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HomeMy WebLinkAboutMINUTES - 02122008 - C.3 A& ' e13 HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA TO: BOARD OF COMMISSIONERS FROM: Joseph Villarreal, Executive Director DATE: February 12, 2008 SUBJECT: ARCHITECTURAL CONTRACT FOR LOS ARBOLES MODERNIZATION - CA011008, OAKLEY, CALIFORNIA, TO H&Y ARCHITECTS, INC. IN THE AMOUNT OF $145,150. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: 1. APPROVE an architectural contract in the amount of $145,150 with H&Y Architects, Inc. (H&Y) to provide architectural and engineering services for the Los Arboles Public Housing Modernization Project, CA011008, Oakley; and 2. AUTHORIZE the Executive Director of the Housing Authority to execute the contract with H&Y. ll. FINANCIAL IMPACT: This contract is funded by HUD's Capital Fund Program (CFP). There are no County general funds involved in the funding of this contract. The amount of the contract is within the amounts budgeted. III. REASONS FOR RECOMMENDATIONS/BACKGROUND: The contract scope of work includes design and construction document preparation for an interior and exterior modernization of the 30 unit family development. Select interior finishes will be replaced, and minor exterior renovations will allow the units to be occupied for the foreseeable future. H&Y was selected through a competitive qualifications-based selection process. Statements of Qualifications ("SOQ") were requested, and two SOQs were received. A selection committee conducted an evaluation and ranking of the firms. As a result of the selection committee's evaluation, H&Y was ranked the highest and contract terms were successfully negotiated. CONTINUED ON ATTACHMENT: _ YES SIGNATURE Joseph Villarreal,Executive Director RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON rLlQl^ Z- S APPROVED AS RECOMMENDED OCHER VOTE OF COMMISSIONERS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF COMMISSIONERS ON THE DATE SHOWN. ATTESTED JOSEPH VjYLARREAL, SECRETARY Cc: CAO Office OF THE BOARD OF COMMISSIONERS County Counsel AND EXECUTIVE DIRECTOR l BY ; DEPUTY H:\JudyHayes\MSOFFICE\WINWORD\BOARD\BO-Los Arboles Modernization Project.doc W. CONSEQUENCES OF NEGATIVE ACTION: Should the Board of Commissioners elect not to award the contract to H&Y, the Housing Authority will likely experience scheduling delays, which would jeopardize funding allocated to the project. s8admin U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB Approval No. 2577-0157 (exp.3/31/2010) Model Form of Agreement Between Owner and Design Professional form HUD-51915(9/98) Previous editions are obsolete ref. Handbooks 7417.1,7450.1 &7460.8 Model Form of Agreement U.S. Department of Housing OMB Approval No.2577-0157 and Urban Development (exp. 3/31/2010) Between Owner and Office of Public and Indian Housing Design Professional Public reporting burden for this collection of information is estimated to average 3 hours per response,including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. This agency may not conduct or sponsor,and a person is not required to respond to,a collection of information unless that collecton displays a valid OMB control number. These contracts between a HUD grantee(housing agency(HA))and an architect/engineer(A/E)for design and construction services do not require either party to submit any materials to HUD. The forms provide a contractual agreement for the services to be provided by the A/E and establishes responsibilities of both parties pursuant to the contract. The regulatory authority is 24 CFR 85.36. These contractual agreements are required by Federal law or regulation pursuant to 24 CFR Part 85.36. Signing of the contracts is required to obtain or retain benefits. The contracts do not lend themselves to confidentiality. Table of Contents Page Introduction 3 Article A: Services 4 A. 1.0 Design Professional's Basic Services 4 A. 1.1 Areas of Professional's Basic Services 4 A. 1.2 Phases and Descriptions of Basic Services 4 A. 1.2.1 Schematic Design/Preliminary Study Phase 4 A. 1.2.2 Design Development Phase 4 A. 1.2.3 Bidding, Construction and Contract Document Phase 4 A. 1.2.4 Bidding and Award Phase 4 A. 1.2.5 Construction Phase 5 A. 1.2.6 Post Completion/Warranty Phase 5 A. 1.3 Time of Performance 5 A. 2.0 Design Professional's Additional Services 5 A. 2.1 Description of Additional Services 5 A. 2.2 Written Addendum or Contract Amendment 5 Article B: Compensation and Payment 6 B. 1.0 Basic Services 6 B. 1.1 Fixed Fee for Basic Services 6 B. 1.2 Payment Schedule 6 B. 2.0 Reimbursables 6 B. 2.1 Reimbursable Expenses 6 B.2.1.1 Travel Costs 6 B.2.1.2 Long-Distance Telephone Costs 6 B.2.1.3 Delivery Costs 6 B.2.1.4 Reproduction Costs 6 B. 2.1.5 Additional Reimbursables 6 B. 3.0 Additional Services 6 B. 3.1 Payment for Additional Services 6 B. 4.0 Invoicing and Payments 6 B.4.1 Invoices 6 B. 4.2 Time of Payment 6 Article C: Responsibilities 6 C. 1.0 Design Professional's Responsibilities 6 C. 1.1 Basic Services 6 C. 1.2 Additional Services 6 C. 1.3 General Responsibilities 6 C. 1.4 Designing within Funding Limitations 7 C. 1.5 Compliance with Laws, Codes,Ordinances and Regulations 7 C. 1.6 Seal 7 C. 1.7 Attendance at Conferences 7 C. 2.0 Owner's Responsibilities 7 C.2.1 Information 7 C.2.2 Notice of Defects 7 C. 2.3 Contract Officer 7 form HUD-51915(9/98) Previous editions are obsolete Page 1 of 11 ref. Handbooks 7417.1,7450.1 &7460.8 C. 2.4 Duties to Furnish 7 C.2.4.1 Survey and Property Restrictions 7 C.2.4.2 Existing Conditions 7 C.2.4.3Waivers 7 C.2.4.4 Minimum Wage Rates 7 C. 2.4.5 Tests 7 C. 2.4.6 Contract Terms 7 Article D: Contract Administration 8 D. 1.0 Prohibition of Assignment 8 D. 1.1 Ownership of Documents 8 D. 1.2 Substitutions 8 D. 1.3 Suspension 8 D. 1.4 Subcontracts 8 D. 1.5 Disputes 8 D. 1.6 Terminations 8 D. 1.7 Insurance 8 D. 1.8 Retention of Rights 8 Article E: Additional Requirements 8 E. 1.0 Contract Provisions Required by Federal Law or Owner Contract with the U.S. Department of Housing and Urban Development 8 E. 1.1 Contract Adjustments 8 E. 1.2 Additional Services 9 E. 1.3 Restrictive Drawings and Specifications 9 E. 1.4 Design Certification 9 E. 1.5 Retention and Inspection of Records 9 E. 1.6 Copyrights and Rights in Data 9 E. 1.7 Conflicts of Interest 9 E. 1.8 Disputes 9 E. 1.9 Termination 9 E. 1.10 Interest of Members of Congress 9 E. 1.11 Limitation of Payments to Influence Certain Federal Transactions 10 E. 1.12 Employment,Training and Contracting Opportunities for Low income Persons, Section 3, HUD Act of 1968 10 E. 1.13 Reserved 10 E. 1.14 Clean Air and Water(Applicable to Contracts in excess of$100,000) 11 E. 1.15 Energy Efficiency 11 E. 1.16 Prevailing Wages 11 E. 1.17 Non-applicability of Fair Housing Requirements in Indian Housing Authority Contracts 11 E. 1.18 Prohibition Against Liens 11 Article F: Other Requirements (If any) 11 Execution of Agreement 11 Addendum (If any) 1 form HUD-51915(9/98) Previous editions are obsolete Page 2 of 11 ref. Handbooks 7417.1,7450.1 &7460.8 Introduction to Agreement Agreement made as of the 14th day of February in the year (My) of 2008 Between the Owner (name&Address) Housing Authority of the County of Contra Costa P.O. Box 2759 3133 Estudillo