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R-80-320 - 8/28/1980WHEREAS, the City of Round Rock is in the process of administering the Community Development Block Grant.Program, and tect TEXAS ATTEST: WHEREAS, the Council desires the services of an archi- to render certain technical advice and assistance con- cerning the rehabilitation work, and WHEREAS, a proposed contract with R. Gill and Associates - has been submitted to the Council for its consideration, and WHEREAS, the Council wishes to enter into the contract with R. Gill and Associates, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, That the mayor is hereby authorized and directed to execute on behalf of the City, a contract with R. Gill and Associates, a copy of said contract being attached hereto and incorporated herein for all purposes. RESOLVED this 28th day of Augusj 1980. TONN, Mayor City of Round Rock, Texas NE LAND, Cit Secretary RESOLUTION NO. ,q(-20R LARRY L. TONN Mayor MIKE ROBINSON Mayor Pro -tem COUNCILMEMBERS LAWRENCE "HANK" HESTER GRAHAM HOWELL PETE CORREA JOE BAKER TRUDY L. LEE BOB BENNETT City Manager STEPHAN L. SHEETS City Attorney RANDY E. DREWETT Municipal Judge THE CITY OF ROUND ROCK 214 E. Main St. • AC 512-255-3612 • Round Rock, Texas 78664 TO: Bob Bennett City Manager "GOOD LIVING WITH A PROUD HERITAGE" MEMORANDUM FROM: Gilson H. Westbrook Community Development Coordinator DATE: August 26, 1980 SUBJECT: Selection of architectural firm for Housing Enrichment Loan Program (HELP) I have reviewed the capabilities of the following architectural firms with regard to providing consulting services in the HELP project: R.Gill and Associates, Round Rock Nutt Wolters and Associates, Austin Shiver - Megert and Associates, Austin Each firm was evaluated on their technical ability, experience, accessibility, cost of services, and knowledge of Round Rock community. It is my judgement that Ray Gill and Associates will best provide the services needed for the project. Services to be provided include: - Initial housing inspection and a detailed write -up of all needed repairs, including cost. - Preparation of detailed plans and specifi- cations for rehabilitation work to be performed. - Service as an inspector and consultant on disputes out of work performed in connection with the HELP project. The maximum compensation shall in no event exceed thirteen thousand dollars ($13,000.00) but not less than ten thousand dollars ($10,000.00). If the City achieves its housing rehabilitation goal of thirty -five units, the cost per unit will be $371.43, far below the national average of $485.00 per unit, and $440.00 per unit in the Austin Redevelopment Authority. The Austin Redevelopment Authority anticipates a 33% increase in its cost per unit. The project cost for the current year is $585.00. 4,71r1 Gilson H. Westbrook Community Development Coordinator City of Round Rock -2- Firm R. Gill and Associates Technical Ability Nutt Wolters and Associates Good Shiver - Megert and Associates Very Good Evaluation of Architectural Firms Knowledge of Experience Accessibility Cost Community Good Very Good Over 3 years Good. Low None Fair Less than Poor High 3 years Over 3 years Good Medium Technical Ability: Recommendation of Austin Redevelopment Authority, contractors, and others with knowledge of the firms to carry out housing rehabilitation work with HUD funds. Experience: Years experience of key staff members in HUD assisted work. Accessibility: Day in which initial contract was made with person in charge of firms operation. -3- ROUND ROCK HOUSING ENRICHMENT LOAN PROGRAM ARCHITECTURAL SERVICES CONTRACT PART I - AGREEMENT This Agreement made and entered into as of the 1st day of 49 41) by and between the City of Round Rock, Texas, hereinafter referred to as the "City ", andR. Gill & Associates, hereinafter referred to as the "Architect ". WITNESSETH: WHEREAS, the City is in the process of administering the Community Development Block Grant Program; and, WHEREAS, the City desires the Architect to render certain technical advice and assistance concerning the rehabilitation work in connection with said programs in order that the work might progress in a timely manner; NOW, THEREFORE: the City retains the Architect as a consultant and J # as a Housing Inspector for the City and the Architect accepts that employment s upon the following terms and conditions: 1. Scope of Services as a Housing Inspector on Job Write -ups. The Architect agrees to furnish and perform in a satisfactory and professional manner-Housing Inspection services pertaining to the preparation of work write -ups in connection with the above -named programs. Said services shall include, without limiting the generality of the foregoing, the following: (a) Upon assignment of a single - family residence, or a multi - family dwelling with the name, address and telephone number of the person or persons to contact, i.e. the owner, the occupant, the manager, etc., as the case may be, hereinafter referred to as the "Owner ", the Architect shall establish a mutually acceptable appointment for the initial interior and exterior inspection of the property. Said property inspection shall take into account all minimum property standards established by the City of Round Rock, all health and