COUNTY OF PUTNAM - PURCHASING PAGE: 1

PUTNAM COUNTY OFFICE BUILDING, 40 GLENEIDA AVENUE, ROOM 105, CARMEL NY 10512

TELEPHONE: 845-808.1088

ENGINEERING SERVICES FOR ADA SIDEWALKS (HUD SUPPORTED)

RFQ NUMBER:

RFQ-01-2026

9-14-2016R

REQUEST FOR QUALIFICATIONS

REQUEST FOR QUALIFICATIONS DISTRIBUTION:

The County of Putnam officially distributes Request for Qualifications documents from the Purchasing Department or through the Empire State Purchasing Group Bid Notification System. Copies of documents obtained from any other source are not considered official copies. If you have obtained this document from a source other than the mentioned above, it is recommended that you obtain an official copy. You may obtain an official copy by registering on the Empire State Purchasing Group’s Regional Bid Notification System www.empirestatebidsystem.com.

CLOSING DATE FOR THE REQUEST FOR QUALIFICATIONS IS 1:00 PM, LOCAL TIME, ON

FRIDAY, AUGUST 14, 2026.

Putnam County is requesting Statements of Qualification (SOQ) from qualified engineering firms to provide professional design, ROW, environmental and construction support services for three new sidewalk projects to improve pedestrian safety. No costs are to be included. This is a Request for

Qualifications ONLY.

QUESTIONS:

All inquiries related to this Request for Qualifications are to be submitted to Alexis Hawley, Purchasing Department at: Alexis.Hawley@putnamcountyny.gov

Deadline for submission of questions is Wednesday, August 5, 2026 by 5:00 pm. Answers will be given via addenda issued in response to the questions received.

http://www.empirestatebidsystem.com/

COUNTY OF PUTNAM - PURCHASING PAGE: 2

TELEPHONE: 845-808.1088

ENGINEERING SERVICES FOR ADA SIDEWALKS (HUD SUPPORTED)

RFQ NUMBER:

RFQ-01-2026

9-14-2016R

PURPOSE OF REQUEST FOR QUALIFICATIONS (RFQ)

Putnam County is requesting Statements of Qualification (SOQ) from qualified engineering firms to provide professional design, ROW, environmental and construction support services for three new sidewalk projects to improve pedestrian safety. No costs are to be included. This is a Request for Qualifications ONLY.

The County intends to select one qualified design firm to provide complete design and construction phase professional services. NYSDOT design standards must be followed.

Proposers must offer a SOQ that will meet the scope of services, qualifications, and general description of work activities identified in this Request for Qualifications (“RFQ”).

FUNDING AND COMPLIANCE

Funding for this project is being provided through a US Department of Housing and Urban Development Office of Community Planning and Development Federal Grant. The selected design firm shall comply with all applicable federal, state and local requirements.

Section 3 of the HUD Act of 1968 seeks to foster local economic development, neighborhood economic improvement and individual self-sufficiency. Section 3 businesses under the HUD Act are encouraged to submit a Statement of Qualifications as any responsive, responsible business that qualifies as a Section 3 business concern will be given a preference during evaluation. Any respondent selected for this project will be responsible for ensuring compliance with all Section 3 requirements, including, but not limited to, the hiring and contracting decisions made on the project.

The awarded consultant will be required to comply with and complete forms relative to all applicable federal, state and local requirements including, but not limited to:

• 2 CFR Part 200

• HUD grant requirements

• Section 3 requirements

• NYSDOT Design Standards

• HUD, State and County forms & certifications

• County Insurances

• HUD contract T&Cs (attached) and any County amendments

COUNTY OF PUTNAM - PURCHASING PAGE: 3

TELEPHONE: 845-808.1088

ENGINEERING SERVICES FOR ADA SIDEWALKS (HUD SUPPORTED)

ISSUING OFFICE AND RFQ REFERENCE NUMBER

The County of Putnam’s Purchasing Department is the issuing office for this document and all subsequent addenda relating to it. The reference number for the transaction is solicitation RFQ-01- 2026.

LENGTH OF CONTRACT

Design is expected to commence in Fall 2026 with construction expected to start in Spring 2028.

The County of Putnam reserves the right to review contract(s) on a regular basis regarding performance and cost analysis and may negotiate price and service elements during the term of the contract.

CONTRACT TERM – RENEWAL

In addition to any stated renewal periods in the Contract, any contract or unit portion thereof let by the Director of Purchasing may be extended by the Director of Purchasing for an additional period(s) of up to one year (cumulatively) with the written concurrence of the Contractor.

STANDARD CONTRACT TERMS AND CONDITIONS AND DEFINITIONS

Any contract resulting from this RFQ will include the Terms and Conditions in the “Model Form of Agreement Between Owner and Design Professional” and the associated contract provisions, forms and certifications required by Law.

