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FBO DAILY - FEDBIZOPPS ISSUE OF MARCH 06, 2014 FBO #4485
SOURCES SOUGHT

R -- Multifamily Construction Inspections - Buffalo Office Area - Map of the Counties Covered

Notice Date: 3/4/2014
Notice Type: Sources Sought
NAICS: 541310 — Architectural Services
Contracting Office: Department of Housing and Urban Development, OCPO, Northern (Philadelphia) Field Contracting Operations, Chicago Operations Branch, NFNC, 77 West Jackson Boulevard, Chicago, Illinois, 60604-3507
ZIP Code: 60604-3507
Solicitation Number: APP-HY-2014-124
Point of Contact: Alfredo Valentin, Phone: 3129138509, Wayne S. Bernacki, Phone: (312) 913-8505
E-Mail Address: alfredo.valentin@hud.gov, Wayne.S.Bernacki@hud.gov
(alfredo.valentin@hud.gov, Wayne.S.Bernacki@hud.gov)
Small Business Set-Aside: HUBZone
Description: Map of the Counties Covered by the Proposed Contract Action THIS IS A SOURCES SOUGHT NOTICE ONLY. This is not a request for offers, quotes or proposals. This notice does not represent a commitment by the Government to issue a solicitation or award a contract. This is a market research tool only to determine the capability of potential sources. THE PROPOSED CONTRACT ACTION IS A HUBZONE SET ASIDE, NON COMPETITVE 8(a) The Department of Housing and Urban Development (HUD) is contemplating establishing a contract under NAICS Code 541310 - (Architectural Services), and the Small Business Standard is $7 Million ), PSC Code C219 - Architectural and Engineering - General, for Multifamily Construction Inspections - Buffalo HUD Office covering the following 40 New York State counties under the Buffalo Office Jurisdiction (New York State): Niagara, Orleans, Erie, Genesee, Wyoming, Chautauqua, Cattaraugus, Allegany, Monroe, Wayne, Livingston, Ontario, Seneca, Yates, Steuben, Schuyler, Chemung, Jefferson, Lewis, Hamilton, Herkimer, Oneida, Oswego, Onondaga, Madison, Cayuga, Cortland, Otsego, Thompkins, Chenango, Tioga, Broome, Delaware, St. Lawrence, Franklin, Clinton, Essex, Warren, Washington, Saratoga, Fulton, Montgomery, Rensselaer, Schoharie, Albany, Greene, Columbia, Schenectady (see attached map) This is a new requirement. A Performance Work Statement (PWS) will be issued for a non-competitive 8(a) Contractor. This is HUBZone set aside. BACKGROUND 1.1 The U.S. Department of Housing and Urban Development (HUD) provides funding for, or insures financing of, the construction of new MF projects or the repair or rehabilitation of existing MF projects, as authorized by several sections of the Housing Act of 1959 (HA), National Housing Act (NHA) and National Affordable Housing Act (NAHA), as listed below: Section 207(M) -Manufactured Home Parks Section 221(d)(3) and (4) -Multifamily Rental Housing for Moderate-Income Families Section 232 -Nursing Homes, Intermediate Care Facilities, and Board and Care Homes Section 202 or 811-Housing for the Elderly (202) or for Persons with Disabilities (811) Section 220-Mortgage Insurance for Urban Renewal Areas Section 223(f) - Mortgage Insurance for the Acquisition or Refinancing of Multifamily Rental Apartments 1.1.2 HUD is required to perform periodic property inspections of MF projects throughout the entire construction and/or rehabilitation phase and during the warranty periods. Also, HUD is required to assist other parties (owner, sponsor, builder, supervisory architect, Mortgage Company, etc.) in utilizing HUD forms and procedures relative to the construction contract administration phase of MF project development. 1.1.3 The purpose of this contract is to obtain services of a contractor who shall perform services as HUD's representative conducting the required inspections and to perform various HUD construction contract administration tasks (review change orders, payment requests, schedules, etc.). Inspections shall be made to evaluate the builder's and supervisory architect's performance, to obtain construction in accordance with the construction contract documents, and to report on conformance with prevailing wages (when applicable) and other construction contract requirements. For HUD construction contract administration tasks, the contractor shall serve as HUD's construction representative for completing various portions of HUD forms, procedures and other related tasks. The contractor's work products shall provide HUD with the field/site data necessary to make informed decisions regarding the construction phase of the HUD multifamily insurance underwriting process. 1.2 SCOPE OF WORK The contractor shall provide all necessary technical and clerical services, facilities, materials, supplies, travel, equipment, supervision, and personnel and other items and services, except as may be provided by HUD and identified below, to perform the services as defined in this contract. HUD will pay the contractor a flat fee per inspection (per site visit) as set forth in the contract, and HUD will reimburse no expenses to the contractor, unless specifically identified elsewhere in this contract. 1.3 PERSONNEL The contractor is responsible for ensuring the contract manager and inspectors are thoroughly familiar with all HUD programs and procedures as they apply to the duties of the HUD representative (also called "HUD Design Representative" or "HUD Inspector" in HUD handbooks, specifically 4460.1 and 4435.01, and the MAP Guide) and that they remain abreast of all changes to applicable handbooks, publications and forms. As the HUD representative on the project site, the contractor shall be responsible for assisting other parties (owner, sponsor, builder, supervisory architect, mortgage company, etc.) in utilizing HUD forms and procedures relative to the construction contract administration phase of the multifamily project development. &emsp; 1.3.1 Contract Manager. The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be identified in Section I, 1.12, Key Personnel. These personnel shall be designated in writing to the Contracting Officer within seven (7) business days of contract award and prior to revision. 1.3.1.1 The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operations of this contract. 1.3.1.2 The contract manager or inspector shall be available during normal duty hours in accordance with Section C.1.6 to discuss problem areas with the Government Technical Representative (GTR), Government Technical Monitor (GTM), and /or the HUD Construction Manager (HUD CM) and, if necessary, to meet with one or more of them in the local HUD office at no additional cost to the government or to the price of inspection services. 1.3.1.3 The contract manager shall possess at least three years of experience in managing and overseeing employees who perform multifamily construction inspection activities. The contract manager shall also have at least three years experience in performing multifamily construction inspection services. 1.3.1 Employees. The contractor shall recruit, hire, train and supervise qualified employees. The Contracting Officer shall have the authority to restrict the assignment of any individual as an employee under the contract or any subcontracts who is identified as a potential threat to the health, safety, security, general well-being, mission of the Department or its staff, or whom HUD may determine has any actual or potential conflict of interest. 1.3.2.1 The contractor, its staff, and the subcontractor personnel shall present a neat and clean appearance and be easily recognized. This may be accomplished by wearing appropriate badges that contain the company name, employee name, and photo or any other method of identification. The contractor's employees and subcontractors shall not indicate they are agents or employed by HUD, rather that they are under contract with HUD. 1.3.2.2 The contractor shall certify to the Contracting Officer that the inspectors meet the below-stated minimum qualifications. Such certification shall be made within seven (7) business days after contract award and seven (7) business days after hiring a new inspector; but, in any event, prior to any inspector performing inspections. These employees, along with the contract manager, shall be considered Key Personnel. The contractor shall not substitute Key Personnel without prior approval of the Contracting Officer. 1.3.2.3 All inspectors shall possess recent (generally considered to be within the past three [3] years) satisfactory MF experience related to the specific tasks required by this contract. Experience shall include a record of performing acceptable on-going construction and guarantee/warranty inspections and HUD-related construction contract administration tasks as required by this contract. The experience shall clearly reflect the inspector's knowledge of and familiarity with HUD regulations and handbook requirements to ensure compliance with them by the builder and supervisory architect. The complexity of some projects may mandate that they be assigned to an inspector whose background indicates the ability to perform those inspections. 