HomeMy WebLinkAboutMINUTES - 12071999 - C138 Ao:
BOARD OF SUPERVISORS
FROM: Barton J. Gilbert, Director of General Services Con
cost
DATE: December 7, 1999 Count
SUBJECT: LEASE WITH NORTH RICHMOND COMMERCIAL DEVELOPMENT, INC. FOR
PREMISES AT 1535 3RD ST. # D, RICHMOND
SPECIFIC REQUESTS OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
!. RECOMMENDATION
APPROVE a Lease, commencing January 1, 2000, with North Richmond Commercial
Development, Inc. for the premises at 1535 3�d St. #D, for occupancy by the Service Integration
Team (SIT), under the terms and conditions more particularly set forth in said Lease, and
AUTHORIZE the Director of General Services to EXECUTE said Lease on behalf of the County,
and DETERMINE that compliance with the California Environmental Quality Act (CEQA) for this
project was completed when the COUNTY adopted a negative declaration (County File
#DP973010) on August 18, 1997, for the site that considered the potential environmental impact
of development of a 52-unit affordable housing project for senior citizens and a 10,000 sq,ft.
commercial space, and found that there was no substantial evidence that the proposed project
would have a significant effect on the environment.
N. EINANCIALIMPACT
Funding for completion of SIT tenant improvements are from a $180,000.00 Cowell
Foundation Grant and budgeted funds within the Employment and Human Services and Health
Services Departments. Occupancy costs are budgeted with the SIT operating budget.
Ill. REA�NS-FOR RECOMMENDATION IBACKGROUND
SIT will occupy approximately 5,100 sq.ft. of office space at the North Richmond Commercial
Center, 1535 3rd St., Richmond, Both retail and offices uses will be located at the Center.
Adjacent occupants are the North Richmond Center for Health and Senior Housing Project.
SIT is currently located at 847 B Brookside Drive, Richmond. Immediately upon SIT's
relocation to the North Richmond Commercial Center, the Brookside Drive space will be used
on an interim basis for the West County Emergency Shelter Program. On a long term basis,
847 B Brookside Drive is to be remodeled for provision of a transitional housing program.
CONTINUED ON ATTACHMENT: SIGNATURE: _? `
_)RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF$CARD COMMITTEE
_k_APPROVE OTHER
SIGNATURES: ,
ACTION OF BOARD ON ° APPROVED AS RECOMMENCED._ j
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT
AYES:--NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT: BARTON J.GILBERT(313-7100)
CC: County Auditor-Controller(via UM) I HEREBY CERTIFY THAT THIS IS A TRUE
SIT,County Administrator(via L/M) AND CORRECT COPY OF AN ACTION TAKEN
Lessor(via UM) AND ENTERED O THE MINUTES OF THE BOARD
�tJN THE DATES OWN.
Orig:General Services Department-L!M OF SUPERVIS
ATTESTED . 1. 'I i I
PHIL BA CHELOR,CLERK F THE BOARD OF
SUPERVISOR AND COUNTY ADMINISTRATOR
BY ' DEPUTY
t�
G:\LeaseM gt\CAROL\S ITBoardOrder.doc
GENERAL SERVICES DEPARTME '
LEASE MANAGEMENT DIVISIO ` �
1220 Morello Avenue, Suite 100
y
Martinez, California 94553-4711
Extension 3-7250
FAX 3-7299
DATE: November 8, 1999
TO: Phil Batchelor, County Administrator 'I
FROM: Barton J. Gilbert, Director of General Services
SUBJECT: A : Lease Authorization-1535 Yd St., Richmond, CA., Bldg. #T00584
(December 7, 1999)
A new lease has been negotiated as follows:
OCCUPANT: SERVICE INTEGRATION TEAM
RENT: $760.00 per month($.15 per square) foot base rent January 1, 2000-December
31, 2000. 4% annual increases.
TERM: January 1, 2000-December 31, 2005
OPTION: Three extensions: First Caption: five year extension (1/1/06-12/31/10)
Second Option: three year extension (1/1/11-12/31/13)
Third Option: two year extension (1/l/14-12/31/15)
SQUARE FEET: Approximately 5,069 sq.ft.
SPACE TYPE: General office and counseling
LESSOR: North Richmond Commercial Development, Inc.
LESSOR RESPONSIBILITY: Structural Integrity, roof, exterior and common area
maintenance.
COUNTY RESPONSIBILITY: Interior and HVAC maintenance. Pro-rata share of
building operation costs and common area maintenance estimated at $1,635.00 per month
for the first year (approximately $.31 per sq.ft.)
ADDRESS: 1535 3rd St., #D, Richmond, CA
60 DAY NOTICE: Not applicable, premises are located within the unincorporated County.
cc: Kathy Brown
Alan Pfeiffer
Terry Mann
Christie Beardsley
G:\LeaseMgt\CAROL\sitagendaitem.doc
NORTH RICHMOND COMMERCIAL CENTER
LEASE
NORTH RICHMOND COMMERCIAL DEVELOPMENT, INC.
TO
CONTRA COSTA COUNTY
FOR
1535-3RD STREET, #D
RICHMOND, CALIFORNIA
[CONTRA COSTA COUNTYSERVICES 1'NTEGR4TION TEAM OFFICE]
TABLE OF CONTENTS
LEASE
NORTH RICHMOND COMMERCIAL DEVELOPMENT, INC.
TO
CONTRA COSTA COUNTY
FOR
1535 3rd STREET, #D
RICHMOND, CALIFORNIA
SECTION A: BASIC TERMS AND CONDITIONS..............................................................3
A.I. PARTIES.. ..............................................................................................................................3
A.2. LEASE OF PREMISES...........................................................................................................3
A.3. TERM........................................................................................................................................4
A.4. RENT.........................................................................................................................................4
A.5. EXTENSION............................................................................................................................5
A.6. UTILITIES ANDJANITORIAL......................
A.7. TENANT PREMISES MAINTENANCE AND REPAIRS..„..............................................6
A.8. DOORS AND WINDOWS......................................................................................................7
A.9. COMMON AREA EXPENSES..............................................................................................7
A.10. MAINTENANCE AND REPAIRS.....................................................................................13
A.11. NOTICES....................................................................<.........................................................14
A.12.ATTACHMENTS..................................................................................................................15
A.13. WRITTEN AGREEMENT.................................................................................................15
A.M. TIME IS OF THE ESSENCE.............................................................................................16
A.15 SIGNATURE BLOCK..........................................................................................................16
SECTION B: STANDARD PROVISIONS...........................................................................17
B.I. HOLDING OVER..................................................................................................................17
B.2. USE OF PREMISES..............................................................................................................18
B.3. FOLD HARMLESS...............................................................................................................18
BA. ENFORCEMENT...................................................................................................................18
B.5. ALTERATIONS,IMPROVEMENTS,FIXTURES,AND SIGNS....................................19
B.6. DESTRUCTION.....................................................................................................................19
B.7. QUIET ENJOYMENT...........................................................................................................21
1
B.8. DEFAULTS......„...................................................................»...............................................21
B.9. SURRENDER OF PREMISES.............................................................................................23
B.10. SUCCESSORS AND ASSI+GNS.........................................................................................23
B.11. SEVERABILITY..................................................................................................................23
B.12. WASTE/NUISANCE...........................................................................................................24
SECTION Cr SPECIAL PROVISIONS.................................................................................25
C.1 SERVICES BY LESSOR........................................................................................................25
C.2 SUBLEASE.............................................................................................................................25
C.3. ASSIGNMENT.......................................................................................................................26
CA. INSURANCE..........................................................................................................................26
C.5. SUBORDINATION AND ATTORNMENT:.......................................................................27
C.6. ACCOMPLISHMENT OF IMPROVEMENTS.................................................................27
C.7. COMPLETION AND OCCUPANCY..................................................................................28
C.8. PRIOR.POSSESSION...........................................................................................................29
C.9. HIRING REQUIREMENTS.................................................................................................29
C.10. PROHIBITED USES...........................................................................................................29
EXHIBITS.......................................................................................................................................30
EXHIBIT A: DESCRIPTION OF CENTER
EXHIBIT B: DESCRIPTION OF PREMISES
EXHIBIT C: MEMORANDUM OF UNDERSTANDING FOR
DEVELOPMENT AND CONSTRUCTION
MANAGEMENT SERVICES
EXHIBIT D: COMMITMENT TO NORTH RICHMOND
EMPLOYMENT
2
LEASE
NORTH RICHMOND COMMERCIAL CENTER
1535 3P-D STREET,#D
RICHMOND, CA
for
SERVICES INTEGRATION TEAM
SECTION As BASIC TERMS AND CONDITIONS
A.1. PARTIES
Effective on Janus 1, 2000, North Richmond Commercial Development, Inc., a
California nonprofit public benefit corporation, hereinafter called "LESSOR, and the
COUNTY OF CONTRA COSTA, a political subdivision of the State of California,
hereinafter called "COUNTTY," mutually agree and promise as follows:
A.2. LEASE OF PREMISES
LESSOR is the owner of a commercial retail/office center, approximately 9,852 square
feet, more commonly known as the North Richmond Commercial Center, ("Center")
located at 1535-3rd Street, Richmond , California, more particularly described in "Exhibit
A," which is attached hereto and made a part hereof. LESSOR, for and in consideration of
the rents, hereafter identified, hereby leases to COUNTY and COUNTY hereby leases
from LESSOR a portion of the Center described as follows: approximately 5,069 square
feet of office space commonly known as 1535-3rd Street, #D, Richmond, California
3
94801, hereinafter called "Premises." The lease of the Premises shall include the right to
use on a non-exclusive basis of up to 16 parking spaces in the parking lot adjacent to the
Center. The Premises and parking spaces are more particularly described in "Exhibit B"
attached hereto and made a part hereof.
A.3. TERM
The term of this Lease shall be five (5) years, commencing January 1, 2000, and ending
.December 31, 2004.
A.4. RENT
A. Base Rent. Although the term of this Lease starts January 1, 2000, the
obligation of the COUNTY to pay Base Rent shall not commence until the first working
day after the LESSOR. delivers and COUNTY accepts Premises in accordance with
Paragraph C.7. COMPLETION AND OCCUPANCY of this Lease. If COUNTY
acceptance of the Premises occurs after the first day of the month, rent shall be prorated
for that month. Subject to the foregoing, COUNTY shall pay to LESSOR. as Base Rent for
the use of the Premises the following, payable in advance by the tenth day of each month
during the term of this Lease:
Term Base Rent
January 1, 2000 to December 31, 2000 $760.00
January 1, 2001 to December 31, 2001 $790.00
4
January 1, 2002 to December 31, 2002 $820.00
January 1, 2003 to December 31, 2003 $850.00
January 1, 2004 to December 31, 2004 $885.00
Payments shall be mailed to: North Richmond Commercial Development, Inc., 409
Jackson Street, Hayward, CA 95455, Attn: Director of Property Management or to such
address as LESSOR may designate from time to time.
A.5. EXTENSION
This Lease may, at the option of the COUNTY, be extended upon the same terms and
conditions, except the base rental shall be adjusted as follows:
A. First Option: For a five (5) year term, as follows:
Term Base Rent
January 1, 2005 to December 31, 2005 $915.00
January 1, 20061 to December 31, 2000 $945.00
January 1, 2007 to December 31, 2007 $975.00
January 1, 2008 to December 31, 2008 $1,005.00
January 1, 2009 to December 31, 2009 $1,035.00
B. Second Option: For a three (3) year term, as follows:
Term Base Rent
January 1, 2010 to December 31, 2010 $1,065.00
January 1, 2011 to December 31, 2011 $1,095.00
.January 1, 2012 to December 31, 2012 $1,125.00
C. Third Option: For a two (2) year term, as follows:
Term Base Rent
January 1, 2013 to .December 31, 2013 $1,155.00
January 1, 2014 to December 31, 2014 $1,185.00
It is understood and agreed that COUNTY shall give LESSOR ninety (90) days
prior written notice of its intention to exercise any option to extend this Lease. however,
in the event COUNTY does not give such written notice, its right to exercise any option
before termination of the Lease shall not expire until fifteen (15) working days after
receipt of LESSOR's written demand to exercise or forfeit said option.
A.6. UTILITIES AND JANITORIAL
COUNTY shall pay for all gas, electric, water, sewer and janitorial services provided to
the Premises. LESSOR shall provide refuse collection services to the Premises.
A.7. TENANT PREMISES MAINTENANCE AND REPAIRS
COUNTY shall pay for all maintenance and minor repairs to the Premises, including
expenses attributable to the heating and air conditioning; plumbing and sewer lines serving
6
the Premises. Maintenance of heating and air conditioning system shall be performed by
company designated by LESSOR under contract terms and conditions acceptable to
COUNTY.
A.8. DOORS AND WINDOWS
COUNTY shall pay for repair and replacement of exterior windows and/or storefront glass
located on the Premises.
A.9. COMMON AREA EXPENSES
COUNTY shall pay to LESSOR as Additional Rent, an amount equal to COUNTY's
proportionate sham of the Common Area Expenses described in this Section incurred by
LESSOR. The COUNTY'S proportionate share is based on the area of the Premises
divided by the leased rentable square foot area of the building in which the Premises are
located and shall be at the most as follows:
Premises 5069
= 0.771 rounded off to 77%
6576 (Net of all retail space that is not occupied and less
Sheriffs space which is not leased)
This higher percentage shall be utilized only if a vacancy in the property has occurred for
more than two (2) months beginning with the occupancy by COUNTY,
and at the least as follows:
7
Premises 5069
0.566 rounded off to 57%
8951 (Assuming all leasable SF is leased, less Sheriffs
space which is not leased)
Should only a portion of retail space be leased, the proportion shall be determined by
dividing the area of the Premises by the amount of leased retail space (up to 2,375 square
feet). LESSOR shall demonstrate good faith effort and diligence in securing suitable
tenants for leasing the retail space. The calculation for determining the proportion of
Common Area Expenses shall be included in the written statement provided to COUNTY
at the end of the year as part of the reconciliation detailed in Section A.9.C.