Exceptions to these Terms and Conditions must be submitted with the qualification response.

Exceptions, additions, service level agreements, etc., submitted after the date and time for receipt of qualifications will not be considered.

The County retains the right to refuse to negotiate on exceptions should the exceptions be excessive and not in the best interest of the County.

If negotiations are required, contractor must provide all documents in Microsoft WORD format for redline editing. Offeror must provide the name, contact information, and access of the person(s) that will be directly involved in legal negotiations.

COUNTY OF PUTNAM - PURCHASING PAGE: 4

TELEPHONE: 845-808.1088

ENGINEERING SERVICES FOR ADA SIDEWALKS (HUD SUPPORTED)

CONFIDENTIAL/TRADE SECRET INFORMATION

The County of Putnam is subject to New York State’s Freedom of Information Law (FOIL) which mandates public access to government records not otherwise subject to exemption.

Vendors should be aware that pertinent facts relating to their SOQs, excluding trade secrets or proprietary information, could potentially be released upon selection of the successful vendor.

Should your submission for this RFQ contain “trade secrets” or other information that the disclosure of which could reasonably be expected to be harmful to business interests, you must ensure that such information is clearly identified and marked as such. Identification must be specific by item or paragraph.

Marked information will be treated as Confidential Third-Party Information. Should marked information be the subject of a request under FOIL, you may be requested either to consent to the request or make representation explaining why the information should not be disclosed.

SELECTION PROCEDURE

Based on a County committee review and evaluation of the Statements received, the County will rank the firms that respond and select the firm ranked as most qualified to meet the project needs.

Contract negotiations will commence with the most qualified firm to establish an acceptable scope of services, total cost and project schedule. If the County and the most qualified firm cannot agree, the County, at its sole discretion, can start negotiations with the second ranked firm, and so on through the top three ranked firms.

The selection and retention of a consultant will be contingent upon the availability of the proposed key staff unless substitutes are approved by the County during negotiations.

The top ranked firms may be requested to prepare and give oral presentations before the County evaluation committee.

COUNTY OF PUTNAM - PURCHASING PAGE: 5

TELEPHONE: 845-808.1088

ENGINEERING SERVICES FOR ADA SIDEWALKS (HUD SUPPORTED)

BACKGROUND

The project will design and ultimately construct (under separate contract) three sidewalk sections within Putnam County, leading to greater connectivity and pedestrian safety. Two sidewalks will be constructed adjacent to school districts, while the other sidewalk will be located along a heavily trafficked commercial corridor. Associated improvements include drainage work, crosswalks and ADA ramps, curbing, removal and relocation of utility and road signs, and right of way property acquisition.

SCOPE OF SERVICES

Route 312 & Farm to Market Road Proposed Sidewalk

Putnam County is proposing a new sidewalk to be built encompassing the area surrounding Henry H.

Wells Middle School in Brewster, New York. One segment will be approximately 800’ along Route 312 between Farm to Market Rd and North Brewster Rd. Additionally, another segment would be roughly 1260 feet long starting from the west side of the South entrance (where there is an existing sidewalk going from the street to the school spanning west), then taking a turn north on Farm to Market Road spanning until the first entrance of the bus garage. It will additionally redesign an existing crosswalk in a heavily trafficked area to make it more accessible and easier to operate. Any required drainage improvements will also be included. This project seeks to increase pedestrian safety in the area, particularly for students in the Brewster Central School District

Baldwin Place Road New Proposed Sidewalk

Putnam County is proposing a new 5-foot sidewalk to be built on Baldwin Place Road between Drago Lane and Gleneida Court, which runs between Mahopac Middle School. Upon observation, multiple students have been observed walking on the shoulder of the road in this area. There will also be high visibility crosswalks and ADA ramps added at crossings, and drainage improvements. This project seeks to increase the pedestrian safety in the area, particularly for students in the Mahopac Central School District.

Secor Road Proposed Sidewalk

Putnam County is proposing a new sidewalk to be built along Secor Road, between 23 Secor Road and 55 Secor Road, located in Mahopac Hills New York. This is a highly commercial area with a large residential community living on the opposite side of Secor Road. The new 5-foot sidewalk located on the south side of the roadway would be roughly 875 feet and provide access to the commercial buildings along the road. High visibility crosswalks and ADA ramps at the crossing will be included.

COUNTY OF PUTNAM - PURCHASING PAGE: 6

TELEPHONE: 845-808.1088

ENGINEERING SERVICES FOR ADA SIDEWALKS (HUD SUPPORTED)

The project would additionally realign existing sidewalks and construct/formalize parking entrances, while any required drainage improvements will be made. The project seeks to provide formal sidewalks and crossings so there is safe pedestrian access from residential neighborhoods to local businesses located on Secor Road.