1.3.2.4 When the contractor has assigned an inspector to a project, that inspector shall continue to conduct all inspections at the property through final completion of construction phase and the two guarantee/warranty inspections. If, due to unforeseen circumstances, it becomes necessary to substitute an inspector assigned to a project, the contractor shall inform the GTR at least seven (7) days prior to the scheduled inspection. 1.3.2.5 The contractor shall not employ or subcontract with any person who is a current or former civilian employee of the U.S. Government if the employment of that person would create a conflict of interest, an appearance of any conflict, or otherwise conflict with Department restrictions. The HUD Office of Counsel must approve employment of any person who is a current or former civilian employee of the U.S. Government. 1.4 CONTRACTOR QUALITY CONTROL 1.4.1 The contractor shall establish and maintain a complete quality control (QC) plan to ensure the requirements of the contract are provided as specified. One (1) copy of the contractor's QC plan shall be provided to the Contracting Officer and one (1) copy to the GTR not later than the post-award conference. The contractor shall provide a complete copy to the Contracting Officer and GTR as any updates/changes occur. The contractor shall retain copies of all documents/records generated in the QC process for at least one (1) year after expiration of the contract, and shall present them to the Contracting Officer upon request. 1.4.2 At a minimum, the QC plan shall: 1.4.2.1 Specify all services to be reviewed which shall include oversight of inspectors to ensure timely quality work. 1.4.2.2 Indicate whether services are to be reviewed on a scheduled or unscheduled basis. 1.4.2.3 Explain how reviews are to be conducted. 1.4.2.4 Identify name(s) and qualifications of the individual(s) responsible for performing the QC reviews, and the specific areas/services to be inspected by such individuals. 1.4.2.5 Assure that MF projects are inspected and that HUD construction contract administration services are completed in accordance with all relevant HUD handbooks, requirements and procedures. 1.4.2.6 Guard against dishonest, fraudulent or negligent acts. 1.4.2.7 Guard against errors and omissions by officers, employees or other authorized persons. If a problem is identified, the contractor shall promptly take appropriate action to correct the problem. The contractor shall keep a record of any such errors and omissions. At the request of the GTR/GTM, the contractor shall make these records available for review. The contractor shall design its quality control system to assure its staff complies with HUD's handbooks, requirements and procedures. 1.4.2.8 Guard against potential conflicts of interest. 1.4.2.8.1 When performing inspections or construction contract administration tasks, the contractor may become privy to privileged information about builders and design architects involved with HUD MF projects. This privileged information shall not be used by the contractor (or anyone connected with the contractor) against HUD or anyone listed in 1.1.2, above. 1.4.2.8.2 The contractor, or any of its employees, shall not have any financial interest, direct or indirect, in any contract (other than this contract) with respect to any HUD MF property that has been assigned to this contract. 1.4.2.8.3 The contractor, or any of its employees, shall not be assigned and cannot perform inspections on projects in which they currently serve as the design and/or Supervisory Architect 1.4.2.9 Identify methods for selection of qualified inspectors. 1.4.2.10 Provide a method to identify deficiencies in quality of services performed and take corrective action before the level of performance becomes unsatisfactory. 1.4.2.11 Ensure the complete documentation of all quality control reviews and any corrective action required. The contractor shall establish and maintain files for such documentation throughout the term of this contract. The filing method shall be such that all information relative to quality control inspections is logically grouped together and readily accessible. The files shall be made available to HUD upon demand during the contractor's regular business hours. The files shall be turned over to HUD within ten (10) business days of request. 1.5 PHYSICAL SECURITY The contractor shall be responsible for safeguarding all government property, primarily multifamily project construction contract documents, data and inspection records, and other related information. The contractor shall be held liable for loss or misuse of government property due to causes such as neglect, negligence of employees and subcontractors, failure to secure property, or other misconduct by the contractor. 1.6 HOURS OF OPERATION The contractor shall be able to provide service from 8:00 AM to 4:30 PM, Pacific time, Monday through Friday, with the exception of recognized Federal holidays. SECTION C-2 DEFINITIONS 2.1 GENERAL DEFINITIONS 2.1.1 Construction Manager (HUD CM) - the HUD employee in the Buffalo MF Office who is responsible for the proper performance of all functions relating to inspection. The Construction Manager keeps informed of the general progress of the work on all projects during the construction stage and guarantee period and is familiar with any problems involved. The HUD Construction Manager is also a designated GTR/GTM (Contracting Officer Technical Representative or COTR) and is appointed in writing by the Government, but is referred to herein as the HUD CM. 2.1.2 Contract Manager - the individual employed by the contractor and designated to administer the terms and conditions of the contract. 2.1.3 Contracting Officer (CO) - a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. 2.1.4 Contractor - the individual, partnership, corporation, or other entity that is the party subject to the terms and conditions of this contract, and also is referred to as HUD's Representative. 2.1.5 Days - calendar days unless otherwise specified. 2.1.6 GTM - the Government Technical Monitor appointed in writing by the Government. The GTM, for purposes of this contract, is subordinate to the GTR and assists the GTR in monitoring the contractor's performance. The GTM will provide project-specific technical clarification, assistance, and direction to the contractor in the performance of duties of this contract. The GTM provides technical advice and assistance to the GTR. 2.1.7 GTR - the Government Technical Representative appointed in writing by the Contracting Officer. The GTR monitors compliance with the provisions of this contract. See Section G. 2.1.8 HUD - the U.S. Department of Housing and Urban Development. The terms "Department of Housing and Urban Development," "Department," "HUD," and "Government" shall be synonymous and may be used interchangeably in this contract. &emsp; 2.1.9 HUD Capital Advance Program - a program whereby HUD provides direct funding for construction, acquisition, or rehabilitation of a housing project. 2.1.10 HUD-Insured Program - a program where HUD provides mortgage insurance to the mortgagee for construction, acquisition, or rehabilitation of a housing project. 2.1.11 Performance Assessment - a planned and systematic pattern of all government actions to provide confidence that adequate technical requirements are established, products and services conform to established technical requirements, and satisfactory performance is achieved. 2.1.12 Quality Control - those actions taken by a contractor to control the production of outputs to ensure that they conform to the contract requirements. 2.2 TECHNICAL DEFINITIONS 2.2.1 AIA - the American Institute of Architects, 1735 New York Ave., NW, Washington, DC 20006. 2.2.2 Application - the HUD-92013, Application for Multifamily Housing Project, and other required exhibits that are submitted by a sponsor or the mortgagee of record to a HUD Office to request issuance of a processing letter (SAMA, Feasibility Letter, Conditional Commitment, or Firm Commitment). 2.2.3 Architect - the architect providing services to the sponsor/owner under the terms of the AIA-B181, Owner-Architect Agreement. 2.2.4 Builder - the General Contractor hired by the sponsor/owner to construct the project under the terms of the construction contract and in accordance with contract documents. The term "builder" is used in this contract to avoid confusion when the contractor's role is discussed. 2.2.5 Certificate of Occupancy - a certificate allowing occupancy issued by a local building department for a structure or structures for which a building permit has been issued. 