safety conditions contained in the approved Standard Housing Code of the City of Round Rock and all minimum property standards established by the Department of Housing and Urban Development and published in the approved "Minimum Design Standards for Rehabilitation of Residential Properties ", as revised. (b) In accordance with the inspection and minimum property standards, the Architect shall develop a list of items requiring repair or reconstruction on a work write -up form acceptable to the City. Said list shall include any extra items requested by the owner of the property, provided these additional items are clearly marked as such and meet applicable federal guidelines. (c) The Architect shall perpare and furnish to the City an estimate of the cost of the overall work required based on the work write -up. Said cost estimate shall include all items of construction and repair together with estimated profit and overhead. (d) Where work is of a specific nature or includes items requiring details, the Architect shall prepare, as a part of the work write -up, appropriate drawings, floor plans and /or details necessitated by.the work, in a manner acceptable to the City. (e) If the Architect determines during the initial property inspection that the structure is dilapidated or beyond repair, the Architect shall notify the City in writing immediately and shall expend no further effort until such a time as the City, after review, authorizes the Architect to proceed with work on said pr"operty. (f) The architect shall prepare Cost Effective Energy Conservation Standards along with the minimum property standard for each unit. (g) Each assignment shall be completed and submitted to the City no later than 30 calendar days after the date of assignment for each single family residence and not later than one hundred twenty (120) calendar days after the date of assignment for each multi - family dwelling. 2. Scope of Services as an Architect. The Architect agrees to furnish and perform in a satisfactory and professional manner detailed plans and specifications for each unit in which the loan commitment is over $2,500.00. Said services shall include the following: (a) Upon approval of loan commitment, the Architect shall be furnished with the name, address and telephone number of the owner, together with a copy of the loan agreement. (b) The Architect shall prepare detailed construction documents based on the loan agreement. (c) The Architect shall submit final plans and specifications to the owner, lender, and City for approval. (d) The Architect shall assist the City of Round Rock in receiving bids from contractors for each project. -2- (e) After bids are received, the Architect shall review bids and ' 'make recommendations to the owner and City of the "best bid. r (f) After the bids are accepted, the Architect shall prepare a contract for construction work. 3. Scope of Services as an Inspector. The Architect agrees to furnish . and perform in a satisfactory and professional manner all construction inspec- • tion services in connection with the above -named program. Said services shall include, without limiting the generality of the foregoing, the following: (a) The Architect shall hold a pre- construction conference with the owner, the rehabilitation construction contractor and any other interested party prior to commencement of rehabilitation work. (b) Inspections shall be coordinated with the rehabilitation construction contractor and shall be performed, as a minimum, at the following intervals: i. at one -third completion ii. at two - thirds completion iii. final inspection iv. at 100% completion v. follow - up, thirty days from and after 100% completion The rehabilitation construction contractor shall be responsible for notifying the Architect of the various stages of completion. (c) During each inspection stage set forth above, the Architect shall inform the rehabilitation construction contractor in writing of any discrep- ancies noted between the work performed and the work required by the work write -up and shall provide the City with a copy of said written report. (d) After the rehabilitation construction contractor requests the final inspection, the Architect shall make a detailed inspection of the property and prepare a written punch list of all unfinished or defective work. A copy of said punch list shall be furnished to the rehabilitation construction con- tractor and the City. 4. Scope of Services as a Consultant on Disputes. The Architect agrees to furnish and perform in a satisfactory and professional manner all consul- tant services pertaining to disputes arising out of work performed in connec- tion with the above -named programs. Said services shall include, without limiting the generality of the foregoing, the following: ° (a) When a dispute arises between a contractor who has performed reha- r R F 1 bilitation services in connection with the above -named programs and the owner of the rehabilitated property, all information pertaining to the dispute, -3- including a copy of the rehabilitation contract and the work write -up, shall be furnished to the Architect by the City. (b) Upon receipt of such information, the Architect shall contact the property owner and set up an appointment for an on -site inspection. (c) The Architect shall make a determination regarding the disputed matter and shall make a written report to the City detailing his findings and recommendations. 