Street Martinez, CA 94553 and the Design Professional (Name,Address and Discipline) H & Y Architects, Inc. 1320 Arnold DRive, Suite 266 Martinez, CA 94553 For the following Project(Include detailed description of Project,Location,Address,Scope and Program Designation) Los Arboles Public Housing Development, Oakley. Architectural services, including Schematic Design, Contract Document Preparation, Bidding and Construction Phases. Work is described in the proposal by H & Y Architects, Inc. , dated 10/10/2007. The Owner and Design Professional agree as set forth below. form HUD-51915(9/98) Previous editions are obsolete Page 3 of 11 ref.Handbooks 7417.1,7450.1 &7460.8 Article A: Services A 1.0 Design Professional's Basic Services o Drawings sufficient to fix and illustrate project scope and A. 1.1 Areas of Professional's Basic Services. Unless revised in character in all essential design elements a written addendum or amendment to this Agreement, in plan- o Outline specifications ning,designing and administering construction or rehabilitation o Cost estimates and analysis of the Project, the Design Professional shall provide the Owner o Recommendations for phasing of construction with professional services in the following areas: o Architecture o Site plan(s) o Site Planning o Landscape plan o Structural Engineering o Floor plans o Mechanical Engineering o Elevations,building and wall sections o Electrical Engineering o Updated three dimensional line drawings o Civil Engineering o Engineering drawings o Landscape Architecture o Cost Estimating A. 1.2.3 Bidding, Construction and Contract Document Phase. After receipt of the Owner's written approval of Design Develop- • Construction Contract Administration ment Documents, the Design Professional shall prepare Con- struction Documents. After consultation with the Owner and A 1.2 Phases and Descriptions of Basic Services. Owner's attorney,if requested by the owner,the Design Profes- A.1.2.1 Schematic Design/Preliminary Study Phase. After re- sional shall also prepare and assemble all bidding and contract ceipt of a Notice to Proceed from the Owner,the Design Profes- documents. The Design Professional shall revise these Bidding, sional shall prepare and deliver Schematic Design/Preliminary Construction and Contract documents consistent with the re- Study Documents. These documents shall consist of a presenta- quirements and criteria established by the Owner to secure the tion of the complete concept of the Project, including all major Owner's written approval. They shall, include in a detailed, elements of the building(s), and site design(s), planned to pro- manner all work to be performed; all material; workmanship; mote economy both in construction and in administration and to finishes and equipment required for the architectural,structural, comply with current program and cost limitations. The Design mechanical,electrical,and site work; survey maps furnished by Professional shall revise these documents consistent with the Owner; and direct reproduction of any logs and subsurface soil requirements and criteria established by the Owner to secure the investigations. These documents shall include: Owner's written approval. Additionally,the Design Professional o Solicitation for Bids shall make an independent assessment of the accuracy of the o Form of Contract information provided by the Owner concerning existing condi- o Special Conditions tions. Documents in this phase shall include: o General Conditions o Site plan(s) o Technical Specifications o Schedule of building types,unit distribution and bedroom o Plans and drawings count o Scale plan of all buildings,and typical dwelling units o Updated cost estimates o Wall sections and elevations o Outline specifications A. 1.2.4 Bidding and Award Phase. After written approval of Bidding,Construction and Contract Documents from the Owner, o Preliminary construction cost estimates the Design Professional shall assist in administering the bidding o Project specific analysis of codes,ordinances and regulations and award of the Construction Contract. This shall include: o Three dimensional line drawings o Responding to inquires o Drafting and issuing addendum approved by Owner A. 1.2.2 Design Development Phase. After receipt of written o Attending prebid conference(s) approval of Schematic Design/Preliminary Study Documents,the o Attending public bid openings Design Professional shall prepare and submit to the Owner De- o Reviewing and tabulating bids sign Development Documents. The Design Professional shall revise these documents consistent with the requirements and o Recommending list of eligible bids criteria established by the Owner to secure the Owner's written o Recommending award approval. These documents shall include the following: o Altering drawings and specifications as often as required to award within the Estimated Construction Contract Cost form HUD-51915(9/98) Previous editions are obsolete Page 4 of 11 ref. Handbooks 7417.1,7450.1 &7460.8 A. 1.2.5 Construction Phase. After execution of the Construction A.1.2.6 Post Completion/Warranty Phase. After execution of the Contract, the Design Professional shall in a prompt and timely Certificate of Completion by the Owner,the Design Professional manner administer the Construction Contract and all work re- shall: quired by the Bidding, Construction and Contract Documents. o Consult with and make recommendations to Owner during The Design Professional shall endeavor to protect the Owner warranties regarding construction, and equipment war- against defects and deficiencies in the execution and performance ranties. of the work. The Design Professional shall: o Perform an inspection of construction work, material, o Administer the Construction Contract. systems and equipment no earlier than nine months and no o Conduct pre-construction conference and attend dispute later than ten months after completion of the construction resolution conferences and other meetings when requested contract and make a written report to the Owner. At the by the Owner. Owner's request, and by Amendment to the Additional o Review and approve contractor's shop drawings and other Services section of this contract,conduct additional war- submittals for conformance to the requirements of the ranty inspections as Additional Services. contract documents. o Advise and assist Owner in construction matters for a o At the Owner's written request,and as Additional Service, period up to eighteen months after completion of the procure testing from qualified parties. project,but such assistance is not to exceed forty hours of o Monitor the quality and progress of the work and furnish service and one nonwarranty trip away from the place of a written field report F—I weekly, 0 semi monthly, business of the Design Professional. monthly, or 0 . This service shall be limited to a period amounting to 110%of A.1.3 Time of Performance. The Design Professional's sched- the construction period as originally established under the ule for preparing,delivering and obtaining Owner's approval for construction contract unless construction has been delayed Basic Services shall be as follows: due to the Design professional's failure to properly perform o Schematic Design/Preliminary Study Documents within its duties and responsibilities. The Owner may direct addi- 60 calendar days for the date of the receipt of a tional monitoring but only as Additional Services. Notice to Proceed. o Require any sub-consultant to provide the services listed o Design Development Documents within N/A calendar in this section where and as applicable and to visit the days from the date of receipt of written approval by the Project during the time that construction is occurring on Owner of Schematic Design/Preliminary Study documents. the portion of the work related to its discipline and report o Bidding, Construction and Contract Documents within in writing to the Design Professional. 