , Spe ftcations room count Plans and d `ngs Scale plan of all buildings, find typical dwelling units Updated cit estimates Nall sections ;and elevations Outline specifications A. 1.2.4 Biddin and award Phase. After written approval of Preliminary construction cost estimates Bidding,Cans action and Contract Documents from the Owner. y the Degign Pr fes-sional shall assist in administering the bidding Project specific analysis of codes,ordinances and regulta- and award the Construction Contract, This shall include: tions Re tiding to inquires Three dimensionat line drawings D fling and issuing; addendum approved by Owner � ending prebid conferences) ttending public. bid openings of Schematic Design/Pre liminary St eitts, t\ the Design Professional shall prepare tt to the Owner Reviewing and tabulating bids, Design Development 1 oc u11 a Design Professional shall Recommending list of eligible bids revise these doc consistent with the requirements and Recommending; award criteti ;s ed by fife Owner to secure the Owner's written Altering drawings and specifications,as otlen as required to fora•,HUO-51915(8195) Prewous editions are obsolete r�,�� a ,,x ,* rev.Handbooks 7417 1,7450.1&7460.8 A. 1+5(ImINtl little" ph"", INOCI emention tip H .Igo f tion Contract, the Design Professional shall in a prompt an the Certificate of Completion by the Owner, the Design Pro timely manner administer the Construction Contract and l sional shad: work required by the Bidding,Construction and Contract act u- Consult with and make recommendations to net dur- ments. The Design Professional shell endeavor to protec the ing warrantiesregarding construction, d equipment Owner against defects and deficiencies in the executio and warranties, performance of the work., The Design Professional steal perform an inspection of cons tion work, material, Administer the Construction Contract. systems and equipment no a er than nine months and Conduct pre-construction conference and atte dispute no later than tett.months no completion of the construc- resolution conferences and other meetings whe equested tion contract and ma written report to the Owner, At by the Owner. the Owner's req and by Amendment to the Ad& Review and approve contractor's shop c awings and tional Service ection of thus contract. conduct addi other,submittals for confonnance to the r uirements of tional wa ty inspections as Additional Services. the contract documents. Advil nd assist Owner in construction matters for a At the Owner's written request. and a dditional Ser- p tip to eighteen months after completion of the vice. procure testing from qualified p `ties, reject,but such assistance is trot to exceed forty hours of 'Monitor the quality and progress of t work and furnish service and one nonwarranty trip away from the place of at written fi _ a paymenCshall be compensation for all Basic Services required. is to be on cin hourly oasis or ether unit pricing, method, for a performed. or accepted under this Contract. maximum amount: each such amendment or addendum shall B. 1.2 Payment Schedule. Progress payments for Basic Ser- also provide for a method of payment, including.at a minimum, vices for each phase of work shall be made in proportion to whether payment will he made in partial payments or in Iump :services performed as f'ollowys: sura and wvhether it will be based upon percentage of completion Phase Amount or services bitted for- B.4.0 or. B.�#.0 Invoicing and Payments Schematic Desrgfia:Prelttiiuiary Study ('base S f 7,9 5 B.4,1 invoices. All payments shall require a written invoice Design Development Phase S from the Design Professional. invoices shall be made no more Bidding,Consuwion Conaact tkxtutieut P}ta$e$ frequently than on a monthly basis, Payments for Basic Services shall be in proportion to services completed within each phase of Bidding & Award Please 5 work, When requesting such payment.the invoice shall identify Construction Phase S the phrase and the portion completed. All invoices shall state the' Agreement, name and address to which payment shall he made. Past Completion.-' \Varranty phase the services completed and(lie dates of ccs:tipletion,and whether Total Basil: Services the invoice requests payment for Basic Smices. Reimbursable or Additional Services. Invoices seeking payment for Reimbursable or Additional Sen-ices must provide detailed documentation. B.2.0 Reinibursables B.4.2 Time of Payment. Upon the Design Professional's proper submission of invoices for work performed or reimbursable B. 2.t Reimbursable Expenses. The Owner will pay the Design Prof`ewsional for the Reimbursable Expenses lister( below tip to st expenses,the Ownershall review and,if the work is in cnnfurm• Maximum Amount M S 4,000 Reimbursable once with the terms of rile Agreement. snake payment wwiddil Expenses are its addition to the Fixed Fee for Basic Services and are thirty clays c>f`the ()wwner'x receipt of the invoice. for certain actual expenses incurred by the Design € mfessional in connection with tite Project as enumerated below. Article C. Responsibilities B.2.1.1 Travel Costs. The reasonable expense of travel costs C. 1.0 Design Professional's Responsibilities incurred