REQUIREMENTS, RESPONSE FORMAT AND SUBMISSION

The Statement of Qualifications must include:

1. Statement indicating firm’s interest in providing design, right-of-way and construction support services for the project and how you are uniquely qualified to undertake the required engineering services.

2. Firm brochure outlining the firm’s background and experience. If subconsultants are proposed, a similar brochure shall be submitted.

3. A listing and brief narrative description of no more than five (5) projects involving similar type services provided to municipal entities within the last 5 years. Indicate whether any of the projects have been HUD funded. References with names, titles and email addresses must be included for the projects.

4. A project organization chart indicating key personnel to be assigned to the project.

Subconsultant personnel should be included as appropriate. State the location of the office from which work is to be accomplished. Limit key personnel to no more than seven (7) names. Indicate if any of the key personnel have previously engineered any HUD funded projects for other municipal entities.

5. Include resumes of all personnel noted on the project organization chart. Also indicate current and projected workload of the key personnel included. Design is anticipated to begin in Fall 2026.

6. A project approach addressing the scope of work.

7. This is a HUD funded project. Please indicate if you or your subconsultant(s) qualify as a

Section 3 business concern.

8. Value Added Considerations. If desired, provide additional information regarding the firm which are not specifically requested but which enhance the Offeror’s SOQ.

9. Protected Information. All protected information must be included in this section of SOQ response. Do not incorporate protected information throughout the SOQ. Rather, provide a reference in the SOQ response directing reader to the specific area of this Protected Information section. Protected information would include any information that is legally protected, such as trade secrets or confidential commercial information.

COUNTY OF PUTNAM - PURCHASING PAGE: 7

TELEPHONE: 845-808.1088

ENGINEERING SERVICES FOR ADA SIDEWALKS (HUD SUPPORTED)

RFQ NUMBER:

RFQ-01-2026

9-14-2016R

STATEMENT OF QUALIFICATIONS EVALUATION CRITERIA

An Evaluation Committee will evaluate SOQs against the following weighted criteria. Each area of the evaluation criteria must be addressed in detail in the SOQ.

WEIGHT EVALUATION CRITERIA

25 points Understanding of the work to be done 25 points Experience with similar kinds of projects and/or work 20 points Quality of Staff for Work to be Done 15 points Familiarity with HUD grant requirements 5 points Logistics and familiarity with the project areas

SUBMITTING YOUR SOQ

By submitting a SOQ in response to this RFQ, offeror is acknowledging that the requirements, scope of work, and the evaluation process, outlined in the RFQ are fair, equitable, not unduly restrictive, understood and agreed to. Any exceptions to the content of the RFQ must be protested to the Director of Purchasing prior to the closing date and time for submission of the SOQ.

SOQs may be submitted electronically through BidNet or in hard copy but no matter, all SOQs must be submitted no later than Friday, August 14, 2026 at 1 pm.

Hard copies can be mailed to the Putnam County Purchasing Department, 40 Gleneida Avenue, Room 105, Carmel, NY. 10512. Only one unbound, hard copy is required and the sealed envelope should be marked RFQ-01-2026 – ENGINEERING SERVICES FOR ADA SIDEWALKS (HUD SUPPORTED. SOQs must be received by the posted due date and time. SOQs received after the deadline will be late and ineligible for consideration.

AWARD OF CONTRACT

Award shall be made to the offeror whose SOQ(s) is the highest scoring taking into consideration the evaluation factors set forth in this request for SOQs.

U.S. Department of Housing and Urban Development Office of Public and Indian Housing

OMB Approval No. 2577-0157 (exp. 11/30/2023)

Model Form of Agreement Between Owner and Design Professional form HUD-51915 (1/2014) Previous editions are obsolete

SAMPLE

form HUD-51915 (9/98) ref. Capital Fund Guidebook Previous editions are obsolete Page 1 of 11

Model Form of Agreement Between Owner and Design Professional

U. S. Department of Housing and Urban Development Office of Public and Indian Housing

OMB Approval No. 2577-0157 (exp. 3/31/2020)

Public reporting burden for this collection of information is estimated to average 3 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not conduct or sponsor,and an applicant is not required to respond to a collection of information unless it displays a currently valid OMB control number. These contracts between a HUD grantee (housing agency (HA)) and an architect/engineer (A/E) for design and construction services do not require either party to submit any materials to HUD. The forms provide a contractual agreement for the services to be provided by the A/E and establishes responsibilities of both parties pursuant to the contract. The regulatory authority is 2 CFR 200. These contractual agreements are required by Federal law or regulation pursuant to 2 CFR Part 200. Signing of the contracts is required to obtain or retain benefits. The contracts do not lend themselves to confidentiality.