5. Construction Documents. The Architect shall furnish a total of ten (10) copies of the construction documents of each unit. All copies over ten (10) will be reimbursed to the Architect at his actual cost. 6. Compensation for Services. The City agrees to pay to the Architect for the performance of the above - described services the sums of money set forth in the following fee schedule: Service Compensation Maximum Compen- Per Hour sation Per Par- cel or Per Unit (a) Housing Rehabilitation i.Inspection ii.Write -up iii.Construction Documents iv.Pre- construction Conference v.Construction Inspection (b) Disputes and Change Orders TOTAL $25.00 25.00 25.00 25.00 25.00 $125.00 100.00 200.00 25.00 50.00 25.00 100.00 600.00 7. Payment. Payments for Basic Services shall be made monthly and shall be in proportion to services performed within each Phase of services, on the basis set forth in Article 6. Write -ups 10% Inspections 20% Construction Documents 40% • Pre - Construction Conference 5% Construction Inspection 25% In addition, the City agrees to pay the Architect at a rate of twentyfive'dol:lars ($25.00) per hour;for all special or additional consultant services requested ' by the City and not addressed in the Scope of Services sections of this t contract. 4 x 8. Maximum Compensation. It is expressly understood and agreed that the total compensation to be paid under this contract shall in no event exceed thirteen thousand and no /100 Dollars ($13,000.00) and shall not be less than ten thousand and no /100 Dollars ($10,000.00) total for the term of this contract. -4- �.. It is 'further expressly understood and agreed that the Architect shall perform the above described services to twenty -six (25) parcels or units within the agreed maximum compensation under this contract. 9. Term. This contract is for a period from September 1, 1980 to August 31, 1981. 10. Conflict of Interest. It is expressly understood and agreed that the Architect shall not be eligible to place bids with the City as a rehabilitation construction contractor on any of the properties for which consultant or inspection servides are performed. 11. Terms and Conditions. This contract is subject to and does hereby incorporate herein the provisions attached hereto as Part II- Terms and Conditions. ATTEST: Executed in duplicate originals on this day, Joanne Land, City Secretary 4 11 The Cit of •. nd Ro,. �: — _ k� Larry . Tonn Mayor tes, AIA, Architects PART II - TERMS AND CONDITIONS 1. Executive Order No. 11246. During the performance of this contract, the Contractor agrees as follows: (a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termina- tion; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City of Round Rock setting forth the provisions of this nondiscrimination clause. (b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (c) The Contractor will send to each labor union or represen- tative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the labor union or worker's representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The Contractor will furnish all information and reports required by Executive order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department of Housing and Urban Debelopment and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the Contractor's noncompliance with the non- discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineli- gible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as proveded in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The contractor will include the portion of the sentence im- mediately preceding paragraph (a) and the provisions of paragraphs " (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department Of Housing and Urban Development may direct as a means of enforcing such provisions including sanctions for noncompliance; 'PROVIDED, HOWEVER, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department the Contractor may request the United States to enter into such liti- gation to protect the interest of the United States. 2. Section 3 of the Housing and Urban Development Act of 1968. During the performance of this contract, the Contractor agrees as follows: (a) The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to requirements of section 3 of the Housing and Urban Development Act of 1968, as amended. 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns with are located in, or owned in substantial part by persons residing in the area of the project. (b) The parties to the contract will comply with the provisions of said section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued there -. under prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disablility which would prevent them from complying with these require- ments.