by the Design Professional when requested by Owner to C. t.1 Basic Services, The Design Professionals shall provide travel to a location that heti outside of a 45 mile radius of either the Basic Service set out in Article A.1.0, tile Project site. Design Professional's office (s). and Owner's C. 1.2 Additional Services. When required under this Agree- office. meat or agreed to as set out in A.2.0. the Design Professional B.2.1.2 Long Distinct Telephone Costs. Long distance tele- shall provide ,Additional Services on the Project,. phone calls and long distance telefax costs. C. 1.3 General Responsibilities. The Design Professional -flail B.2.1.3 Delivery Coss. Courier services and overnight delivery he resp«nt;iblr fur clic professional quality, technical accuracy. costs. and coordination of all designs. drawings. specifications, and A.2.1.4 Reproduction Costs, Reproduction-alta postage costs of other services, furnished by the Design Professional tinder this required drawings, specifications. Bidding and Contract docu- Agreement. `('lie Owner's review. approval. acceptance of, or ments.excluding(lie cost of reproductions for the Design Profes- payment for Design Professional services shall not be construed signal or Subcontractor"s own use. as a waiver of any rights tinder this Agreement or of tiny cause B.2.1.5 Additional Reimbursables. The Design Professional of action for damages caused by Design Professional"s negligent and Owner may agree in an addenduiu or amendment to this performance tinder this Agreement. furthermore. this Agree- .Agreement to include certain other expenses not enumerated ment does not restrict or limit ting rights or remedies otherwise above as Reimbursable Expenses. These Reimbursables shall afforded clic Owner lir Design Professional by law. not be limited by the Maximum Amount agreed to above, A C. 1.4 Designing Within Funding Limitations. The Design Profes- separate Maximum Amount for these Reimbursables shall be sional shall perform services required tinder this Contract in such a established. manner so as to cause an award of a Construction Contracttsl that does not exceed(1) 5 110% or t 2 f an amount B .3.0 Additional Services to be provided by the Owner in writing to file Design Professional prior to the commencement tit`Design Professional services. This B.3.1 Payment for Additional Services. The Owner will pay tite fixed limit shall be called the Maximum C'onstruc(ion Contract Design Professional only for Additional Sur ices agreed to in an Cost, The amount may be increased by the Owner, but only with adderidum car aniendment tel this Agreement executed by the written notice to the Design Professional. Ifthe increase results in Oww'ner and the Design Professional pursuant to A.2. Payment for a change to the scope of work.all amendment to this Agreement wvill all -itch Additional Services shalt he in an amount and upon the be required. The Design Professional and the Owvner may mutually tennis set out in such amendment or addendum and as reed upon agree to decrease the Maximum Constriction Contract'Cost, but by the parties. Each suchamendment or addendum shall provide only by signing a written amendment to this Agreement. Should fc.)r a fixed price or, where payment forsuch Additional Services bids for the Constriction Contract(s) exceed the Maximum Con- farm HUD-51815(8,95) 3�reviou&editions are obsoleteb K n it re(.14andt)oaks 7417.1,7450.1&746().8 r , Structibn'Contract Cost, the OANwer has the right to rewire; the C.2.3 Contract Ofticer. The owner shall designate a Contract Design Professional to perform redesigns,rebids and other services Officer authorized to act on its behalf with respect to the design necessary to cause an award of the Construction Contract within the and construction of the Project. The Contract Officer shall Max imuni Construction Contract Cost without additional compen- examine documents submitted by the resign Professional and sation or reimbursement. shall promptly render decisions pertaining to those documents so C, 1.3 Compliance with Laws, Codes. Ordinances attd Regula- as to avoid unreasonably delaying the progress of the Dessi.gn. tions. The resign professional shall peribrm services than conform Professional's work. to all applicable Federal, ;tate and local laws, codes, ordinances C.2.4 Duties to Furnish. The Owner shall provide.*the Design and regulations except as modified by any waivers which may be Professional the items listed below, obtained with(lie approval of the Owner. Ifthe Project is within an C.2.4.1 Survey and Property Restrictions, The Owner shall Indian reservation, tribal laws, codes and regulations shall be furnish topographic,property litre and utility information as and substituted for state and local laws,codes,ordinances and regula- where required. The Owner may at its election require the tic?ns. Hovmver. on such a Native American Projects,the Cluster Design professional to furnish any of these items as an Ad& may additionally de*sigiiate that some or all state and local codes tional Service. shall apple. In some of these circumstances, a model national C".2.4.2 Existing Conditions. The Owner shall provide the building code