2.2.6 CFR - Code of Federal Regulations. 2.2.7 Contract Administration - the monitoring of the performance of the contractor by the GTR, GTM and Contracting Officer relative to the tasks performed under this contract. 2.2.8 Construction Contract - the construction contract applicable to the particular project for which HUD is providing funding or mortgage insurance and which HUD requires (typically a contract between the builder and project owner or sponsor). 2.2.9 Construction Contract Administration - the supervisory architect's administration of the contract between the builder and project sponsor/owner in the construction of any MF project. HUD construction contract administration tasks, to be performed by the contractor as HUD's Representative, are defined in paragraph 5.4 of this Section. 2.2.10 Construction Inspection Services - monitoring the construction and construction contract administration and performing related functions for the purpose of protecting the Department's interest. 2.2.11 FHAG - Fair Housing Accessibility Guidelines. 2.2.12 Final Closing - the final completion of all HUD project development forms, procedures, terms and conditions per HUD legal and programmatic requirements. This occurs after completion of project construction and cost certification. &emsp; 2.2.13 Final Completion of the Work - the time when all work under the owner's/sponsor's construction contract is 100 percent complete, except work items beyond the builder's control which are accepted as delayed items of completion. It is formalized as the date the contractor signs the final HUD-95379, HUD Representative's Trip Report, provided that the trip report is subsequently accepted by the GTM and the HUD CM. 2.2.14 HUD Inspection Procedures - paragraphs 3-1 through 3-17 in Chapter 3, Architectural Inspection, of HUD Handbook 4460.1 REV-2, Architectural Analysis and Inspections for Project Mortgage Insurance; HUD Handbook 4435.01 REV-1, Project Construction and Servicing Before Final Closing; and the MAP Guide. (Chapter 13 and other chapters or appendices) Required reporting via the HUD-95379, HUD Representative Trip Report, is to be completed for each inspection per HUD Multifamily Underwriting Reports and Forms Catalog, or per instructions included on the form. The definition of "signature" in the instructions for the completion of the HUD forms may include "electronic signature". 2.2.15 Initial Closing -the initial endorsement of a HUD project for loan insurance or for a direct loan which normally occurs prior to the commencement of construction. The legal documents, loan forms, construction contract, and other required instruments are signed at this meeting. 2.2.16 Item(s) of Delayed Completion - construction-related work items beyond the builder's control to complete. Identified by the contractor at final completion of the work (see 2.2.13). 2.2.17 Latent Defect(s) - defective or non-conforming work item(s) not observed during construction. Identified by the owner's architect and the HUD inspection contractor at either the 9-month or 12-month warranty inspection. 2.2.18 MAP Guide - HUD's guide to the Multifamily Accelerated Processing (MAP) program. Available online at: www.hud.gov/offices/hsg/mfh/map/mapguide/mapguide.cfm 2.2.19 Pre-closing Conference - the meeting HUD will conduct, if necessary, with the lender, owner/sponsor, builder, contractor, accountants, and others to assist in reaching the project's final closing in a timely manner. 2.2.20 Pre-Construction Conference (PCC) - the meeting attended by the contractor; builder; builder's subcontractors (if possible); supervisory architect; owner/sponsor; consultants (if any); mortgage company (if applicable); and HUD Housing Development staff to discuss the construction contract documents and applicable HUD requirements. Required for every project and should precede the initial start of construction (if possible). 2.2.21 Project - the land or leasehold and existing or proposed improvements described in an application for mortgage insurance or capital advance. 2.2.22 RESERVED 2.2.23 Sponsor/Owner/Mortgagor - the individual or entity planning the project whose name appears on the Construction Contract and other applicable project documents. 2.2.24 Start(s) of Construction - "Initial Start of Construction" is defined as the beginning date of the initial site preparation. This date is used in connection with the Labor Standards and prevailing wage requirements, when the construction contract work commences with initial site clearance or other preliminary site work for proposed construction projects. The "Start of Permanent Construction" is defined as the first day that permanent on-site building elements were put in place (footings, foundations, pilings, utility lines, etc., but not excavation, forms or trenching, including demolition of portions of the existing building for substantial rehabilitation projects). Builder documents "initial" and "permanent" construction start dates via appropriate correspondence to the contractor. 2.2.25 Supervisory Architect - the architect identified in AIA-B181 to perform construction phase administration of the construction contract. 2.2.26 Temporary Certificate of Occupancy - a certificate issued by a local building department for a structure or structures for which a building permit has been issued (allows early occupancy and prior to issuance of Certificate Of Occupancy). 2.2.27 UFAS - Uniform Federal Accessibility Standards. SECTION C 3 GOVERNMENT FURNISHED ITEMS AND SERVICES 3.1 CONSTRUCTION-RELATED DOCUMENTS 3.1.1 After the contractor has been assigned a project, the GTM will provide to the contractor, copies of construction related documents pertinent to the type of HUD program the project is funded or insured, which are necessary for the contractor to inspect and perform construction contract administration tasks for the assigned HUD MF projects. Construction related documents forwarded to the contractor, depending on the program type, as determined by the GTR/GTM are as follows: 3.1.1.1 Set 3 of the HUD-approved construction drawings and specifications 3.1.1.2 Construction contract between the builder and the owner/sponsor 3.1.1.3 Supervisory Architect's Contract, AIA Document B-181 with HUD Amendment (Appendix 2) 3.1.1.4 Drawings, specifications, and contract pertaining to offsite improvements (if applicable) 3.1.1.5 Escrow Agreement for Offsite Facilities (if applicable) 3.1.1.6 Contractor's and/or Mortgagor's Cost Breakdown - Schedules of Values, Form HUD-2328 3.1.1.7 Additional pertinent documents 3.2 WORK SPACE AT THE CONSTRUCTION SITE Work space at the construction site for HUD personnel and the contractor (as HUD's representative), is required by the addendum to the Building Loan Agreement and the construction contract for projects under construction. The contractor has the right of entry and free access to construction sites and to inspect all work and materials, equipment and fixtures furnished, installed or stored in and about the project at all normal working times during construction. The contractor shall immediately notify the GTR/GTM if it is denied such right of entry and free access. The contractor shall not attempt to resolve any dispute regarding entry and free access unless specifically instructed by the GTR/GTM to do so. 3.3 HUD AS-BUILT SET OF PLANS AND SPECIFICATIONS HUD provides a set of plans and specifications to the builder for use on the construction site (the builder's "record set"). The contractor shall use Set No. 3 of the plans and specifications during the construction period. The contractor shall conform this set to the builders "record set". Upon completion of construction the contractor shall return his set to HUD. This becomes the AS-BUILT SET. The builder's record set is retained on-site during construction, and is given to the sponsor/owner at the end of construction. Warranty inspections will be performed using HUD's AS-BUILT set of plans and specifications. &emsp; SECTION C 4 CONTRACTOR FURNISHED ITEMS AND SERVICES All costs of performance under this contract are to be at the expense of the contractor, including the contractor's own materials, equipment, services, and transportation. SECTION C 5 SPECIFIC TASKS 5.1 GENERAL 5.1.1 HUD requires inspections and construction contract administration services for selected MF projects. The contractor shall perform construction compliance inspections of new or substantial rehabilitation construction projects (Sections 202/811, 207, 220, 221(d)3 and (d)4, and 232 projects) on a twice- once (1) per-month basis. 