Indefinite Quantity Architectural/Engineering …uploads.thafl.com/FY2014-RFP-05 A _ E Services.pdfto submit a proposal the Authority to for any and all architectural, engineering,

Indefinite Quantity

Architectural/Engineering

Services Solicitation No: FY2014-RFP-05

Issue Date: November 13, 2014

Pick Up Date: November 13, 2014

Submission Deadline: December 1, 2014, 2:00 p.m.

(Prevailing Tampa, FL time)

Board of Commissioners:

Dr. Hazel S. Harvey, Chairperson Robert Shimberg, Vice-Chairperson

Susan Johnson-Velez

James A. Cloar

Billi Johnson-Griffin

Rubin E. Padgett

Ben Wacksman

Nicholas W. Dickerson Contracting Officer

5301 W. Cypress Street Phone: (813)341-9101 Tampa, Florida 33607 Fax: (813)367-0760

AN EQUAL OPPORTUNITY EMPLOYER

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Table of Contents

Table of Contents Request for Proposal…………… ..…………………………….Pages 1 -3

Instructions to Offerors Non-Construction HUD 5369-B………………………………………………………..Attachment A

Non-Collusive Affidavit………….…………………………….Attachment B

Representations, Certifications, and Other

Statements of Bidders HUD Form 5369-A……………Attachment C

Section 3 Compliance Certification Forms………......Attachment D

Model Form of Agreement between Owner and Design Professional HUD Form 51915…………………………… Attachment E


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Office of Real Estate Development

1

Request for Proposal

For INDEFINITE QUANTITY ARCHITECTURAL & ENGINEERING SERVICES

SOLICITATION NO. FY2014-RFP-05

The Tampa Housing Authority is soliciting full service professional Architectural/Engineering firms to submit a proposal to the Authority for any and all architectural, engineering, planning and associated services required over the next twenty-four months (2 years). This is an indefinite quantity contract solicitation whereby the Tampa Housing Authority intends to select one or more firms qualified to furnish comprehensive A/E services on an as needed basis. The duration of the services to be awarded under this contract will not exceed twenty-four months and the work may be rotated among the firms selected on each firm’s capacity, cost, past performance and availability at the sole discretion of the Tampa Housing Authority. The exact nature and extent of services requested will vary and no specified minimum amount of services will be guaranteed to any one firm. The general nature of the services to be required during the two year period of the service contract may include, but not necessarily limited to, inspection of facilities, needs assessments, development of plans for modernization, redevelopment and correction of physical deficiencies, development of construction drawings, and technical specifications for construction projects, development cost estimates, review of planning documents for construct-ability, technical assistance, space planning, on-site construction contract administration, construction management, special report preparation, analysis and recommendation on hazardous material program management, planning and abatement consultation as well as miscellaneous activities such procuring property appraisals, use analysis, digitization and set up-up of automated drawing database and computer aided design. An expedient implementation will be required on all assignments and only the firms which demonstrate an ability to perform under tight schedules and who demonstrate a capability to provide comprehensive services shall be considered qualified for this project. Interested firms may respond to this Request for Proposal by submitting an original and three (3) complete copies of their proposal in strict accordance with this request. In accordance with Section 3 of the US Department of Housing and Urban Development Act of 1968, as amended, the Tampa Housing Authority requires that, to the greatest extent possible, training, employment and business opportunities be given to low-income persons residing in Public Housing in the City of Tampa. The successful firm shall submit with their proposal, a plan showing their commitment toward providing preferences to Public Housing Residents residing in Tampa Housing Authority communities for any new training, employment, and business opportunities created as a result of this contract award.


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In accordance with the Department of Housing and Urban Development regulations, there shall be a goal of not less than 20% for the purpose of awarding contract to minority enterprises (MBE’s) or prime consultants with MBE participation of at least of the total contract effort. SUBMISSION DEADLINE: Time: 2:00 P.M. EST (Prevailing Tampa, Florida Time) Date: December 1, 2014 Important: Proposals received after this time will be subject to rejection by the Tampa Housing Authority. Proposals which do not conform to the requirements, including organization of the proposal will receive reduced scores in accordance with the evaluation criteria. MAIL OR HAND DELIVER PROPOSAL TO:

Nicholas W. Dickerson, Director of Contracting and Procurement Tampa Housing Authority 5301 West Cypress Street

Tampa, Florida, 33607 Proposals will only be received at the above indicated address and shall contain the following identification, clearly marked on the outside of the sealed envelope:

Professional Services Proposal for Indefinite Quantity A/E Services

Solicitation No. FY2014-RFP-05 Proposals will be ranked by a selection of panel appointed by the Senior Vice President/Chief Operating Officer. Once proposals have been evaluated and ranked, the Tampa Housing Authority will use the competitive negotiation process to negotiate a contract with the most qualified firm whose fee falls within the competitive range. The form of agreement will be HUD 51915 - “Model Form of Agreement Between Owner and Design Professional:” The fees for each assigned task will be negotiated separately over the course of the contract. Owner and Design Professional”, which will contain a scope of service based on individual task orders and accompanying fee schedule. The contract will be for an indefinite quantity of services over the period of the contract.


3

PROPOSALS SHALL INCLUDE: All proposals shall include the following information in order to be considered responsive. 1. A Letter of Interest; 2. Documentation to substantiate each of the listed evaluation criteria; 3. Not less than five most recent references from clients which the firm has performed services of a similar nature. Include project name and value, contact person, address and telephone number along with a description of the work preformed and the date completed; 4. The A/E’s fee schedule showing each personnel classification required by the nature of the

work associated with this RFP with the fully-burdened hourly rate for each classification; 5. Completed form HUD-5369A “Representations, Certifications and other Statements”; and, 6. Completed Non-collusive Affidavit. 7. Completed Section 3 Contracting Commitment Form PROPOSAL EVALUATION: The following criteria will be used to evaluate all submissions. Proposals must be organized and tabbed in accordance with the below evaluation criteria: NO. Criteria Weight

1 Evidence of firms ability to perform the work, as evidenced by profiles of the principle’s and staff’s professional and technical experience and facilities. 25%

2 Capability to provide professional service in a timely manner. 25%

3 Past Performance in terms of quality of work and compliance with performance schedules. 20%

4 Evidence that the firm has certifications and/or licenses to provide the services in the State of Florida. Mandatory

5 Demonstrated knowledge of local conditions, regulations and applicable codes. Mandatory

6 Certified Statement that the firm is not debarred, suspended or otherwise prohibited from professional practice by any Federal, State, or local agency. Mandatory

7 Proposed plan to incorporate Section 3 and M/WBE participation in the contract services. 20%

8 Overall team approach towards the provision of comprehensive Architectural/Engineering and Construction Contract Administrative services as required by this RFP including completeness and general response.

10%

Questions regarding this request for proposal shall be emailed to: Nicholas W. Dickerson, Contracting Officer at ([email protected])


4

Proposal Packages: Copies of this Request for Proposal are available online by visiting www.thafl.com or by contacting the Contracting Office at 813-341-9101, ext. 3500 or by email at [email protected]. THE HOUSING AUTHORITY OF THE CITY OF TAMPA RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSALS AND TO WAIVE ANY INFORMALITY IN THE SOLICITATION PROCESS. THE HOUSING AUTHORITY OF THE CITY OF TAMPA IS AN EQUAL OPPORTUNITY EMPLOYER By order of Jerome D. Ryans, President/Chief Executive Officer

http://www.thafl.com/

mailto:[email protected]

Attachment A

Instructions to Offers Non-Construction


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Attachment B

Non-Collusive Affidavit


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Non Collusive Affidavit

Non Collusive Affidavit

NON COLLUSIVE AFFIDAVIT State of_____________________________) County of___________________________) _________________________________________________, being first duly sworn, deposes and says, That he\she__________________________________________________________ the party making the foreseeing proposal or bid is genuine and not collusive or sham; that the said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference, with any person, to fix the bid price or any other bidder, to fix any overhead, profit or cost element of said bid price, or that of any other bidder, or to secure any advantage against the Housing Authority of the City of Tampa or any person interested in the proposed contract; and that all statements in said proposal or bid are true.