may be selected by the Indian or Native American Design Professional any available"as built"drawings ofbuild. Owner. The;Design Professional %ha.11 certify that Contract Docu- Ings or properties, architect surveys, test reports. and any other ittents will conform to all applicable laws, codes, ordinances and written information that it trtay hoot'in its possession and that it regulations. The Design Professional shall prepare all construction might reasonably assume affects the work.. documents required far approval by all governmental agencies having jurisdiction over the project. The Design professional shall C.2.4.3 Waivers. The Owner shall provide the Design Profes- make all changes in the Bidding, and Construction Documents sional information it may have obtained on any waivers of local necessary to obtain governmental approval without additional codes, ordinances. or regulations or standards affecting the compensation or reimbursement,except in the following situations. design of the Project. If subsequent to the date the Owner issues ;t notice to proceed. C.2.4.4 Minimum Wage hates. The Owner shalt furnish the revisions are made to applicable codes or non-federal regulations, Design Professional the schedule of minimum wage rates ap- tlie Design Professional shall be entitled to additional compensation proved by the U.S. Secretary of Labor for inclusion in the rind reimbursements for tory additional cast resulting from such solicitation and Contract Documents. changes. 'I'lie±Design Professional,however,is obligated to notify C.2.4.5 Tests. When expressly agreed to in writing by both the the Owner of all significant code or regulatory changes within sixty Owner and the Design Professional,the Owner shall furnish the (bt)i days of their change,and such notification shall be required in Design professional all necessary structural,mechanical,chemi- order for the Design Professional to be entitled to any additional cal or other laboratory tests,inspections anti reports required for compensation or reimbursement. the Project. C, 1.6 Seal. Licensed Design Professionals shall affix their seals C.2.4.6 Contract Terms, The Owner or its legal counsel may and signatures to drawings and specifications produced ander this provide the Design Professional text to be incorporated into Agreement when required by law or when the project is located on Bidding and Construction Contract Documents, an Indian Reservation. xz, C. 1.7 Attendance at Conferences. The Design Professional or designated representative shall attend project conferences and meetings involving chatters related to basic services covered under D. 1.0 Prohibition of Assignment. "fhe des' essionai this contract, Attendance at community wide meetings shall be shall not assign, subcontract, or tr ty services. oblig,a- c:onsidered air additional service. tions, or interest in this ent without the prior written C.. 2.C1 Owner's Responsibilities consent of the uch consent shall not unreasonably be with en such assignment is for financing; the resign C. 2.1 Information. The Owner shall provide information regard- ing requirements for the project.including at program that shall set D. l.I Ownership of Documents. All drawings,specifications. forth the Owner's objectives:and schedule. `thee Owne=r shall also shies and ether materials prepared tinder this contract shall be establish and update the Maximum Construction Cost. This shall the property of the Owner and at the termination or completion include the Owner's giving notice of work to be performed by the of the Design Professional's services shall be promptly delivered Owner or others and not included in the Construction Contract for to the Owner. The Design Professional shall have no claim for the Protect. The Design Professional.however,shall be responsible further employment or additional compensation as a result of to ascertain and know federal requirements and limitations placed exercise by the Owner of its full rights of ownership. It is cin the Project. understood, however, that the Design Professional cit>es not C.2.2 Notice of Defects, If the Owner observes or otherwise represent suclt data to be suitable for re-use on any other project becomes aware of any fault or defect in the construction of the or for any other purpose. If the Owner re-users the sukiect data project or nonconfa mance with the Construction Contract, the without the Design Professional's written verification, such re- Owner ner shall give prompt written notice of those faults. defects use will be at the sole risk of the Owner without liability to the or nonconformance to the Design Professional. Design Professional, €errata HUD-51915(8195) Previous editions are obsarete c -� �� Y.i rpt.Hanc#taooks 74 i 7.1.7450.1 tt 7460.8 Shall cam . A. The Design Professional shall identify in writing print' tial or Comprehensive General Liability Insurance,Professio pals and professional level employees and shall not substitute r Liability Insurance (for a period extending two years Pa the replace principals or professional Level enrtployecs wit.tta►at a date of completion of construction), .and other insura as are pilot approval of tite Owner which