A. Items Included in Common Area Expenses. Common Area Expenses
included all costs of.
(1) janitorial, maintenance and repair, painting, restriping, cleaning, sweeping
and lighting of parking areas, driveways and walkways;
(2) cultivating, irrigating, maintaining and fertilizing landscaped areas, plus
maintenance and minor repair of sprinkler systems;
(3) maintenance, repair and replacement of signs advertising and identifying
only the Center, parking area directional and safety signs; maintenance,
repair and replacement of lights, lighting standards, parking bumpers,
exterior walls, roof, drainage facilities, and all utility systems serving the
Common Area;
(4) maintenance, repair and replacement of master fire alarm panel.
(COUNTY" has responsibility for exterior door locks in section A.10.);
(5) exterior perimeter pest control;
(6) all real property taxes and assessments applicable to the Common Area,
public utility and other governmental charges for services to the Common
Area including trash removal;
(7) premiums on casualty and public liability insurance for the Common Area
and improvements located thereon in the amount and types set forth in
Section A.9.E. herein, payment of an deductible amount in the event of a
claim, and payment of the uninsured portion of the cost of any restoration
work required upon damage to the Common Area;
(8) tools and supplies, depreciation on owned maintenance equipment and
rental paid for rented maintenance and repair equipment;
(9) Audit costs associated with the Center;
(10) Bookkeeping fees associated with Center accounting requirements;
(11) Direct and Common Area Expenses attributable to the office leased by the
Contra Costa County Office of the Sheriff-Coroner and not reimbursed by
County;
9
(12) The pro rata share of Common Area water, plumbing and sewer
maintenance and repair expenses;
(13) The pro rata share of property taxes and general assessments levied
against the Center. If Premises leased to COUNTY is determined to be
exempt from property taxes, COUNTY shall pay its pro rata share of
assessments; and
(14) If required by LESSOR, the pro rata share of night-time security
expenses.
B. Items Excluded From Common Area Expenses. Common Area Expenses
shall not include:
(1) costs associated with initial construction of the Center, the Common Area
or any improvements located thereon including costs of correcting any
LESSOR-identified defects in initial design or construction;
(2) charges for depreciation, interest, amortization or penalties with respect to
the Center,the Common Area or any improvements located thereon;
(3) expenses which, in accordance with generally accepted accounting
principles, would be capitalized;
(4) expenses resulting from negligent acts or omissions of LESSOR;
10
(5) legal and accounting fees involving relations or disputes with employees,
tenants or others, leasing commissions, bad debts and other business
losses;
(6) Eden Housing Management, Inc., the Center's property management
company, management fees;
(7) Reserves for future expenses;
(8) amounts for which recovery is obtained under warranties, insurance
coverage, wholly from another tenant or otherwise; and
(9) the cost of providing improvements wholly within the premises of any
other tenants in the Center at any time, except for space leased by the
Contra Costa County Sheriff-Coroner.
C. Additional Rent Payments. .Although the term of this Lease starts January 1,
2000, the obligation of the COUNTY to pay Additional Rent shall not commence until the
first working day after the LESSOR.delivers and COUNTY accepts Premises in
accordance with Paragraph C.7. COMPLETION AND OCCUPANCY of this Lease. If
COUNTY acceptance of the Premises occurs after the first day of the month, rent shall be
prorated for that month. Subject to the foregoing, on the Base Rent commencement date
and monthly thereafter, COUNTY shall pay to LESSOR One Thousand Six Hundred
Thirty Five and No/100th Dollars ($1,635.00) as Additional Rent for Common Area
Expenses, payable in advance on the tenth day of each month during the term of this lease
and its extensions. Within one hundred twenty (120) days after the end of each calendar
year LESSOR shall provide COUNTY with a written statement itemizing in detail the
Common Area Expenses actually expended for the preceding year. If COUNTY paid
more than COUNTY's Proportionate Share of the Common Area Expenses actually
incurred, then LESSOR shall issue a reimbursement check within sixty (60) days for the
amount of the overage. If COUNTY paid less than COUNTY's proportionate share,
COUNTY shall promptly pay to LESSOR the amount of the deficiency. By November 1
of each calendar year, LESSOR shall provide COUNTY with a written statement
projecting Common Area Expenses for the next annual calendar year. LESSOR may, in
its sole discretion, adjust COUNTY's monthly payment of Additional Rent for the next
annual calendar year.
D. Audit of Common Area Expenses. Within two (2) years after receipt of any
Common Area Expense statement, COUNTY may at its own expense, and upon ninety
(90) day advance written notice to LESSOR, conduct an audit ofLESSOR.'s records to
determine the accuracy of such statement. Audit shall be conducted by an independent
auditor in accordance with generally accepted accounting principles at LESSOR's place of
business.
12
E. Common Area Insurance. LESSOR. shall maintain fire insurance with
endorsements for all perils, covering all common area improvements, and the building in
which the Premises are located, in an amount equal to their full replacement value as
determined by LESSOR.°s insurer. LESSOR shall maintain comprehensive general
liability insurance for the Common Area with combined single limit coverage in the
amount of Two Million Dollars ($2,000,000.00). The liability insurance shall contain
endorsements for cross-liability and for assumed contractual liability for liabilities
assumed by LESSOR under this Lease, and shall provide coverage against claims for
bodily injury, personal injury, death and property damage occurring on the Common Area.
A.10. MAINTENANCE AND REPAIRS
A. LESSOR shall keep the roof and exterior of the building in good order,
condition, and repair and shall maintain the structural integrity of the building.
At its sole expense, COUNTY shall maintain and replace if necessary the
exterior doors and their fixtures, closers and hinges, glass and glazing, and all
locks and key systems used in the Premises.
B. COUNTY shall keep and maintain the interior of the Premises in good order,
condition, and repair, but LESSOR shall repair damage to the interior caused by
failure to maintain the exterior in good repair, including damage to the interior
directly and solely caused by roof leaks and/or interior and exterior wall leaks.
13
C. COUNTY shall repair, replace and maintain the electrical and lighting systems
to the Premises in good order, condition, and repair after LESSOR delivers said
systems in good order, condition and repair.
D. LESSOR shall maintain the parking lot, landscaping, sprinkler system, and
exterior lighting system in good order, condition, and repair as part of the
Common Area.
E. LESSOR. shall provide and install, at the direction of the Fire Marshall, the
necessary number of A-B-C fire extinguishers for the Premises. COUNTY shall
thereafter maintain, repair, and replace said extinguishers.
F. COUNTY shall not cause any waste on or to the Premises.
G. LESSOR shall be responsible for the correction of any code violations which
may exist in the Premises, provided LESSOR shall not be liable for correction of
code violations which arise out of or are directly related to COUNTY's
occupancy, remodeling, or use of said Premises.
A.11. NOTICES
All notices given hereunder shall be in writing and shall be deemed to have been given if
personally delivered or deposited in the United States mail postage prepaid, certified or
registered, return receipt requested, and addressed to the other party as follows or as
otherwise designated by written notice hereunder from time to time:
14
To Lessor: North Richmond Commercial Development, Inc.
409 Jackson Street
Hayward, CA 94544
Attn: Director of Property Management
To County: Contra Costa County
General Services Department
Lease Management Division
1220 Morello Avenue, Suite 100
Martinez, CA 94553
A.12. ATTACHMENTS
Section B, Standard Provisions, and Section C, Special Provisions, are attached to this
Lease and are made a part hereof
A.B. WRITTEN AGREEMENT
Neither party has relied on any promise or representation not contained in this Lease. All
previous conversations, negotiations, and understandings are of no further force or effect.
This Lease may only be modified in writing and signed by both parties. The headings of
the pages and paragraphs are for convenience only and are not a part of this Lease, nor
shall they be considered in construing the intent of this Lease.
15
A.14. TIME IS OF THE ESSENCE
Time is of the essence of each and all of the terms and provisions of this Lease.
A.15 SIGNATURE BLOCK
COUNTY LESSOR
COUNTY OF CONTRA COSTA, a NORTH RICHMOND COMMERCIAL
political subdivision of the State of DEVELOPMENT, INC., a Ca 'forma
California non rofit ublic benefit corp ation
By
Director o vera ervices Co-Executive Director
RECOMMENDED FOR APPROVAL:
By
Co-Execu 've birector
By (
D1 c oRa—pita F c sties an e t
Management
By �<-
Social Service Department
Br
Z�eoGenfieices Director
B `
y
Lease Manager
APPROVED AS TO FORM:
VICTOR J. WESTMAN, County
Counsel
By J
Deputy
16
LEASE
NORTH RICHMOND COMMERCIAL CENTER
1535 3" STREET, #D
RICHMOND, CALIFORNIA
For
SERVICES INTEGRATION TEAM
SECTION B: STANDARD PROVISIONS
B.I. HOLDING OVER
Any holding over after the term or extension of this Lease as provided hereinabove shall
be construed to be a tenancy from month to month, subject to the terms and conditions of
this Lease. Notwithstanding the foregoing, COUNTY's Base Rent and Additional Rent
for Common Area Expenses during the first three months of any such holding over period
shall be at the same rate as that for the most recent Extension period specified in Paragraph
A.S. Extension above and the Additional Rent during that period. Thereafter, LESSOR
may exercise and enforce all of its legal rights to regain possession of the Premises, to
recover all sums due under the Lease, and to seek any and all damages available to
LESSOR.
Remainder of this page left intentionally blank
17
B.2. USE OF PREMISES
The Premises shall be used during the term and extension thereof for purposes of
conducting various office and counseling functions of COUNTY and for no other purpose
unless approved in writing by LESSOR.
B.3. HOLD HARMLESS
COUNTY agrees to defend, indemnify and hold harmless LESSOR from any and all
claims, costs, and liability for any damage, injury or death of or to any person or the
property of any person, arising out of negligent acts, errors or omissions of the COUNTY,
its officers, agents or employees. COUNTY shall not be liable in the case of any
structural, mechanical or other failure of equipment of building owned and maintained by
the LESSOR or for liability which is attributable, in whole or in part, to the negligence or
willful misconduct of LESSOR, which results in damage to any person or property.
LESSOR agrees to defend, indemnify and hold harmless the COUNTY from any and
all claims, costs, and liability for any damages, injury or death of any person or the
property of any person, arising out of negligent acts, errors or omissions of the LESSOR,
its directors, officers, agents or employees.
B.4. ENFORCEMENT
Either party has the right to enforce the terms of this Lease. In the event that an action is
brought by either party for the enforcement of this Lease, the prevailing party in such
18
action shall be entitled to reimbursement of all costs and expenses including reasonable
attorneys' fees, as deemed proper and appropriate by a court of proper jurisdiction. The
Coordinated Trial Courts of the County of Contra Costa shall be the forum and venue for
all litigation.
B.5. ALTERATIONS, IMPROVEMENTS, FIXTURES, AND SIGNS
COUNTY may make any lawful and proper minor alterations, attach fixtures and signs in
the Premises, which shall remain COUNTY property and may be removed therefrom by
COUNTY prior to termination of this Lease, all signs to meet with existing code
requirements and LESSOR's prior written approval. No exterior signs shall be allowed
without LESSOR'S prior written approval. Any such alterations, signs or fixtures shall be
at COUNTY's sole cost and expense to install, repair, maintain or replace. Upon removal
of said signs or fixtures, COUNTY shall restore Premises to the original condition,
reasonable wear and tear excepted.
B.6. DESTRUCTION
A. In the event of damage causing a partial destruction of the Premises during the
term of this Lease from any cause, and repairs can be made ninety (90) days
from the date of the damage under the applicable laws and regulations of
governmental authorities, LESSOR shall repair said damage promptly and
within a reasonable time, but such partial destruction shall not void this Lease,
19
except that COUNTY shall be entitled to a proportionate reduction of rent while
such repairs are being made, such proportionate reduction to be based upon the
extent to which the portion of Premises unusable by COUNTY bears to the total
area of the Premises. Furthermore, an additional thirty (30) days shall be
provided, at LESSOR's request, to extend the time within which repairs can be
made, provided LESSOR. demonstrates good faith efforts in its attempts to make
repairs. If such damage is determined by LESSOR's insurance company to be
caused by the COUNTY, the cost of LESSOR's reasonable deductible and any
reasonable unreimbursed costs to repair or replace the premises shall be wholly
borne by COUNTY.
B. If such repairs cannot be made in one hundred twenty (120) days, LESSOR may,
at its option, make the same within a reasonable time, the rent to be proportion-
ately reduced as provided in the previous subparagraph. In the event LESSOR
does not so elect to make such repairs (which cannot be made in one hundred
twenty [120] days), or such repairs cannot be made under such laws and regu-
lations, this Lease may be terminated at the option of either party.
C. A total destruction of the Premises or the building in which the Premises are
located shall terminate this Lease.
20
B.7. QUIET ENJOYMENT
LESSOR covenants that COUNTY shall at all times during the said term peaceably and
quietly have, hold, and enjoy the Premises without inference, suit, trouble or hindrance
from or on account of LESSOR as long as COUNTY fully performs hereunder.
B.8. DEFAULTS
Any of the following occurrences shall constitute an Event of Default under this
Agreement:
Event of Default by COUNTY: COUNTY's failure to comply with any
material term or provision of this Agreement shall constitute a default by
COUNTY when such failure continues for thirty (30) days after LESSOR sends
COUNTY written notice of failure specifying in reasonably sufficient detail the
nature of said breach. If the default cannot be cured within thirty (30) days,
COUNTY's failure to comply with the term or provision shall still constitute a
default under this Agreement unless COUNTY has attempted to cure the default
within said thirty (30) day period and has diligently and continuously attempted
to complete the cure as reasonably possible.