Table of Contents Page Introduction 3

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

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

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

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

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

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

Article C: Responsibilities 6 C. 1.0 Design Professional's Responsibilities 6 C. 1.1 Basic Services 6 C. 1.2 Additional Services 6 C. 1.3 General Responsibilities 6 C. 1.4 Designing within Funding Limitations 7 C. 1.5 Compliance with Laws, Codes, Ordinances and Regulations 7 C. 1.6 Seal 7 C. 1.7 Attendance at Conferences 7 C. 2.0 Owner's Responsibilities 7 C. 2.1 Information 7 C. 2.2 Notice of Defects 7 C. 2.3 Contract Officer 7 form HUD-51915 (9/98) ref. Handbooks 7417.1, 7450.1 & 7460.8Previous editions are obsolete

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

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

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

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

Article F: Other Requirements (If any) 11

Execution of Agreement 11

Addendum (If any) 1

Introduction to Agreement

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.

form HUD-51915 (1/2014) Previous editions are obsolete Page 3 of 11

Article A: Services A 1.0 Design Professional's Basic Services Drawings sufficient to fix and illustrate project scope ando character in all essential design elementsA. 1.1 Areas of Professional’s Basic Services. Unless revised in a written addendum or amendment to this Agreement, in plan-ning, o Outline specifications designing and administering construction or rehabilitation of the Cost estimates and analysiso Project, the Design Professional shall provide the Owner o Recommendations for phasing of constructionwith professional services in the following areas:

Site plan(s)o o Architecture Landscape plano o Site Planning o Floor plans o Structural Engineering o Elevations, building and wall sectionso Mechanical Engineering o Updated three dimensional line drawingso Electrical Engineering

Engineering drawingso o Civil Engineering o Landscape Architecture

A. 1.2.3 Bidding, Construction and Contract Document Phase. Aftero Cost Estimating receipt of the Owner’s written approval of Design Develop-ment o Construction Contract Administration Documents, the Design Professional shall prepare Con-struction Documents. After consultation with the Owner and Owner’s attorney, if requested by the owner, the Design Profes-A 1.2 Phases and Descriptions of Basic Services.

sional shall also prepare and assemble all bidding and contractA. 1.2.1 Schematic Design/Preliminary Study Phase. After re- documents. The Design Professional shall revise these Bidding,ceipt of a Notice to Proceed from the Owner, the Design Profes- Construction and Contract documents consistent with the re-sional shall prepare and deliver Schematic Design/Preliminary quirements and criteria established by the Owner to secure theStudy Documents. These documents shall consist of a presenta- Owner’s written approval. They shall, include in a detailed,tion of the complete concept of the Project, including all major manner all work to be performed; all material; workmanship;elements of the building(s), and site design(s), planned to pro- finishes and equipment required for the architectural, structural,mote economy both in construction and in administration and to mechanical, electrical, and site work; survey maps furnished bycomply with current program and cost limitations. The Design Owner; and direct reproduction of any logs and subsurface soilProfessional shall revise these documents consistent with the investigations. These documents shall include:requirements and criteria established by the Owner to secure the o Solicitation for BidsOwner’s written approval. Additionally, the Design Professional shall make an independent assessment of the accuracy of the o Form of Contract information provided by the Owner concerning existing condi- o Special Conditions tions. Documents in this phase shall include: o General Conditions o Site plan(s) o Technical Specifications o Schedule of building types, unit distribution and bedroom o Plans and drawingscount o Updated cost estimatesScale plan of all buildings, and typical dwelling unitso

Wall sections and elevationso A. 1.2.4 Bidding and Award Phase. After written approval of o Outline specifications Bidding, Construction and Contract Documents from the Owner, the o Preliminary construction cost estimates Design Professional shall assist in administering the bidding

Project specific analysis of codes, ordinances ando and award of the Construction Contract. This shall include:

regulations Three dimensional line drawingso o Responding to inquires o Drafting and issuing addendum approved by Owner A. 1.2.2 Design Development Phase. After receipt of written o Attending prebid conference(s) approval of Schematic Design/Preliminary Study Documents, the o Attending public bid openings Design Professional shall prepare and submit to the Owner De- o Reviewing and tabulating bidssign Development Documents. The Design Professional shall o Recommending list of eligible bidsrevise these documents consistent with the requirements and criteria established by the Owner to secure the Owner’s written o Recommending award approval. These documents shall include the following: o Altering drawings and specifications as often as required to award within the Estimated Construction Contract Cost form HUD-51915 Previous editions are obsolete (1/2014)Page 4 of 11