SIGNATURE _________________________________________

TITLE _______________________________________________

COMPANY NAME _____________________________________ Bidder, if the Bidder is an Individual Partner, if the Bidder is a Partnership Officer, if the Bidder is a Corporation

Subscribed & sworn to before me

This ________ day of ___________________________, 20____.

My Commission expires _______________________________, 20____.


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Attachment C

HUD FORM 5369-A

Representations, Certifications and Other Statement of Bidders


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HUD FORM 5369-A (11/92)

HUD FORM 5369-A (11/92)

Representations, Certifications, and Other Statement of Bidders - Public and Indian Housing Programs Table of Contents Clause Page 1. Certificate of Independent Price Determination 1 2. Contingent Fee Representation and Agreement 1 3. Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions 2 4. Organizational Conflicts of Interest Certification 2 5. Bidder’s Certification of Eligibility 2 6. Minimum Bid Acceptance Period 2 7. Small, Minority, Women-Owned Business Concern Representation 3 8. Indian Owned Economic Enterprise and Indian Organization Representation 3 9. Certification of Eligibility Under the Davis-Bacon Act 3 10. Certification of Nonsegregated Facilities 3 11. Clean Air and Water Certification 4 12. Bidder’s Signature 4 1. Certificate of Independent Price

Determination (a) The bidder certifies that -

(1) The prices in this bid have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other bidder of competitor relating to (i) those prices, (ii) the intention to submit a bid, or (iii) the methods or factors used to calculate the prices offered;

(2) The prices in this bid have not been and will not be knowingly disclosed by the bidder, directly or indirectly, to any other bidder or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a competitive proposal solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the bidder to induce any other concern to submit or not to submit a bid for the purpose of restricting competition. (b) Each signature on the bid is considered to be a certification by the signatory that the signatory -

(1) Is the person in the bidder’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a) (1) through (a)(3) above; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above.

_________________________ [insert full name of person(s) in the bidder’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the bidder’s organization];

(ii) As an authorized agent,

does certify that the principals named in subdivision (b)(2)(i) have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above. (c) If the bidder deletes or modifies subparagraph (a)2 above, the bidder must furnish with its bid a signed statement setting forth in detail the circumstances of the disclosure. [ ] [Contracting Officer check if following paragraph is applicable] (d) Non-collusive affidavit. (Applicable to contracts for construction and equipment exceeding $50,000)

(1) Each bidder shall execute, in the form provided by the PHA/IHA, an affidavit to the effect that he/she has not colluded with any other person, firm or corporation in regard to any bid submitted in response to this solicitation. If the successful bidder did not submit the affidavit with his/her bid, he/she must submit it within three (3) working days of bid opening. Failure to submit the affidavit by that date may render the bid nonresponsive. No contract award will be made without a properly executed affidavit.

(2) A fully executed “Non-collusive Affidavit” [ ] is, [ ] is not included with this bid. 2. Contingent Fee Representation and

Agreement (a) Definitions. As used in this provision:

“Bona fide employee” means a person, employed by a bidder and subject to the bidder’s supervision and control as to time, place, and manner of performance, who neither exerts, nor proposes to exert improper influence to solicit or obtain contracts nor holds out as being able to obtain any contract(s) through improper influence.

“Improper influence” means any influence that induces or tends to induce a PHA/IHA employee or officer to give consideration or to act regarding a PHA/IHA contract on any basis other than the merits of the matter. (b) The bidder represents and certifies as part of its bid that, except for full-time bona fide employees working solely for the bidder, the bidder:

(1) ha s , ha s not e mploye d or retained any person or company to solicit or

obtain this contract; and (2) ha s , ha s not pa id or a gre e d to

pay to any person or company

HUD FORM 5369-A (11/92)

HUD FORM 5369-A (11/92)

employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract. (c) If the answer to either (a)(1) or (a)(2) above is affirmative, the bidder shall make an immediate and full written disclosure to the PHA/IHA Contracting Officer. (d) Any misrepresentation by the bidder shall give the PHA/IHA the right to (1) terminate the contract; (2) at its discretion, deduct from contract payments the amount of any commission, percentage, brokerage, or other contingent fee; or (3) take other remedy pursuant to the contract. 3. Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (applicable to contracts exceeding $100,000) (a) The definitions and prohibitions contained in Section 1352 of title 31, United States Code, are hereby incorporated by reference in paragraph (b) of this certification. (b) The bidder, by signing its bid, hereby certifies to the best of his or her knowledge and belief as of December 23, 1989, that:

(1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer of employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of a contract resulting from this solicitation;

(2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the bidder shall complete and submit, with its bid, OMB standard form LLL, “Disclosure of Lobbying Activities;” and

(3) He or she will include the language of this certification in all subcontracts at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. (c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 31, United States Code. Any person who makes expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

(d) Indian tribes (except those chartered by States) and Indian organizations as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450B) are exempt from the requirements of this provision

4. Organizational Conflicts of Interest Certification

The bidder certifies that to the best of its knowledge and belief and except as otherwise disclosed, he or she does not have any organizational conflict of interest which is defined as a situation in which the nature of work to be performed under this proposed contract and the bidder’s organizational, financial, contractual, or other interests may, without some restriction on future activities: (a) Result in an unfair competitive advantage to the bidder; or (b) Impair the bidder’s objectivity in performing the contract work. [ ] In the absence of any actual or apparent conflict, I hereby certify that to the best of my knowledge and belief, no actual or apparent conflict of interest exists with regard to my possible performance of this procurement. 5. Bidder’s Certification of Eligibility (a) By the submission of this bid, the bidder certifies that to the best of its knowledge and belief, neither it, nor any person or firm which has an interest in the bidder’s firm, nor any of the bidder’s subcontractors, is ineligible to:

(1) Be awarded contracts by any agency of the United States Government, HUD, or the State in which this contract is to be performed; or,

(2) Participate in HUD programs pursuant to 24 CFR Part 24. (b) The certification in paragraph (a) above is a material representation of fact upon which reliance was placed when making award. If it is later determined that the bidder knowingly rendered an erroneous certification, the contract may be terminated for default, and the bidder may be debarred or suspended from participation in HUD programs and other Federal contract programs. 6. Minimum Bid Acceptance Period (a) “Acceptance period”, as used in this provision, means the number of calendar days available to the PHA/IHA for awarding a contract from the date specified in this solicitation for receipt of bids. (b) This provision supersedes any language pertaining to the acceptance period that may appear elsewhere in this solicitation. (c) The PHA/IHA requires a minimum acceptance period of sixty (60) consecutive calendar days. (d) In the space provided immediately below, bidders may specify a longer acceptance period than the PHA’s/IHA’s minimum requirement. The bidder allows the following acceptance period: _____ calendar days. (e) A bid allowing less than the PHA’s/IHA’s minimum acceptance period will be rejected.