120 calendar days from the date of receipt of written o Review, approve and submit to Owner the Contractor approval by the Owner of Design Development Docu- Requests for Payment. ments. o Conduct all job meetings and record action in a set of minutes which are to be provided to the Owner. A.2.0 Design Professional's Additional Services o Make modifications to Construction Contract Documents A.2.1 Description of Additional Services. Additional Services to correct errors,clarify intent or to accommodate change are all those services provided by the Design Professional on the orders. Project for the Owner that are not defined as Basic Services in o Make recommendations to Owner for solutions to special Article A,Section 1.2 or otherwise required to be performed by problems or changes necessitated by conditions encoun- the Design Professional under this Agreement. They include tered in the course of construction. major revisions in the scope of work of previously approved o Promptly notify Owner in writing of any defects or defi- drawings, specifications and other documents due to causes ciencies in the work or of any matter of dispute with the beyond the control of the Design Professional and not due to any Contractor. errors,omissions,or failures on the part of the Design Professional o Negotiate,prepare cost or price analysis for and counter- to carry out obligations otherwise set out in this Agreement. sign change orders. A.2.2 Written Addendum or Contract Amendment. All addi- o Prepare written punch list,certificates of completion and tional services not already expressly required by this agreement other necessary construction close out documents. shall be agreed to through either a written addendum or amend- • Prepare a set of reproducible record prints of Drawings ment to this Agreement. showing significant changes in the work made during construction,including the locations of underground utili- Article B: Compensation and Payment ties and appurtenances referenced to permanent surface B. 1.0 Basic Services improvements,based on marked-up prints,drawings and B. 1.1 Fixed Fee for Basic Services. The Owner will pay the other data furnished by the contractor to the Design Pro- Design Professional for Basic Services performed as defined by fessional. A.1.2,a Fixed Fee(stipulated sum)of$ 14.150.00 plus Reimbursable Expenses identified in Article B.2.0. Such form HUD-51915(9/98) Previous editions are obsolete Page 5 of 11 ref.Handbooks 7417.1,7450.1 &7460.8 payment shall be compensation for all Basic Services required, maximum amount;each such amendment or addendum shall also performed,or accepted under this Contract. provide for a method of payment, including, at a minimum, B. 1.2 Payment Schedule. Progress payments for Basic Services Whether payment will be made in partial payments or in lump sum for each phase of work shall be made in proportion to services and whether it will be based upon percentage of completion or performed as follows: services billed for. Phase Amount B.4.0 Invoicing and Payments Schematic Design/Preliminary Study Phase $ 25,650-00 B.4.1 Invoices. All payments shall require a written invoice from the Design Professional. Invoices shall be made no more Design Development Phase $ N/A frequently than on a monthly basis. Payments for Basic Services Bidding,Construction&Contract Document Phase $ 82,100.00 shall be in proportion to services completed within each phase of work. When requesting such payment,the invoice shall identify Bidding&Award Phase $ 5,400.0 the phase and the portion completed. All invoices shall state the Construction Phase $ 32,000.00 Agreement,name and address to which payment shall be made, the services completed and the dates of completion,and whether Post Completion/Warranty Phase $ N/A the invoice requests payment for Basic Services,Reimbursable or Total Basic Services $ 14.150.00 Additional Services. Invoices seeking payment for Reimbursable or Additional Services must provide detailed documentation. B.4.2 Time of Payment. Upon the Design Professional's proper B.2.0 Reimbursables submission of invoices for work performed or reimbursable B. 2.1 Reimbursable Expenses. The Owner will pay the Design expenses,the Owner shall review and,if the work is in conform- Professional for the Reimbursable Expenses listed below up to a ance with the terms of the Agreement, make payment within Maximum Amount of$ None . Reimbursable thirty days of the Owner's receipt of the invoice. Expenses are in addition to the Fixed Fee for Basic Services and are for certain actual expenses incurred by the Design Professional in Article C: Responsibilities connection with the Project as enumerated below. C. 1.0 Design Professional's Responsibilities B.2.1.1 Travel Costs. The reasonable expense of travel costs C. 1.1 Basic Services. The Design Professionals shall provide incurred by the Design Professional when requested by Owner to the Basic Service set out in Article A.1.0. travel to a location that lies outside of a 45 mile radius of either C. 1.2 Additional Services. When required under this Agree- the Project site, Design Professional's office (s), and Owner's office. merit or agreed to asset out in A.2.0,the Design Professional shall provide Additional Services on the Project. B.2.1.2 Long Distance Telephone Costs. Long distance tele- phone calls and long distance telefax costs. C. 1.3 General Responsibilities. The Design Professional shall be responsible for the professional quality, technical accuracy, B.2.1.3 Delivery Costs. Courier services and overnight delivery and coordination of all designs, drawings, specifications, and costs. other services, furnished by the Design Professional under this B.2.1.4 Reproduction Costs. Reproduction and postage costs of Agreement. The Owner's review, approval, acceptance of, or required drawings, specifications, Bidding and Contract docu- payment for Design Professional services shall not be construed ments,excluding the cost of reproductions for the Design Profes- as a waiver of any rights under this Agreement or of any cause of sional or Subcontractor's own use. action for damages caused by Design Professional's negligent B.2.1.5 Additional Reimbursables. The Design Professional and performance under this Agreement. Furthermore, this Agree- Owner may agree in an addendum or amendment to this Agree- ment does not restrict or limit any rights or remedies otherwise ment to include certain other expenses not enumerated above as afforded the Owner or Design Professional by