-.. (c), The contractor will send to each labor organization or repre- sentative of workers with which he has a collective bargaining agreement " or other contract or understanding, if any, a notice adivising the said labor organization or workers' representative of his commitments under this section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. (d)f The contractor,will °include this section 3 clause in every subcontract for,,work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, 4 ,take appropriate action pursuant to the subcontract upon a finding the the subcontractor_is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. (e) Compliance with the provisions of section 3, the regulations set forth in 24 CFR Part 135, and all,applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assis- tance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcon- tractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assis- tance is provided, and to such sanctions as are specified by 24 CFR Part 135. 3. Termination of Contract for Cause. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the City whall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Contractor under this Contract shall, at the option of the City become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the City from the Contractor is determined. 4. Termination for Convenience of City. The City may terminate this Contract any time by a notice in writing from the City to the Contractor. If the Contractor is terminated by the City as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made: Provided, however, that if less than 'sixty per cent of the services covered by this Contract have been per- formed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out -of- pocket expenses (not otherwise reimbursed under this Contract) incurred by the Contractor during the Contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the Contractor, Section 3 hereof relative to termination shall apply. f � • 5. Termination by Contractor. The Contractor may terminate this Contract by giving thirty (30) days written notice to the City. 6. Changes. The City may, from time to time, request changes in the scope of the services of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of the Con- tractor's compensation, which are mutually agreed upon by and between the City and the Contractor, shall be incorporated in written amendments to this contract. 7. Personnel. a. The Contractor represents that he has, or will secure at his own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the City. b. All the services required hereunder will be performed by the Contractor or under his supervision and all personnel engaged in the work whall be fully qualified and shall be authorized or per- mitted under State and local law to perform such services. 8. Compliance With Local Laws. The Contractor shall comply with all applicable laws, ordinances, and codes of the State and local governments, and shall commit no trespass on public or private property in performing any of the work embraced by this Contract. 9. Subcontracting. The Contractor shall be as fully responsible to the City for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The Contractor shall insert in each subcontract appropriate provisions requiring compliance with Executive Order No. 11246 and Section 3 of the Housing and Urban Development Act of 1968. 10. Assignability. The Contractor shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of the City: Provided, however, that claims for money due or to become due the Contractor from the City under this Contract may be assigned to a bank, trust company, or other financial institution, or to a Trustee in Bankruptcy without such approval. 11. Interest of Members of the City. No member of the governing body of the City and no other officer, employee or agent of the City who exer- cises any functions or responsibilities in connection with the carrying out of the Project to which this Contract pertains, shall have any personal interest, direct or indierct, in this Contract. 12. Interest of Other Local Public Officials. No member of the governing body of the locality in which the project area is situated, and no other public official of such locality, who exercises any functions or respon- sibilities in the review or approval of the carrying out of the Project to which this Contract pertains, shall have any personal interest, direct or indirect, in this Contract. 13. Interest of Certain Federal Officials. No member of or Delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Contract or to any benefit to arise herefrom. 14. Interest of Contractor. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in any designated Urban Renewal Project Area or in any parcels being considered for the Housing Rehabilitation Programs or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The Contractor further covenants that in the per- formance of the Contract no person having any such interest shall be employed. 15. Findings Confidential. All of the reports, information, data, etc., prepared or assembled by the Contractor under this Contract are confi- dential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. 16. Access to Records. The City, the Department of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Contractor which are directly pertinent to this Contract, for the purpose of making audit, examination, excerpts, and transcriptions. Contractor shall maintain all required records for three years after receipt of final payment hereunder and after all other pending matters are closed.