A. 1.2.5 Construction Phase. After execution of the Construction Contract, the Design Professional shall in a prompt and timely manner administer the Construction Contract and all work re-quired by the Bidding, Construction and Contract Documents. The Design Professional shall endeavor to protect the Owner against defects and deficiencies in the execution and performance of the work. The Design Professional shall:

A. 1.2.6 Post Completion/Warranty Phase. After execution of the Certificate of Completion by the Owner, the Design Professional shall:

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

o Perform an inspection of construction work, material, systems and equipment no earlier than nine months and no later than ten months after completion of the construction contract and make a written report to the Owner. At the Owner’s request, and by Amendment to the Additional Services section of this contract, conduct additional war-o Administer the Construction Contract.

o Conduct pre-construction conference and attend dispute resolution conferences and other meetings when requested by the Owner.

o Review and approve contractor’s shop drawings and other submittals for conformance to the requirements of the ranty inspections as Additional Services.

contract documents. o Advise and assist Owner in construction matters for a period up to eighteen months after completion of the project, but such assistance is not to exceed forty hours of service and one nonwarranty trip away from the place of business of the Design Professional.

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 furnish a written field report weekly, semi monthly, monthly, or This service shall be limited to a period amounting to 110% of the construction period as originally established under the construction contract unless construction has been delayed due to the Design professional’s failure to properly perform its duties and responsibilities. The Owner may direct addi-

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

o Schematic Design/Preliminary Study Documents within calendar days for the date of the receipt of a tional monitoring but only as Additional Services. Notice to Proceed.

o Require any sub-consultant to provide the services listed in this section where and as applicable and to visit the Project during the time that construction is occurring on the portion of the work related to its discipline and report in writing to the Design Professional.

o Design Development Documents within calendar o days from the date of receipt of written approval by the Owner of Schematic Design/Preliminary Study documents.

Bidding, Construction and Contract Documents within calendar days from the date of receipt of written o Review, approve and submit to Owner the Contractor Requests for Payment.

approval by the Owner of Design Development Docu-ments.

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

A. 2.0 Design Professional's Additional Services

A. 2.1 Description of Additional Services. Additional Services are all those services provided by the Design Professional on the Project for the Owner that are not defined as Basic Services in Article A, Section 1.2 or otherwise required to be performed by the Design Professional under this Agreement. They include major revisions in the scope of work of previously approved drawings, specifications and other documents due to causes beyond the control of the Design Professional and not due to any errors, omissions, or failures on the part of the Design Professional to 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 agreement shall be agreed to through either a written addendum or amend-ment to this Agreement.

o Make modifications to Construction Contract Documents to correct errors, clarify intent or to accommodate change orders.

o Make recommendations to Owner for solutions to special problems 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 the Contractor.

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

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

Prepare a set of reproducible record prints of Drawings showing significant changes in the work made during construction, including the locations of underground utili-ties and appurtenances referenced to permanent surface improvements, based on marked-up prints, drawings and other data furnished by the contractor to the Design Pro-fessional.

o

Article B: Compensation and Payment B.

1.0 Basic Services

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

Previous editions are obsolete Page 5 of 11 form HUD-51915 (1/2014) payment shall be compensation for all Basic Services required, maximum amount; each such amendment or addendum shall also performed, or accepted under this Contract. provide for a method of payment, including, at a minimum, whether payment will be made in partial payments or in lump sum andB. 1.2 Payment Schedule. Progress payments for Basic Services for whether it will be based upon percentage of completion oreach phase of work shall be made in proportion to services services billed for.performed as follows:

B. 4.0 Invoicing and PaymentsPhase Amount B. 4.1 Invoices. All payments shall require a written invoice from theSchematic Design/Preliminary Study Phase $ Design Professional. Invoices shall be made no more frequently than

Design Development Phase $ on a monthly basis. Payments for Basic Services shall be in proportion to services completed within each phase of work. WhenBidding, Construction & Contract Document Phase $ requesting such payment, the invoice shall identify the phase and the

Bidding & Award Phase $ portion completed. All invoices shall state the Agreement, name and address to which payment shall be made, the services completed andConstruction Phase $ the dates of completion, and whether the invoice requests payment

$ for Basic Services, Reimbursable or Additional Services. InvoicesPost Completion/ Warranty Phase seeking payment for Reimbursable or Additional Services mustTotal Basic Services $ provide detailed documentation.