5.1.1.1 One of the monthly inspections shall include a monthly draw inspection and meeting attended by the supervisory architect, owner/sponsor, builder, consultants, and any other interested parties. The monthly inspections shall be scheduled with the GTM and shall be performed by the contractor throughout the full construction period (average 12-months). The twice-monthly inspection schedule may be adjusted (later or earlier than in the schedule) by the contractor or GTM, if there is a legitimate need for adjustment. Any such change shall be mutually acceptable to both parties. 5.1.1.2 The contractor shall monitor, evaluate, and record the performance of the supervisory architect and the builder and perform HUD construction contract administration duties as required. 5.1.1.3 The contractor shall make additional (more frequent) inspections at the site of MF housing projects upon direction by the GTR. The contracting officer must authorize such additional inspections in the appropriate task order for that project prior to the GTR/s direction to the contractor. 5.1.2 The contractor shall also perform guarantee/warranty inspections. Each HUD MF project, after completion of construction, is typically covered by a one (1) year warranty against latent defects. Two (2) guarantee/warranty inspections are usually conducted during the warranty period: one (1) close to the 9-month and another not later than the tenth day of the 12th month anniversary dates of the completion of construction. Warranty inspections identify latent defects and check items of delayed completion. During these inspections, the contractor shall identify latent defects in materials and/or workmanship per the construction documents for repair/replacement under warranty, as well as identify any improper maintenance and casualty damage. Contractor shall verify completion of any approved items of delayed completion (and sign Release of Escrow if applicable). 5.2 SECTION 223(f) INSPECTIONS 5.2.1 When HUD requires, the contractor shall perform inspections of projects funded or endorsed under Section 223(f) of the National Housing Act. Inspections may be attended by the owner, the architect, builder, consultants, and any other interested parties. Each inspection shall be performed in response to a request for a release from the repair escrow. The inspection authorizing the release of all the funds in the repair escrow shall be considered the final inspection. 5.2.2 General Information. HUD may elect, during two (2) processing stages, when repairs, replacements, and improvements (required repairs) may/must be made. These periods are: 5.2.2.1 Conditional Commitment - This optional processing stage is typically only used for purchase transactions where the buyer is not known. The contractor shall follow the same procedures as when required repairs are made at firm commitment. 5.2.2.2 Firm Commitment - A firm commitment will always be issued whether or not a conditional commitment is issued. The commitment to insure upon completion, FHA-2453MM, must be valid and outstanding until project closing. All repairs must be completed before closing, except where HUD's firm commitment provides for completion of non-critical repairs after closing. An escrow is always required for completion of any repairs after closing. 5.2.3 Contractor's primary responsibility - Monitor and report the completion of repairs and compliance with commitment/endorsement/closing document conditions, report any conditions that contribute to mortgage risk, and monitor the builder's performance. The contractor shall perform an inspection to confirm that critical repairs have been completed prior to loan closing, if requested by the GTM. 5.2.4 The GTM shall provide the following documents to the contractor, as applicable, as reference documents in performing the critical or non-critical inspections: 5.2.4.1 Conditional or firm commitment, or the Escrow Agreement where endorsement has occurred 5.2.4.2 List of required repairs (work write up) 5.2.4.3 Specifications and drawings (if provided by the owner) 5.2.4.4 Schedules of Values (requiredonly for projects with repairs delayed after endorsement) 5.2.4.5 Progress Schedule (required only for projects with repairs delayed after endorsement) 5.2.4.6 Schedule of Delayed or Interrupted Occupancy or Income (required only for projects with repairs delayed after endorsement) 5.2.5 Trip reports shall be filed on the HUD-95379 for each inspection. The contractor shall complete the form and report on the following as applicable: 5.2.5.1 Non-compliance with provisions of the commitment or endorsement; e.g., work write up, specifications, drawings, and other documents listed in subparagraph 5.2.4 above. 5.2.5.2 Adverse conditions such as slow work completion, destruction of work, new regulatory requirements, and disputes. 5.2.5.3 Availability of use of facilities listed on the schedule of delayed or interrupted occupancy. Identify by dwelling unit (room number for care facilities) or other comprehensive description. 5.2.5.4 Municipal authorizations, such as permissions to occupy and use permits. 5.2.5.5 Critical repairs shall be completed and reported before endorsement as described in the MAP Guide HUD Handbook 4460.1, Rev. 2, subparagraph 5-6(D)(3) and 4435.01, Rev. 1, subparagraph 3-2. 5.2.5.6 Items of Delayed Completion. Provide a detailed list of any exterior work for delayed completion, the recommended escrow amount, and the recommended completion date. The date for completion of items of delayed completion shall not be later than 12 months after endorsement. 5.2.5.7 Guarantee Inspections - When the owner uses a builder, rather than its own staff, to carry out repairs, conduct guarantee inspections to discover and require correction of latent defects within 1 year of the date of final completion of all repairs. 5.2.5.8 Detailed narrative of observations, not addressed above, made during the site visit in accordance with paragraph 5.3.4.3 below. 5.2.6 Progress payments - If progress payments (partial release of escrow) are to be made for completion of repairs after endorsement, they shall be based on the HUD-approved Schedules of Values, prior to release of escrow funds. 5.2.7 Final Report - Final report shall be submitted upon completion of work and shall show the following: 5.2.7.1 All work acceptably completed in accordance with provisions of the commitment/endorsement and approved changes; 5.2.7.2 Off-site work completed or the municipality has given written assurance of completion; 5.2.7.3 Utilities connected; 5.2.7.4 Permanent facilities for ingress and egress provided; and 5.2.7.5 Applicable municipal inspections, approvals, and other related documents have been issued. 5.3 CONSTRUCTION INSPECTIONS 5.3.1 Projects Under Construction or Under Warranty. After contract award, the contracting officer will assign projects to the contractor for servicing which are already under construction or in need of warranty inspections. The GTM will provide to the contractor copies of all pertinent construction-related documents necessary for the contractor to inspect and perform construction contract administration tasks for these HUD MF projects. 5.3.2 New Projects. At any time after contract award, the contracting officer will assign new projects to the contractor for servicing under this contract. After initial endorsement/closing of a new project; HUD will, at its discretion, assign said project to the contractor and forward all pertinent construction-related documents necessary to perform construction inspections, HUD construction contract administration tasks, and guarantee/warranty inspections. 5.3.3 Pre-Construction Conferences. Contractor shall attend, and when necessary, conduct the HUD Pre-construction conference, and afterwards submit summary meeting notes and list of attendees on a Trip Report (HUD-95379) (photos not required) to the GTM and HUD CM within seven (7) business days of the conference. The contractor shall include the initial review of the Contract document-plans and specifications, etc., prior to field inspections as part of the Pre-construction Conference Trip Report. In addition, the contractor shall attend the Architect's/Builder's Pre-construction meeting in the field, should one be held, and submit a Trip Report (this will typically occur during the contractor's first trip to the project site.) 5.3.4 monthly construction inspections/site-visits/site-meetings for construction projects under Sections 202/811, 207, 220, 221(d)(3), 221(d)(4) and 232. 5.3.4.1 The contractor shall visit the job-site and inspect the project twice per month (at approximately 14-15 day intervals), or other frequency as directed by the GTR to evaluate, observe, and report on construction progress and actual conditions on the job-site, construction activity and construction contract administration. The contractor shall schedule one of the twice-monthly inspections to coincide with the monthly Builder's Requisition (pay draw/HUD-92448) and meet with the builder, architect, owner, sponsor, consultant (if applicable), and lender (if applicable). The other monthly inspection shall be coordinated with the builder's work schedule to ensure the presence of the builder's supervisors and other workers. 