On the occurrence of an Event of Default by COUNTY, LESSOR.may re-
enter and repossess the Premises and remove all persons and property therefrom
21
after giving COUNTY written notice of such Default and in accordance with due
process of law.
E. Event of Default by LESSOR: LESSOR's failure to comply with any material
term or provision of this Agreement shall constitute a default by LESSOR when
such failure continues for thirty (30) days after COUNTY sends LESSOR
written notice of the failure, specifying in reasonably sufficient detail the nature
of said breach, and LESSOR has not responded to COUNTY. If the default
cannot be cured within thirty (30) days, LESSOR's failure to comply with the
term or provision shall still constitute a default under this Agreement unless
LESSOR has attempted to cure the default within said thirty (30) day period and
has diligently and continuously attempted to complete the cure as soon as
reasonably possible. Notwithstanding the foregoing, in the event of a situation
creating a perilous condition on the Premises which substantially and
significantly threatens the health and safety of the COUNTY, which situation is
not construed as a Default condition, LESSOR shall use reasonable efforts to
immediately address the situation and shall use diligent efforts to correct the
perilous condition.
On the occurrence of an Event of Default by LESSOR, COUNTY may
terminate this Agreement and quit the Premises without further cost or obligation
22
or may proceed to have the required repair work completed by a licensed
contractor mutually acceptable to COUNTY and LESSOR., and COUNTY may
file claim with LESSOR for cost of such work.
B.9. SURRENDER OF PREMISES
On the last day of the said term, or sooner termination of this Lease, COUNTY will
peaceably and quietly leave and surrender to LESSOR these Premises with their
appurtenances and fixtures (except signs and fixtures referred to hereinabove) in good
order, condition, and repair, excepting for reasonable use and wear thereof and damage by
earthquake, fire, public calamity, by the elements, by Act of God, or by circumstances
over which COUNTY has no control. COUNTY shall not be liable for painting the
interior of the Premises upon termination of this Lease. Upon damage caused by removal
of any fixture or personal property by COUNTY at termination of lease, COUNTY shall
restore Premises to original condition, reasonable wear and tear excepted.
B.10. SUCCESSORS AND ASSIGNS
The terms and provisions of this Lease shall extend to and be binding upon and inure to
the benefit of the heirs, successors, and assigns of the respective parties hereto.
B.11. SEVERABILITY
In the event that any provision herein is held to be invalid by any court of competent
jurisdiction, the invalidity of any such provision shall not materially prejudice either the
23
COUNTY or LESSOR in its respective rights and obligations contained in the valid
provisions of this Lease.
B.12. WASTE/NUISANCE
COUNTY shall not commit, or cause to be committed, any waste upon the Premises, or
any nuisance or other act or thing which may disturb the quiet enjoyment of any other
Lessee or occupant of the Center in which the Premises are located.
24
LEASE
NORTH RICHMOND COMMERCIAL CENTER
1535 3P-' STREET, #D
RICHMOND, CALIFORNIA
for
SERVICES INTEGRATION TEAM
SECTION C: SPECIAL PROVISIONS
C.1 SERVICES BY LESSOR
It is understood and agreed that COUNTY has requested that LESSOR shall provide
certain maintenance, construction or like services to the Premises. COUNTY and
LESSOR have entered into a Memorandum of Understanding for Development and
Construction Management Services for the COUNTY Services Integration Team Tenant
Improvements ("MOU") dated October 6, 1999 labeled as "Exhibit C", which is attached
hereto and made a part hereof
C.2 SUBLEASE
COUNTY shall have the right with LESSOR's prior written approval, which approval
shall not be unreasonably withheld, to sublease the Premises or any part thereof at any
time during the term of this Lease or extension thereof to a person or company providing
services to COUNTY in conformance with Paragraph B.2. Use of Premises; however,
25
COUNTY shall remain responsible for payment of Base Rent and Additional Rent for
Common Area Expenses, and for performance of all the provisions of this Lease. Any and
all sums or other economic consideration received by COUNTY as a result of such
assignment or sublease which exceeds, in the aggregate (i) the total rental which
COUNTY is obligated to pay LESSOR under this Lease (prorated to reflect Rent allocable
to any portion of the Premises subleased) plus (ii) any actual expenses incurred by
COUNTY, including real estate brokerage commissions or fees paid by the COUNTY in
connection with such assignment or subletting, shall be paid to LESSOR. as Additional
Rent under this Lease.
C.3. ASSIGNMENT
COUNTY shall not assign all or any portion of this Lease without LESSOR's prior written
consent, which approval shall not be unreasonably withheld.
C.4. INSURANCE
COUNTY, a political subdivision of the State of California, is self-insured and has
established reserves for public liability and property damage exposure in accordance with
generally accepted principles of self insurance, to cover the losses which would otherwise
be covered by commercial policies. LESSOR, Eden Housing, Inc. and Eden Housing
Management, Inc., shall be named as additional insured. COUNTY shall provide a letter
26
of self insurance covering the term of this Lease. LESSOR shall not be responsible for
any loss to COUNTY's property or tenant improvements on Premises.
C.5. SUBORDINATION AND ATTORNMENT:
Upon written request of LESSOR, or any first deed of trust beneficiary of LESSOR,
COUNTY shall, in writing, subordinate its rights under this Lease to the lien or any first
deed of trust, or to the interest of any lease in which LESSOR is lessee, and to all advance
more of hereafter to be made thereunder. However, before signing any subordination
agreement, COUNTY shall have the right to obtain from any lender or lessor of LESSOR
requesting such subordination, an agreement in writing providing that, as long as
COUNTY is not in default hereunder, this Lease shall remain in effectfor the full Term
and extension thereof. The holder of any security interest may, upon written notice to
COUNTY, elect to have this Lease superior to its security interest regardless of the time of .
the granting or recording of such security interest.
C.6. ACCOMPLISHMENT OF IMPROVEMENTS
Tenant Improvements: In accordance with the provisions of the NICU, LESSOR and
COUNTY have agreed on the scope of improvements as depicted in Construction
Documents prepared by Pyatok Associates dated September 17, 1999 and modified by
plan check dated October 5, 1999, identified by Building Permit Number T 241202
incorporated herein by reference. LESSOR and COUNTY agree that the improvements
27
shall be undertaken pursuant to the provisions as stated in the MOU and the Construction
Documents, copies of which are on file with both parties.
C.7. COMPLETION AND OCCUPANCY
The following procedure shall apply for completion and acceptance of the tenant
improvements of the existing building, hereinafter called `Improvements."
A. Upon LESSOR's completion of Improvements and written notice thereof to the
County Lease Manager, COUNTY shall inspect within three (3) workdays after
receiving said notice and shall accept or reject said Improvements within five (5)
workdays of receipt of such written notice.
B. The sole basis for rejection of the Improvements shall be nonconformity with
plans and specifications or applicable laws or ordinances. In the event
COUNTY rejects the Improvements, COUNTY shall provide LESSOR with a
reasonably detailed list of the deficient portions or details of the Improvements.
C. LESSOR. shall immediately commence to complete or correct the rejected
portion.
D. Subject to subparagraphs (A) and (B) above, rental shall be prorated as of the
first workday following said acceptance by COUNTY. However, acceptance of
said Improvements shall not constitute a waiver of any warranty of any defect in
regard to workmanship or material of the Improvements on the Premises.
28
_..
C.B. PRIOR POSSESSION
Commencing on December 15,1999 , COUNTY shall have the right to install carpet,
fixtures, telephones, and other items required to prepare space for COUNTY's occupancy
and to store furniture, supplies, and equipment where such work or storage can be effected
without unduly interfering with LESSOR's completion of the improvements.
C.9. FARING REQUIREMENTS
COUNTY shall use its best efforts to abide by the terms of the Commitment to North
Richmond Employment, attached hereto as "Exhibit D" and made a part hereof.
COUNTY shall also employ its best efforts to comply with any otherreasonable hiring
requirements imposed by funding agencies of LESSOR. Furthermore, COUNTY will
provide LESSOR with quarterly statistics (or more frequently as may be required)
reporting the number of jobs created, positions created, and the new hires' place(s) of
residence. COUNTY shall also comply with any other reporting requirements of
LESSOR's funders.
C.10. PROHIBITED USES
COUNTY shall use Premises as office only and shall not use any portion of Premises as a
manufacturing plant or factory, nor use any portion of Premises in the manufacturing or
production of flammable, toxic or hazardous materials. COUNTY shall also be prohibited
29
from selling liquor, alcoholic beverages, tobacco products or fire arms on, at or near the
Premises.
EXHIBITS
EXHIBIT A: DESCRIPTION OF CENTER.
EXHIBIT B: DESCRIPTION OF PREMISES
EXHIBIT C: MEMORANDUM OF UNDERSTANDING FOR
DEVELOPMENT AND CONSTRUCTION MANAGEMENT
SERVICES
EXHIBIT D: COMMITMENT TO NORTH RICHMOND EMPLOYMENT
6:1NewDirStructurelPrograms\levlpmntlProjectsNtoRichCommxPropMgmt1CCC GSA Lesse.doe
30
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Page 2 of 3
5. Description:
The land referred to herein is situated in the State of California, County of CONTRA
COSTA, IN AN UNINCORPORATED AREA, described as follows:
REAL PROPERTY IN UNINCORPORATED CONTRA COSTA COUNTY, CALIFORNIA,
BEING ALL LOTS 13 THROUGH 16, 24 AND 26 THROUGH 28, AND PORTIONS OF
LOTS 10, 11, 12, 17, 25, 29, 30 AND 31, BLOCK 71, AS SHOWN ON THE MAP
OF NORTH RICHMOND LAND AND FERRY COMPANY TRACT NO. 2, FILED
SEPTEMBER 19, 1911, IN BOOK 5 OF MANS AT PAGE 124, CONTRA COSTA
COUNTY RECORDS, AND A PORTION OF SECOND STREET (FORMERLY EIGHTH
STREET), AS SHOWN ON THE MAP OF TRUMAN ADDITION TO RICHMOND, FILED
NOVEMBER 18, 1912, IN BOOK 8 OF MAPS AT PAGE 198, CONTRA COSTA
COUNTY RECORDS, DESCRIBED AS FOLLOWS
COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK 71; THENCE
ALONG THE EAST LINE OF SAID BLOCK 71, SOUTH 00 01' 00" EAST, 138.00
FEET TO THE POINT OF BEGINNING OF THE PARCEL TO BE DESCRIBED.
THENCE FROM SAID POINT OF BEGINNING, SOUTH 890 59'00" WEST, 72.00
FEET; THENCE SOUTH 00 01' 00" EAST, 43.50 FEET; THENCE SOUTH 891 59'
00" WEST, 64.50 FEET; THENCE SOUTH 00 01' 00" EAST, 65.00 FEET; THENCE
SOUTH 89° 59' 00" WEST, 67.50 FEET TO ALINE PARALLEL WITH AND DISTANT
WESTERLY 4.00 FEET MEASURED AT RIGHT ANGLES, FROM THE WEST LINE OF
SAID BLOCK 71;THENCE ALONG SAID PARALLEL LINE, SOUTH 00 01' 00- EAST,
196.10 FEET; THENCE SOUTH 45° 00' 40" EAST, 18.53 FEET TO A POINT ON
THE SOUTH LINE OF SAID BLOCK 71 , NORTH 890 59' 40- EAST, 40.90 FEET TO
THE SOUTHEAST CORNER OF LOT 24 IN SAID BLOCK 71; THENCE ALONG THE
EAST LINE OF SAID LOT 24, NORTH 00 01' 00" WEST, 125.00 FEET TO THE
NORTHEAST CORNER THEREOF; THENCE ALONG THE NORTH LINES OF LOTS
21,22 AND 23 IN SAID BLOCK 71, NORTH 89° 59' 40" EAST, 75.00 FEET TO THE
NORTHEAST CORNER OF SAID LOT 21; THENCE NORTH 00 01' 00" WEST, 6.74 .
FEET;.THENCEPARALLEL TO THE SOUTH LINE OF SAID BLOCK 71, NORTH 890
59' 40" EAST, 75.00 FEET TO A POINT ON SAID EAST LINE OF BLOCK 71;
DISTANT THEREON NORTH 00 01' 00" WEST, 131.74 'FEET FROM THE
SOUTHEAST CORNER THEREOF; THENCE ALONG SAID EAST LINE, NORTH 00 01'
00" WEST, 186.00 FEET TO THE POINT OF BEGINNING.
ASSESSOR'S PARCEL NO.: 409-070-028
North American Title Company, Inc.
Policy No. 454126 Page 3 of 7 Order No. 99700880
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MEMORANDUM OF UNDERSTANDING
Development&Construction Management Services for SIT Tenant Improvements
This Memorandum of Understanding is entered into as of ,1999
by and between Contra Costa County,a political subdivision of the State of California,and Eden
Housing,Inc.,a California nonprofit public benefit corporation.
A. Eden Housing,Inc. ("EDEN")is a nonprofit housing developer whose purpose is to develop
and manage affordable housing, and refer residents to, and provide residents with,
supportive services.
B. The Contra Costa County Services Integration Program is administered by the Office of the
County Administrator("COUNTY")and involves the collaboration of the County
Departments of Health Services,Probation and Social Services. The program offers
employment counseling and workshops,Medi-Cal,foodstamp and public assistance eligibility
services,child protective services,juvenile probation, children's mental health counseling
and some public health nursing and substance abuse counseling services.