law. Reimbursable Expenses. These Reimbursables shall not be lim- C. 1.4 Designing Within Funding Limitations. The Design Profes- ited by the Maximum Amount agreed to above. A separate sional shall perform services required under this Contract in such a Maximum Amount for these Reimbursables shall be established. manner so as to cause an award of a Construction Contract(s)that does not exceed(1) $ ----------------- or(2)an amount B .3.0 Additional Services to be provided by the Owner in writing to the Design Professional prior to the commencement of Design Professional services. This B.3.1 Payment for Additional Services. The Owner will pay the fixed limit shall be called the Maximum Construction Contract Cost. Design Professional only for Additional Services agreed to in an The amount may be increased by the Owner,but only with written addendum or amendment to this Agreement executed by the notice to the Design Professional. If the increase results in a change Owner and the Design Professional pursuant to A.2. Payment for to the scope of work, an amendment to this Agreement will be all such Additional Services shall be in an amount and upon the required. The Design Professional and the Owner may mutually terms set out in such amendment or addendum and agreed upon agree to decrease the Maximum Construction Contract Cost, but by the parties. Each such amendment or addendum shall provide only by signing a written amendment to this Agreement. Should bids for a fixed price or,where payment for such Additional Services for the Construction Contract(s)exceed the Maximum Construction is to be on an hourly basis or other unit pricing method, for a Contract Cost,the Owner has the right to require the Design Profes- form HUD-51915(9/98) Previous editions are obsolete Page 6 of 11 ref.Handbooks 7417.1,7450.1 &7460.8 sional to perform redesigns,rebids and other services necessary to C.2.3 Contract Officer. The Owner shall designate a Contract cause an award of the Construction Contract within the Maximum Officer authorized to act on its behalf with respect to the design Construction Contract Cost without additional compensation or and construction of the Project. The Contract Officer shall reimbursement. examine documents submitted by the Design Professional and C. 1.5 Compliance with Laws,Codes,Ordinances and Regulations. shall promptly render decisions pertaining to those documents so The Design Professional shall perform services that conform to all as to avoid unreasonably delaying the progress of the Design applicable Federal, State and local laws, codes, ordinances and Professional's work. regulations except as modified by any waivers which may be C.2.4 Duties to Furnish. The Owner shall provide the Design obtained with the approval of the Owner. If the Project is within an Professional the items listed below. Indian reservation,tribal laws,codes and regulations shall be substi- C.2.4.1 Survey and Property Restrictions. The Owner shall tuted for state and local laws, codes, ordinances and regulations. furnish topographic,property line and utility information as and However, on such a Native American Projects, the Owner may where required. The Owner may at its election require the Design additionally designate that some or all state and local codes shall Professional to furnish any of these items as an Additional apply. In some of these circumstances,a model national building Service. code may be selected by the Indian or Native American Owner. The Design Professional shall certify that Contract Documents will C.2.4.2 Existing Conditions. The Owner shall provide the De- conform to all applicable laws,codes,ordinances and regulations. sign Professional any available"as built"drawings of buildings or properties,architect surveys,test reports,and any other written The Design Professional shall prepare all construction documents required for approval by all governmental agencies having jurisdic- information that it may have in its possession and that it might reasonably assume affects the work. tion over the project.The Design professional shall make all changes in the Bidding and Construction Documents necessary to obtain C.2.4.3 Waivers. The Owner shall provide the Design Profes- governmental approval without additional compensation or reim- sional information it may have obtained on any waivers of local bursement,except in the following situations. If subsequent to the codes, ordinances, or regulations or standards affecting the de- date the Owner issues a notice to proceed, revisions are made to sign of the Project. applicable codes or non-federal regulations,the Design Professional C.2.4.4 Minimum Wage Rates. The Owner shall furnish the shall be entitled to additional compensation and reimbursements for Design Professional the schedule of minimum wage rates ap- any additional cost resulting from such changes. The Design proved by the U.S. Secretary of Labor for inclusion in the Professional, however, is obligated to notify the Owner of all solicitation and Contract Documents. significant code or regulatory changes within sixty(60)days of their C.2.4.5 Tests. When expressly agreed to in writing by both the change, and such notification shall be required in order for the Owner and the Design Professional,the Owner shall furnish the Design Professional to be entitled to any additional compensation or Design Professional all necessary structural,mechanical,chemi- reimbursement. cal or other laboratory tests,inspections and reports required for C. 1.6 Seal. Licensed Design Professionals shall affix their seals the Project. and signatures to drawings and specifications produced under this C.2.4.6 Contract Terms. The Owner or its legal counsel may Agreement when required by law or when the project is located on provide the Design Professional text to be incorporated into an Indian Reservation. Bidding and Construction Contract Documents. C. 1.7 Attendance at Conferences. The Design Professional or designated representative shall attend project conferences and meet- Article D• Contract Administration ings involving matters related to basic services covered under this contract. Attendance at community wide meetings shall be consid- D.1.0 Prohibition of Assignment. The Design Professional shall ered an additional service. not assign, subcontract, or transfer any services, obligations,or C. 2.0 Owner's Responsibilities interest in this Agreement without the prior written consent of the Owner. Such consent shall not unreasonably be withheld when C. 2.1 Information. The Owner shall provide information regard- such assignment is for financing the Design Professional's per- ing requirements for the project,including a program that shall set formance. forth the Owner's objectives and schedule. The Owner shall also D.1.1 Ownership of Documents. All drawings, specifications, establish and update the Maximum Construction Cost. This shall include the Owner's giving notice of work to be performed by the studies and other materials prepared under this contract shall be the property of the Owner and at the termination or completion of Owner or others and not included in the Construction Contract forthe Project. The Design Professional,however,shall be responsible to the