shall not unreasonabl be required by law,all In minimum amounts as set forth ow. The withheld, Design Professional shall funtish the Owner t iticates of The Design Prr+ftrssional's personnel identified be ware insurance and they shall state that a thirty day tstice of prior t ctnsic#erctl to be essential to the tivcarlC effort. t�ri.tar to ertin t cancellation or change will be provided to the weer, Addition- or substituting any of the specified individuals, th Design ally,the Owner shall be an additional in on all Co€mercial Professional shall notify the Owner reasonably in a ance and or Comprehensive General liability pot` es. shall submit justification, including proposed subs totio.ns, in Insurance Lin s or Amount sufficient detail to permit evaluation of the i ct on the contract. No diversion or substitution of such ey personnel shall be made by the Design professional Zvi out the prior written.consent of the Owner. D. 1.8 Retention Rights. Neither the Owner's review, ap- proval or ttccep nee of, nor payment for, the services required under this co rata shall be construed too operate as a waiver of any rights der this contract or ofatty cause of action arising out of the p ormance of this contract,and the Design Professional D. l.3 Suspension, The towner may itfe written notice to lite shall and remain liable to cite Owner in accordance ivitlt the Design Professional to suspend wo on cite project or any part ap cable law for all damages to cite Owner caused by i#to> thereof. The Owner shall not be ob gated to consider a claim for tygn professional `s negligent performance of any of cite additional compensa tin if the esigtt professional is given written notice to resume work ithin 120 calendar days. If lichee to resume wft k is not gi n within 120 calendar days,tite Article Et Additional Requirements Design Professional shall be titled to an equitable adjustment 1~. I.0 Contract Provisions Required by Federal Law or Owner in compensation, Contract with the U.S.Department of Housing and Urban Devel- D, 1,4 Subcontracts. The esign Professional will cause all apment (HUD). applicable provisions of t s Agreement to be inserted in all its E. 1.1 Co0ttract Adjustments. Notwithstanding any other tcrrn subcontracts. or condition of this Agreement, any settlement or equitable D. 1.5 Digitate— fit th event of at< dispute arising under this adjustment due to termination, suspension or delays by the Agreement, the Doi Professional shall notify the Owner Owner shall be negotiated based on the coast principles stated at promptly in writing submit its claim in a timely manner. The 48 Chit Subpart 31.2 and conform to the Contract pricing. Owner shall respo the claire in writing in a timely manner. provisions of 24 CFR 85.36(f►. The Design Profes al shall proceed with its work hereunder E. 1.2 Additional Services, The Owner shall perform a cost or in compliance w` the instructions of the Owner, but such price analysis as required by 24 CFR 85.36 (f) prior to the compliance shal be a waiver of the Design Professioanal`s issuance of a contract modificationlamendment for Additional rights to make ch a claim. Any dispute not resolved by this Services. Such Additional Services shall be within the general procedure ma d t7rtined by a court of competent jurisdic- scope of services covered by this Agreement.The Design Profes- tion or by co int of4he Ownerand Design Professional by other sional shall provide supporting cost information in sufficient dispute res tion methods. detail to permit the Owner to perform the required cost or price D. 1.6 Ter ination, "lett:Owner may terminate this Agreement analysis. far the O er°s convenience or for failure of the Design Profes- 1;, 1.3 Restrictive Drawings and Specifications. In accordance sional t ultill contract obligations, The Owner shall terminate with 24 CFR 85.36(c)(3)(i)rtnd contract agreements between the by deli ring to cite Design Professional a Notice of Termination Owner and l�UD, the .Design Professional shall not require the specif tng the reason therefore and the effective date of termi- use,of materials, products, or services that unduly restrict com- natio Upon receipt�of such notice, the Design Professional petition. sha immediately d6continue all services affected and deliver E. 1.4 Design Certification. Where the Owner is required by to a Owner all itifoirmation,reports,papers.and other materials a tarttulatted or geneted in performing this contract whether federal regulations.to provide[IUD a Design Professional o:erti- napleted or in pro+ce�s. :lfthe termination is for convenience of ficatrort regarding the design of the Protects(24 CFR.0368.2.35. 