HUD FORM 5369-A (11/92)

HUD FORM 5369-A (11/92)

(f) The bidder agrees to execute all that it has undertaken to do, in compliance with the bid, if that bid is accepted in writing within (1) the acceptance period stated in paragraph (c) above or (2) any longer acceptance period stated in paragraph (d) above. 7. Small, Minority, Women-Owned Business

Concern Representation The bidder represents and certifies as part of its bid/offer that it - (a) is , is not a s ma ll bus ine s s conce rn. “S ma ll business concern,” as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding, and qualified as a small business under the criteria and size standards in 13 CFR 121. (b) is , is not a wome n-owned business enterprise. “Women-owned business enterprise,” as used in this provision, means a business that is at least 51 percent owned by a woman or women who are U.S. citizens and who also control and operate the business. (c) is , is not a minority bus ine s s e nte rpris e. “Minority business enterprise,” as used in this provision, means a business which is at least 51 percent owned or controlled by one or more minority group members or, in the case of a publicly-owned business, at least 51 percent of its voting stock is owned by one or more minority group members, and whose management and daily operations are controlled by one or more such individuals. For the purpose of this definition, minority group members are: (Check the block applicable to you) Bla ck Ame rica ns As ia n P a cific Ame rica ns His pa nic Ame rica ns As ia n India n Ame rica ns Na tive Ame rica ns Ha s idic J e wis h Ame rica ns 8. Indian-Owned Economic Enterprise and

Indian Organization Representation (applicable only if this solicitation is for a contract to be performed on a project for an Indian Housing Authority)

The bidder represents and certified that it: (a) is , is not a n India n-owned economic enterprise. “Economic enterprise,” as used in this provision, means any commercial, industrial, or business activity established or organized for the purpose of profit, which at least 51 percent Indian is owned. “Indian,” as used in this provision, means any person who is a member of any tribe, band, group, pueblo, or community which is recognized by the Federal Government as eligible for services for the Bureau of Indian Affairs and “Native” as defined in the Alaska Native Claims Settlement Act. (b) is , is not a n India n orga niza tion. “India n organization,” as used in this provision, means the governing body of any Indian tribe or entity established or recognized by such governing body. Indian “tribe” means any Indian tribe, band, group, pueblo, or community including Native villages and Native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act, which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs. 9. Certification of Eligibility Under the Davis-

Bacon Act (applicable to construction contracts exceeding $2,000)

a. By the submission of this bid, the bidder certifies that neither it nor any person or firm who has an interest in the bidder’s firm is a person or firm ineligible to be awarded contracts by the United States Government by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (b) No part of the contract resulting from this solicitation shall be subcontracted to any person or firm ineligible to be awarded contracts by the United States Government by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (c) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 10. Certification of Nonsegregated

Facilities (applicable to contracts exceeding $10,000)

(a) The bidder’s attention is called to the clause entitled Equal Employment Opportunity of the General Conditions of the Contract for Construction. (b) “Segregated facilities,” as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin because of habit, local custom, or otherwise. (c) By the submission of this bid, the bidder certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The bidder agrees that a breach of this certification is a violation of the Equal Employment Opportunity clause in the contract. (d) The bidder further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) prior to entering into subcontracts which exceed $10,000 and are not exempt from the requirements of the Equal Employment Opportunity clause, it will -

(1) Obtain identical certifications from the proposed subcontractors;

(2) Retain the certifications in its files; and

(3) Forward the following notice to the proposed subcontractors (except if the proposed subcontractors have submitted identical certifications for specific time periods:

11. Notice to Prospective Subcontractors of Requirement for

HUD FORM 5369-A (11/92)

HUD FORM 5369-A (11/92)

Certifications of Nonsegregated Facilities A Certification of Nonsegregated Facilities must be submitted before the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Employment Opportunity clause of the prime contract. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). Note: The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001. 12. Clean Air and Water Certification (applicable

to contracts exceeding $100,000) The bidder certifies that: (a) Any facility to be used in the performance of this contract is , is not lis te d on the Environme nta l P rote ction Agency List of Violating Facilities; (b) The bidder will immediately notify the PHA/IHA Contracting Officer, before award, of the receipt of any communication from the Administrator, or a designee, of the Environmental Protection Agency, indicating that any facility that the bidder proposes to use for the performance of the contract is under consideration to be listed on the EPA List of Violating Facilities; and (c) The bidder will include a certification substantially the same as this certification, including this paragraph (c), in every nonexempt subcontract. 13. Bidder’s Signature The bidder hereby certifies that the information contained in these certifications and representations is accurate, complete, and current. (Signature and Date) (Typed or Printed Name) (Title) (Company Name)

END OF HUD FORM 5369-A (11/92)

nicholas.dickerson

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Attachment D

Section 3 Contracting Commitment Forms and Section 3 Certified Contractor List


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Section 3 & MBE Compliance Certification Forms

FY2014/2015 Section 3 & MBE Compliance Certification Forms

HOUSING AUTHORITY OF THE CITY OF TAMPA

SECTION 3 PROGRAM

Contractor Certification of Efforts to Fully Comply with Employment and Training Provisions of Section 3

(P&D99-52) The bidder represents and certifies as part of its bid/offer that it: Is a Section 3 Business concern.

A Section 3 Business concern means a business concern:

1. That is 51% or more owned by Section 3 Resident(s); or

2. Whose permanent, full-time employees include persons, at least 30% of whom are currently Section 3 residents, or within the last three years of the date of first employment with the business concern were Section 3 residents; or

3. That provides evidence of a commitment to subcontract in excess of 25% of the dollar value of all subcontracts to be awarded to business concerns that meet the qualifications set forth in paragraphs 1 or 2 herein. Is Not a Section 3 Business concern but who has and will continue to seek compliance with Section 3 by certifying to the following efforts as being undertaken. EFFORTS TO AWARD SUBCONTRACTOR TO SECTION 3 CONCERNS: (Check ALL that apply) By contacting business assistance agencies, minority contractors associations and community organizations to inform them of the contracting opportunities and requesting their assistance in identifying Section 3 businesses which may solicit bids for a portion of the work By advertising contracting opportunities by posting notices, which provide general information about the work to be contracted and where to obtain additional information, in the common areas of the applicable development(s) owned and managed by the Housing Authority By providing written notice to all known Section 3 business concerns of contracting opportunities. This notice should be in sufficient time to allow the Section 3 business concerns to respond to bid invitations By following up with Section 3 business concerns that have expressed interest in the contracting opportunities By coordinating meetings at which Section 3 business concerns could be informed of specific elements of the work for which subcontract bids are being sought

By conducting workshops on contracting procedures and specific contracting opportunities in a timely manner so that Section 3 business concerns can take advantage of contracting opportunities By advising Section 3 business concerns as to where they may seek assistance to overcome barriers such as inability to obtain bonding, lines of credit, financing, or insurance, and aiding Section 3 businesses in qualifying for such bonding, financing, insurance, etc. Where appropriate, by breaking out contract work into economically feasible units to facilitate participation by Section 3 businesses By developing and utilizing a list of eligible Section 3 business concerns By actively supporting and undertaking joint ventures with Section 3 businesses EFFORTS TO PROVIDE TRAINING AND EMPLOYMENT TO SECTION 3 RESIDENTS:

(Check ALL that apply) By entering into a “first source” hiring agreements with organizations representing Section 3 residents By establishing training programs, which are consistent with the requirements of the Department of Labor, specifically for Section 3 residents in the building trades By advertising employment and training positions to dwelling units occupied by Category 1 and 2 residents By contacting resident councils and other resident organizations in the affected housing development to request assistance in notifying residents of the training and employment positions to be filled By arranging interviews and conducting interviews on the job site By undertaking such continued job-training efforts as may be necessary to ensure the continued employment of Section 3 residents previously hired for employment opportunities

____________________________________ Authorized Signature of the Bidder & Date


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Section 3 & MBE Compliance Certification Forms

FY2014/2015 Section 3 & MBE Compliance Certification Forms

SELECTION 3 AND MBE

PRE-AWARD COMPLIANCE CERTIFICATION (ORED FORM 99-17)

1. Contractor Name & Address (street, city, zip): 2.Contract Number and Description

3. Dollar Amount of Contract

4. Contact Person: 5. Phone Number:

6. Contracting Period: 7. Date Report Submitted:

Part I: Employment and Training of Section 3 Residents (If Prime Contractor is Section 3 Owned Check Here) The employment and training component of Section 3 applies to the prime contractor and all sub-contractors providing construction services and professional services to the Tampa Housing Authority. It is the responsibility of the Prime Contractor to enforce these same requirements within any sub-contracts.

Instructions: Complete items A, B and C and adjoining worksheet

A. Total Number of Current Employees?

B. Total Number of Anticipated New Hires and Trainees.

C. Total Number of Section 3 New Hires & Trainees? (the established goal is 30% of Line B)

Adjoining Worksheet

(A) Job Category

(B) Number of

Anticipated New Hires and Trainees

(C) Number of column (B) that will be Section 3 Residents

Professional

Technical

Construction by Trade(list)

Other (list)

Total Part II: Subcontract awards – Section 3 and MBE (If Prime Contractor is Section 3 Owned Check Here) The contracting component of Section 3 and minority-owned business participation apply to all prime contractors and sub-contractors providing construction services, professional services and supplies to the Tampa Housing Authority’s project. It is the responsibility of the prime contractor to enforce the same requirements within any sub-contracts.