C. COUNTY intends to lease approximately 5,225 square feet of space from the North
Richmond Commercial Development, Inc., a California nonprofit public benefit corporation
("Owner")and owner of the North Richmond Commercial Center("Center").
D. EDEN and COUNTY are entering into this MOU for the purpose of specifying their
respective responsibilities for building out the tenant improvements work for COUNTY's
space.
Now,therefore,in consideration of the mutual covenants set forth below,and other valuable
consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as
follows.
1. General Eesponsibilities. It is agreed that EDEN will take the lead in developing the
COUNTY space and will be responsible for day-to-day project development and management .
activities. A list of these activities is included as Exhibit A. Key decisions affecting the COUNTY
space will be made jointly by EDEN and-COUNTY. Key decisions include,but are not limited to,
approval of the design development drawings,construction documents, and selection of the project's
general contractor. It is acknowledged that EDEN shall sign third-party consultant contracts on
behalf of COUNTY to accomplish the necessary work;however,it is agreed that EDEN shall not be
required to contribute or loan funds to the tenant improvements of COUNTY's space.
COUNTY and EDEN acknowledge that both parties have entered into a Standard Form of
Agreement Between Owner and Architect dated June 21, 1999,for design services related to the
space SIT intends to occupy, as well as a separate Memorandum of Understanding for architectural
services, all attached hereto as Exhibit B. Following approval in writing by COUNTY of the design
development and construction documents to be generated per that MOU,EDEN shall arrange for
and supervise construction of the tenant improvements in accordance with the plans and
specifications.
Any changes to the construction documents(including but not limited to working drawings,
construction contract and project specifications)shall be made with written approval from COUNTY.
COUNTY acknowledges that timely approval or disapproval is necessary during the construction
process and agrees to provide a written response to a change order request within three(3)business
days after receipt of such request. Approved change orders shall be charged at a rate not to exceed
the direct cost to EDEN. COUNTY may make inspections of work during construction of
improvements,but will not interfere with EDEN's project management and/or construction
management activities, or the work of the general contractor and/or subcontractors. Any requests,
recommendations or notice of discrepancies shall be directed to EDEN.
Page 2 o,f 28
2. Financial Reap=ibilities. All costs and expenses incurred in the design and
construction of the improvements shall be borne by COUNTY;provided,however,that COUNTY
shall receive a tenant improvement allowance("Allowance")from Owner. The Allowance provided
shall be$20 per leasable square foot,or$105,280 at Pyatok's latest calculation of 5,264 SF,to be
credited against the following items in order of priority: architectural/engineering(construction
management services for space planning and design;Contra Costa County Community Development
fees and building permit fees related to the improvements; installation of the HVAC system; and
interior plumbing costs, excluding the shell bathrooms.
Additionally,it is recognized that the S.D. Cowell Foundation has provided a$180,000 grant
("Grant")to EDEN on behalf of COUNTY. The grant is to be used towards funding architectural
design,tenant improvements and moving expenses for COUNTY. EDEN has agreed to be the fiscal
agent for administration of the grant and will apply COUNTY's grant amount to the approved uses
required by the grant.
Both parties agree that this MOU is for EDEN's development and construction management
services,and EDEN shall have no'obligation to pay or incur costs that will not be'paid by directly by
the Allowance,Grant or COUNTY.
3. Pant of Construction Costs. All COUNTY's costs not paid with Owner's
Allowance or Grant shall be paid as follows:
a) Prior to start of construction,COUNTY shall deposit into an escrow account with a
title company or other party acceptable to COUNTY and EDEN,the fully budgeted
amount of improvements and related costs over the Allowance and Grant.
b) EDEN will draw funds from the escrow account upon submittal of monthly draw
requests. COUNTY agrees that timely approval of draw requests is crucial and such
decision shall be made within seven(7)days after submission of a completed draw
request.
c) If any funds remain in escrow sixty-five(65)days after the Notice of Completion has
been filed,then all funds,plus any accrued interest,if applicable, shall be returned to
COUN'T'Y if there are no Mechanic's Liens filed against the work. If Mechanic's
Liens are filed,funds shall remain in escrow account until EDEN and COUNTY
mutually agree on resolution of such liens.
4. Payment of Developer Services. The fee for developer services and construction
management services described herein shall be paid by COUNTY in accordance with the fee
schedule attached hereto as Exhibit C, but in no event shall exceed a total of Thirty Five Thousand
Forty Three and No/100th Dollars($35,043).
5. Construction Start. EDEN agrees that it will commence or cause commencement of
construction of improvements as promptly as is reasonably possible and will proceed with due
diligence to perform or cause such work to be performed in a good and workmanlike manner.
6. Work Delays. In the event EDEN is delayed in performing the work to be
accomplished hereunder as a direct result of(1)COUN't`Ts failure to approve plans in a timely
manner,or(2)COUNTY's requests for changes in said plans,or(3)the performance of any work by a
contractor or agent employed by COUNTY(subject to the prior written approval of EDEN),or(4) any
other delay caused by COUNTY,its agents or employees,then EDEN shall,have the right to
terminate this MOU upon five(5)calendar days written notice to COUNTY.
7. LiabilLty. The COUNTY agrees to defend,indemnify and hold harmless EDEN from
any and all claims,costs and liability, arising out of the gross negligence or willful misconduct of the
COUNTY,its Supervisors,officers, agents or employees. EDEN agrees to defend,indemnify and
Page 3 o,f 28
hold harmless the COUNTY from any and all claims,costs and liability, arisingout of the gross
negligence or willful misconduct of EDEN,its directors,officers, agents or employees.
8. Attorneys'Fees. In the event of a lawsuit or other legal or arbitration proceeding
between the parties,the prevailing party shall be entitled to recover actual court or arbitration costs
and reasonable attorney's fees,in addition to any other relief to which such party may be entitled
and deemed appropriate by a court or arbitrator with proper jurisdiction.
9. Governing LAw. This MOU shall be governed by the laws of the State of California.
10. endmeiit. This MOU may be modified at any time by the mutual consent of
EDEN and COUNTY. No amendment to this MOU shall be effective unless it is made in writing and
signed by both parties. Any portion of this MOU which is not specifically amended shall remain
unchanged.
11. Termination. Either party may terminate this MOU upon thirty(30)days written
notice to the other party. In event of termination,COUNTY agrees to reimburse EDEN for any
expenses incurred up to date of termination.
12. Notices. Either party may give notice to the other party by facsimile transmission
with a confirmation telephone call,first class mail postage prepaid,personal delivery or express
delivery by a delivery service such as Federal Express. Notice shall be deemed accomplished upon
receipt;provided,however,that notice given.by first class mail shall be deemed received two(2)days
after deposit in the U.S. mail,first class postage prepaid to addresses set forth below:
To EDEN: Eden Housing,Inc.
409 Jackson Street
Hayward, CA 94545
Attn:Executive Director
To COUNTY for the Contra Costa County
SIT Program: Office of the County Administrator
Services Integration Program
851 Pine Street, 10th Floor
Martinez,CA 94553
Attn: SIT Program Manager
13. Sates Clause. Invalidation of any provision of this MOU by court order or
judgment shall not affect any of the other provisions,which shall remain in full force and effect.
14. Cons ruction. EDEN and COUNTY acknowledge that each party and its counsel
have reviewed this MOU and that the rule of construction to the effect that ambiguities are to be
resolved against the drafting party shall not be employed in the interpretation of this MOU or any
document executed and delivered by either party in connection with the transactions contemplated
by this MOU. The captions in this MOU are for convenience of reference only and shall not be used
to interpret this MOU.
Page 4 o,f 28
IN WITNESS WHEREOF,the parties have executed this MOU as of the date first written above.
For EDEN: EDEN HOUSING,INC., a Califo is nonprofit public
bent corp ation
By:
Catherine A.Merschel
Executive Director
For COUNTY: CONTRA.COSTA COUNTY, a political subdivision of
the State of California
By:
Sara Hoffman
Senior Deputy County 'strator
Attachments: Exhibit A: Development Tasks
Exhibit B: Standard-Form of Agreement between Owner and Architect; and
MOU for Architectural Services
Exhibit C: Fee Schedule
D:\North Richn mdlComme tWXTsnants\SIT..MOU.dw
Page 5 of 28
Ex=rr A
DEVEL+ pvW,NT TASKS
Page 6 o,f 28
CONTRA COSTA COUNTY SERVICES INTEGRATION TEAM
Development Sewices Llst of Tanks a
Date of Proposal: 4M5199
Scope of Work
Described below are the tasks Eden Housing, Inc.would provide for completion of tenant improvements at the
North Richmond Commercial Center. The work is divided into tasks between the Project Developer and
Construction Manager. The associated fees with each role are also distinguished this way. This list of tasks
is intended to initiate discussions for defining the exact scope of work. After review,we can further discuss
the proposed scope and incorporate any modifications that may be needed.
TASKS TO BE COMPLETED BY PART(
Project Developer(PD)
Meetings'with SIT/Pyatok Associates/Contra Costa County
Manage Pyatok Associates contract
General Contractor selection(w/CM)
Construction contract reviewinegotiation(w/CM)
Constnutlon documents review/value engineering(wICM)
Progress payment review/approval{wICM)
Processing draw requests to funding sources
Construction budget management
Change order reviewlapproval/processing(w/CM)
Document Review to ensure conformance with lender requirements
(construction contract, bid documents,architects contract,etc.,wICM)
Management of tenant Improvements schedule(w/CM)
Progress reports as needed
Consf ctfon Manager(CM)
Interim cost estimating at critical points in schemabcsidesign development/construction drawings process
General Contractor selection(w/PLS)
Construction contract reviewinegotlation(w/PD)
Construction documents reviewivalue engineering(w/PD)
Document Review(construction contract,architects contract,etc.,w/PD)
Management/coordination of bid process with architect/contractor
Management of tenant improvements schedule(w/PD)
Progress payment review/approval(w/PD)
Change order review/approval(w/PD)
Meetings with Sid'/Pyatoklcontractor/County
Manage punch list items and project dose-out
Utility service coordination
Page 7 of 28
Err B
STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARC CT
AND
MEMORANDUM OF UNDERSTANDING
Page 8 of 28
r
T H 1 A 9 1 R I C A M I N ' 1 T I T U T 1 O F A R C H I T H C --T g
AIA Document.B141
Standard Farm of Agreement Between
Owner and Architect
1987 ENTION
THIS DOCUMENT HAS IMPORTANT LEGAL COASEQVF-V'CES, CONSULTA77ON WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICA7*7OX
AGREEMENT
mark as of the 21st day of June in the year of
Nineteen Hundred and Ninety nine:
BETWEEN the Owner: North Richmond Commercial
(�Stnre and®ddrea; Development, Inc.
4179 Jackson. St.
layvard, Ca. 94544
and the Architect:
(.lar W-Ai ) Pyatok Associates
For the following Project:
(/nc&dr dwit WrfoC fes don of Pv .lo+aar*m addAW WXf=0W)
)
Tenant Improvement of S.223.5 sf for lease to Service
Integration Team (SIT), at an existing shell building
located at 1535 Third Street, Richmond, CA. 948171
Improvetments include accessible, restroom, staff office,
counseling room, open, file area, and related accillary
spaces. Tfi.is agreement shall include Architectural .Serricei,
Mechanical & 4l.ectrical Engineering Service. Landscaping
Service for the Patio area akel inclixded.
The Owner and Architect agree as set forth below.
Copgright 1917,1926,194;8,1931,t953. 1958,1961.1963,1966.1967,1970.19"4,1977,�,`1198711y TheAtnerfean matt=
Of Architects, 1733 New York Avenue, N.W.,V ahington„O.C.20006.Reproduction of the imteeristl hereht or sul�tantfai
quorstion of its prot�isinna witbout written peYrn#ssiott of the ALA ri+�tes the commight Laws of the Cnked States 2nd will be
- sub;est to lewd prosecttdan.
Al/1 Dt7CJMtmr gn4i •Ci't NiwAacnr rcT AcR$F31x-m*FocRT -m zo o*%•Aus •9i9i
THZAeiiMCACi trrlYtrt.-M OF ARCHPi ECTS,1733 NZV YORK A%'Yw^i IL K Vr WASHMG YC3K D.C.11016 8147+I N7 1
Pa9c 9 of 28
T'MMS AI'M CONDITIONS OF AGREEMENT BETWMN OWNER A.ND AROJMCT
ARTICLE 1 schedule or construction btrc*m the Architect shalt prepare,
ARC ItTEiCT'S R 5PCt5v�i1 1L.lTIEB for approval by the Owner, r*veiopax=Doeutne xtxs
consisting of drawer and other doctsnients to fiat and e
1.1 ARCMTECrS SGtux.RYlC ES the size and character of the Project as to atchitetxuta4 solse.
total. metr•.bats,ictsi and electrical matte rttb and such
1.1.1 The Architect's suites consist of chose ser-,I= pCV other elements as may be appreptive.
forrrued by ttte Atc3sicrct,Ad's eMPICAPM and Archie°s 2.3.2 The Architect shato advise the Owner,of any 30autumta
cOnSulUntt as Cnumerated in Articles.v.and 3 of this Agremn= as the t'3itrtinarc 1cc of construction Cost
and any other services imduded in Article I2. rP
1.1.2 The Architerz`s services shall be peftrmed as expedi. 2.4 C27NS5`TpiUCTION DOcumm PHASE
t ously as is consistent with professiona;drill atsd care and the
orderly pis of the nro&upon recitum of the Owner.the 2.4.1 Based on the approved- Desilp Deveioptsxmnr Docu.