5.3.4.2 It is anticipated that "initial" and "permanent" construction will start within a few days following initial endorsement. The contractor shall inform all parties that the maximum number of days from the construction contract signing (at initial closing) until the initial start of construction is notated on the HUD construction contract. The contractor shall insure that the builder documents the start dates of the "initial" and "permanent" construction via appropriate letters from the builder to the contractor. The contractor shall forward said construction start letter(s) received from the builder to the GTM and HUD CM within seven (7) business days of receipt. Unless previously noted, the first visit shall verify whether construction has started within the time frame required by the construction contract and may involve the Builder's first payment requisition (HUD-92448). 5.3.4.3 Construction Progress Inspections/Reviews. See Handbook 4460.1 REV-2 (paragraph 3-3.E) and Chapter 13 of the MAP Guide for detailed instructions. During the visit, the contractor shall maintain a role as observer and provider of technical information as HUD's representative, through interaction with sponsor/owner, owner's consultant, builder, builder's representatives, supervisory architect and lender (if applicable). The contractor shall: 5.3.4.3.1 Attend and participate in twice-monthly job-site meetings with one inspection coinciding with the monthly review of the Builder's Requisitions (HUD-92448). The contractor shall sign the requisition as HUD's representative. The owner, builder, architect, and contractor shall typically coordinate the date of these pay-draw meetings at the Pre-Construction Conference (PCC). 5.3.4.3.2 Determine condition of on-site and off-site construction. 5.3.4.3.3 Observe construction progress to evaluate the builder's and architect's performance. 5.3.4.3.4 Evaluate conformance with project progress schedule. 5.3.4.3.5 Determine that the completed construction is in conformance with the approved contract documents. 5.3.4.3.6 Determine that the materials stored on-site are properly stored and invoiced. 5.3.4.3.7 Determine whether the Builder's Requisition for Payment is reasonable. 5.3.4.3.8 Discuss and report on: 5.3.4.3.8.1 All issues pertinent to the construction contract. 5.3.4.3.8.2 Status of progress of work subject to pending or previously-approved change orders. 5.3.4.3.8.3 All non-compliance in the execution of the contract. 5.3.4.3.8.4 Labor and EEO compliance. 5.3.4.3.9 Apprise the major participants (builder, supervisory architect, owner, sponsor, consultant, and lender) of observed deficiencies and problem areas in the progress of the work and construction contract administration and/or clarify HUD procedures applicable to the issues raised. Issues which cannot be settled on site shall be initially referred to the GTM. 5.3.4.3.10 Discuss any findings, particularly any adverse findings, with the supervisory architect at the job-site, or by phone if the supervisory architect is not present when the site visit is made. Report findings in the Trip Report. 5.3.4.3.11 After 80 percent project completion, bring to the participants' attention the following: 5.3.4.3.11.1 Definition of Final Completion of Work per the builder and owner's construction contract, Article 2.E. 5.3.4.3.11.2 The owner (in all cases) and builder (where the Cost Plus Contract is used) should meet with HUD's financial and construction cost analysts, respectively, before 90 percent project completion to review cost certification submission requirements. 5.3.4.3.11.3 HUD may conduct a pre-(final) closing meeting (conference). If a meeting is held, the contractor shall explain and describe to all parties any observations that may delay or prevent HUD final closing/final endorsement. 5.3.4.3.12 If so requested and/or directed by the GTR, the contractor may be asked to re-inspect or provide additional or more frequent inspections. 5.3.4.3.13 Meet at the project site or local HUD office with the GTR/GTM or designee to resolve project issues, receive updated training and assist and cooperate with any HUD official conducting an on-site review of the project construction and/or construction contract administration for the purpose of assessing performance or other areas of concern. 5.3.4.4 Using the HUD-95379, the contractor shall record the results of all site visits (inspections), meetings, issues discussed and conclusions reached, following instructions contained in Handbooks 4460.1 REV-2, 4435.01 REV-1 and the MAP Guide. The HUD-95379 shall be a comprehensive report that includes all pertinent information the contractor obtains while conducting an onsite inspection/visit/meeting. Contractor shall sign any submitted HUD-95379s in the "HUD Representative" signature block. The original of the HUD-95379 shall be submitted to the GTM with a copy to the HUD CM within seven (7) days of each site visit (inspection). 5.3.4.4.1 For the purpose of completing the blocks at the top of the HUD-95379, "Scheduled Progress" and "Actual Progress", these are to be measured from the date of Initial Endorsement and expressed as percentages of the scheduled construction period. 5.3.4.4.2 The contractor shall: 5.3.4.4.2.1 Evaluate and report on the builder's organization, operations and supervision. 5.3.4.4.2.2 Evaluate and report on the supervisory architect's administration of the construction contract and services per paragraph 3-11 of Handbook 4460.1 REV-2 and paragraph 13.5 of the MAP Guide. 5.3.4.4.2.3 Report on special circumstances, the start date of initial and permanent construction (if applicable), occupancy, delays, disputes, changes, etc. Specifically identify and report serious construction problems that may lead to default. For serious construction problems that might lead to a default of the construction contract, said problems must be specifically identified in the HUD-95379 and typically include: 5.3.4.4.2.3.1 Work stoppage. 5.3.4.4.2.3.2 Builder abandons job. 5.3.4.4.2.3.3 A change in the builder, owner or architect during construction. 5.3.4.4.2.3.4 Construction defects untreated for 30 days. 5.3.4.4.2.3.5 Builder cannot or will not correct any construction defect or latent defect. 5.3.4.4.2.3.6 Use of questionable methods of construction or materials. 5.3.4.4.2.3.7 Extended periods of bad weather, strikes, etc. 5.3.4.4.2.3.8 Controlling jurisdiction issues a stop work order. 5.3.4.4.2.3.9 Slow start or progress of off-site work that would impair project occupancy. 5.3.4.4.2.3.10 Other conditions of such nature or magnitude as to potentially cause a default, and warranting attention by HUD personnel. 5.3.4.4.2.4 Report noncompliance with the construction contract documents (plans and specifications) observed by the contractor and/or the supervisory architect. 5.3.4.4.2.5 Report reasonable dollar amounts requested by the builder and recommended by the architect for payment, based on the work-in place, construction contract and the cost breakdown. Report and list dollar amounts modified on Builder's Requisition (HUD-92448). 5.3.4.4.2.6 Report any labor problems, equal employment opportunity problems, or other labor related complaints either observed or reported. 5.3.4.4.2.7 Report the percentage of actual and scheduled project completion and the percentage of completion of each additive change order. Note the dollar value of change orders approved to date and list any pending change orders and their dollar value 5.3.4.4.2.8 Report compliance with each off-site work contract, if applicable, and the completed percentage of each. Report slow start or progress of off-site work that may delay occupancy. 5.3.4.4.2.9 Report any serious construction problems in accordance with Handbook 4460.1 REV-2, paragraph 3-14.A and the MAP Guide, paragraph 13.3.E. 5.3.4.5 Provide Photo Documentation of Construction Status (on-going construction, final inspection and guarantee/warranty inspections). The contractor shall provide a minimum of four (4) construction progress photographs with each trip report, HUD-95379, to the GTM and HUD CM within seven (7) business days of any site visit. The photographs shall be printed in a minimum size of three inches by five inches (3" X 5") on, a sheet of paper and clearly labeled with the project name, HUD project number, date taken and a brief narrative description adjacent to each photograph of the view and condition shown in each. Photographs shall be color digital photographs stored for print and electronic transmission. Digital photographs shall be stored in JPEG or GIF formats with a minimum resolution capable of producing 3" X 5" photo-quality prints. Provide additional photographs as necessary for identifying non-compliance with contract documents or HUD regulations. 