Design Professional's services shall be promptly delivered to ascertain and know federal requirements and limitations placed on the Owner. The Design Professional shall have no claim for the Project. further employment or additional compensation as a result of exercise by the Owner of its full rights of ownership. It is C. 2.2 Notice of Defects. If the Owner observes or otherwise understood,however,that the Design Professional does not rep- becomes aware of any fault or defect in the constructionof theproject resent such data to be suitable for re-use on any other project or or nonconformance with the Construction Contract,the Owner shall for any other purpose. If the Owner re-uses the subject data give prompt written notice of those faults,defects or nonconfor- without the Design Professional's written verification, such re- mance to the Design Professional. use will be at the sole risk of the Owner without liability to the Design Professional. Previous editions are obsoleteform HUD-51915(9/98) Page 7 of 11 ref. Handbooks 7417.1,7450.1 &7460.8 D. 1.2 Substitutions. D.1.7 Insurance. The Design professional shall carry Commer- A. The Design Professional shall identify in writing princi- cial or Comprehensive General Liability Insurance,Professional pals and professional level employees and shall not substitute or Liability Insurance(for a period extending two years past the date replace principals or professional level employees without the of completion of construction), and other insurance as are re- prior approval of the Owner which shall not unreasonably be quired by law, all in minimum amounts as set forth below. The withheld. Design Professional shall furnish the Owner certificates of insur- B. The Design Professional's personnel identified below are ance and they shall state that a thirty day notice of prior cancel- considered to be essential to the work effort. Prior to diverting or lation or change will be provided to the Owner. Additionally,the substituting any of the specified individuals,the Design Profes- Owner shall be an additional insured on all Commercial or sional shall notify the Owner reasonably in advance and shall Comprehensive General liability policies. submit justification, including proposed substitutions, in suffi- Insurance Limits or Amount cient detail to permit evaluation of the impact on the contract. No See Article F diversion or substitution of such key personnel shall be made by the Design professional without the prior written consent of the Owner. Kenneth Yamamoto Rachel Lorenz D. 1.8 Retention of Rights. Neither the Owner's review, ap- proval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract, and the Design Professional D. 1.3 Suspension. The Owner may give written notice to the shall be and remain liable to the Owner in accordance with the Design Professional to suspend work on the project or any part applicable law for all damages to the Owner caused by the Design thereof. The Owner shall not be obligated to consider a claim for professional `s negligent performance of any of the services additional compensation if the Design Professional is given furnished under this contract. written notice to resume work within 120 calendar days. If notice to resume work is not given within 120 calendar days,the Design Article E: Additional Requirements Professional shall be entitled to an equitable adjustment in com- E. 1.0 Contract Provisions Required by Federal Law or Owner pensation. Contract with the U.S.Department of Housing and Urban Devel- D. 1.4 Subcontracts. The Design Professional will cause all opment(HUD). applicable provisions of this Agreement to be inserted in all its E. 1.1 Contract Adjustments. Notwithstanding any other term or subcontracts. condition of this Agreement,any settlement or equitable adjust- D. 1.5 Disputes. In the event of a dispute arising under this ment due to termination,suspension or delays by the Owner shall Agreement, the Design Professional shall notify the Owner be negotiated based on the cost principles stated at 48 CFR promptly in writing and submit its claim in a timely manner. The Subpart 31.2 and conform to the Contract pricing provisions of 24 Owner shall respond to the claim in writing in a timely manner. CFR 85.36(f). The Design Professional shall proceed with its work hereunder in E. 1.2 Additional Services. The Owner shall perform a cost or compliance with the instructions of the Owner,but such compli- price analysis as required by 24 CFR 85.36 (f) prior to the ance shall not be a waiver of the Design Professional's rights to issuance of a contract modification/amendment for Additional make such a claim. Any dispute not resolved by this procedure Services. Such Additional Services shall be within the general may be determined by a court of competent jurisdiction or by scope of services covered by this Agreement.The Design Profes- consent of the Owner and Design Professional by other dispute sional shall provide supporting cost information in sufficient resolution methods. detail to permit the Owner to perform the required cost or price D. 1.6 Termination. The Owner may terminate this Agreement analysis. for the Owner's convenience or for failure of the Design Profes- E. 1.3 Restrictive Drawings and Specifications. In accordance sional to fulfill contract obligations. The Owner shall terminate with 24 CFR 85.36(c)(3)(i)and contract agreements between the by delivering to the Design Professional a Notice of Termination Owner and HUD,the Design Professional shall not require the use specifying the reason therefore and the effective date of termina- of materials, products, or services that unduly restrict competi- tion. Upon receipt of such notice,the Design Professional shall tion. immediately discontinue all services affected and deliver to the, E. 1.4 Design Certification. Where the Owner is required by Owner all information,reports,papers,and other materials accu- federal regulations to provide HUD a Design Professional certi- mulated or generated in performing this contract whether com- fication regarding the design of the Projects(24 CFR 968.235), pleted or in process. If the termination is for convenience of the Owner,the Owner shall be liable only for payment for accepted the Design Professional shall provide such a certification to the services rendered before the effective date of termination. Owner. Previous editions are obsoleteform HUD-51915(9/98) Page 8 of 11 ref.Handbooks 7417.1,7450.1 &7460.8 E. 1.5 Retention and Inspection of Records. Pursuant to 24 CFR his/her tenure any such interest, and if such interest is immedi- 85.26(i)(10)and(11),access shall be given by the Design Profes- ately disclosed to the Owner and such disclosure is entered upon sional to the Owner,HUD,the Comptroller General of the United the minutes of the Owner,the Owner,with the prior approval of States, or any of their duly authorized representatives, to any the Government, may waive the prohibition contained in this books,documents,papers,and records of the Design Professional subsection: Provided,That any such present member,officer,or which are directly pertinent to that specific Contract for the employee of the Owner shall not participate in any action by the purpose of