Atchic=shalt submit for the Ownes aplmavai a ache ciuie far merits and any huiber adiustm=cs in the scope or cttr*y of
rhe pcifolnance of the'Archima's servicers which ma}r be the Project or in the construction.bx c#p authotitai by the
2ditmr4d,zs the Ptojeet proceeds. and shrill Include 211ovwanca Owner,r,the Architect shad prepare.for approval by the Owner,
for periods of time required for the Owner`s review and for Construction Documents consisting of Drawings and Spescidca.
aMroavai of submissions by authorities having j hxUc*m over titans setting forth in detail the requirm mmm for the conscruc.
the Patxje m Time 11mits cimbiished by this schedule 2ppmved tion of the Prot.
by the Owner snail not,etcept tr mile e.ucae,be 2.4«2 The Architect slra#i astdst the Owner in the
by the Architect or Owner. pian of
the necqwv bidding imfartxration. bidding fornxs,the Condl.
1.1.3 The setrssxens covered by this Agreanenc we subject to dons of the Contract,and the form=ofAmt between the
the time knitatlons contained in Subparagraph 11.5.1. Owner ant!Contractor.
of any mifumnents
ARTICLE 2 to Previous p� Ownerect shall x1vise the
reiinxsnar%* cidmarer offConstruction Cxmt indl-
SCOPE OF ARCHITECT'S SASit SOMCES eared by changes in mq'uirements or general mares condid ms.
1.4.4 The mchitect shrill assist the C)%mar its tonne own with
2.1 D gNMON the: Owner's msponsibiitty for MkV docun=m a quned for
2.1.1 The Architect's Basle Servim consist oaf thow dcc gxd the aCspt+arai of loverYsnscntai asrchc>ziaGct having juxisittcticn
in PZWVbS 2.2 through:.6 and any Ocher 3nts3ccs idizndded over the Project`
In A dde i,:as part of Basic Sezvicem and tu*Wc n ormW:dt=.
rural,me:chanicai and eim=icai engincering savicm 2.5 5'i MNCr1 OR NEGOTYATIOf4 PHASE
2.2 $CMEMAMC:DESIGN PHASE 2.:5.1 The Architect, RAW",thew Owner's appto al of the.
2.2.1 The Architect shad review the program iusished by r!!te Construction gets and of the Situ prei#trtit=y e
Owner rix ascettairi the rer;uirrYttrmzsrss or die Pttisfect and shad of Construction Con.shalt assist the Owner in erg bits
or negotiated proposals and assist in awarding and prepwing
arrive at a mutual underitanciing of such requirements v.nth the contracts for construction.
Owner.
2.24 The Architect shall provide a preiltniaarr evaluation of 2.5 CONSTRUCTION PHASE—ADMIN1017PATION
the OWrA:is program schedule and consa ucdon budget of THE CONSTRUCTION CONTRACT
requirements.taut in menss of the other,suidMa to the limier
tions set hatch in Subparagraph i. .1. 2.11.i The Architect's responsibility to provride Basic Services
far the Construction Fh;xse under this Agreement=mme nce s
1,2.3 The Architect shah review with the Owner alternative with the reward of the Contract for Construction and termi.
apptuactus to deter and construcWn a the Project, races at the=riler of the issuance to the Ovmer of the anal
2.2.4 Hared on the mun alto agreed-upon progrmn, schedule Certificate fear Puym ent or 6o da1-3 atter the dart of Substan»
2nd construction budget r6quixvmxe m the Architect shall rias Completion of the 'Work.
prepare,feat app v2l by the Ovivner. Se vie Design I?o+ctx- 2.15.2 The Mctsite ct shall prey tide adminismWon of the Con-
merits consisting of dataings and other doctiurnents iitusl<tradrsg tract for Construction as sect forth below and In the edition of
the scale 2nd relationship of Project components. AlA Doc`rrm. t A-10 1. Gmeral C unditlons of the Contract,for
=3 The Architect&t a su bast to the Owner a pre ilrrunart Construction.current as of the date of this Agreement,unics s
escimatr.of Construction Con based on current arrasvoltume or otherwise prixctdsed in this Agreerttenc
other unit costs. 2-JL2 T7uties.responsibilities and tirtxiatttans of authmrity of the
2.3 DESM DRV814PS♦ISE1rCT PHASE Architect shalt cwt be restricted.moodilled or rwtr uxle t without
written ag me Mt of the Owner and Architect with consent of
2.3.1 Based on tete approved scheenutic oesign Docurrzam the Contractor. which consent shail peat be urmsonably
and any adlusrmtents axuhortzed br the owner in the pt+ispmu. w ithhee€d.
Air►taae irGMr 1161 +OW%" xt-++lAQiiTBr.'"r+GGRALML%-r`•Piot-RTM-rM EtxrT CM w ASA, •'L'199,
THE,aatzstriaS MhT a.-M Cas,xctHen ase.-m I-M'49W YOiM A%-at:VL.N+x;.ta°s.,tiuve::•rcart.sa.Q-'txx16 3141-1987 2
Purge 10 o,f 28
28.4 The Architect shall be a representative of and shalt advise quantity of the Wa rk,(2)reviewed mnstrwdon meats,awth..
and consult with the Owner(T)during construction until ftnai ads.techniques.sequences or procetiiia ,(3)ftv*vftd copies
Payment to the Contractor is due.and CZ as art final,Ser- of requisitions received from subcontractors and M=ftd SuP„
vice at the Owner's direction trorn time to time during,the cow• pilaris and Other data ter tea!by the Owner to substantiate
t+r cdon period described in the Cora:=for Construe dais.The the Contractor's right to payrramc or(4)ascertained how or for
Ardtitect shun tme aushority to am on behalf of the Owner What Purpose the Contractor has used money pmvbusiy paid
only to the r»aaetst provided its this Agreement unkm otherwise ise an account of the Contract sum.
rnodilir+'d by written instx east.
3.8.11 "itis: xbicact shag have zuthorit r to reject Vricxit wsie�a
3.l3 The Architect sian visit the site at buervais appropriate dors not conform to the Contract Wines.Vic ttae
to the stag of construction or as otherwise aid by the Architect considers it necessary or adviseble for impianwA .
Owner XW Architect in writing to bei ge rs rally r tion of the intent of the Contract Docmnsens,the.Amf*=wsia
with the progress and mils;of the Work.ctampie tea d and to have authamy to require additiong inspection Or testing of the
determine In ge semi it the'W ark is being peftcrned in a main- 'Work in accordance with the provisions of the Can t Docu.
stet Indicating that the Work when completed wewW be in accor- malts, whether Or not such writ is ftdcatcd, tsunned or
fiance with the Contract Documents. However, the Architect completed.'However,neither this aurhadry of the Architect nor
shalt not be required to malre eve or continuous ors-sin a decision srade in goad Stith either to cterctse or not to
inspections to d tk the enmity or quandry of the''otic,On the such authority shrill give rise to a duty or.responsibility of
the basis of on-site observations as an ardUtect. the Architect the Architect to the Contractor, Subcontractors. nsaterial and
shalt keep the Owner informed of the progress and quality of equipment suppliers. their pgmts or employ or other per.
the Work. and shag emdesnvor to guard the Owner against sans performing portions of the work
depress and degcfencdes in the as an (.1leowtitt entatresfa�r suitor 3..8.13 The Arrhitca shall review atsd rove or take catcher
rapr�setYtttrrterire siert+bet eta as raft�isfdlt6csnat Setrrwkiw, as app
described in ParaVuPb 3.,Z) appropriate action upon Contractor's submietcata such as Shop
Drawings, Product Do a and Samples.but only for the Umited
2.8.8 The Arctiltect shalt not have.convol over or charge of pmt of chetiting for combratance wth hfor Cation glvm
and shag not be responsible for construction means.methods, and the design concept wrpsYssed in the Contract Doom==
cechniqutim sequences or procedures.or for satiety precasudons the Art;hitect's action shall be tatise;n with such reasonable
and programs In connection with the Wont. since these are promptness U to exuse no delay in the Work or in the con.
xAdy the Contractor s responsibiilty under the Conuucr dor sanction of the Owner or of separate COnC12Ctot3.while allow.
Construction. The .architect shall not be responsible for the trig sufficient time in the Ard%irect's professiotuad iu dgumt to
Ccmrracccor`s schedules or failure to carry out the'Work in alcor- permit adequate review,Review Of such submittals is not con-
dance with the Contru:t Datums w. The Arthtex:t shall not ducted for the purpose of detertnu mg the accuracy and cath-
hat
have control over or charge of,aacts'or omissions of the Contac- pletter um of Other derails such as dIxnCn90n3 and quantities or
for substantiating instructions far instaltadon or
tor. Sudacotxtractors. or �agents or e~rssplarea~s, at of am g peztrniarsu,.e of
other persons performing portions of the Work equipment or syste:M designed by the Contractor.ail of which
remain the responsibili3ty* of the Contractor to rhe tetania
2.8.7 The Architect shall at ail dssues haver access to the'Work required by:the Contract Documents. The Archftees review
wherever it is in pin or progress. shall not constitute approval of satiety preteeautdons or, unless
otherwise speciliCaily stand by the Agehite m of consm=:lon
2.8.8 B.�crapt as may otherwise be provided in the Contract meas. methods, techniques. sequences or proceduure L The
Docurrus its or when direct communications Piave been: spe• Architect's approval of a spedisc Itan shall not int�te
«ally auuhorUn d,the Owner and Contractor shalt communicate approval of an Assettibiy of which'the item is a a?mpone rit.
through the Architect.Communications by and with the Awtu. When prof nionai cerci n of performance civaracseristies
sect's consultants shall be through the Architect. of materials,sc-st rsr or equipment is mqu iced by the;Contract
Documents. the Architect shall be entitled to resin upon such
2.8.9 Based on the Architect`s observations and evaluations of eaertiftr dean toest establish that rite materials, stizeteszts car equity
the Coatsae-oar's �pppolns for Pasrssersr, size �rrcctsitect slrstt merttt will meat rise perfarsnance criteria required by rise Con-
tract Documents.
r
2.8.10 The Atchircci s eardficatdon for payment shall corm d- 2.8.13 The Architect shall prepared a=ge Cutlets and Cc*
tuts a representation to the Owner. based on the Architects stt`ucum Chunge 01rectiveeswith supporting documentation
observatfueas at the site as provided in Subparagraph 2.6.3 and and data if deemed necessary by the Architect as provided in
an the data comprising the Connn:ctor's Application for Par- Subpactgrsphs 3.1.1 and 3.3.3, for the Owncr's approval and
mr,nt, that. to the:best of the Architect's knowvledgt: inform execution in accordance with the Contract Documents, and
clan:and ballet`the Fork has progressed to the point hulicated MAY authoriax minor changers in the: Work not involving an
And the quality of Work is in accordance with the Cc== sc#iuustmcnt in the Contact Seam or an c=nsjon of the:Contract
Documents. "tie foregoing representations are subie+et w ars TIMC which Arun:not Inconsistent with the intent of she Contract
evaluuxtiun of the: 'Fork for conibtzttuttce with the Contract Documents.
Dtx%unemrs upon Substantial Completion. to results of subse-
quent tests and inspections.to mincer deviations from the Can- 2.8.14 •The';Architea shalt mritiu t kupecdtxu to determine
tract Documents coirecaable pricer to completion and as spit- diet dare or dates of Substantial Ccarnpbt n=and the dater of fhsai
title:qualf tcaduris ttTnwed by rho~Architect.The issuance of a compte ion, shall receive oma ftim-ard as the Crag icor the
C`.erdikatc fur Payment shull huther constitute a represenmdon Owner's review and ree.urtis written owarraritics :and sciatad
that the Concr=or is etndded zea payment in the amount cer d- documents required by the Cont= Ctacumemts And rouge-
! 4 )%)ver. the issuance of a Certdacut+e for Pacnnent shall bkd by the Contrsc tor.and shin!iswir a final Certdf em far pay
not be a reptcsentatkin that theArchitect has(d)matte wthaw-, anent upum c omp1hricr xith the requirements nts cif the Qmtsas t
tire or contintttatts can-;site inspectitma cc)check the quality or Doenienrnca.
AAA*QCUVIW*141 •OWNtR-AACHI IZCI iGRttaYNcL%-r•t+l Ljrr$LrrM=MOM+a&lS 19#r
3 8141-1967 rtes auMcoN srtsTm-ra car AACHmscrs,1'35 X2W YCaX ayswt.*.:twr..vrasMNcrOK D.C.
Page 11 of 28
• Zi IS The Architect shalt Interpret and dkeide matters con- 3.3.3 Through the observations by such Project Reptes=
centing peddonmtanee of the Owner and Contractor under the tative&the Architect shalt aridervar to provide ltwdw protec
requiremeras of the Contract Documents on writtert request of tion for the Owner aparina deft=*ad est in the'boric,
either the Owner or Contxs,c= The Architect's response to but the ftstrushing of such project representation strait not
such requests shall be made with reasonable promptness and =dtf+r the rights,rrasponsibilities ar obftgations of the Architect
within arty time Umics agreed upon. as described eiscwhere in chis Age r.