B. 4.2 Time of Payment. Upon the Design Professional’s proper submission of invoices for work performed or reimbursableB. 2.0 Reimbursables expenses, the Owner shall review and, if the work is in conform-anceB. 2.1 Reimbursable Expenses. The Owner will pay the Design with the terms of the Agreement, make payment within thirty daysProfessional for the Reimbursable Expenses listed below up to a of the Owner’s receipt of the invoice.Maximum Amount of $ Reimbursable

Expenses are in addition to the Fixed Fee for Basic Services and are for certain actual expenses incurred by the Design Professional in Article C: Responsibilities connection with the Project as enumerated below. C. 1.0 Design Professional's Responsibilities B. 2.1.1 Travel Costs. The reasonable expense of travel costs C. 1.1 Basic Services. The Design Professionals shall provide incurred by the Design Professional when requested by Owner to the Basic Service set out in Article A.1.0.

travel to a location that lies outside of a 45 mile radius of either the C. 1.2 Additional Services. When required under this Agreement orProject site, Design Professional’s office (s), and Owner’s agreed to as set out in A.2.0, the Design Professional shall provideoffice. Additional Services on the Project.

B. 2.1.2 Long Distance Telephone Costs. Long distance tele-phone C. 1.3 General Responsibilities. The Design Professional shall becalls and long distance telefax costs. responsible for the professional quality, technical accuracy, and B. 2.1.3 Delivery Costs. Courier services and overnight delivery coordination of all designs, drawings, specifications, and other costs. services, furnished by the Design Professional under this Agreement.

B. 2.1.4 Reproduction Costs. Reproduction and postage costs of The Owner’s review, approval, acceptance of, or payment for Design required drawings, specifications, Bidding and Contract docu-ments, Professional services shall not be construed as a waiver of any rights under this Agreement or of any cause of action for damages causedexcluding the cost of reproductions for the Design Profes-sional or by Design Professional’s negligent performance under thisSubcontractor’s own use.

Agreement. Furthermore, this Agree-ment does not restrict or limitB. 2.1.5 Additional Reimbursables. The Design Professional and any rights or remedies otherwiseOwner may agree in an addendum or amendment to this Agree-afforded the Owner or Design Professional by law.ment to include certain other expenses not enumerated above as

Reimbursable Expenses. These Reimbursables shall not be lim- C. 1.4 Designing Within Funding Limitations. The Design Profes-ited by the Maximum Amount agreed to above. A separate sional shall perform services required under this Contract in such a Maximum Amount for these Reimbursables shall be established. manner so as to cause an award of a Construction Contract(s) that does not exceed (1) $ or (2) an amount to be provided by the Owner in writing to the Design Professional priorB .3.0 Additional Services to the commencement of Design Professional services. This fixed limit shall be called the Maximum Construction Contract Cost. The amount may be increased by the Owner, but only with written notice to the De sign Professional. If the increase results in a change to the scope of work, an amendment to this Agreement will be required. The Design Professional and the Owner may mutually agree to decrease the Maximum Construction Contract Cost, but only by signing a written amendment to this Agreement. Should bids for the Construction Con tract(s) exceed the Maximum Construction Contract Cost, the Owner has the right to require the Design Professsional to perform redesigns, B. 3.1 Payment for Additional Services. The Owner will pay the Design Professional only for Additional Services agreed to in an addendum or amendment to this Agreement executed by the Owner and the Design Professional pursuant to A.2. Payment for all such Additional Services shall be in an amount and upon the terms set out in such amendment or addendum and agreed upon by the parties. Each such amendment or addendum shall provide for a fixed price or, where payment for such Additional Services is to be on an hourly basis or other unit pricing method, for a form HUD-51915 Previous editions are obsolete (1/2014)Page 6 of 11 rebids and other services necessary tocause an award of the Constru ction Contract within the Maximum Construction Contract Cost without additional compensation or reimbursement.

C. 1.5 Compliance with Laws, Codes, Ordinances and Regulations.

The Design Professional shall perform services that conform to all applicable Federal, State and local laws, codes, ordinances and regu lations except as modified by any waivers which may be obtained with the approval of the Owner. The Design Professional shall certify that Contract Documents will conform to all applicable laws, codes, ordinances and regulations. The Design Professional shall prepare all construction documents required for approval by all gov ernmental agencies having jurisdiction over the project. The Design professional shall make all changes in the Bidding and Cons truction Documents necessary to obtain governmental approval with out additional compensation or reimbursement, except in the follo wing situations. If subsequent to the date the Owner issues a notice to proceed, revisions are made to applicable codes or non-federal regulations, the Design Professional shall be entitled to additional compensation and reimbursements for any additional cost resulting from such changes. The Design Professional, however, is obligated to notify the Owner of all significant code or regulatory changes within sixty (60) days of their change, and such notification shall be required in order for the Design Professional to be entitled to any additional compensation or reimbursement. Both the owner and design professional are responsible for ensuring that the design and construction comply with any applicable accessibility laws, including the Fair Housing Act (see 24 C.F.R. § 100.205), Sect. 504 of the Rehabilitation Act (Sect. 504), and the Americans with Disabilities Act (ADA). Compliance with Sect. 504 requires adherence to the Uniform Federal Accessibility Standards (See https://www.accessbo ard.gov/guidelinesandstandards/buildingsandsites/abouttheabas tandards/ufas) and compliance with the ADA requires adherence to the 2010 ADA standards (See https://www.ada.gov/regs2010/2010A DAStandards/2010ADAStandards_prt.pdf).