9U he !Owner, the t3w�ter shall be liable only for payment fo905.260and 905-639). the Design Professional shall provide such a certification to the Owner. turret HUty-5181.3{st115} Previous editions are est Wiete t sae si ret.Handbooks 7417.1,7460.11&746€1.8 , 1.51 Re'tention and Inspection of Records, Pursuant to 24 CFR localities involuntarily acquires or had acquired prior to the 85.26(i)(10) and (11), access shall be given by the Design beginning ofItis6her tenure any such interest,and if such interest Professional to the Owner.HUD,the Comptroller General of the is immediately disclosed to the Owner and such disclosure is United agates.or any of their duly authorized representatives,to entered upon the minutes ofthe Owner.the Owner,with the prior any books,documents,papers,and records of the Design Profes- approval of the Government, may waive the prohibition con- sional which are directly pertinent to that specific Contract for tained in this subsection: Provided, That any such present the purpose of making an audit, examination, excerpts. and member.officer,or employee of the owner shall not participate transcriptions. All required records shall be retained for three in any action by the Owner relating to such contract,subcontract, years afterthe OwnerorDesign Professional and othersubgrantees or arrangement. Drake rival payments and all outer pending matters are closed, No member, officer, or employee of the Owner, no member of 11. 1.6 Copyrights and nights in Data. HUD has no regulations the governing body of the locality in which the project is pertaining,to copyrights or rights in data as provided in 24 CFR situated. no member of the governing body of the locality in 85.36, HUD requirements,Article 45 of the 0eneml Conditions which the Owner was activated.. and no other public official of to the Contract for Construction(form HUD-5370)requires that such locality or localities who exercises any functions or respon- contractors pay all royalties and license fees. All drawings and sibitities with respect to the project,during hiallter tenure or for specifications prepared by the Design Professional pursuant to one year thereafter,shall have any interest,direct or indirect,in this contract will identify any applicable patents to enable the this contract or the proceeds thereof. general contractor to fulfil the requirements of the construction C. 1.8 Disputes, In part because of HUD regulations (24 CFR contract, 85.36(i)(1)), this Design Professional Agreement. unless it is a E. 1.7 Conflicts of Interest. Based.in part on federal regulations small purchase contract,has administrative,contractual,or legal (24 CFR. 85.36(b)) and Contract agreement between the Owner remedies for instances where the design Professional violates or and HUD. no employee. officer, or agent of the.Owner (HUD breaches Agreement terms. and provide for such sanctions and granter*)shall participate in selection,or in the award or admin- penalties ars may be appropriate. istration of contract supported by Federal funds if conflict of E. 1,9 Termination. In part because of HUD regulations (24 interest, real or apparent, would be involved. CFR 85.36(i)(2)),this Design Professional Agreement,unless it Such a conflict would arise when: is for an amount of$10,000 or less,fins requirements regarding t i) The employee, officer or agent, termination by the Owner when for cause or convenience. 'rhese (ii) Any member of his or her immediate fancily, include the ttlanner by which the termination will be effected and basis for settlement. (iii)I lis or her partner, or E. I,10 Interest of Members of Congress, Because of Contract (iv)An organization that employs,or is about to employ,any agreement between the Owner and l IUD, no member of or cif the above,has a financial or other interest in the hart selected delegate to the Congress of the United States of America or for award. 'I'he grantee's or subgrantee"s officers,employees or Resident Commissioner shall be admitted to any share or part of agents will neither soticit nor accept gratuities, favors or any- this Contract or to any benefit to arise from it. thing of monetary value from Contractors, or parties to sub- E. 1.1 I Limitation of Payments to Influence Certain Federal agreements. Grantees and subgrantees may set minimum rules Transaction. The Limitation on Use of Appropriated Funds to where the financial interest is not substantial or the gift is an Influence Certain Federal Contracting and Financial Transac- unsolicited item of nominal intrinsic value. To the extent tions Act,Section 1352.of Title 31 U.S.C.,provides in.part that permitted by State or local law or regulations,such standards or no appropriated funds may be expended by recipient of federal conduct will provide for penalties,sanctions,or other disciplin- ary:rctionat for violations of such standards by the grantee's and contract, grant, loan, or cooperative agreement to pay any or by Contractors or :tubgrantee's officers,employees,or agents. "son, including the Design Professional, for influencing or influence an of attempting t their agents. The awarding agency may in regulation provide ri officer or employee of Congress in additional prohibitions relative to reap, apparent, or potential connection with any of the following covered Federal actions: conflicts of interest. the awarding of any federal contract,the making of any Federal grant, the making of any federal loan, the entering into of any Neither the Owner nor any of its contractors or their subcontrac- cooperative agreement, and the extension, continuation, ro- tors shall enter into any Contract, subcontract,or agreement,in newel, amendment, or modification of any federal contract, connection with any