7.8.111 -Interptemdorts and decisiorts of the Architect shaft be 3.3 CONt1`tx NtT Af�Dtl"I+i7N1lAst.39F�1/i!
consistent with the intent of and t+eamonabty l�xable Main the
Coxuracr Documents and shall be in wTitir:g or°ns the foram of 3.3.1 Malting t+e+WOM In Dt twitsgss. Vecittcations or other
dtawfngs.Vhm m*ing such interpretations atuf Initial deet- document's west such revisions atm
slots. the Ai chher t shaU endeavor to secure &kthfW pe dosr-
mance by boas Owner mud Contrase ear,shall not show pwdadtsr .1 inconsistent with approvals or h%smu=jrsns previousty
to either.atsd shit not be liable ibr results of interpCetad=or given by the Nance Induding rave iorts made zrecnt-
decbiotrs so tendered in goad Wth. sary by adjustments in the Owner's program or Prod
3.11.17" The Architect's decisions on matters gelating to amthe• ect budget;
tic effect shade be fln2l if=udstent with the intent c gmwed in .3 required by the anactment or revrision of cocies.lacus
the C ntr=Douses, or drys subsequent to the preVarstion of such
3.3.111 The Architect shalt render written decisions within a doct:mentsl or
reasonable time on all claims.disputes or other num=in cues- .3 due to changes required as a result of the Owruar's fait.
tion between.•the Owner and Conteo=r ralatin ,to the ctecu- use:to render decisions!a a etstsr is zxadosnax:
tion or progress of the Worir as provided in the Concract
Documents. 3.3.3 Providing services rerluited because of stmt
3.8.39 The Architect's decisiom on cbinu. disputes or Other changes in the Pro{ect tnrtuding,but run limited at,sire,qual.
r», inducting those in question between the Owner and i'• PL=C"' the Owner's schedule,or the method of bid
toor�ar. +r those rdsr sg m as pea- ' or negotiating and contra far construction,except far
vide d in silapsrsgratrh 2.6.17,shad be subject to arbitration as services required under Sultlaasrasgr sh 5.,.3.
provided in this Agteserstent and in the Contract Documents. 3.3.3 Preparing Drxwings.SpreclAc ttions and other documen-
tatkm and supporting dare,evar uzing Contra=r's proposals.
and providing other services in connection with C'ttange
Aft MLE 3 Orders and Construction Change Directives.
11 �fC7NiA►k,Sal~AN"1 5 3,3.4 Providing services in connection with esaiustingsubs*
tudow proposed by the Contractor and ms king subsequent .
3.1 QEN9RAL revisions to Drawings,Specfl3cations and other documentation
reg therelxam.
3.1,1 The services described lit this Axdefe 3 are not bicluded
In B=ic Services unless so Ide ntiiied in Article 12.and dwy shalt 3.3J Providing consultation concerning red bwement of'W'orlt
be paid for by the Own=as provided in this Agteezttertr, in darreiged by &c or other cause during construction, and fu-
addition to the compensation Sar Bask-Services. The services nishing services required In connection with the went
described ander Paragraphs 33 and 3.4 shaft only be provided of such erorfc
if authorized or continued in w rising by the Owner.If servicer 3.3.g Providing services made neceowy by the deft*of the
described unlet Contingent Additional Services In ftagraph Contractor by major defacot or Arles In the'Worit of the
3.3 ut required clue to circumstances s beyond the Architect's Contractor.or by briture ofperfotxssaness of either the Owner or
control. the Architect shall noW the Owner prior to coats• Contractor under the Contract for C cutructfcuL
me acing such services,If tete Ow-neer decries that such service
did under Paragraph 3.3 are nut required. the Owner 3.3.7 Providing services In evaluauing•an e.:ctatsive number of
shaft Sive prompt written notice to etre Architect.If the Owner clairm submitted by the Cotiu=cr or others in connection
indkzes in writing that art or part of such Contingent Addi ae�fth the Worit.
darzd Serv-ica are nett required.the Architer:t shall have no obli- 3.«3,ix providing services in connection with a public hearing.
gamin to provide those services. arbitmdonedit
p g or legit proceeding recipe where the
3.3 PMJECT ROWUSSITATION BEY ON O 3AM krchiu=Is patty th+e:r:no.
SCER1llC ES 3.3.9 Preparing documents for altanare.sepa or 3cquentW
3..3.1 If more e:tterl ive reps, at the *c than is bids or providing services in connection with bidding.negotty
described In Subparagraph 2.6.5 is required.the:4ichirect shall dot or construction prior to the completion of the Construc.
provide one or more Protect Representatives to assist in - tion Documents Plume
ing out such additional can site responsibilities.
3.3.51: Profax Representatives shall be sciected.enplo�ed and 3.4 OPTIONAL ADt7tTtC3FtAL SMMMS
directed by the A=Wtect.and the Architect A%211 be ccmnpen- 3.4.1 Providing analyses of the Om-ner's needs and program-
sated therefor as agreed by the Ow'ncr and Architect. 'Phe ming the requirements of the Protect.
dutim responsibilities and limitations of authority of Ptuica 3.4.3 Providing&=ictal,feasibility or tether special-studies.
Reprawmarives shall be as described in the edition of vA
Document B.452 current,ire()(the date:orfthis.Agrccmmt.untesss 3.4.3 Providing pianning sttrve:rs. site evateradons or corer
otherwise agreed. parative studies of prtxrpec:tive sifter.
AIA DOCUMAtr In 41 +O .�.`&R4ARCMTt:Y A ►KK.*tT rM MrTtON+MA* +4D 191x:'
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Page 14 of 28
=cape by written wnsent containing a VecMC recce m .Z Teat percent of the total compengalon for&We and -`-"•
this Agreernseru signed by the Ow=.Architect.and any other Additional Services earned to dater if iegininaricn
Person or rfztim sought m be Joined. Consent to ar taction. occanrs during the sign Development Phase;or
involving an additional person or entity shalt not constitute .3 Five PC"=of the notal compensation for MU do and
consent ars arbitration of any crabm dlspure or other rmaater its Additional Services a amed w "care If tenritnation
question riot described to the women Consent or with a person occvn�during any subsequent p
or a lity not netted or deesczib+ed tftretein.The ftmV ing;mere-
man m arbitrate and other 2gte==t5 0 arbitrate uritis an
additional Person or entity duly consented to by the parties to
this Amt shall be specidc any enforceable in accordance AA7't LR 9
With appg=ble lave in any court having jurisdiction t MWELL,Amacus PRovooNs
7:4 The award ted by the arbitrator or arbitrators shaft be 9.2 Unless otherwise ttai.and judgment=v be amaccord with upon it in accorwhit ptovided. this Agrearnnettt shad be Sou
applicable law in any court having Nxiscaction thereof =led by the lavw of the Pmctpxi place of business of the
Art:hltoct.
9.3 Te=s in this Agteern=shall have the=me intaning as
AIMCL9 8 those in AIA Document A201,GencrAl Conditions of the Cots.
tract for Construction.cu=m ass of the CIMIC of tries AW=nt
TERMINAT ICiN, SUSPOMC N OR AgtANCMMENT 9.3 Causes of anion between the
pat7ies to this Agtetneacst
M This Agmvmem tasty be iesrainated by either party upon pig to acts or Wurm to act shalt fie dectned to have
not less shsn seven days'written notice should the other paw accrued and the appiicnbie scaute i of limitations shalt cora»
W substaruially to perfortri in aceaardarnce with rite reams of this Ind=a to run not later than either the gate of Subsrantiai Cogen,
Agro u through no ftuft of the party irdtiming the fim plerion icor acts or Uluret axe act occurring prior to Substandsi
Cotxsptetion.Or the date Of Wtmnm Of the final Cerdi'cnte for
9.3 if the Ftoleacs is suspended by the Owner for nnore than 30 Payment,fear 2= or failures to act Occurring after Substantial
conS=01v'e days. the Architect shad be compensated for ser- Corrie,fedon.
vices petfotaied prior to notice of sucfx suspermon.wherx the
Protect is resumed,the Architect's 9.4 The Owner Orad AzchitCct valve alt rights againstArchitect's conxpon shaall be equi� each
tabiy adjusted to provider for cVatsft incurred In the intentttr other and against the contzr:cmtx, consuitants. apps and
don and resutuption of the Archireet'x services. =Vioy=of the other for datnagees,but only to the c cent coy
Bred by pttaperry insurance during constructfot-4 escegt such
This Weerrsent easy be meted by the: Owrner upon rights as they tznay have to the proceeds of such insurance as set
not less thart seven day's'Written notice to the.&rchoget in the forth In the edidon of AIA Docurnenc.A,)of,CCncr
al COnditiona
event that the Project is pern=endy abandoned.If the Project of the Cot==fbr Construction,current as of the darn of dais
is abandoned by the Owzter for mote than 90 consecutive urine da vs, Agreement.The Owner and krchiter t each shalt MV=sittniiar
the Arcwma may tamunate this Agreament by giving written w%dv=ftm their conuzcmm. corMuitatnts and agents.
9.3 The Owner and Architect, respectively, bines thensse Ives.
8.4 l�Slfure Of the Owner ata make paw to rise Architect in thea partxiers.SUCCASsota, assigns and legal repres res us
accorrdancc with this AgreerMent shag be conn substantial the Other party to this-Agreement and to the Partners.steers.
notspentsrm nnre and Causer for roma kmdm sons,=signs and legal tCst=rnrads-rs of such other party with
6.3 If rhe Owner frits m Make paymetnt when due the.Ostial- rmOeCt to aft ccsvcnarsts of this rAgre=meetnt.Ndther Owner nor
tet~.car services Orad cqxmmes. the Architect may, upon seven AtchiteCt shall asaigxt this igrectnent without the walrus con-
days' written notice to the Owner.suspend performance of se s, sent of the other.
vires under this 3greeme:nt, Unless pavnxnt in 6A to rectdved 9.6 This Veernent represents the entire and integrated agree.
by the Uthitet:t within sem dans of the date of the nock—_the anent between the OWner arnd Architect and supersec cs all
MxPensiion shalt take efta without fssrther notice.in the event prior neWdations. representations of agreements, eid um writ.
of a suspension of srervmm tic:Architect shall have no litability tern Or oral.This Agreerncm may bre arr ended only by written
to the Owner for defer or damage caused the Owner because itnstrunimt signed by both Owner azul Axchim=
of such suspension of services.
9.7 Nsarhirtg contained In this Agreetst shall crL-ate a contrnc-
6.6 In the event of ierminadon not the fault of the Architem tual relationship with or a cause of salon In f%mr Of a third
the Architect shad be compensated for servicers pesfotmcd prior party against either the Owner or architect.
to tetzrimnon.together with Reimbursable P—vpcnsm theta due 9.6 Cnkas otherwise tovitieti in retia.�
and sit T`arninatzon E.�as defined in Paragraph 8.1. F gmvr na tt.the Architect
and:Architect's consultants shall haat a nus tespotisibillr!:for the
&7 Tetrrtm adore Expenses ate ut addition m comp on for discovery.p rw:sence.•hartdllog. rernovsf or dispoxtt of or
Bssfc and Additional Service,anti Inciu+der bermes which are sure of persons to has trdcus m:aterirtils its any form at the Project
dtrmdv attrlbcrctbk to termixratum Termination Expenses shall site. inciudIng but not finnmed m asbestos, asbesms producm
be computed as a per t=xmp of the torsi compen&uon for pohCalodmWed biphenci(PCB)or other tort subsmncm
Smic Servicers and Additiorsai Services Gannett to the rine of
miraarkm.as ibitows. 9.9 The Uc Ute;t shall hate: he right to 6snhade represents.
dons of the design of the projem inchmilrtg photogmphs of the:
.1 'twenty percent of the total corupwAadon for Basic ctterior and interior. anncmg the k=hltees prtiarzotionai and
and Additional Services earned to date if renznination prtsfitssWn2i materials. The Architect's m=—mials shall not
occurs bevft m or during the PredesiSm site anairshs,or 'include the Owners eonddential or proprietary information if
Schematic:Design Phases,or the Owner has previouslyadvised the Architect its smiting of --
AIA OCCUMOM$141 •C)V%*I$-ARL 'rrXC'r.A4RjLwL-C+t�t.'Rr • r!t 6i5tXICiN• 4iis •3"w i5i8:
7 8141-1987 rHsx A. me N L%$TrruTx rsr xACHn°rWm.1-35.-41&W'YOR t xv>car;- .,W..,wAsMororr,D.C..ot"
Page 16 of 28
the specific infonnswn considered by the owner to be mad- 10.3 PAYN1Lri+i'rS ON ACCOUNT OF IIASIC SWWICIM
+ dential or proprietary. The (Owner shall ps^csvfde profeWcrtai 10.3.1 An initial payment as set faith in Paragraph 11.1 is the
cruet a rot the Architect on the 6ratruction sign acid in die pry mulknurn par menu under this Agreement
Motional materials fb r the P tole .
10.31 Submquent payments for Basic Servicer shall be made
monthly and,where applicable, sfuli be in proportion to ser-
vim
ervim performed within each phase of service.on the basis set
ARTICLE 10 forth in Subparagraph 11.2.2.
PAYMENTS TO THE ARCHITECT 10.3.3 1f and to the extent that the time Initlalty established in
101 i *W Z i�E3IStiNN®.�E Sufi 11.5.1 of this Asst is,exceeded or extended
through no fault of the Architect, compensation for any ser-
1W oirect Personnel Expense is defined as the direct vices tendered during the auddltkhrtiati period of tftn+e shad be
saktrks of die Archuect'3. anti engaged on the Project and computed in the mariner set forth In Subparagraph 11.3.2.
the portion of the case of their maridatary and customary can, 10.:1.4 ` ben compensation is based on a percentage of Corr
tributions and benefits related dheret+o, such as employment struction Can and any portions of the Protect are defeteCd or
tasted and other statutory employ" benefits. insurdice. side othem-ise not constructed,compensation for those per of
leave, hoildar-s, vacations, pensions and.simfiar contributions the project shah be M-abk to the extent services are per-
and
erand benefits. formed on those portions,in accordance with the scheme set
forth in Subparagraph 11.2.3.based on(1)the lowest bons fide
10.2 REIMBURSABLE EXPENSES bid or negotiated per•or(2)If no such bid or prod Is
10.2.1 Reimbursable es sae in addition to corn received,the most rust lireelimirmy estimate of Construction
tion frac Basic and Add Services and Include expenses Coax or detthePrd estimate of CtmrtYttveCtion Casts for such porn
incurred by Clic Architect and Architect's etrnpla±mss.and coni tions of the pralcex.
sukants in the interest of the Project.as identified in the follow. 10.4
PAYMENTS ON ACCOUNT OF`ADlif1`tONAL"
hig Clauses. SERVICES
10,.2.1.1 Expense of transportation in connection with the 10.4.1 Payments on account of the Architect's Additional
Project; expenses in connection with aurhorizcd c)nit•of--sawn S+envices and for Reimbursable Expenses shaft be made rrse>rirhly
=vci, fang-distance communications;and fees paidfor secur syn presentation of the Architect's statement of senrkl S ren-
frig approval of authorities having jurisdiction,over the PTOjee+t:t. dered or expenses incurred.