making an audit,examination,excerpts,and transcrip- Owner relating to such contract,subcontract, or arrangement. tions. All required records shall be retained for three years after No member,officer,or employee of the Owner,no member of the the Owner or Design Professional and other subgrantees make governing body of the locality in which the project is situated,no final payments and all other pending matters are closed. member of the governing body of the locality in which the Owner E. 1.6 Copyrights and Rights in Data. HUD has no regulations was activated, and no other public official of such locality or pertaining to copyrights or rights in data as provided in 24 CFR localities who exercises any functions or responsibilities with 85.36. HUD requirements,Article 45 of the General Conditions respect to the project, during his/her tenure or for one year to the Contract for Construction(form HUD-5370)requires that thereafter, shall have any interest, direct or indirect, in this contractors pay all royalties and license fees. All drawings and contract or the proceeds thereof. specifications prepared by the Design Professional pursuant to E. 1.8 Disputes. In part because of HUD regulations (24 CFR this contract will identify any applicable patents to enable the 85.36(i)(1)), this Design Professional Agreement, unless it is a general contractor to fulfil the requirements of the construction small purchase contract,has administrative,contractual,or legal contract. remedies for instances where the Design Professional violates or E. 1.7 Conflicts of Interest. Based in part on federal regulations breaches Agreement terms, and provide for such sanctions and (24 CFR 85.36(b)) and Contract agreement between the Owner penalties as may be appropriate. and HUD, no employee, officer, or agent of the Owner (HUD E. 1.9 Termination. In part because of HUD regulations(24 CFR grantee) shall participate in selection,or in the award or admin- 85.36(i)(2)),this Design Professional Agreement,unless it is for istration of a contract supported by Federal funds if a conflict of an amount of$10,000 or less,has requirements regarding termi- interest,real or apparent, would be involved. nation by the Owner when for cause or convenience. These Such a conflict would arise when: include the manner by which the termination will be effected and (i) The employee,officer or agent, basis for settlement. (ii) Any member of his or her immediate family, E. 1.10 Interest of Members of Congress. Because of Contract (iii)His or her partner, or agreement between the Owner and HUD, no member of or delegate to the Congress of the United States of America or (iv)An organization that employs,or is about to employ,any Resident Commissioner shall be admitted to any share or part of of the above,has a financial or other interest in the firm selected this Contract or to any benefit to arise from it. for award. The grantee's or subgrantee's officers,employees or E. 1.11 Limitation of Payments to Influence Certain Federal agents will neither solicit nor accept gratuities,favors or anything Transaction. The Limitation on Use of Appropriated Funds to of monetary value from Contractors, or parties to sub-agree- Influence Certain Federal Contracting and Financial Transac- ments. Grantees and subgrantees may set minimum rules where tions Act,Section 1352 of Title 31 U.S.C.,provides in part that no the financial interest is not substantial or the gift is an unsolicited appropriated funds may be expended by recipient of a federal item of nominal intrinsic value. To the extent permitted by State contract ant loan or cooperative agreement to a an person, or local law or regulations,such standards or conduct will provide p g pay t p ' for penalties, sanctions, or other disciplinary actions for viola- including the Design Professional,for influencing or attempting to influence an officer or employee of Congress in connection tions of such standards by the grantee's and subgrantee's officers, employees, or agents or by Contractors or their agents. The with any of the following covered Federal actions:the awarding awarding agency may in regulation provide additional prohibi- of any federal contract, the making of any Federal grant, the making of any federal loan,the entering into of any cooperative tions relative to real, apparent,or potential conflicts of interest. agreement, and the extension, continuation, renewal, amend- Neither the Owner nor any of its contractors or their subcontrac- ment, or modification of any federal contract, grant, loan, or tors shall enter into any Contract, subcontract,or agreement, in cooperative agreement. connection with any Project or any property included or planned E. 1.12 Employment, Training, and Contracting Opportunities to be included in any Project, in which any member, officer,or for Low-Income Persons, Section 3 of the Housing and Urban employee of the Owner,or any member of the governing body of Development Act of 1968. the locality in which the Project is situated,or any member of the governing body of the locality in which the Owner was activated, A. The work to be performed under this contract is subject to the or in any other public official of such locality or localities who requirements of section 3 of the Housing and Urban Development exercises any responsibilities or functions with respect to the Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The Project during his/her tenure or for one year thereafter has any purpose of section 3 is to ensure that employment and other interest,direct or indirect. If any such present or former member, economic opportunities generated by HUD assistance or HUD- officer, or employee of the Owner, or any such governing body assisted projects covered by section 3,shall,to the greatest extent member or such other public official of such locality or localities feasible,be directed to low-and very low-income persons,particu- involuntarily acquires or had acquired prior to the beginning of larly persons who are recipients of HUD assistance for housing. form HUD-51915(9/98) Previous editions are obsolete Page 9 of 11 ref.Handbooks 7417.1,7450.1 &7460.8 B. The parties to this contract agree to comply with HUD's E. 1.15 Energy Efficiency. Pursuant to Federal regulations(24 regulations in 24 CFR part 135,which implement section 3. As C.F.R 85.36(1)(13))and Federal law,except when working on an evidenced by their execution of this contract, the parties to this Indian housing authority Project on an Indian reservation, the contract certify that they are under no contractual or other im- Design Professional shall comply with the mandatory standards pediment that would prevent them from complying with the and policies relating to energy efficiency which are contained in part 135 regulations. the state energy conservation plan issued in compliance with the C. The contractor agrees to send to each labor organization or Energy Policy and Conservation Act(Pub.L.94-163 codified at representative of workers with which the contractor has a collec- 42 U.S.C.A. § 6321 et. seq.). tive bargaining agreement or other understanding,if any,a notice E. 1.16 Prevailing Wages.In accordance with Section 12 of the advising the labor organization or