Instructions: All contractors must complete item D. Complete item E for construction contracts only. Complete item F for professional service and supplier contracts only. All contractors must complete item G.

D. Total dollar amount of all sub-contracts anticipated for this project? $

Applies to construction contracts only: E. Total amount of anticipated Section 3 sub-contract awards?

(The established goal is 10% of Line D) $

Applies to professional service contracts and suppliers: F. Total amount of anticipated Section 3 sub-contract awards?

(The established goal is 3% of Line D) $

Applies to all contracts: G. Total amount of anticipated minority-owned business contract awards? $

(The established goal is 20% of Line D) A minority-owned business is an entity that is 51% or more owned and controlled by one or more of the following minority group members: Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans, Asian Indian Americans and Hasidic Jewish Americans.

Part III – Certification As a duly authorize representative of the prime contractor, it is hereby agreed that the prime contractor and all sub-contractors will make every effort to achieve at least the minimum levels for compliance with Section 3 and Minority- Owned Business participation goals. It is further understood that the undersigned will enforce and ensure compliance within all subcontracts. Signature: Print Name and Title Date


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BLANK PAGE

LEFT BLANK

Attachment E

Model Form of Agreement Between Owner and Design Professional

HUD Form 51915


BLANK PAGE

LEFT BLANK

form HUD-51915 (9/98)ref. Handbooks 7417.1, 7450.1 & 7460.8Previous editions are obsolete

OMB Approval No. 2577-0157 (exp.1/31/2014)

Model Form of Agreement Between

Owner and Design Professional

U.S. Department of Housingand Urban DevelopmentOffice of Public and Indian Housing

Sample


BLANK PAGE

LEFT BLANK

form HUD-51915 (9/98)ref. Handbooks 7417.1, 7450.1 & 7460.8Previous editions are obsolete Page 1 of 11

Model Form of AgreementBetween Owner andDesign Professional

U. S. Department of Housingand Urban DevelopmentOffice of Public and Indian Housing

Table of Contents PageIntroduction 3

Article A: Services 4A. 1.0 Design Professional's Basic Services 4A. 1.1 Areas of Professional’s Basic Services 4A. 1.2 Phases and Descriptions of Basic Services 4

A. 1.2.1 Schematic Design/Preliminary Study Phase 4A. 1.2.2 Design Development Phase 4A. 1.2.3 Bidding, Construction and Contract Document Phase 4A. 1.2.4 Bidding and Award Phase 4A. 1.2.5 Construction Phase 5A. 1.2.6 Post Completion/Warranty Phase 5

A. 1.3 Time of Performance 5A. 2.0 Design Professional's Additional Services 5A. 2.1 Description of Additional Services 5A. 2.2 Written Addendum or Contract Amendment 5

Article B: Compensation and Payment 6B. 1.0 Basic Services 6B. 1.1 Fixed Fee for Basic Services 6B. 1.2 Payment Schedule 6B. 2.0 Reimbursables 6B. 2.1 Reimbursable Expenses 6

B. 2.1.1 Travel Costs 6B. 2.1.2 Long-Distance Telephone Costs 6B. 2.1.3 Delivery Costs 6B. 2.1.4 Reproduction Costs 6B. 2.1.5 Additional Reimbursables 6

B. 3.0 Additional Services 6B. 3.1 Payment for Additional Services 6B. 4.0 Invoicing and Payments 6B. 4.1 Invoices 6B. 4.2 Time of Payment 6

Article C: Responsibilities 6C. 1.0 Design Professional's Responsibilities 6C. 1.1 Basic Services 6C. 1.2 Additional Services 6C. 1.3 General Responsibilities 6C. 1.4 Designing within Funding Limitations 7C. 1.5 Compliance with Laws, Codes, Ordinances and Regulations 7C. 1.6 Seal 7C. 1.7 Attendance at Conferences 7C. 2.0 Owner's Responsibilities 7C. 2.1 Information 7C. 2.2 Notice of Defects 7C. 2.3 Contract Officer 7

OMB Approval No. 2577-0157(exp. 1/31/2014)

Public reporting burden for this collection of information is estimated to average 3 hours per response, including the time for reviewing instructions, searchingexisting data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not conductor 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 eitherparty to submit any materials to HUD. The forms provide a contractual agreement for the services to be provided by the A/E and establishes responsibilitiesof both parties pursuant to the contract. The regulatory authority is 24 CFR 85.36. These contractual agreements are required by Federal law or regulationpursuant 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.

Sample


C. 2.4 Duties to Furnish 7C. 2.4.1Survey and Property Restrictions 7C. 2.4.2Existing Conditions 7C. 2.4.3Waivers 7C. 2.4.4Minimum Wage Rates 7C. 2.4.5Tests 7C. 2.4.6Contract Terms 7

Article D: Contract Administration 8D. 1.0 Prohibition of Assignment 8D. 1.1 Ownership of Documents 8D. 1.2 Substitutions 8D. 1.3 Suspension 8D. 1.4 Subcontracts 8D. 1.5 Disputes 8D. 1.6 Terminations 8D. 1.7 Insurance 8D. 1.8 Retention of Rights 8

Article E: Additional Requirements 8E. 1.0 Contract Provisions Required by Federal Law or

Owner Contract with the U.S. Department of Housing and Urban Development 8E. 1.1 Contract Adjustments 8E. 1.2 Additional Services 9E. 1.3 Restrictive Drawings and Specifications 9E. 1.4 Design Certification 9E. 1.5 Retention and Inspection of Records 9E. 1.6 Copyrights and Rights in Data 9E. 1.7 Conflicts of Interest 9E. 1.8 Disputes 9E. 1.9 Termination 9E. 1.10 Interest of Members of Congress 9E. 1.11 Limitation of Payments to Influence Certain Federal Transactions 10E. 1.12 Employment, Training and Contracting Opportunities for Low income Persons, Section 3, HUD Act of 1968 10E. 1.13 Reserved 10E. 1.14 Clean Air and Water (Applicable to Contracts in excess of $100,000) 11E. 1.15 Energy Efficiency 11E. 1.16 Prevailing Wages 11E. 1.17 Non-applicability of Fair Housing Requirements in Indian Housing Authority Contracts 11E. 1.18 Prohibition Against Liens 11

Article F: Other Requirements (If any) 11

Execution of Agreement 11

Addendum (If any) 1

Page 2 of 11

Sample


Agreement made as of the _____________ day of ________________ in the year (yyyy) of ______

Between the Owner (Name & Address)

and the Design Professional (Name, Address and Discipline)

For the following Project (Include detailed description of Project, Location, Address, Scope and Program Designation)

The Owner and Design Professional agree as set forth below.

Introduction to Agreement

Sample


Article A: Services

A 1.0 Design Professional's Basic Services

A. 1.1 Areas of Professional’s Basic Services. Unless revised ina written addendum or amendment to this Agreement, in plan-ning, designing and administering construction or rehabilitationof the Project, the Design Professional shall provide the Ownerwith professional services in the following areas:

o Architecture

o Site Planning

o Structural Engineering

o Mechanical Engineering

o Electrical Engineering

o Civil Engineering

o Landscape Architecture

o Cost Estimating

o Construction Contract Administration

A 1.2 Phases and Descriptions of Basic Services.