Project or any property included or planned grant, loan, or cooperative agreement, to be included in any Project,in which any member,officer,or E, 1.12 Employment. Training;, and Contracting Opportunities employee of the Owner,or any member of the governing body of for Love-Income Persons. Section 3 of the Housing and. Urban the locality in which the Project is situated,or anymember of the Development Act of 1968, governing body of lite locality in which the Owner was activated, or in any other public official of such locality or localities who A. The work to be performed under this contract is subject to the exercises any responsibilities or functions with respect to the requirements of section 3 of the Housing and Urban Develop. Project during hWher tenure or for one year thereafter has any ment Act of 1968,as amended, 12 U.S.C. 1701 u(section 3). The interest, direct or indirect. If any such present or former purpose of section 3 is to ensure that employment and other member.officer,or employee of the Owner,or any such p ovem- economic opportunities generated by HUD assistance or HUD- ing body member or such tether public official of such locality or assisted projects covered by section 3. shall, to the greatest form HLlausl91 a(8m) Previous editions are obsolete c,m�w 9 af 11 ref.Handbooks 7A t7'.1,7450.1 A 74e0.8 ............................................. °extent t�asible, be directed to low- and very low-income per- Indian Self Determination and Eduoatioo Assistance,25 U.S.C, sous. particularly persons who are recipients of HUD assistance section 450e(b) when (itis law is applicable, for housing. E. 1,13 Indian Preference in Indian housing Authority Con- B. The parties to this contract agree to comply with HUD's tracts. Pursuant to 24 CFR section 905.165 and Federal law,the regulations in b4 CPR part 135, which implement section 3. As Design Professional shall provide Indian Preference in its con. evidenced by their execution of this contract,the parties to this tracting, training,and employment practices when this contract contract certify that they are tinder no contractual or other is with ail Indian Housing Authority and shall incorporate the impediment that would prevent thetas from complying with the following language into all of its subcontracts: part 135 regulations. (i) Tile work to be performed under this contract is on a C. The contractor agrees to send to each labor organization or project subject to section 7(b)of the Indian..Self-Determination representative of workers with which the contractor has a collec- and Education Assistance Act(25 U,S.C.450e(b)). Section 7(b) tive bargaining agreement or other understanding, if any, a requires that to the greatest extent feasible (i) preference and notice advising the labor organization or workers' representa- opportunities for training and employment shall be given to tive of the contractor's commitments tinder this section 3 clause. Indians, and (ii) preferencei in the award of contracts and and will post copies of the notice in conspicuous places at the subcontracts shall be given to Indian organizations and Indian- work site cohere bath employees and applicants for training and owned Economic Enterprises, employment positions can see the notice. The notice shall (ii) The parties to this contract stial# comply with the provi- deseribe the section 3 preference, shall set forth minimum siotis of said section 7(b) of the Indian Self-determination mid number and job titles subject to hire,availability of apprentice- Education .Assistance Act (25 U.S.C. 450e(b)) and all HUD ship and training positions. the qualifications for each; and the requirements adopted pursuant to section 7(b). (came and location of(he person(s)tacking applications for ea:cli of the positions; arid.the anticipated date the work shall begin. greatest in connection with this contract, the parties shalt, to the greatest extent feasible, give preference in the award of any D. The contractor agrees to include this section 3 clause in every subcontracts to Indian organizations and Indian-owned Eco- subcontract subject to compliance with regulations in 24 CFR noetic Enterprises, and preferences and opportunities for train- part 135,and agrees to take appropriate action,as provided in an ing and employment to Indians. appiica ale provision of the subcontract or in this section 3 (iv)This section 7(b) clause shall be incorporated into every clause,upon a finding that the subcontractor is ill violation of tile subcontract in connection with the prctieci'. regulations in 24 CFR part 135. The contractor will not subcon- tract with any subcontractor where tits.=contractor has notice or (v) Upon at #roiling by the Mi% or FTUD that any party to the knowledge that the subcontractor has been found in violation of contract is in violation of the section 7(b)clause,said party shall tlae regulations in 24 CFI( part 135, at (lie direction of the MA, take appropriate remedial action E. The contractor will certify that any vacant employment pursuant to the contract. positions. including training positions, that are tilled (1) after E. 1.14 Clean Air and Water.