5.3.4.6 The contractor shall perform the HUD final completion inspection upon final completion of the work, as defined under the definitions portion of this contract, in accordance with instructions in Handbook 4460.1 REV-2 paragraphs 3-16.A. and B. and Handbook 4435.01 REV-1, paragraph 1-11, and the MAP Guide, paragraph 13.6.B. The inspection(s), which are scheduled to release dwelling units to the owner and for which permission to occupy will be granted, should correspond to the twice-monthly inspection(s) which are routinely scheduled. The permission to occupy form(s) for all the dwelling units in a project (see also Sec. 5.4.7 below) shall be completed/granted prior to, or simultaneous to, granting final completion (100%) 5.3.4.6.1 The HUD final completion inspection trip report shall include the following statements or address the following issues: 5.3.4.6.1.1 "Date of Final Completion per Contract is / / ", "Construction acceptably completed," or "Construction acceptably completed subject to withholding disbursement or escrow of funds for completion of the listed items of delayed completion." List any items of delayed completion, and the estimated cost and recommended time for completing the work. 5.3.4.6.1.2 "Utility services (list services including electricity, gas, water, sanitary sewer, storm sewer, telephone, and cable TV, as applicable) are complete, connected, and operable." Where connection is precluded by incomplete off-site work, add to the statement, "Connection for (list) is awaiting installation of off-site lines." 5.3.4.6.1.3 "Safe and adequate ingress and egress have been installed to the site and all units and facilities." Where ingress or egress is precluded in part, add to the statement "except as follows: (list)." 5.3.4.6.1.4 Complete and date the final HUD-95379 on day of site visit. 5.3.4.6.1.5 Observe and attest to the acceptability of the work, connection of utilities, and property ingress and egress at final completion of the work. 5.3.4.6.1.6 At final completion, assure that form(s) HUD-92485, Permission to Occupy Project Mortgages, have been completed and signed for all dwelling units and that temporary or final certificates of occupancy have been issued by the local authority. 5.3.4.6.2 The contractor shall inform builder and owner/sponsor that cost certification requirements are defined in HUD Handbook 4470.2 Cost Certification Guide for Mortgagors and Contractors of HUD-Insured and Section 202/811 Multifamily Projects. The contractor shall inform builder to coordinate the completion of a final survey per construction contract requirements, prior to HUD final closing/final endorsement. (See construction contract and Handbook 4460.1 REV-2, paragraph 3-8 and the MAP Guide, paragraph 13.13) 5.3.4.6.3 The contractor shall verify that the builder and architect have prepared, or are coordinating in the preparation of, a set of "As Built" drawings and specifications (marked up JOB SET) which are to be turned over to the owner/sponsor after construction completion. 5.3.4.6.4 The contractor shall verify that supervisory architect has established warranty dates for all project/site improvements and specified 9-month and 12-month warranty inspections. The contractor shall report the warranty dates on final HUD-95379. 5.4 HUD CONSTRUCTION CONTRACT ADMINISTRATION TASKS 5.4.1 Monitor Inspecting/Supervisory Architect's Services. Advise the inspecting/supervisory architect on HUD requirements, monitor the performance against provisions of the Owner-Architect Agreement (AIA Document B181), and report on the performance in accordance with Handbook 4460.1 REV-2, paragraphs 3-4.K and the MAP Guide, paragraph 13.3.D.11. The contractor shall report inadequate performance on the HUD-95379. The contractor shall submit copies of the supervisory architect's field reports (AIA-G711 or other format) to the GTM and HUD CM within seven (7) business days of receipt. 5.4.2 Sign and date the periodic pay request (HUD-92448). The contractor shall indicate agreement with the reasonableness of the amount requested by the builder and recommended by the supervisory architect for progress payment. The contractor shall compare the HUD-92448, Builder's Requisition, and supporting documents with the HUD-2328, Schedules of Values, and the observed acceptably completed work and stored on-site materials. Payment for on-site stored materials must be supported and conform with Handbook 4460.1 REV-2, paragraphs 3-7 and 3-8 and Handbook 4435.01 REV-1 and the MAP Guide. The contractor shall: 5.4.2.1 Modify the requisition, as required, in accordance with instructions in Handbook 4460.1, REV-2, paragraph 3-6 and the MAP Guide, Appendix 13B. Report any modifications to the requisition on the HUD-95379. 5.4.2.2 Complete and sign the Inspector's Certification on the reverse of the HUD-92448 after all others have signed. 5.4.2.3 Return the HUD-92448 original and copies (all signed) to the owner's representative at the job-site upon completion of the pay draw review and signing of the documents, and deliver the signed copy to the GTM and a copy to the HUD CM within seven (7) business days of signing (for information purposes only). 5.4.3 Change Orders (HUD-92437). The contractor shall refer all change orders to the GTM and to the CM for HUD processing. Change orders must be signed by all parties and shall have appropriate backup documentation attached (builder's cost breakdown and architect's justification letter, with all change items defined as either necessities, betterments, equivalents or time extensions). Time extension change order(s) shall stand alone (no other items on change order form), shall be recorded in calendar days, and shall include bond surety consent. The Mortgagor/Sponsor shall submit one (1) original to the GTM and one (1) copy to the CM within seven (7) business days with all appropriate backup documentation attached. The contractor shall report determinations and description of proposed changes on the HUD-5379. NOTE: Assure that changes to off-site work are requested in a letter or other acceptable format, but not on the HUD-92437. Off-site changes shall be documented and processed the same as on-site changes. 5.4.4 The contractor shall monitor the proper use of Architect's Supplemental Instructions (ASI), AIA-G710, for compliance with Handbook 4460.1 REV-2, paragraph 3-13 and the MAP Guide, paragraph 13.4.D and provide copies of any ASIs to the GTM and the HUD CM within seven (7) business days of receipt. The contractor shall report the architect's improper use of AIA-G710 on the HUD-95379. The contractor shall assure that no cost nor time-related minor changes are reported via an AIA-G710. 5.4.5 HUD-92464, Request For Approval of Advance of Escrow Funds. The contractor shall sign and date the form. The HUD-92464 is typically utilized for payment of completed off-site work or for payment of completed change order work where escrow has been previously established. The HUD-92464 shall have been signed by all parties necessary and shall have builders' invoice attached. The contractor shall send a copy to the GTM and a copy to the HUD CM within seven (7) working days of contractor signing (for information purposes only). All signed originals of the HUD-92464 shall be returned to the owner's representative for further handling. Contractor shall inform all parties that it is the responsibility of the project mortgagor/sponsor (owner) or mortgage company (if any) for submitting the official (original) escrow release to HUD with the builders' invoice attached. 5.4.6 Employee Wage Interviews. The contractor shall conduct employee wage interviews with a representative sample of construction personnel in various trades who are on-site during any of the twice-monthly site/project visits. This requirement will apply only for projects where Davis-Bacon wage rates have been established. Every effort should be made to interview up to ten percent (10%) of the workers in all trades over the course of the project construction. The contractor shall record the wage interviews on the Record of Employee interviews (HUD-11). Refer to HUD Handbook 4460.1 REV-2 (Paragraph 3-4.K.6), MAP Guide (paragraph 13.3.D.11.f) and HUD Handbook 1344.1 (Section 1, Paragraph 3-2). Deliver the HUD-11s to the GTM together with the HUD-95379 that covers the visit. 