A. 1.2.1 Schematic Design/Preliminary Study Phase. After re-ceipt of a Notice to Proceed from the Owner, the Design Profes-sional shall prepare and deliver Schematic Design/PreliminaryStudy Documents. These documents shall consist of a presenta-tion of the complete concept of the Project, including all majorelements of the building(s), and site design(s), planned to pro-mote economy both in construction and in administration and tocomply with current program and cost limitations. The DesignProfessional shall revise these documents consistent with therequirements and criteria established by the Owner to secure theOwner’s written approval. Additionally, the Design Professionalshall make an independent assessment of the accuracy of theinformation provided by the Owner concerning existing condi-tions. Documents in this phase shall include:

o Site plan(s)

o Schedule of building types, unit distribution and bedroomcount

o Scale plan of all buildings, and typical dwelling units

o Wall sections and elevations

o Outline specifications

o Preliminary construction cost estimates

o Project specific analysis of codes, ordinances and regulations

o Three dimensional line drawings

A. 1.2.2 Design Development Phase. After receipt of writtenapproval of Schematic Design/Preliminary Study Documents, theDesign Professional shall prepare and submit to the Owner De-sign Development Documents. The Design Professional shallrevise these documents consistent with the requirements andcriteria established by the Owner to secure the Owner’s writtenapproval. These documents shall include the following:

Page 4 of 11

o Drawings sufficient to fix and illustrate project scope andcharacter in all essential design elements

o Outline specifications

o Cost estimates and analysis

o Recommendations for phasing of construction

o Site plan(s)

o Landscape plan

o Floor plans

o Elevations, building and wall sections

o Updated three dimensional line drawings

o Engineering drawings

A. 1.2.3 Bidding, Construction and Contract Document Phase.After receipt of the Owner’s written approval of Design Develop-ment Documents, the Design Professional shall prepare Con-struction Documents. After consultation with the Owner andOwner’s attorney, if requested by the owner, the Design Profes-sional shall also prepare and assemble all bidding and contractdocuments. The Design Professional shall revise these Bidding,Construction and Contract documents consistent with the re-quirements and criteria established by the Owner to secure theOwner’s written approval. They shall, include in a detailed,manner all work to be performed; all material; workmanship;finishes and equipment required for the architectural, structural,mechanical, electrical, and site work; survey maps furnished byOwner; and direct reproduction of any logs and subsurface soilinvestigations. These documents shall include:

o Solicitation for Bids

o Form of Contract

o Special Conditions

o General Conditions

o Technical Specifications

o Plans and drawings

o Updated cost estimates

A. 1.2.4 Bidding and Award Phase. After written approval ofBidding, Construction and Contract Documents from the Owner,the Design Professional shall assist in administering the biddingand award of the Construction Contract. This shall include:

o Responding to inquires

o Drafting and issuing addendum approved by Owner

o Attending prebid conference(s)

o Attending public bid openings

o Reviewing and tabulating bids

o Recommending list of eligible bids

o Recommending award

o Altering drawings and specifications as often as required toaward within the Estimated Construction Contract Cost

Sample


A. 1.2.5 Construction Phase. After execution of the ConstructionContract, the Design Professional shall in a prompt and timelymanner administer the Construction Contract and all work re-quired by the Bidding, Construction and Contract Documents.The Design Professional shall endeavor to protect the Owneragainst defects and deficiencies in the execution and performanceof the work. The Design Professional shall:

o Administer the Construction Contract.

o Conduct pre-construction conference and attend disputeresolution conferences and other meetings when requestedby the Owner.

o Review and approve contractor’s shop drawings and othersubmittals for conformance to the requirements of thecontract documents.

o At the Owner’s written request, and as Additional Service,procure testing from qualified parties.

o Monitor the quality and progress of the work and furnisha written field report weekly, semi monthly,

monthly, or ____________________. Thisservice shall be limited to a period amounting to 110% ofthe construction period as originally established under theconstruction contract unless construction has been delayeddue to the Design professional’s failure to properly performits duties and responsibilities. The Owner may direct addi-tional monitoring but only as Additional Services.

o Require any sub-consultant to provide the services listedin this section where and as applicable and to visit theProject during the time that construction is occurring onthe portion of the work related to its discipline and reportin writing to the Design Professional.

o Review, approve and submit to Owner the ContractorRequests for Payment.

o Conduct all job meetings and record action in a set ofminutes which are to be provided to the Owner.

o Make modifications to Construction Contract Documentsto correct errors, clarify intent or to accommodate changeorders.

o Make recommendations to Owner for solutions to specialproblems or changes necessitated by conditions encoun-tered in the course of construction.

o Promptly notify Owner in writing of any defects or defi-ciencies in the work or of any matter of dispute with theContractor.

o Negotiate, prepare cost or price analysis for and counter-sign change orders.

o Prepare written punch list, certificates of completion andother necessary construction close out documents.

o Prepare a set of reproducible record prints of Drawingsshowing significant changes in the work made duringconstruction, including the locations of underground utili-ties and appurtenances referenced to permanent surfaceimprovements, based on marked-up prints, drawings andother data furnished by the contractor to the Design Pro-fessional.

A. 1.2.6 Post Completion/Warranty Phase. After execution of theCertificate of Completion by the Owner, the Design Professionalshall:

o Consult with and make recommendations to Owner duringwarranties regarding construction, and equipment war-ranties.

o Perform an inspection of construction work, material,systems and equipment no earlier than nine months and nolater than ten months after completion of the constructioncontract and make a written report to the Owner. At theOwner’s request, and by Amendment to the AdditionalServices section of this contract, conduct additional war-ranty inspections as Additional Services.

o Advise and assist Owner in construction matters for aperiod up to eighteen months after completion of theproject, but such assistance is not to exceed forty hours ofservice and one nonwarranty trip away from the place ofbusiness of the Design Professional.

A. 1.3 Time of Performance. The Design Professional’s sched-ule for preparing, delivering and obtaining Owner’s approval forBasic Services shall be as follows:

o Schematic Design/Preliminary Study Documents within_______ calendar days for the date of the receipt of aNotice to Proceed.

o Design Development Documents within ________ calendardays from the date of receipt of written approval by theOwner of Schematic Design/Preliminary Study documents.

o Bidding, Construction and Contract Documents within________ calendar days from the date of receipt of writtenapproval by the Owner of Design Development Docu-ments.

A. 2.0 Design Professional's Additional Services

A. 2.1 Description of Additional Services. Additional Servicesare all those services provided by the Design Professional on theProject for the Owner that are not defined as Basic Services inArticle A, Section 1.2 or otherwise required to be performed bythe Design Professional under this Agreement. They includemajor revisions in the scope of work of previously approveddrawings, specifications and other documents due to causesbeyond the control of the Design Professional and not due to anyerrors, omissions, or failures on the part of the Design Professionalto carry out obligations otherwise set out in this Agreement.

A. 2.2 Written Addendum or Contract Amendment. All addi-tional services not already expressly required by this agreementshall be agreed to through either a written addendum or amend-ment to this Agreement.

Article B: Compensation and Payment

B. 1.0 Basic Services

B. 1.1 Fixed Fee for Basic Services. The Owner will pay theDesign Professional for Basic Services performed as defined byA.1.2, a Fixed Fee (stipulated sum) of $ _____________________plus Reimbursable Expenses identified in Article B.2.0. Such

Page 5 of 11

Sample


payment shall be compensation for all Basic Services required,performed, or accepted under this Contract.

B. 1.2 Payment Schedule. Progress payments for Basic Servicesfor each phase of work shall be made in proportion to servicesperformed as follows:

Phase Amount

Schematic Design/Preliminary Study Phase $ ____________

Design Development Phase $ ____________

Bidding, Construction & Contract Document Phase $ ____________

Bidding & Award Phase $ ____________

Construction Phase $ ____________

Post Completion/ Warranty Phase $ ____________

Total Basic Services $ ____________

B. 2.0 Reimbursables

B. 2.1 Reimbursable Expenses. The Owner will pay the DesignProfessional for the Reimbursable Expenses listed below up to aMaximum Amount of $ _____________________. ReimbursableExpenses are in addition to the Fixed Fee for Basic Services and arefor certain actual expenses incurred by the Design Professional inconnection with the Project as enumerated below.

B. 2.1.1 Travel Costs. The reasonable expense of travel costsincurred by the Design Professional when requested by Owner totravel to a location that lies outside of a 45 mile radius of eitherthe Project site, Design Professional’s office (s), and Owner’soffice.