10.3.1.2 Expense of reproductions, ptnstage and handling of 10.5 PAYMENTS WITHHELD
mwinp,5 ns and other documents. See ah:ti l
10. ee
1 sec. or schedule -o reimursab es. 10.5.1 No deductions shall be made frornthe Ucwtcct,3ccorn•
1.3 1f auatiarized in advance by the anter. tprenx o pensation on account of penalty, liquidated damages or other
ovetnnne work mquiring.highemr than regular rates. gums withh eid from pa-menets to contmtors.or on account of
10.2.1.4 Expense of tenderings,models and n xk-ups mquvsted the cast of changes in the Work outer than those br,%ft h the
be the Owner. Architect has been found to be liable.
10.2.1.5 Expense*of additional Insurance coverage or limits. 10.8 ARCWMCTS ACCOUNTttelti RECORDS
indudfng professional liability insurance requested by the 10.8.1 Records of Reirnbursabie P-xpenscs and expetists Per,
owner in P.xcm of that normally carried by the Architect and minirsg to Additional Services and services p+erfonned ort the
Architect's consultants. basis of A,multiple ofDirect Personnel Expertise shall be 2vsif-
10.2.i.8 able to the Owner or the Owner's authorized mpresentadve at.
mutually conivnient times.
ARTICLE 11
BASIS OF COMP04SATION
The Owner shall compensate the Architect as follows:
11.1 AN INITIAL PkYML.'4T of $0.00 (5 4
shall be rande upon a t+smdon of this Agreement and Credited to the Owner's account at final payment.
11.3SASIC COMIPENSATiON
11.2
.I
i.2.1 FOR BASK SERVICES,ES,ass described In Article 2.and any other ser.ices•inciuded in Amide 12 as part of Basic Services.Basic
Compensation shah be computed as follows.
aunt&VM uJ iae*pNnurar W Arks kW Wlpn.dWW sums,Madoma ae nv fAv"MAWAM Sad Ask"HIr pe now to W*h*pwnhv hw,wtav-&of ca-p--"-*ph. sf
u
St 1pu.lat:ed' Sutures (refertuce 23.2.2)
AIA tib wi*i •Cv'r u-.iwmrrzcr xoattsmwT• POLIRTE WTti=not'•mA* •efr191rT
Tirz,►arsstW.AX t..XSTM-M as,+ACHITI rs.1755 MW groats hvMtra.N-'W washtavcroN.D.C.20106 81414 907 S.
3'age 16 o,f.ZS
11.23 Vbere:mmoetestion Is based on a stipulated scans or pes+rentage of CoaattuCdOn COSI.PtogMs paw for Basic Services
in oath phase stun*road the fallowing percenaWs of the total Basic COMPM42tiOct Payable-
(howt artwunwat pamw in+Pl )
Pbvw— $2,430 percent 9 %
)
$7,775 t s %)
construction Documents Pbasea $11,020 percem
t
Didtiing or negotiation Phases $ 1,540 percent( 6 %) .
ConstuctionPhase: $ 4,600 Not to exceed Percent(17%)
Total Epic Compensation: $27,365 one hundred percent(l00%)
11.3 CCkWW4SArAM FOR ADDMOMAt.BaRV1+CF
11.3.1 FOR PROJECT REP9231I TA71d M BEYOND BASIC SERVICES,as described in Paragraph 3.2.compensation snail be cam.
purred as follows: Principal:$90/hr
Senior Staff.$75/hr
Intermediate Staff:$50/fir
Junior Staff:$50/hr
Support Staff:$45/hr
11.3.2 FOR ADDITIONAL SERv'10ES Of THE ARCHITECTI as described in Articles 3 and 12.father than(1)Additional Project
Represen adore. as described in Paragraph 3.2. and(2)services Included in Article 12 as part of Basic Services, but excluding
services of consultants. compensation shalt be computed as Wows:
MOW bails of mdwp#p""Mq.fwdwtlwg.wtw anAhr muMpks to/Dime PfnvNwet OPMA02W Pnwcipab awd itnrpNryees,and is riW#Prrwripats mW dm*#
tawpMrWsat rf rartedlre,t r~'&,qr C#7c.rert4cer to Wekb parrtadar M6060A of rcerptMWde a 0W.V If Mi
11.3.3 FOR ADDITIONAL SERVICES Of CONSULTA?d i S, irvcltitding additional stntctutal. mechank* and electrical engineering
services anti those provided under Subparagraph 3.4.19 or identified in Article 12 as pram of Additional Se vim, a multipie of
title andel ono'/tenth( 1.1 >times the amounts baled w the Architect for such services.
0W_0> "40 ai—#—a fir•vtrr#r t y...tw+we J
11.4 ROMNU RBA
11.k1 FOR REMLI SABLE EXPF,24SES,as described In Paragraph 1+0.21 and any other Items included In Amide la as Reimbursable
L,rpensm a multiple of One and Out Tenth ( .10)•rte
tits Xgpctssex Incurred by the Wit.the Arc's
employees and;o suitants in the interest of the Project.
11.5 ADDITIONAL PROVISIONS
11J.t IF THE BASIC SERVICES covered by this Agreement have not been compieteri within , Eighteen
( 8 )months of the dat a hemof.through no fault of the Ardiitecr.ettension of the Architect's servicm beyond that turn shall be
compensated as provided in Subpiragtaphs 10.3.3 art+d 1143.2.
11.5.3 Parymerus are due and payable i 30 ) clays from the date of the ArrhitMe3 lwvoiM
Amounts unpaid ( 30 )days after the invoke date:snail bear Inter tat then tate entered below,or
In the absence thereof At the legal rate prevafiing,from time to dmr<at the principal place of business of the Architect.
rnrras..twiyLety..eara�pwds+pow.) 1.31/month
funny two Wwroorliwwit.wrlw•4wFWW"att7ram,fietewWNn cies stattirrstrtemrtlrocricorrtr�.►ere�vrttttrtterr++tsrfxMrr�arrbuLittwrrmttttdmArM
IaGr'r pr/wcrpwt p4drvr of am attwo,�crit 4 asrmn of for P►oJrrt m�«r,.tt#rW ..pst Nee tdrlldrrq at I"pratdai+M 4wo to hgtr a*ins maw. br O&A"e,l a"*
- rapwa ro drhaMrxw or 101"we grates.mrd Abu rnYnlr--nowa n"as eerrerwr dbdapfm pr KWkV i.j
Mil cocLI�NAWr s'ta't -ow 4zX•A&Min':CT AG><S M&%T-trouittr4a.''rrtt tRitnct4-mAs •�itSiR
9 1t41-1967 Tt4S A,MICAN IN43 TMITIt OF AaeoeMWT3.1753*41M YORK AVV4UF_' .WAsHINGTOM ti.G ZOWI i
Page 17 of 28
17.3.3 The rrller and muktpks set forth for Additional Services stud be and=dy adtuswd in acordalca with normal nhwy review
pr=d=of the Architect.
X12
OTHER CONDITIONS OR SERVICE
��� 1d++r�•�.SSpuiar lse�arwr Baan tbagowwTtbw orrt�r m t8r p,ryrMrMe r�rws
For Article 12, Reference
Attached Pages.
This Agm=N=entet+ed into zs of day and T=Ant wriu=above.
s
p ARCHITECT
(PMMW mow 4"01*) Director (pr*JAW now MW taw
MA nocumou miss +ora Nmt App Aammuwr+trau rmn'm mxTm•MAO +61W
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Page 19 o,f 28
yn
Lha! REMOWNSABLE MPENSES
Plotting $12.00/sheet(24" x 36")
$r18.001 t(36' x 42")
$2
Faxes .00/fa
Phowcoping $0.10/copy
12.8 ADDMONAL SERVICES
After pitragraph 3.2, add tie following:
3.3 Add>Mttslonal SaTices dmfi iinwlade tete f
3.3.1 Matting revisions to the Drawings, Specifications, or other docunients when such
mvisim are inc onaistent with written approvals or written unctions previously
given by the Owner or Reviewing Agencies and revisions rem by the enac==of
changes m Codes taws or regulations subsequent to the prepares of such ;
and
3.3.2 Any work required of the Architect caused by changes to the design initiated by the
Owner, such as substantial revision to the program or building envelope, to be made to
the documents after the Owner has approved a set of documem ax the end of the
Schematic Resign phase. Architect will not begin the work to accomplish said changes
without the qpmvd of the Owner.
3.3.3 Any work required of the Architect caused by°changes to the design initiated by the
Owner, such as substantial revisions to the Proles. burg Pte, envelope, or
systems, to be Made to the documents after the Owner has. approved a set of
documents at the end of the Design Development phase. The'Architect will not begin
work to accomplish said changes without the approval of the Owner.
3.3.4 3f the scope of the work changes either to increase or decrease the project, this contract
will be revised to match the new scope of work.
3.3.3 If, aJir slue diligence to remain within costs during design by the A/E team aaod after
cost eati mating efibrm by the Contractor and value-engincering eflbrts by the A/fi team
In response to cost estimates during Schematic Design, De3ign Development and
Construction Documents, the project's coasts are substantially above the expected
budget because of the inflationary bidding cholate, the Architect shalt receive
compensation for extraordinary services during Bidding mut Negotiation and/or
Construction Admkistration related to continued eff=to lower the construction
costs.
3.3.61 Preparing Drawings, Specifications and suRmung data in connectm with Change
Orden. Provided such Claw Orders are required by the Owner, Contractor or
Reviewing Agencies and provided such Change Orders arc not due to flaws in tic
design or in the ccmastrun dam:.
12
Page 20 of 28
119 CHANGES DUMNG CONSTRUCT14DN ADMINI3T'RA170N
During Cion. straauan,any changes to the design requested by the Contractor, Owner or
Regulatory Agencies from what is depicted ire the drawings and specifications(indudes at trades)must be
reviewed and approved by the Architem amd Owner's representative. In the absence,of facwo-ft=meedugs,
discussions about requested changes will be facilitatedby fax, rode calls, e-maior modemas nded.
Standard ALA ftrma will be used fbr Requests forLiLLV on, CI=V Orden, SupplemenwT=Uww ,
Construction Change Directives. All Changes to the drawings or q xdficstions by the Contractor shall be
recorded by the Contractor on these forms for approval by Owner and.Arclt�
12.111 INSURANCE
The Architect will carry a One Million Dollar($1,000,000)Professional I.iabllity hoursnce,Policy for emeses and
omissions. This insurance shalt be kept in force through the construction of the project and for a period of 3
years after completion.
12.11 LENDER REQUIRENWNTS
The Architect agrees to cooperate with the Owner, Owner's lenders and investor by Ming such tents
and cmfMcattans as are rile and necessary for the Owner to obtain fman+cin for the Project.
End of Article 12
13
Page 21 of 28
Ir
1k 11 ORA►ltilDUM Of UNDERSTANDING � ^.'"�
SIT Archite�Benrvie ass �.g
This Memorandum ofUnderstanding is entered into as of June JA, 1999 by and
Centra Coasts County,a subdivision of the State of Califaia,and Eden
California nonprofit public benefit �,Inc.tal Z7/*
A. Eden Housing,L=("Edea")is a nonprofit housing developer whose purpose is to develop and
manage affordable housing,and link residents to supportive se rvicaL
B. The Contra Costa County Services Ia ("COUNTY")is administered by the
Office of the County Administrator and involves the collaboration of the County Departments
of Health Services,Probation and Social.Services. COUNTY Vers employment couwW ng ,
and workshops,Medi Cal,foudstamnp and public assistance edibilitychild
Protective sues, �c►juee probation,children's mental health gservices
and some
lac
health nursing and subsstane abuse counseling services.
C. COUNTY intends to lease app tod—ln ly 5,225 square feet of space*om the North
Richmond Commercial Development,Inc.,a California nonprofit public:benefit corporation
and owner of the North Ricbmand Commercial Center('°`Centel.
D. Pursuant to a S.H. Cowell Foundation award letter dated May 13, 1999,Eden Housing,Inc,
has been awarded a grant of$300,000("Grant Funde),a portion of which is to be allocated
to COUNTY to cover casts of their tenant improvements,&rnishinggs.and relocation to the
North Richmond CommsierVW Center.
K COUNTY has requested that.Eden undertake on its behalf,the task of building out tenant
improvements for the space to be occupied by COUNTY at the Center,with the
understaanzling that COUNTY shalt be responsible Bible for design and construction-related costs.
COUNTY and Eden acknowledge that the medumism fear payment of these costar is
contemplated by a separate development services agreement;however,to move forward with
design services,this MOU addresses payment of expenses enses incurred under the ar+chiteces
contract for COUNWs tenant im ts.
NOW,THEREFORE,in consideration of the mutual covenants set iiencth below,and other
valuable tion,the receipt and sufficiency of which is hereby acknowledged,the parties
agree as follows:
1. Arddt2ctwW Work, COUNTY and Eden hereby ac wwledgea that Eden will enter
into a contract for arcltitectursl.'servicess with pyatok Associates for the waprlr described in the Scope
Of work and fees Proposal("Scope")Prepared by Pyatok Associates darted February 4,1999(Mchibit A)
attached hereto.