C. 1.6 Seal. Licensed Design Professionals shall affix their seals and signatures to drawings and specifications produced under this Agreement when required by law .

C. 1.7 Attendance at Conferences. The Design Professional or designated representative shall attend project conferences and meet-i ngs involving matters related to basic services covered under this contract. 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 regarding requirements for the project, including a program that shall set forth the Owner’s objectives and schedule. The Owner shall also establish and update the Maximum Construction Cost. This shall include the Owner’s giving notice of work to be performed by the Owner or oth ers and not included in the Construction Contract for the Project. The Design Professional, however, shall be responsible to ascertain and know federal requirements and limitations placed on the Project.

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

C.2.3 Contract Officer. The Owner shall designate a Contract Officer authorized to act on its behalf with respect to the design and construction of the Project. The Contract Officer shall examine documents submitted by the Design Professional and shall promptly render decisions pertaining to those documents so as to avoid unreasonably delaying the progress of the Design Professional’s work.

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

C. 2.4.1 Survey and Property Restrictions. The Owner shall furnish topographic, property line and utility information as and where required. The Owner may at its election require the Design Professional to furnish any of these items as an Additional Service.

C. 2.4.2 Existing Conditions. The Owner shall provide the De-sign Professional any available “built adrawings of buildings or properties, architect surveys, test reports, and any other written information that it may have in its possession and that it might reasonably assume affects the work.

C. 2.4.3 Waivers. The Owner shall provide the Design Professional information it may have obtained on any waivers of local codes, ordinances, or regulations or standards affecting the design of the Project.

C. 2.4.4 Minimum Wage Rates. The Owner shall furnish the Design Professional the schedule of minimum wage rates approved by the U.S. Secretary of Labor for inclusion in the solicitation and Contract Documents.

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

C. 2.4.6 Contract Terms. The Owner or its legal counsel may provide the Design Professional text to be incorporated into Bidding and Construction Contract Documents.

Article D: Contract Administration D. 1.0 Prohibition of Assignment. The Design Professional shall not assign, subcontract, or transfer any services, obligations, or interest in this Agreement without the prior written consent of the Owner.

Such consent shall not unreasonably be withheld when such 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 be the property of the Owner and at the termination or completion of the Design Professional’s services shall be promptly delivered to the Owner. The Design Professional shall have no claim for further employment or additional compensation as a result of exercise by the Owner of its full rights of ownership. It is understood, however, that the Design Professional does not rep-resent such data to be suitable for re-use on any other project or for any other purpose. If the Owner re-uses the subject data without the Design Professional’s written verification, such re-use will be at the sole risk of the Owner without liability to the Design Professional.

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D. 1.2 Substitutions. D. 1.7 Insurance. The Design professional shall carry Commercial or Comprehensive General Liability Insurance, ProfessionalA. The Design Professional shall identify in writing princi- Liability Insurance (for a period extending two years past the datepals and professional level employees and shall not substitute or of completion of construction), and other insurance as are re-quiredreplace principals or professional level employees without the by law, all in minimum amounts as set forth below. The Designprior approval of the Owner which shall not unreasonably be Professional shall furnish the Owner certificates of insurance andwithheld.

they shall state that a thirty day notice of prior cancellation orB. The Design Professional’s personnel identified below are change will be provided to the Owner. Additionally, the Ownerconsidered to be essential to the work effort. Prior to diverting or shall be an additional insured on all Commercial or Comprehensivesubstituting any of the specified individuals, the Design Profes- General liability policies.sional shall notify the Owner reasonably in advance and shall Insurance Limits or Amountsubmit justification, including proposed substitutions, in sufficient detail to permit evaluation of the impact on the contract. No diversion or substitution of such key personnel shall be made by the Design professional without the prior written consent of the Owner.