5.4.7 FHA-2485/HUD-92485 (Permission to Occupy Project Mortgages). At final completion of work, the contractor shall inspect the completed dwelling units and sign and date the inspector's portion of the Permission to Occupy Project Mortgages (after the owner, builder, and architect have signed and dated) per HUD Handbook 4460.1 REV-2, paragraph 3-15, and Handbook 4435.01 REV-1, paragraph 1-11 and the MAP Guide (paragraphs 13.6.A & 13.14). The contractor shall forward the original to the GTM and a copy to the HUD CM for acceptance and further processing within seven (7) business days of signing. The contractor shall assure that copies of the local authorities' certificate(s) of occupancy or temporary certificate(s) of occupancy and the owner's proof of property insurance are attached to each copy. 5.4.7.1 Where there is early or phased occupancy of any part of the work (buildings), the contractor shall report all requests for permission to occupy and delayed items of completion on the HUD-95379, HUD Representative's Trip Report. For early or phased occupancy of buildings/structures, the contractor shall submit the HUD-92485, Permission to Occupy Project Mortgages, along with the Temporary Certificates of Occupancy or Certificates of Occupancy from the local building authority, and the owner's proof of property insurance to the GTM and the HUD CM within seven (7) business days of receipt. 5.4.8 Construction Record. The contractor shall maintain a file of project documents from project assignment through final completion of construction, incorporating appropriate documents as listed in Handbook 4460.1 REV-2 (paragraph 3-4.L) and the MAP Guide (paragraph 13.3.D.12) and submit the file to the GTM within seven (7) business days after completion of the 12 month or last warranty inspection. 5.5 GUARANTEE/WARRANTY INSPECTIONS 5.5.1 The contractor shall, as HUD's representative, schedule and perform a 9-month and 12-month warranty (guarantee) inspection per HUD Handbook 4435.01 (Paragraph 1-14), HUD Handbook 4460.1 (Paragraph 3-17) and the MAP Guide (paragraph 13.6.C). The main purpose of the two (2) inspections is to discover and require correction of latent defects (defective or non-conforming work not observed during construction) within one (1) year of the date of the HUD final completion inspection (substantial completion). Contractor shall identify latent defects in materials and/or workmanship per the contract documents for repair/replacement under warranty, as well as identify improper maintenance and casualty damage. Contractor shall verify completion of any approved items of delayed completion (and sign Release of Escrow if applicable). The reports shall include estimated cost of the defective work or repairs to the latent defects. 5.5.2 The first warranty inspection shall be close to the 9-month anniversary date of the HUD final inspection (substantial completion) and shall inspect the entire project (site improvements, building exteriors, landscaping, representative sample of the living units, etc.). The second warranty inspection shall be not later than the tenth day of the 12th month anniversary date of the HUD final inspection (substantial completion), and shall check the previously reported 9-month inspection defects and corrections and report any additional defects. 5.5.3 The contractor reports each guarantee inspection on the HUD-95379. The contractor shall note the following: 5.5.3.1 If work is acceptable, state "All observable work acceptable at the time of this inspection." 5.5.3.2 If unacceptable, list latent defects: 5.5.3.2.1 Describe each item, 5.5.3.2.2 Recommend method of correction, and 5.5.3.2.3 Estimate current cost of correction. 5.5.3.3 Status of delayed items of completion (if any). 5.5.4 Both inspections shall be conducted with representatives of the project builder (entity responsible for the construction of the project), project maintenance staff, owner/sponsor, supervisory architect, mortgage company (if any) and consultant (if any). 5.5.5 Deliver to GTM, with one (1) copy to the HUD CM, within seven (7) business days of inspection, HUD-95379 with photographs and a copy of correspondence from contractor to builder verifying transmittal of copy of the HUD-95379 to the builder. The correspondence shall list deficiencies deemed the builder's responsibility and identified before the expiration of the one (1) year warranty and shall require correction of the deficiencies by the builder. The corrections may include remedies through equipment and materials warranties. The status of delayed items of completion should be summarized. The correspondence shall include the following statement: "If the builder does not correct construction deficiencies or complete delayed items in a timely fashion, remedies will be sought through the surety or use of retainage, escrow or letter of credit where available. HUD may also pursue sanctions against the builder for failure to correct deficiencies or for failure to finish delayed items of completion." 5.6 ADDITIONAL INSPECTIONS 5.6.1 Additional inspections assigned by the GTR and approved by the contracting officer will be covered by a modification to the Task Order issued to the contractor or authorized by the HUD Contracting Officer. Upon assignment by the GTR of an additional project inspection, the contractor shall perform the duties which are applicable, record inspection results on the HUD-95379 and submit the original to the GTM with a copy to the HUD CM within seven (7) business days of the site/project visit (include photographs). 5.6.2 For certain projects, the contractor will be requested by the GTR to perform an additional inspection to report on the builder's finishing any delayed items of completion which were noted at the time of the HUD final inspection. Said inspection shall be conducted only after prior discussion with the GTR. 1.1 The workload estimates reflect HUD's best estimates for the number of projects to be serviced (visits to project) to be performed during the specified time periods for the geographic area serviced Buffalo HUD Multifamily Office. 1.2 The contractor understands that the actual workload is highly dependent on several factors, both within and beyond the control of HUD and therefore is subject to variations. The number of projects to be serviced and inspections to be performed could fluctuate significantly due to changes in market conditions or changes in HUD policy. The contractor shall be aware that this contract only guarantees that HUD will assign to the contractor projects that are not assigned to another contractor as of the date of award of this contract. HUD does not guarantee any specific quantity of projects or inspections beyond the minimums stated. (TO BE DETERMINED) 1.3 Attachment A to this exhibit identifies MF HUD insured and Capital Advance projects accomplished in the past. And assumes that Attachment A provides a representative sampling of the possible yearly project workload along with a sampling of the distribution of project location. The prices established in Section B are firm and will not be subject to adjustment based upon fluctuations or differences in the actual inventory from these estimates. (TO BE DETERMINED) Projects listed below are provided for historical purposes and were used to form the basis for the estimated quantities utilized in the Pricing Schedules, Section B. This list provides a snapshot of the diversity of unit size, program type and location of past projects. The actual number of projects and the resultant number of construction inspections during any one year period of the contract shall vary depending on the actual number of construction starts and the duration of each project. PERFORMANCE REQUIREMENTS SUMMARY/STANDARDS (PRS) 1.1 PERFORMANCE REQUIREMENTS (TO BE DETERMINED) 1.1.1 The contractor shall meet all of the performance requirements defined in the contract. However, there are specific requirements for which HUD has determined performance standards will be specified, and the contractor's achievement of those standards will affect the monthly and the total price to be paid for inspection services. The performance standards to be measured are stated below and are based on a project-by-project evaluation. 1.1.1.1 Contractor shall obtain construction start letters from the builder for 100 percent of all new projects starting construction that are assigned to the contractor. The contractor shall forward the letters to HUD by the due date. Any deviation will result in a one-time 5 percent reduction in payment based on the fixed price per inspection for that project. 