workers'representative of the U.S.Housing Act of 1937 (42 U.S.C. 1437j)the Design Profes- contractor's commitments under this section 3 clause, and will sional shall pay not less than the wages prevailing in the locality, post copies of the notice in conspicuous places at the work site as determined by or adopted(subsequent to a determination under where both employees and applicants for training and employ- applicable State or local law) by the Secretary of HUD, to all ment positions can see the notice. The notice shall describe the architects,technical engineers,draftsmen, and technicians. section 3 preference, shall set forth minimum number and job E. 1.17 Non-applicability of Fair Housing Requirements in In- titles subject to hire, availability of apprenticeship and training dian Housing Authority Contracts. Pursuant to 24 CFR section positions,the qualifications for each;and the name and location 905.115(b) title VI of the Civil Rights Act of 1964 (42 U.S.C. of the person(s)taking applications for each of the positions;and 2000d-2000d-4), which prohibits discrimination on the basis of the anticipated date the work shall begin. race,color or national origin in federally assisted programs,and D. The contractor agrees to include this section 3 clause in every the Fair Housing Act (42 U.S.C. 3601-3620), which prohibits subcontract subject to compliance with regulations in 24 CFR discrimination based on race,color,religion,sex,national origin, part 135,and agrees to take appropriate action,as provided in an handicap,or familial status in the sale or rental of housing do not applicable provision of the subcontract or in this section 3 clause, apply to Indian Housing Authorities established by exercise of a upon a finding that the subcontractor is in violation of the Tribe's powers of self-government. regulations in 24 CFR part 135. The contractor will not subcon- E. 1.18Prohibition Against Liens. The Design professional is Pro- tract with any subcontractor where the contractor has notice or hibited from placing a lien on the Owner's property.This prohibition knowledge that the subcontractor has been found in violation of shall be placed in all design professional subcontracts. the regulations in 24 CFR part 135. Article F: Other Owner Requirements(if any) E. The contractor will certify that any vacant employment (Continue on additional pages as necessary) positions,including training positions,that are filled(1)after the contractor is selected but before the contract is executed,and(2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed,were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions,termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. Reserved. H. Reserved. E. 1.13 Reserved. E. 1.14 Clean Air and Water.(Applicable to contracts in excess of$100,000). Because of 24 CFR 85.36(i)(12)and Federal law, the Design Professional shall comply with applicable standards, orders,or requirements issued under section 306 of the Clean Air Act(42 U.S.C. § 1857h-4 transferred to 42 USC § 7607,section 508 of the Clean Water Act(33 U.S.C. § 1368),Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15), on all contracts, subcontracts, and subgrants of amounts in excess of$100,000. form HUD-51915(9/98) Previous editions are obsolete Page 10 of 11 ref. Handbooks 7417.1,7450.1 &7460.8 CERTIFICATE OF ACKNOWLEDGMENT State of California ) SS. County of Contra Costa ) On February 06, 2008 before me, Colleen L. Morillo, Notary Public Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public') personally appeared Kenneth Yamamoto Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me COLLEEN C. MOR—— that he/she/they executed the same in his/her/their authorized capacity(ies), Commission # 1711349 and that by his/her/their signature(s)on the instrument the person(s), or the Notary Public -California i Contra Costa County entity upon behalf of which the person(s)acted, executed the instrument. C MyCorms8"wJan 14,2011 WITNESS my hand and official seal. (Notary's Seal) a&ULA Y" Signature of Notary Public FORM APPROVED SILVANO B.MARCHI,C �nty C un I By Deputy n This Agreement is entered into as of the day and year first written above. Owner Design Professional --3 (Housing Authority) (Firm) f 1 i (Signature) (Signature) / (Print Name) (Print Name) P&"I ]tri, (Print Title) (Print Title) form HUD-51915(9/98) Previous editions are obsolete Page 11 of 11 ref. Handbooks 7417.1,7450.1 &7460.8 Article F: Other Owner Requirements Attachment A Insurance - Consultant shall, at no cost to Public Agency, obtain and maintain during the term hereof: (a) Workers' Compensation Insurance pursuant to state law, (b) Professional Liability Insurance with a minimum coverage limit of $1,000,000 and a maximum deductible of not more than $25,000, for all damages or losses because of errors, omissions or malpractice arising out of the provision of professional services by Consultant and his/her subconsultants under this Contract, and (c) Commercial General Liability Insurance, including blanket contractual (or contractual liability) coverage, broad form property damage coverage, and coverage for owned and non-owned vehicles, with a minimum combined single limit coverage of $1,000,000 for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof, arising out of each accident or occurrence, and naming Public Agency, its governing body, officers, employees, representatives, and agents as additional insureds. Consultant shall promptly furnish to Public Agency certification of insurance evidencing such coverage and requiring 30 days' written notice to Public Agency of policy lapse, cancellation or material change in coverage. Attachment B Indemnification - Consultant shall indemnify, defend, save, protect, and hold harmless Public Agency, its governing body, officers, employees, representatives, and agents ("Indemnitees") from any and all demands, losses, claims, costs, suits, liabilities, and expenses for any damage, injury, or death (collectively "Liability") arising directly or indirectly from or connected with the services provided hereunder which is caused, or claimed or alleged to be caused, in whole or in part, by the negligence or willful misconduct of Consultant, its officers, employees, agents, subconsultants, or any persons under its direction or control and shall make good to and reimburse Indemnitees for any expenditures, including reasonable attorneys'; fees and costs, the Indemnitees may make by reason of such matters and, if requested by any of the Indemnitees, shall defend any such suits at the sole cost and expense of Consultant. Consultant's obligations under this section shall exist regardless of concurrent negligence or willful misconduct on the part of the Public Agency or any other person; provided, however, that Consultant shall not be required to defend or indemnify Indemnitees for the proportion of liability a court determines is attributable to the negligence or willful misconduct of Public Agency, its governing body, officers, or employees. This indemnification clause shall survive the termination or expiration of this Agreement. ■ rch itects, Inc. Kenneth Yamamoto, Architect ■ Architecture, Engineering, Planning my 5, 2006 Revised October 10, 2007 Mr. Robert