(Applicable to contracts ill excess the contractor is selected but before the contract is executed,and of S IOO,000). Because of 24 CFR 85.36(i)(12)and Federal lain. (2) with persons other than those to whom the regulations of 24 the Design Professional shalt comply with applicable standards, CFR part 135 require employment opportunities to be directed, orders,or requirements issued under section 106 of the Clean Air were not filled to circumvent the contractor's obligations under Act(42 U.S.C.ft 1857li-4 transferred to 42 USC $7607,section 24 CFR part 135. 508 of the Clean Water Act(33 U.S.C.§ 1368),Executive Order F. Noncompliance with HUD's regulations in 24 CFR part 135 11738, and Environmental Protection Agency regulations (40 may result in sanctions, termination of this contract for default, CFR part 15), on all contracts, subcontracts, and subg,rants of and debarment or suspension from future HUD assisted con- amounts in excess of$100,000. tracts. E. 1.15 Energy Efficiency. Pursuant to Federal regulations(24 G. With respect to work performed in. connection with section C.F.R 85.36(i)(13))and Federal taw,except when working on an 3 covered Indian Housing assistance, section 7(b) of the Indian Iridian housing authority Project on an Indian reservation, the Self-Determination and Education Assistance Act (25 U.S.C. Design Professional shall comply with the mandatory standards 450e) also applies to the work to be performed sander this and.policies relating to energy efficiency which are contained in contract.Section 7(b)requires that to the greatest extent feasible the state energy conservation plan issued in compliance with the (i) preference and opportunities for training and employment Energy Policy and Conservation Act(Pub, i„94-163 codified at shall besiren r 42 t,.S.C.A. § 6321 et, seq.). to Indians, and (ii) preference in the award o#' contracts and subcontracts shall be given to Indian organizations E. 1.16 Prevailing Wages, In accordance with Section 12 of the and Indian-owned Economic Enterprises. Parties to this contract U.S, Housing Act of 1937(42 U,S.C. 1437j)the Design Profes- that are subject to the provisions of section 3 and vection 7(b) sional:shall pay not less than lite wages prevailing ill the locality, agree to comply with section 3 to the maximum extent feasible, as determined by or adopted (subsequent to a determination but not in derogation of compliance with section 7(b), under applicable State or local law)by the Secretary of HUD,to H. Pursuant to 24 CFR 905.170(b), compliance with Section 3 all architects, technical engineers, draftsmen, and technicians. requirements shall be tai the ttiaximuni extent consistent with, but not in derogation of compliance with section 7(b) of the form HUD-51M(8195) Previous editions are obsolete , a a i� ret.Handbooks 7417.1,7454.1&7480.8 _... _ F.1, 1,17 `Non-appli"bil.ity of Fair Housing Retpairements in Iris I". LISPruhibition Against Liens. The Design professional is dian. Housing Authority Contracts, Pursuant to 24 CFR section Prohibited from placing a lien on the Owner's property. This 9415.t 15(b) title VI of the Civil. Rights Act of 1964 (42 U.S.C. prohibition shall be placed in all design professional subcontracts. 2000d-2000d41,which prohibits discrimination on the basis of Article F. Other Owner Requirements (if any) race,color or national origin in federally assisted programs,and the Fair Housing Act (42 U,S.C. 3601-3620), which prohibits (Continue on additional page's as nec�esSaryf discrimination based on race, color, religion, sex. national See attached Article F. origin,handicap,or familial status in the sale or rental of housing do not apply to Indian Housing Authorities established by exercise of a T'ribe's powers sof self gov°e raeut. This Agreementis entered into as of the day and year first written above, Owner Design Professional Housing Authority of Contra Costa County KodamaDisefla (Housing Authority) (Firm) Date: 11j Date: (Signature) (Signature) Robert McEwan Maritza Deigadilio, AIA (Print Name) (Print Name) Executive Director President )Print Title) tPrint Title) fmtn HUD-51915{8£95} Previous editions are obsolete page 11 of 11. rat.Handbooks 7417.1,7450.t&7460.8 ARTICLE F DeAnza Gardens Contra Costa County Housing Authority (Owner) K+odama Dlsefio Architects (Design professional) F.1.1. The words"Design Professional"on the Agreement means the services of the Architect as an Architect. F.1.2. In reference of paragraph 8.2.1 All reimbursable expenses including consultant expenses are limited by the maximum amount of $4,000.00. F.1.3. Payment for additional services: As referred on the paragraph 8.3.1 shall be hourly, based on the following rates: Principal: $115.00 Senior Architects: $95.00 Architect $65.00 Staff Level 1: $75.00 Staff Level ll: $70.00 Administration $65.00 Consultants and Reimbursable Expenses at 1.15 times cost. F.1.4. In reference of item,C.1.7 the Design Professional (Architect)will attend up to six Public Meetings as required by Owner. F.1.5. The following consultant firms and services are part of this contract: LANDSCAPE CIVIL ENGINEERING ARCHITECTURE Ms. Malsha Ruth Mr. Ed Giuliani RHL Design Group Giuliani&Kull 1137 N. McDowell Blvd. 111899 Edgewood