1.1.1.2 95 percent of contractor's twice-monthly inspection reports (HUD-95379), including photographs and, when applicable, employee wage interviews, Supervisory Architect's Field Reports (AIA G711 or other format); construction change documents, AIA G710, Architect's Supplemental Instructions; HUD-92464, Request for Approval of Advance of Escrow Funds; or occupancy approval forms, shall be acceptable to HUD and submitted to HUD by the due date. If the contractor achieves over 98 percent for any given month, a 2 percent bonus will be paid based on the contractor's monthly invoice for that month. Any deviation below this standard for any given month will result in a 3 percent reduction in payment based on the contractor's invoice for that month. 1.1.1.3 One of the contractor's site visits/inspections performed during any monthly period shall coincide with the signing of the builder's monthly requisition/pay draw (HUD-92448) for 100 percent of the builder's requisition/pay draws required during that month for which the contractor is invoicing. Any deviation below this standard for any given month will result in a 5 percent reduction in payment based on the contractor's invoice for that month's builder's draw inspection(s). 1.1.1.4 95 percent of Builder's Requisitions (HUD-92448) submitted to HUD by the contractor during any one month shall be correct and timely. If the contractor achieves over 98 percent for any given month, a 2 percent bonus will apply based on the contractor's invoice for that month's builder's draw inspection(s). Any deviation below the 95 percent standard for any given month will result in a 3 percent reduction in payment based on the contractor's invoice for that month's builder's draw inspection(s). 1.1.1.5 Contractor shall submit to HUD a proper, complete, and final Construction Record for 100 percent of all projects assigned which the contractor inspected during the project construction period. The Construction Record shall be submitted within seven (7) business days after the 12 month or last warranty inspection. Any deviation below this standard will result in a one-time 5 percent reduction in payment based on the project's fixed price per inspection times the number of inspections completed for that project. 1.1.2 The standards stated above do not affect the Government's rights and remedies under other contract clauses, including Inspection of Services, for these measured standards or any other contract requirements. 1.1.3 Surveillance Method. The GTM will monitor, on a monthly basis, submittals by the contractor for compliance with all contract requirements as well as the specific performance requirements standards defined under 1.1.1 above. &emsp; 1.2 GOVERNMENT PERFORMANCE ASSESSMENT PLAN 1.2.1 The GTR and GTM will evaluate the contractor's performance on all projects to determine if the contract standards are met via the following: 1.2.1.1 Review of monthly-monthly inspection reports (HUD-95379) generated and submitted to HUD by the contractor. 1.2.1.2 Review of HUD forms related to construction contract administration submitted by the contractor as to proper completion per HUD handbooks and regulations. 1.2.1.3 Review of contractor's performance in the field on a random basis by site visits to MF projects under construction or in warranty period. Site visits may be unannounced or may coincide with builder's monthly requisition for payment. 1.2.1.4 During a field/site review, or at the HUD office, the contractor shall attend training sessions, as scheduled by the GTM during the term of this contract. Such training sessions will occur as the GTM deems necessary for the purpose of addressing programmatic and technical issues relevant to the project. 1.2.2 When HUD observes defective performance during quality assurance reviews, the GTR will request the contract manager to respond to the deficiency. The contractor shall respond to the deficiencies in writing within seven (7) business days of receipt. If the contractor agrees with the deficiencies and the GTR determines corrective action is required, the contractor shall comply with the requirements of the specific task. If the deficiency is disputed, the contract manager shall attempt to resolve the issue with the GTR. If a disagreement remains, it must be elevated for a decision by the contracting officer. HUD reserves the right to take corrective actions under the terms and conditions of the contract relating to continually defective performance. 1.2.3 The contract manager may be required to attend performance meetings on a monthly basis with the GTR, GTM, and contracting officer. These meetings will normally be held by telephone, unless the GTR determines a need for a face-to-face meeting. If performance warrants, the GTR, GTM, and contracting officer may determine to have meetings more or less frequently. PERFORMANCE REQUIREMENTS STANDARDS (PRS)/SUMMARY CHART (INCENTIVES AND DISINCENTIVES AND SURVEILLANCE FREQUENCY TO BE DETERMINED) WHAT IS SAM? The System for Award Management (SAM) is the Official U.S. Government system that consolidated the capabilities of CCR, ORCA, and EPLS. There is NO fee to register for this site. Entities may register at no cost directly from www.sam.gov.User guides and webinars are available under the Help tab. GENERAL DESCRIPTION OF WORK Please see above that the tasks require a set of skill: CONTEMPLATED PERFORMANCE METRICS Contemplated performance metrics: TBD. CONTEMPLATED REPORT REQUIREMENTS See above the types of reports contemplated here. CONTEMPLATED MAGNITUDE OF THE PROJECT The potential dollar range of the contemplated requirement here: $500,000 FOR five years.) CONTEMPLATED PLACE OF PERFORMANCE The potential place of performance of the contemplated requirement: Contractor locale.) RESPONSE REQUESTED This synopsis is a market research tool being used to determine the availability and capability of potential sources prior to determining the method of acquisition and whether the government will proceed with this acquisition. The Government will not pay for any information solicited. If a contract is ultimately pursued, responses to this synopsis will be used to aid in determining the strategy. All qualified firms are encouraged to respond. The capability statement shall address, at a minimum, the following for the past three years: 1. Name and address of company and or companies (if there is a teaming arrangement or joint venture); 2. Technical expertise relevant to the requirement; 3. Technical approach relevant of the requirement (1 to 2 paragraphs); 4. Management approach relevant to the requirement (1 to 2 paragraph); 5. Corporate experience relevant to the requirement (1 to 2 paragraph); 6. Indicate if you are a small business or any other socio-economic categories that apply to your firm under the designated NAICS code; 7. Relevant past performance. Your capability statement needs to include a list of three customers (Government/non-Government) within the past three (3) years highlighting similar work in nature, scope, complexity, and difficulty and a brief description of the scope of work. Your submission for relevant past performance must include for each customer: • Contract name; • Contracting Agency or Department, POC and contact information; • Yearly contract value (in $); • Whether your firm was the prime or a subcontractor; • Period of performance; • Description of work and how it relates to the requirements. Interested firms responding to this market survey must provide a capability statement demonstrating their experience, skills and capability to fulfill the Governments requirements for the above. The capability statement shall be in sufficient enough detail, but not exceed _10_ pages TOTAL, so that the Government can determine the experience and capability of your firm to provide the requirements above. Please specify one primary and one alternate Point of Contact (POC) within your firm, including telephone numbers and email addresses in case clarifications of your submission are needed. Only electronic copies of capability statements will be accepted and should be emailed to: alfredo.valentin@hud.gov. The e-mail shall contain the following subject line: Response to Sources Sought Notice - Multifamily Construction Inspections - Buffalo The Government may use the responses received to determine whether to proceed with the acquisition as a set-aside, or in the absence of a least two small business responses to this notice, may determine to proceed with a full and open competition under FAR Parts 12/15. This decision and whether to proceed with the acquisition is at the sole discretion of the Government. For more information please visit: http://www.hud.gov/offices/osdbu/marketing.cfm All interested contractors should submit their capability statements by TIME: 12:00 Noon _Central Time__ on DATE: Tuesday, March 18, 2014, Attention Alfredo Valentin, Contract Specialist. Late responses will not be considered.
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Place of Performance: Address: Contractor Locale, Buffalo Area, New York, United States
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