D. 1.8 Retention of Rights. Neither the Owner’s review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract, and the Design Professional shall be and remain liable to the Owner in accordance with the applicableD. 1.3 Suspension. The Owner may give written notice to the Design law for all damages to the Owner caused by the Design professionalProfessional to suspend work on the project or any part thereof. The ‘s negligent performance of any of the services furnished under thisOwner shall not be obligated to consider a claim for additional contract.compensation if the Design Professional is given written notice to resume work within 120 calendar days. If notice to resume work is not given within 120 calendar days, the Design Professional shall be Article E: Additional Requirements entitled to an equitable adjustment in com- E. 1.0 Contract Provisions Required by Federal Law or Owner pensation. Contract with the U.S. Department of Housing and Urban Devel- D. 1.4 Subcontracts. The Design Professional will cause all opment (HUD).

applicable provisions of this Agreement to be inserted in all its E. 1.1 Contract Adjustments. Notwithstanding any other term or subcontracts. condition of this Agreement, any settlement or equitable adjust-ment D. 1.5 Disputes. In the event of a dispute arising under this due to termination, suspension or delays by the Owner shall be negotiated based on the cost principles stated at 48 CFR Subpart 31.2Agreement, the Design Professional shall notify the Owner promptly in writing and submit its claim in a timely manner. The and conform to the Contract pricing provisions of 2 CFR 200.

Owner shall respond to the claim in writing in a timely manner.

The Design Professional shall proceed with its work hereunder in E. 1.2 Additional Services. The Owner shall perform a cost or compliance with the instructions of the Owner, but such compli- price analysis as required by 2 CFR 200 prior to the issuance ance shall not be a waiver of the Design Professional’s rights to of a contract modification/amendment for Additional Services.

make such a claim. Any dispute not resolved by this procedure may Such Additional Services shall be within the general scope of be determined by a court of competent jurisdiction or by consent of services covered by this Agreement. The Design Profes-sional the Owner and Design Professional by other dispute resolution shall provide supporting cost information in sufficient detail to methods. permit the Owner to perform the required cost or price analysis.

D. 1.6 Termination. The Owner may terminate this Agreement for the Owner’s convenience or for failure of the Design Professional E. 1.3 Restrictive Drawings and Specifications. In accordance to fulfill contract obligations. The Owner shall terminate by with 2 CFR 200 and contract agreements between the delivering to the Design Professional a Notice of Termination Owner and HUD, the Design Professional shall not require the use specifying the reason therefore and the effective date of termination. of materials, products, or services that unduly restrict competition.

Upon receipt of such notice, the Design Professional shall immediately discontinue all services affected and deliver to the E. 1.4 Design Certification. Where the Owner is required byOwner all information, reports, papers, and other materials accu- federal regulations to provide HUD a Design Professional certi-mulated or generated in performing this contract whether completed fication regarding the design of the Projects (24 CFR 905),or in process. If the termination is for convenience of the Owner, the the Design Professional shall provide such a certification to theOwner shall be liable only for payment for accepted services Owner.rendered before the effective date of termination.

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E. 1.5 Retention and Inspection of Records. Pursuant to 2 CFR his/her tenure any such interest, and if such interest is immedi-ately 200, access shall be given by the Design Professional disclosed to the Owner and such disclosure is entered upon the to the Owner, HUD, the Comptroller General of the United minutes of the Owner, the Owner, with the prior approval of the States, or any of their duly authorized representatives, to any books, Government, may waive the prohibition contained in this subsection:

documents, papers, and records of the Design Professional which Provided, That any such present member, officer, or employee of the are directly pertinent to that specific Contract for the purpose of Owner shall not participate in any action by the Owner relating to making an audit, examination, excerpts, and transcrip-tions. All such contract, subcontract, or arrangement.

required records shall be retained for three years after the Owner or No member, officer, or employee of the Owner, no member of the Design Professional and other subgrantees make final payments and governing body of the locality in which the project is situated, no all other pending matters are closed. member of the governing body of the locality in which the Owner was activated, and no other public official of such locality orE. 1.6 Copyrights and Rights in Data. HUD has no regulations localities who exercises any functions or responsibilities with respectpertaining to copyrights or rights in data as provided in 2 CFR

200. HUD requirements, Article 45 of the General Conditions to the project, during his/her tenure or for one year thereafter, shall to the Contract for Construction (form HUD-5370) requires that have any interest, direct or indirect, in this contractors pay all royalties and license fees. All drawings and contract or the proceeds thereof.

specifications prepared by the Design Professional pursuant to E. 1.8 Disputes. In part because of HUD regulations (2 CFR this contract will identify any applicable patents to enable the 200, this Design Professional Agreement, unless it is a small general contractor to fulfil the requirements of the construction purchase contract, has administrative, contractual, or legal remedies contract. for instances where the Design Professional violates or breaches E. 1.7 Conflicts of Interest. Based in part on federal regulations Agreement terms, and provide for such sanctions and (2 CFR 200 and Contract agreement between the Owner penalties as may be appropriate.

and HUD, no employee, officer, or agent of the Owner (HUD E. 1.9 Termination. In part because of HUD regulations (2 CFR grantee) shall participate in selection, or in the award or admin- 200), this Design Professional Agreement, unless it is for an istration of a contract supported by Federal funds if a conflict of amount of $10,000 or less, has…