Moore, Director of Development Contra Costa County Housing Authority 3133 Estudillo Street Martinez, CA 94553 SUBJECT: Los Arboles Family Housing Development CA011008 Market Rate Improvements Project, Oakley, CA Proposal for Professional Services Dear Mr. Moore; Pursuant to your request on October 2, 2007, and our original meeting with you on June 29, 2006, we hereby submit the following revised fee proposal to provide Professional Services for the Los Arboles Family Housing Development in Oakley. We are delighted to be given this opportunity to work with the Housing Authority once again. As discussed, the Project will involve renovation of the duplex dwelling units to be similar to market rate rental housing in the area. The notion is to attract market rate tenants to the development with the goal of making the overall development self sufficient. In order to attract tenants, upgrades in finishes along with added amenities will be introduced into the existing 30 dwelling units. Finish upgrades to be considered include custom quality kitchen cabinets and countertops, and flooring. Depending on the condition of the existing bathrooms, tubs and ceramic the tub surrounds may be replaced along with all other fixtures. Replacement of interior and exterior doors with panelized doors and new casings, trims and baseboards will be considered. If allowed under the upcoming new building code, new open sided carports will be introduced at each unit. Designs for incorporating new front porches will be studied as-well-as varying individual building facades and trims. Variations in trim treatments and colors from building to building will be incorporated into the design. A topographic site survey and civil engineering services will be necessary in order to perform services on the project, and are excluded from this Proposal. Topographic surveying and civil engineering services can be provided as a supplemental service under our agreement with additional fees. Other services not covered under this Proposal can be performed on an hourly basis at prevailing office hourly rates. Landscaping and irrigation are excluded from our scope of work. Having undergone alterations in the early 1990's, the dwelling units are assumed to have been abated of hazardous materials. ■ H&Y Architects,Inc. • 1320 Arnold Drive,Suite 266•Martinez,CA 94553 •925.372.9172 Fax 925.372.8893 • Email:kyamamoto@hyarch.com ■ Mr. Robert Moore October 10, 2007 Page 2 We intend on completing schematic design services within 60 days from the date of your written Notice to Proceed. Construction Documents will be completed within 120 days from receipt of your written approval of schematic design. Please contact us if you have questions on this proposal. We appreciate your consideration of H & Y Architects to perform professional services on your project. Respectfully Submitted, H Y Architect , c. / /'Kenneth Yamamoto, C13142 President/Principal Architect Attachment 2007-LosArbolesLtr-001 Rev M H&Y Architects,Inc. • 1320 Arnold Drive,Suite 266•Martinez,CA 94553 •925.372.9172 Fax 925.372.8893 •Email:kyamamoto@hvarch.com CONTRA COSTA COUNTY HOUSING AUTHORITY LOS ARBOLES FAMILY HOUSING DEVELOPMENT CAO 11008 - MARKET RATE ALTERATIONS, OAKLEY ESTIMATE OF PROFESSIONAL SERVICES FEES MARKET RATE MODERNIZATION - 30 DWELLING UNITS Preliminary Phase: Programming, Research..................................................... $ 1,750 Field Investigation............................................................... 3,800 TOTAL PRELIMINARY PHASE.......................................... $ 5,550 Schematic Design: Floor Plans ($1650 x 4 types)............................................. $ 6,600 SitePlan.............................................................................. 6,700 ExteriorElevations.............................................................. 5,800 TOTAL SCHEMATIC DESIGN ........................................... $ 19,100 Construction Documents: Architectural Drawings: Cover................................................................................... $ 550 SitePlan.............................................................................. 6,800 DemolitionPlans................................................................. 4,600 FloorPlans.......................................................................... 9,700 RoofPlans........................................................................... 3,200 - -Secti-onss �_ _ _3T400- - - - Exterior Elevations.............................................................. 7,200 Schedules ........................................................................... 2,350 InteriorElevations ............................................................... 3,100 Details ................................................................................. 6,500 Subtotal Architectural Drawings.......................................... $47,400 Engineering: Structural............................................................................. $ 8,500 Electrical.............................................................................. 7,200 Mechanical/plumbing .......................................................... 8,700 Coordination........................................................................ 2,100 Subtotal Engineering........................................................... $26,500 Project Manual: Specifications...................................................................... $ 4,800 H& Y Architects, Inc. October 10, 2007 r +CONTRA COSTA COUNTY HOUSING AUTHORITY LOS ARBOLES FAMILY HOUSING DEVELOPMENT CA011008 - MARKET RATE ALTERATIONS, OAKLEY CostEstimate...................................................................... 2,000 Subtotal Project Manual...................................................... $ 6,800 TOTAL CONSTRUCTION DOCUMENTS.......................... $80,700 Bidding / Negotiating: Contractor questions/Addenda........................................... $ 4,200 Walk-through....................................................................... 1,200 TOTAL BIDDING PHASE................................................... $ 5,400 Construction Observation: Anticipate 30 week construction period.............................. $32,000 Printing/Miscellaneous: Photographs, Xeroxing, progress printing, Postage and final plots........................................................ $ 2,400 Proiect Tabulation: Preliminary .......................................................................... $ 5,550 SchematicDesign............................................................... 19,100 Construction Documents .................................................... 80,700 Bidding / Negotiating........................................................... 5,400 Construction Administration................................................ 32,000 Printing/Miscellaneous........................................................ 2,400 Total of categories ............................................................ $145,150 TOTAL REQUESTED FEE FOR THE PROJECT ........................................................... $145,150 $ 60,000/ Unit x 30 units = $ 1,800,000 $ 145,150/ 1,800,000 = 8.06% H& Y Architects, Inc. October 10, 2007