Road, Suite Q Petaluma, CA 94954 Auburn, CA 95603 Phone: 707 765 1660 Phone: (530) 885-5107 Fax: 707 765 9908 Fax: (530) 885-5157 Mruth@rhidesign.com edgiuiliani@aol.com F.1.6. The Design Professional represents,and the Owner acknowledges,that the Design Professional is unable to obtain,at a reasonable cost, insurance for claims arising out of the Design Professional's performance or failure to perform professional services, related to the investigation, detection, abatement, replacement,or removal of products, materials,or processes containing asbestos, pollution, and/or other materials classified as hazardous pursuant to Federal, State, and Local laws (hereinafter collectively referred to as"Hazardous Materials"). Therefore, it shall not be part of Basic Services or Additional Services and it shall not be the responsibility of the Design Professional to prepare reports, designs,drawings,and specifications involving Hazardous Materials and the Design Professional shall not be liable for any claims arising from preparation or failure to prepare such reports,designs,drawings or DE ANzA GARDENS 1 of 2 ARTICLE F-REO specifications. The Owner may retain consultants(the"Hazardous Materials Consultants")to perform investigations with respect to the presence of Hazardous Materials;to prepare reports and recommendations with respect to Hazardous Materials;to prepare specifications for remediation of Hazardous Materials,and to perform remediation of Hazardous Materials(the"Hazardous Materials Contracts"). The Design Professional shall not be responsible for any aspect of work performed by the Hazardous Materials Consultants in connection with the Hazardous Materials Contracts, but the Design Professional shall be responsible for providing Basic Services and Additional Services in a manner that is consistent with the condition of the property after completion of the work pursuant to the Hazardous Materials Contracts. In the event that the Design Professional or any other party encounters Hazardous Materials at the job site,or should it become known in any way that Hazardous Materials may affect the performance of the Design Professional's Basic Services or Additional Services,the Design Professional may, at the Design Professional's option, and without liability for consequential or any other damages, suspend performance of Basic Services or Additional Services on the Project until the Owner retains appropriate Hazardous Materials Consultants to identify, remediate, and remove the Hazardous Materials and represent that the job site is in compliance with applicable laws and regulations regarding Hazardous Materials. Nothing in this Section shall prevent the Owner from bringing an action against the Design Professional, its employees, agents, and consultants for any claims, losses,or damages arising out of the Design Professional's negligent professional services for the Project (or the negligent professional services of the Design Professional's employees, agents,and consultants)which do not directly relate to Hazardous Materials or the Hazardous Materials Contracts as set forth above. F.1.7. Federal,State,and Local regulations that are applicable to the Project, including the Americans with Disabilities Act(the"Applicable Regulations")are subject to case-by-case interpretation by Federal, State, and Local regulating agencies(the"Regulating Officlaw'). This may lead to contradictory interpretations of Applicable Regulations by the Regulating Officials that may affect the design of the Project. The Design Professional will use its best efforts and judgement to determine which interpretation of the Applicable Regulations will be controlling and to provide Basic Services and Additional Services in accordance with such controlling interpretation of the Applicable Regulations. If the Design Professional is unable to determine which interpretation of the Applicable Regulations is controlling,the Design Professional will advise the Owner as to the reason such controlling interpretation cannot be determined and shall inform the Owner of the choices available for the design of the Project and the likely consequence of choosing each of the alternatives. F.1.8. The Owner agrees to hold the Design Professional harmless from any damage, loss or injury to the Design Professional resulting from existing conditions at the site of the Project, except to the extent such damage, loss or injury is caused by the negligence of willful acts of the Design Professional. F.1.9. The Design Professional understands that the Owner intends to use financing methods for the Project that will make it advantageous to utilize an ownership entity different from the Owner. Therefore, the Design Professional agrees that the Owner may transfer the Project and assign this Agreement to a nonprofit corporation, limited partnership or limited liability company, and the Design Professional agrees to execute an assignment of this Agreement to such entities in a form acceptable to the Owner and the Owner's funding sources. F.1.10. Preliminary Landscape Architecture and Civil Engineering Services are part of this Contract. End of article F De ANZA GARDENS 20F 3 ARTICLE F®REv3