COUNTY acknowledges that work,in the amount of$2,430 has been,incurred for work done
to date on a Conceptual Plan,and further,that a portio of Design Development',phase work has
been incurred in the amount of$2,291.25. COUNTY farther acknowledges that total bahmus of
$4,72x.25 has been paid by Eden's affiliate,North Richmond Commercial Development,Inc.,owner
of the Center Upon execution of this MOU,COUNTY requests Eden,to release grant Funds in they
amount of$4,721.25 to North Richmond Commercial Development,Inc.,reflecting the total paid to
Pstok Associates for work performed under the Scope.
COUNTY shall approve the Conceptual Plan and Demon Development plum in writing
Upon c ample ton of Construction Documents pb ase,COUNTY shell approve plans and spGus
in writing.
Eden and COUNTY agree that any es
requested by COUNTY may result in
axiditional • by Pyatok,Associates,or other such cost overruns,and COUNTY agrees that such
costs shall be payable by the County. Eden willl not maw or cause to be mad e any changes in said
plans or specifications withom the prier written cacnnimut of COUNTY.
l
Page 22of28
.In light of the wessing schedule and the need to move forward on design,for COUN ra
tenant improvements bemire an agreement for developnment sus can be established,COUNTY
also agrees to refit release of Grant Funds for work perfimmwd under the Scope as costs are
incrmro& Should there be any used to stop design work und the Scope,COLIN'T'y will issue this
request in writing pursuant to Section 3 hwein. COUNTY ackaowie wa that it will be respmasible
for costs incurred to that point and will authorize request release of Grant Funds to cover,such costa.
2. . Eden agress to dafend,indemnify and hold harmless COUNTY frarn
Ede's share of any and all dafina assts and liability,arising out of neeigent acts or vwMfW
znisc adduct of Edea,its afters,agents or employees. COUNTY agrees to dehnd,indetmnffq and
hold harmless Eden from COLTNTY's share of any and all claims,costs and liability,arising out of
no4figent acts or wMfbl misconduct of COUNTY,its ,agents or employees.,Both parties also
agree that COUNTY shallreimburse Eden for any COUNTY approved costs incurxed by Eden which
are deemed ineligibk grant expenditures by the S.H. Cowell Foundation. In the went of f mud,
negligence or intentional misrepresentation by COUNTY,Eden,in its sole discretion,may return
COUNTrs unexpended Grant Funds to the S.H. Cowell Foundation.
Neither Edea nor COUNTY shall be pm=molly liable to any other person or entity by reason
of the actions of Eden or COUNTY,except in the case of fraud,grow negligence intentional
misrepresentation or violation of any material term of this MDU or applicable laws. Nothing in this
MOU shall be construed to make either party the agent ofthe other party.
3. Tumblatim. Either party may terminate this MOLT upon five(s)days written notice
to the other party,Pursuant to Section 6 contained herein. Upon termination, any unused Grant
Funds shad be returned to the S.H. Cowell Foundation.
4. &W. This MOU shall be wed by the laws of the Stated CaNfornis-
5. Amadamt This MOU may be modified at any time by the mutual consent of Eden
and COUNT'`. No amendment to this MOU shell be effective unless it is made in writing and signed
by all parties. Any portion of this MOU which is not specifically amended shall remain unchanged.
6. Hadcas. Either party may Sive nom to the other party by facsimihe transmission
with a con&T=tion telephonecam,first class mail 'postage prepaid,personal del verb or express
delivery by a delivery service mwh as Federal,Express. Notice shall be deemed�►cxoz tplished upon
receipt,provided„however,that notice given by fiat class mail shall be deemed received two(2)days
after deposit in the U.9.mail,ffrat class postage prepaid to addresses set forth below:
Edea Housing,Inc.
409 Jack Street
Hayward,CA 94545
Attu:eve,Director
Contra Costa County
Office of the County Administrator:
Services Integration Program.
661 Pine Street,10*Floor
.Martinez, CA 94663
Atbr SIT Progrann Manager
2
Page 23 of 28
IN WITNESS WHE MOF,the parties have executed this MCU as of the date first written above.
F EN Cx,INC.,a nonpradt public
t 'on
Cate A kwmW
Executive Director
CONTRA,COSTA COUNTY,at political subdivision of
the State of California
para
Senior DeputyCountlAdministratar
Atte:
ExhAit A. Pyatok Associates Scope of Work
n;rrr«�aar�r rnenr,.etrr t�oo�.ao�
Page.24'of.28
February 4, 1999
TO: Marian Gushiken,North Richmond Commercial Development,Inc.
FROM: Michael Pyatok FAIR
RE: Scope of Work and Fee Proposal for tenant improvements,related to SIT space
in the North Richmond Commercial Building
1. Conceptual Plan/ Initial Meetings (Completed, and fully 5243e.
invoiced) (100% invoiced)
A) Meet with Eden/SIT/County
B) Prepare sketches
C) Meet with Sit Stag
D). Revise Plans per comments
2. Design Developinent: reline the Concept Design plan. 56,175.
A) prepare an accurately dimensioned plan at 1/4"= V-0" ($2,291.25
B) identify needs. with SIT for all built-in cabinets, shelves, or invoiced to date)
other specialty items in the conference room,employee kitchen, 8 hours
storage room,nurse's room,receptionist area,community closet, 4 hours
lobby, jobs center, toilets.
C) choose materials for specialty rooms such as conference room, 4 hours
employee kitchen, storage room, nurse's room, receptionist,
community closet,lobby, jobs center, toilets.
D) prepare interior elevations of all major rooms, including 36 hours
conferenceroom,employee kitchen,storage room,nurse's room,
receptionist, community closet, lobby, jobs center, toilets.
E) prepare outline specifications 12 hours
F) 3 meetings SITIEDEN 9 hotirs
G) coordinate with mechanical and electrical engineers 8 hours
PI)coordinate with Building Department and Fire Marshall for any 6 hours
special conditions or requirements
I) general administration 8 >
95hrs x$65/hr.
3. Construction Documents. $7,020.
A) prepare reflected ceiling plan, locating lighting, mechanical' 8 hours
vents, sprinklers heads.
B) coordinate with the plans and specs by electrical and mechanical 24 hours
engineers.
C) prepare appropriate details for wall sections, interior doors and 12 hours
windows,cabinets,shelving and any specialty items
D) fully note all plans, elevations and details 24 hours
1620
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Page 25 of 28
E) prepare schedules for lighting and plumbing fixtures, doers, 12 hours
windows,hardware
F)choose colors with SIVEDEN-for carpeting,vinyl flooring,built- 8 hours
in cabinets and counters, wall paint, base boards and other
specialty items
G)prepare final specifications 12 hours
H) general administration, including pen-nit submittal 8 hours
108 his x$65/hr
4. Bidding and Negotiation. $1,540.
A) coordinate with contractor, review cost estimates at the end of 12 hours
CD.Changes required by contractor would be done at an hourly
basis per our fee schedule
B) Submittal to the Building Department and revisions required by 10 hours
Building Department will be done at an Dourly basis per our fee 22 hrs/$70
schedule.
5. Constructibn Administration $3600.
A) remain on-call for questions by contractor not-to-exceed
B)visit site.once every weeks or as needed. 3 mos:12 weeks x
4 hrslwk=48 hrs,
billed hourly
SUMMARY: Total fixed architectural = $14,735. W, W-' A
Billed hourly, not4o-exceed = $ 3,600.
Mechanical Engineering = $ 3,000.
Electrical Engineering $ 3,300.
Landscape Architect $300.
See also the attached scope of work. If this price is agreeable please sign
below and return via fast. We will put together a Professional Services
Supplement agreement form(AI.A G604)for the work and send it for your.
approval within a couple days after receiving the approved proposal.
North Richmond Commercial Development. Inc.
Marian Gushiken Bate
N.APwj=ftWRlch—cm 7 fb&LPW.wpd
Page 26 o,f`28
Services Integration'Team(SM
Scope of Nock for Architectural Services August 13, 1998
1. 4,958 s.f. shell space to be improved for pre-. determined ed tenant. Construction to
include 4 restrooms, 6 private offices, kitchenflounge, administration offices,
telephone and data communication roams,janitor closet,conference room, etc. as
shown on attached plan. Services shall include the design and specification of floor,
wall and ceiling finishes, signage, and electrical and plumbing fixtures and
accessories. This plan will be the starting paint for the design development phase.
2. The ceiling will be a suspended T-bar ceiling with the HVAC and general lighting
integrated in the ceiling.
3. Extension of existing 400A service to include subpanel. Telephone backboard in.closet
with conduit run to building Electrical Room. Electrical outlets and switching to
private offices and other finished walls. Empty conduit will be provided to finished
wall for data and communication system to be done by others. Empty conduit for
power and communication will be provided above the ceiling for the open office
spaces to allow for extension to partitions to be done by ethers.
4. The mechanical system will be designed to provide HVAC service to the open spaces
and the private offices. This will consist of(4)4-ton roof mounted package,units,
electrical thermostats, supply and return grilles,etc. These will be provided throughout
the space to provide a well balanced system. We will need to know of any special
HVAC needs before the Construction Drawing phase begins. Any special HVAC
requirements shall result in a change of scope.
5. Extension, as necessary, of the sanitary sewer system to provide service to the
bathrooms and kitchen.
6. Extension,as necessary, of the plumbing system to provide service to the bathrooms
and kitchen. Individual flow meters will be provided to the space with signal wiring
back to a common digital readout in the building Electrical Room.
7. Extension of'fire sprinkler system to below the suspended T-bar systemas required by
the County Fire Protection Agency. Eire extinguishers will be provided for as required
by the County Fire Protection Agency.
8. The specifications will be written in the same format as the other portions of the
project(building shell,parking lot, etc.). Any special formatting requirements will
need to be outlined prier to the Construction Document phase. Any special
requirements will result in a'change of scope.
Page 27 of 28
7
9. The design of moveable partitions or other modular office equipment or furnrishings
will be by others. Pyatok to ' vide plans.
I O.The data system, security alarm system and communication system will be provided
by tenant, conduit by Owner as required.
I I.Any changes required to the building shell should be done before the bid for the shell,
is awarded or will result in change orders with the additional construction costs and
A/E fees.
I2.Design of irrigation system; planting and paving in Patio.
END OF SCOPE OF WOE
Page 28 of 28
SIT C
FZE SCHEDULE
I. Payment upon execution of Memorandum of Understanding for
Development and Construction Management Services for SIT Tenant $11,681
Improvements
II. Payment upon start of construction of tenant improvements $11681
III. Payment upon riling of Notice of Completion $11,681
Total $35,043
ZXZ:UBM'D Page 1 of 2
COMMITMENT TO NORTH RICHMOND EMPLOYMENT
STATEMENT OF UNDERSTANDING
FIRST SOURCE MIRING AGREEMENT
North Richmond Commercial Development, Inc. (the"Developer"),a joint venture,nonprofit
development company,has secured proper planning approvals and permits to construct a new
Commercial Center(the "Center")in the North Richmond Redevelopment Project Area.
The County Redevelopment Agency has provided financial assistance to North Richmond Commercial
Development,Inc. for the acquisition and construction of the Center. As a result,the Developer has
entered into a Disposition,Development and Loan Agreement(the"DDLA")with the County
Redevelopment Agency. Section 5.10,Hiring Requirements, of the DDLA requires the Developer to
enter into this first source hiring agreement with the County and:
Require all contractors and tenants to enter into a first source hiring agreement,
applying.to all construction, permanent, temporary and seasonal jobs associated
with construction, operation, management and occupancy of the Center by the
Developer and Center tenants. Developer must maintain documentationof its
compliance with the requirements of the hiring requirements, which most be
made available to the Agency upon request.
In recognition of the County of Contra Costa's commitment to expand employment opportunities for
North Richmond residents:
1. North Richmond Commercial Development,Inc. agrees to first source all its immediate and
future employment opportunities with Rubicon Programs,Inc. and the County Private Industry
Council. However, if employment opportunities cannot be filled by unincorporated North
Richmond residents, secondary priority shall be neighboring unincorporated communities,City of
Richmond, and City of San Pablo residents.
2. North Richmond Commercial Development, Inc. agrees to both insert and discuss with
contractors and lessees,the first source hiring requirements into all contracts, subcontracts and
leases entered into for construction and occupancy of the Center.
3. North Richmond Commercial Development,Inc. agrees to provide Rubicon and the County
Private Industry Council with a general description and minimum requirements of the position(s),
in writing,and request Rubicon Programs,Inc.and the County Private Industry Council refer
qualified applicants for the position(s).
4. North Richmond Commercial Development,Inc. will support and assist Rubicon Programs,Inc.
and the County Private Industry Council in developing valid training programs,if necessary, for
the preparation of local employment into the available positions.
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Page 2 of 2
5, North Richmond Commercial Development,Inc.agrees to refrain from any,general
announcement or advertisement of temporary or construction-related employment opportunities
for a period of four(4)hours after notification to Rubicon Programs,Inc. and the County Private
Industry Council.
6. North Richmond Commercial Development,Inc.agrees to refrain from any general
announcement or advertisement of permanent employment opportunities for a period of fifteen
(15)business days after notification to Rubicon Programs,Inc.and the Council Private Industry
Council.
By: Date:
Catherine A.Merschel,Co-Executive Director
North Richmond Commercial Development,Inc.
By: Date:
Donald Gilmore,Co-Executive Director
North Richmond Commercial Development,Inc.
By: Date:
Jim Kennedy, Deputy Director-Redevelopment, County of Contra Costa
By: Date:
Rick Aubrey,Executive Director,Rubicon Programs,Inc.
By: Date:
Arthur Miner, Executive Director,County Private Industry Council
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