B. 2.1.2 Long Distance Telephone Costs. Long distance tele-phone calls and long distance telefax costs.

B. 2.1.3 Delivery Costs. Courier services and overnight deliverycosts.

B. 2.1.4 Reproduction Costs. Reproduction and postage costs ofrequired drawings, specifications, Bidding and Contract docu-ments, excluding the cost of reproductions for the Design Profes-sional or Subcontractor’s own use.

B. 2.1.5 Additional Reimbursables. The Design Professional andOwner may agree in an addendum or amendment to this Agree-ment to include certain other expenses not enumerated above asReimbursable Expenses. These Reimbursables shall not be lim-ited by the Maximum Amount agreed to above. A separateMaximum Amount for these Reimbursables shall be established.

B .3.0 Additional Services

B. 3.1 Payment for Additional Services. The Owner will pay theDesign Professional only for Additional Services agreed to in anaddendum or amendment to this Agreement executed by theOwner and the Design Professional pursuant to A.2. Payment forall such Additional Services shall be in an amount and upon theterms set out in such amendment or addendum and agreed uponby the parties. Each such amendment or addendum shall providefor a fixed price or, where payment for such Additional Servicesis to be on an hourly basis or other unit pricing method, for a

maximum amount; each such amendment or addendum shall alsoprovide for a method of payment, including, at a minimum,whether payment will be made in partial payments or in lump sumand whether it will be based upon percentage of completion orservices billed for.

B. 4.0 Invoicing and Payments

B. 4.1 Invoices. All payments shall require a written invoicefrom the Design Professional. Invoices shall be made no morefrequently than on a monthly basis. Payments for Basic Servicesshall be in proportion to services completed within each phase ofwork. When requesting such payment, the invoice shall identifythe phase and the portion completed. All invoices shall state theAgreement, name and address to which payment shall be made,the services completed and the dates of completion, and whetherthe invoice requests payment for Basic Services, Reimbursable orAdditional Services. Invoices seeking payment for Reimbursable orAdditional Services must provide detailed documentation.

B. 4.2 Time of Payment. Upon the Design Professional’s propersubmission of invoices for work performed or reimbursableexpenses, the Owner shall review and, if the work is in conform-ance with the terms of the Agreement, make payment withinthirty days of the Owner’s receipt of the invoice.

Article C: Responsibilities

C. 1.0 Design Professional's Responsibilities

C. 1.1 Basic Services. The Design Professionals shall providethe Basic Service set out in Article A.1.0.

C. 1.2 Additional Services. When required under this Agree-ment or agreed to as set out in A.2.0, the Design Professional shallprovide Additional Services on the Project.

C. 1.3 General Responsibilities. The Design Professional shallbe responsible for the professional quality, technical accuracy,and coordination of all designs, drawings, specifications, andother services, furnished by the Design Professional under thisAgreement. The Owner’s review, approval, acceptance of, orpayment for Design Professional services shall not be construedas a waiver of any rights under this Agreement or of any cause ofaction for damages caused by Design Professional’s negligentperformance under this Agreement. Furthermore, this Agree-ment does not restrict or limit any rights or remedies otherwiseafforded the Owner or Design Professional by law.

C. 1.4 Designing Within Funding Limitations. The Design Profes-sional shall perform services required under this Contract in such amanner so as to cause an award of a Construction Contract(s) thatdoes not exceed (1) $ ______________________ or (2) an amountto be provided by the Owner in writing to the Design Professionalprior to the commencement of Design Professional services. Thisfixed limit shall be called the Maximum Construction Contract Cost.The amount may be increased by the Owner, but only with writtennotice to the Design Professional. If the increase results in a changeto the scope of work, an amendment to this Agreement will berequired. The Design Professional and the Owner may mutuallyagree to decrease the Maximum Construction Contract Cost, butonly by signing a written amendment to this Agreement. Should bidsfor the Construction Contract(s) exceed the Maximum ConstructionContract Cost, the Owner has the right to require the Design Profes-

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sional to perform redesigns, rebids and other services necessary tocause an award of the Construction Contract within the MaximumConstruction Contract Cost without additional compensation orreimbursement.

C. 1.5 Compliance with Laws, Codes, Ordinances and Regulations.The Design Professional shall perform services that conform to allapplicable Federal, State and local laws, codes, ordinances andregulations except as modified by any waivers which may beobtained with the approval of the Owner. If the Project is within anIndian reservation, tribal laws, codes and regulations shall be substi-tuted for state and local laws, codes, ordinances and regulations.However, on such a Native American Projects, the Owner mayadditionally designate that some or all state and local codes shallapply. In some of these circumstances, a model national buildingcode may be selected by the Indian or Native American Owner. TheDesign Professional shall certify that Contract Documents willconform to all applicable laws, codes, ordinances and regulations.The Design Professional shall prepare all construction documentsrequired for approval by all governmental agencies having jurisdic-tion over the project. The Design professional shall make all changesin the Bidding and Construction Documents necessary to obtaingovernmental approval without additional compensation or reim-bursement, except in the following situations. If subsequent to thedate the Owner issues a notice to proceed, revisions are made toapplicable codes or non-federal regulations, the Design Professionalshall be entitled to additional compensation and reimbursements forany additional cost resulting from such changes. The DesignProfessional, however, is obligated to notify the Owner of allsignificant code or regulatory changes within sixty (60) days of theirchange, and such notification shall be required in order for theDesign Professional to be entitled to any additional compensation orreimbursement.

C. 1.6 Seal. Licensed Design Professionals shall affix their sealsand signatures to drawings and specifications produced under thisAgreement when required by law or when the project is located onan Indian Reservation.

C. 1.7 Attendance at Conferences. The Design Professional ordesignated representative shall attend project conferences and meet-ings involving matters related to basic services covered under thiscontract. Attendance at community wide meetings shall be consid-ered an additional service.

C. 2.0 Owner's Responsibilities

C. 2.1 Information. The Owner shall provide information regard-ing requirements for the project, including a program that shall setforth the Owner’s objectives and schedule. The Owner shall alsoestablish and update the Maximum Construction Cost. This shallinclude the Owner’s giving notice of work to be performed by theOwner or others and not included in the Construction Contract for theProject. The Design Professional, however, shall be responsible toascertain and know federal requirements and limitations placed onthe Project.

C. 2.2 Notice of Defects. If the Owner observes or otherwisebecomes aware of any fault or defect in the construction of the projector nonconformance with the Construction Contract, the Owner shallgive prompt written notice of those faults, defects or nonconfor-mance to the Design Professional.

C.2.3 Contract Officer. The Owner shall designate a ContractOfficer authorized to act on its behalf with respect to the designand construction of the Project. The Contract Officer shallexamine documents submitted by the Design Professional andshall promptly render decisions pertaining to those documents soas to avoid unreasonably delaying the progress of the DesignProfessional’s work.

C. 2.4 Duties to Furnish. The Owner shall provide the DesignProfessional the items listed below.

C. 2.4.1 Survey and Property Restrictions. The Owner shallfurnish topographic, property line and utility information as andwhere required. The Owner may at its election require the DesignProfessional to furnish any of these items as an AdditionalService.

C. 2.4.2 Existing Conditions. The Owner shall provide the De-sign Professional any available “as built” drawings of buildingsor properties, architect surveys, test reports, and any other writteninformation that it may have in its possession and that it mightreasonably assume affects the work.

C. 2.4.3 Waivers. The Owner shall provide the Design Profes-sional information it may have obtained on any waivers of localcodes, ordinances, or regulations or standards affecting the de-sign of the Project.

C. 2.4.4 Minimum Wage Rates. The Owner shall furnish theDesign Professional the schedule of minimum wage rates ap-proved by the U.S. Secretary of Labor for inclusion in thesolicitation and Contract Documents.

C. 2.4.5 Tests. When expressly agreed to in writing by both theOwner and the Design Professional, the Owner shall furnish theDesign Professional all necessary structural, mechanical, chemi-cal or other laboratory tests, inspections and reports required forthe Project.

C. 2.4.6 Contract Terms. The Owner or its legal counsel mayprovide the Design Professional text to be incorporated intoBidding and Construction Contract Documents.

Article D: Contract Administration

D. 1.0 Prohibition of Assignment. The Design Professional shallnot assign, subcontract, or transfer any services, obligations, orinterest in this Agreement without the prior written consent of theOwner. Such consent shall not unreasonably be withheld whensuch assignment is for financing the Design Professional’s per-formance.

D. 1.1 Ownership of Documents. All drawings, specifications,studies and other materials prepared under this contract shall bethe property of the Owner and at the termination or completion ofthe Design Professional’s services shall be promptly delivered tothe Owner. The Design Professional shall have no claim forfurther employment or additional compensation as a result ofexercise by the Owner of its full rights of ownership. It isunderstood, however, that the Design Professional does not rep-resent such data to be suitable for re-use on any other project orfor any other purpose. If the Owner re-uses the subject datawithout the Design Professional’s written verification, such re-use will be at the sole risk of the Owner without liability to theDesign Professional.

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D. 1.2 Substitutions.

A. The Design Professional shall identify in writing princi-pals and professional level employees and shall not substitute orreplace principals or professional level employees without theprior approval of the Owner which shall not unreasonably bewithheld.

B. The Design Professional’s personnel identified below areconsidered to be essential to the work effort. Prior to diverting orsubstituting any of the specified individuals, the Design Profes-sional shall notify the Owner reasonably in advance and shallsubmit justification, including proposed substitutions, in suffi-cient detail to permit evaluation of the impact on the contract. Nodiversion or substitution of such key personnel shall be made bythe Design professional without the prior written consent of theOwner.

____________________________________________________

____________________________________________________

____________________________________________________

____________________________________________________

____________________________________________________

D. 1.3 Suspension. The Owner may give written notice to theDesign Professional to suspend work on the project or any partthereof. The Owner shall not be obligated to consider a claim foradditional compensation if the Design Professional is givenwritten notice to resume work within 120 calendar days. If noticeto resume work is not given within 120 calendar days, the DesignProfessional shall be entitled to an equitable adjustment in com-pensation.

D. 1.4 Subcontracts. The Design Professional will cause allapplicable provisions of this Agreement to be inserted in all itssubcontracts.

D. 1.5 Disputes. In the event of a dispute arising under thisAgreement, the Design Professional shall notify the Ownerpromptly in writing and submit its claim in a timely manner. TheOwner shall respond to the claim in writing in a timely manner.The Design Professional shall proceed with its work hereunder incompliance with the instructions of the Owner, but such compli-ance shall not be a waiver of the Design Professional’s rights tomake such a claim. Any dispute not resolved by this proceduremay be determined by a court of competent jurisdiction or byconsent of the Owner and Design Professional by other disputeresolution methods.

D. 1.6 Termination. The Owner may terminate this Agreementfor the Owner’s convenience or for failure of the Design Profes-sional to fulfill contract obligations. The Owner shall terminateby delivering to the Design Professional a Notice of Terminationspecifying the reason therefore and the effective date of termina-tion. Upon receipt of such notice, the Design Professional shallimmediately discontinue all services affected and deliver to theOwner all information, reports, papers, and other materials accu-mulated or generated in performing this contract whether com-pleted or in process. If the termination is for convenience of theOwner, the Owner shall be liable only for payment for acceptedservices rendered before the effective date of termination.

D. 1.7 Insurance. The Design professional shall carry Commer-cial or Comprehensive General Liability Insurance, ProfessionalLiability Insurance (for a period extending two years past the dateof completion of construction), and other insurance as are re-quired by law, all in minimum amounts as set forth below. TheDesign Professional shall furnish the Owner certificates of insur-ance and they shall state that a thirty day notice of prior cancel-lation or change will be provided to the Owner. Additionally, theOwner shall be an additional insured on all Commercial orComprehensive General liability policies.

Insurance Limits or Amount

____________________________________________________

____________________________________________________

____________________________________________________

____________________________________________________

D. 1.8 Retention of Rights. Neither the Owner’s review, ap-proval or acceptance of, nor payment for, the services requiredunder this contract shall be construed to operate as a waiver of anyrights under this contract or of any cause of action arising out ofthe performance of this contract, and the Design Professionalshall be and remain liable to the Owner in accordance with theapplicable law for all damages to the Owner caused by the Designprofessional ‘s negligent performance of any of the servicesfurnished under this contract.

Article E: Additional Requirements

E. 1.0 Contract Provisions Required by Federal Law or OwnerContract with the U.S. Department of Housing and Urban Devel-opment (HUD).

E. 1.1 Contract Adjustments. Notwithstanding any other term orcondition of this Agreement, any settlement or equitable adjust-ment due to termination, suspension or delays by the Owner shallbe negotiated based on the cost principles stated at 48 CFRSubpart 31.2 and conform to the Contract pricing provisions of 24CFR 85.36 (f).

E. 1.2 Additional Services. The Owner shall perform a cost orprice analysis as required by 24 CFR 85.36 (f) prior to theissuance of a contract modification/amendment for AdditionalServices. Such Additional Services shall be within the generalscope of services covered by this Agreement. The Design Profes-sional shall provide supporting cost information in sufficientdetail to permit the Owner to perform the required cost or priceanalysis.

E. 1.3 Restrictive Drawings and Specifications. In accordancewith 24 CFR 85.36(c)(3)(i) and contract agreements between theOwner and HUD, the Design Professional shall not require the useof materials, products, or services that unduly restrict competi-tion.

E. 1.4 Design Certification. Where the Owner is required byfederal regulations to provide HUD a Design Professional certi-fication regarding the design of the Projects (24 CFR 968.235),the Design Professional shall provide such a certification to theOwner.

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E. 1.5 Retention and Inspection of Records. Pursuant to 24 CFR85.26(i)(10) and (11), access shall be given by the Design Profes-sional to the Owner, HUD, the Comptroller General of the UnitedStates, or any of their duly authorized representatives, to anybooks, documents, papers, and records of the Design Professionalwhich are directly pertinent to that specific Contract for thepurpose of making an audit, examination, excerpts, and transcrip-tions. All required records shall be retained for three years afterthe Owner or Design Professional and other subgrantees makefinal payments and all other pending matters are closed.

E. 1.6 Copyrights and Rights in Data. HUD has no regulationspertaining to copyrights or rights in data as provided in 24 CFR85.36. HUD requirements, Article 45 of the General Conditionsto the Contract for Construction (form HUD-5370) requires thatcontractors pay all royalties and license fees. All drawings andspecifications prepared by the Design Professional pursuant tothis contract will identify any applicable patents to enable thegeneral contractor to fulfil the requirements of the constructioncontract.

E. 1.7 Conflicts of Interest. Based in part on federal regulations(24 CFR 85.36(b)) and Contract agreement between the Ownerand HUD, no employee, officer, or agent of the Owner (HUDgrantee) shall participate in selection, or in the award or admin-istration of a contract supported by Federal funds if a conflict ofinterest, real or apparent, would be involved.

Such a conflict would arise when:

(i) The employee, officer or agent,

(ii) Any member of his or her immediate family,

(iii) His or her partner, or

(iv) An organization that employs, or is about to employ, anyof the above, has a financial or other interest in the firm selectedfor award. The grantee’s or subgrantee’s officers, employees oragents will neither solicit nor accept gratuities, favors or anythingof monetary value from Contractors, or parties to sub-agree-ments. Grantees and subgrantees may set minimum rules wherethe financial interest is not substantial or the gift is an unsoliciteditem of nominal intrinsic value. To the extent permitted by Stateor local law or regulations, such standards or conduct will providefor penalties, sanctions, or other disciplinary actions for viola-tions of such standards by the grantee’s and subgrantee’s officers,employees, or agents or by Contractors or their agents. Theawarding agency may in regulation provide additional prohibi-tions relative to real, apparent, or potential conflicts of interest.

Neither the Owner nor any of its contractors or their subcontrac-tors shall enter into any Contract, subcontract, or agreement, inconnection with any Project or any property included or plannedto be included in any Project, in which any member, officer, oremployee of the Owner, or any member of the governing body ofthe locality in which the Project is situated, or any member of thegoverning body of the locality in which the Owner was activated,or in any other public official of such locality or localities whoexercises any responsibilities or functions with respect to theProject during his/her tenure or for one year thereafter has anyinterest, direct or indirect. If any such present or former member,officer, or employee of the Owner, or any such governing bodymember or such other public official of such locality or localitiesinvoluntarily acquires or had acquired prior to the beginning of

his/her tenure any such interest, and if such interest is immedi-ately disclosed to the Owner and such disclosure is entered uponthe minutes of the Owner, the Owner, with the prior approval ofthe Government, may waive the prohibition contained in thissubsection: Provided, That any such present member, officer, oremployee of the Owner shall not participate in any action by theOwner relating to such contract, subcontract, or arrangement.

No member, officer, or employee of the Owner, no member of thegoverning body of the locality in which the project is situated, nomember of the governing body of the locality in which the Ownerwas activated, and no other public official of such locality orlocalities who exercises any functions or responsibilities withrespect to the project, during his/her tenure or for one yearthereafter, shall have any interest, direct or indirect, in thiscontract or the proceeds thereof.

E. 1.8 Disputes. In part because of HUD regulations (24 CFR85.36(i)(1)), this Design Professional Agreement, unless it is asmall purchase contract, has administrative, contractual, or legalremedies for instances where the Design Professional violates orbreaches Agreement terms, and provide for such sanctions andpenalties as may be appropriate.

E. 1.9 Termination. In part because of HUD regulations (24 CFR85.36(i)(2)), this Design Professional Agreement, unless it is foran amount of $10,000 or less, has requirements regarding termi-nation by the Owner when for cause or convenience. Theseinclude the manner by which the termination will be effected andbasis for settlement.

E. 1.10 Interest of Members of Congress. Because of Contractagreement between the Owner and HUD, no member of ordelegate to the Congress of the United States of America orResident Commissioner shall be admitted to any share or part ofthis Contract or to any benefit to arise from it.

E. 1.11 Limitation of Payments to Influence Certain FederalTransaction. The Limitation on Use of Appropriated Funds toInfluence Certain Federal Contracting and Financial Transac-tions Act, Section 1352 of Title 31 U.S.C., provides in part that noappropriated funds may be expended by recipient of a federalcontract, grant, loan, or cooperative agreement to pay any person,including the Design Professional, for influencing or attemptingto influence an officer or employee of Congress in connectionwith any of the following covered Federal actions: the awardingof any federal contract, the making of any Federal grant, themaking of any federal loan, the entering into of any cooperativeagreement, and the extension, continuation, renewal, amend-ment, or modification of any federal contract, grant, loan, orcooperative agreement.

E. 1.12 Employment, Training, and Contracting Opportunitiesfor Low-Income Persons, Section 3 of the Housing and UrbanDevelopment Act of 1968.

A. The work to be performed under this contract is subject to therequirements of section 3 of the Housing and Urban DevelopmentAct of 1968, as amended, 12 U.S.C. 1701u (section 3). Thepurpose of section 3 is to ensure that employment and othereconomic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extentfeasible, be directed to low- and very low-income persons, particu-larly persons who are recipients of HUD assistance for housing.

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B. The parties to this contract agree to comply with HUD’sregulations in 24 CFR part 135, which implement section 3. Asevidenced by their execution of this contract, the parties to thiscontract certify that they are under no contractual or other im-pediment that would prevent them from complying with thepart 135 regulations.

C. The contractor agrees to send to each labor organization orrepresentative of workers with which the contractor has a collec-tive bargaining agreement or other understanding, if any, a noticeadvising the labor organization or workers’ representative of thecontractor’s commitments under this section 3 clause, and willpost copies of the notice in conspicuous places at the work sitewhere both employees and applicants for training and employ-ment positions can see the notice. The notice shall describe thesection 3 preference, shall set forth minimum number and jobtitles subject to hire, availability of apprenticeship and trainingpositions, the qualifications for each; and the name and locationof the person(s) taking applications for each of the positions; andthe anticipated date the work shall begin.

D. The contractor agrees to include this section 3 clause in everysubcontract subject to compliance with regulations in 24 CFRpart 135, and agrees to take appropriate action, as provided in anapplicable provision of the subcontract or in this section 3 clause,upon a finding that the subcontractor is in violation of theregulations in 24 CFR part 135. The contractor will not subcon-tract with any subcontractor where the contractor has notice orknowledge that the subcontractor has been found in violation ofthe regulations in 24 CFR part 135.

E. The contractor will certify that any vacant employmentpositions, including training positions, that are filled (1) after thecontractor is selected but before the contract is executed, and (2)with persons other than those to whom the regulations of 24 CFRpart 135 require employment opportunities to be directed, werenot filled to circumvent the contractor’s obligations under 24CFR part 135.

F. Noncompliance with HUD’s regulations in 24 CFR part 135may 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 excessof $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 AirAct (42 U.S.C. § 1857h-4 transferred to 42 USC § 7607, section508 of the Clean Water Act (33 U.S.C. § 1368), Executive Order11738, and Environmental Protection Agency regulations (40CFR part 15), on all contracts, subcontracts, and subgrants ofamounts in excess of $100,000.

E. 1.15 Energy Efficiency. Pursuant to Federal regulations (24C.F.R 85.36(i)(13)) and Federal law, except when working on anIndian housing authority Project on an Indian reservation, theDesign Professional shall comply with the mandatory standardsand policies relating to energy efficiency which are contained inthe state energy conservation plan issued in compliance with theEnergy Policy and Conservation Act (Pub. L. 94-163 codified at42 U.S.C.A. § 6321 et. seq.).

E. 1.16 Prevailing Wages. In accordance with Section 12 of theU.S. Housing Act of 1937 (42 U.S.C. 1437j) the Design Profes-sional shall pay not less than the wages prevailing in the locality,as determined by or adopted (subsequent to a determination underapplicable State or local law) by the Secretary of HUD, to allarchitects, technical engineers, draftsmen, and technicians.

E. 1.17 Non-applicability of Fair Housing Requirements in In-dian Housing Authority Contracts. Pursuant to 24 CFR section905.115(b) title VI of the Civil Rights Act of 1964 (42 U.S.C.2000d-2000d-4), which prohibits discrimination on the basis ofrace, color or national origin in federally assisted programs, andthe Fair Housing Act (42 U.S.C. 3601-3620), which prohibitsdiscrimination based on race, color, religion, sex, national origin,handicap, or familial status in the sale or rental of housing do notapply to Indian Housing Authorities established by exercise of aTribe’s powers of self-government.

E. 1.18Prohibition Against Liens. The Design professional is Pro-hibited from placing a lien on the Owner’s property. This prohibitionshall be placed in all design professional subcontracts.

Article F: Other Owner Requirements (if any)

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This Agreement is entered into as of the day and year first written above.

Owner Design Professional

______________________________________ ___________________________________________(Housing Authority) (Firm)

______________________________________ ___________________________________________(Signature) (Signature)

______________________________________ ___________________________________________(Print Name) (Print Name)

____________________________________________________ __________________________________________________________(Print Title) (Print Title)

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Addendum (If any)

(Additional Services and other modifications)

This is an Addendum to a Standard Form of Agreement between Owner and Design Professional signed and dated the __________ day

of ____________ in the year (yyyy) of ______ between the Owner ____________________________________ _____________________

and Design Professional _____________________________________________________________________________________ on

Project ___________________________________. The parties to that Agreement agree to modify the Agreement by the above

delineated Additional Services and modifications.

This Addendum is dated this ___________ day of __________________ in the year (yyyy) of ______.

Owner Design Professional

______________________________________ ___________________________________________(Housing Authority) (Firm)

______________________________________ ___________________________________________(Signature) (Signature)

______________________________________ ___________________________________________(Print Name) (Print Name)

____________________________________________________ __________________________________________________________(Print Title) (Print Title)

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