Request for Design, Engineering & Consulting Services Block 49 ...

Request for Design, Engineering & Consulting Services 

Block 49 – Phase I Hunters Point Shipyard 

Issue Date: November 15, 2012 

Title: DESIGN, ENGINEERING & CONSULTING PROPOSALS – BLOCK 49 

Job Code: PROFESSIONAL SERVICES 

Issuing Agency & Address: AMCAL Multi-Housing, Inc. 

330 Townsend St., #236 

San Francisco, CA 94107 

Location of Work: Block 49; Bayview Hunters Point Shipyard, 

San Francisco CA 94124 

Period of Contract: February, 2012 – December, 2014 

All inquiries for information should be directed via e-mail to: 

Bre Jones 

Project Manager 

brejones@jfjones.com 

One PDF soft copy of the proposal for furnishing the services described herein will be received until 4:00 

p.m. PST on December 18, 2012. Proposals must reach the above email address by the deadline stated. 

Developer, co-developer or the Architect is not responsible for any expenses related to the preparation or 

presentation of the RFQ. 

In compliance with this Request for Qualifications, which includes all provisions and appendices attached 

and referenced therein, and subject to all the terms and conditions set forth herein, the undersigned offers 

and agrees to furnish the services described in the RFQ cited above and submit this completed and signed 

page, and other data as required by the RFQ. It is understood that this proposal and the scope of services 

may be modified, by mutual agreement in subsequent negotiations.

AMCAL 

Block 49 RFQ 

November 19, 2012 

CONSULTANT INFORMATION: 

Business Name 

____________________________________________ ____________________________ 

Contact Person Phone Number 

_____________________________________________ ____________________________ 

Title Date 

(Signature in Ink) 

Business Address 

FEIN/SSN # _______________________ 

RFQ SCHEDULE 

RFQ Released November 19, 2012 

Bid Conference December 7, 2012 @ 10AM 

(at 1 South Van Ness Street, 2 Floor Atrium) 

Deadline for Questions on RFQ December 5, 2012 

Written Response to Questions December 10, 2012 

RFQ Due date December 20, 2012 5pm 

Fee Proposal Requested from Shortlisted Firms Between January 2013 – March 2013 (Depending on 

specific disciplines) 

Interviews (If Necessary) Between January 2013 – March 2013 (Depending on 


Selection Announced Between February 2013 – May 2013 (Depending on 


I. PURPOSE 

This Request for Qualifications (RFQ) is issued for professional design, engineering, and consulting 

services by AMCAL Multi-Housing (“Developer”), Young Community Developers (“Co-Developer”), and 

David Baker + Partners in association with Interstice Architects (“Architect”) in connection with the design 

of the Block 49 development in the Hunters Point neighborhood in San Francisco (the “Project”). 

Developer has retained Architect to coordinate the design work and develop the creative and 

programmatic vision for the Project. Consultants hired pursuant to this RFQ will either be subcontractors 

of Architect or will be contracted directly by Developer or its affiliates.

AMCAL 



At this time, we are requesting qualifications from prospective firms to provide services in the following 

categories which are expected to be necessary as a part of the Project development: 

Consultants of Developer: 

� Environmental Consultant 

� Civil Engineer 

� Utility Consultant 

� Acoustical Engineer 

� Waterproofing Consultant 

� Lighting Designer 

� Sustainability/Green Point Consultant 

Subconsultants of Architect: 

� Structural Engineer 

� Mechanical / Plumbing Engineer 

� Electrical Engineer 

Prospective consultant firms should offer a full range of technical services to be performed by key staff 

with experience including, but not limited to, construction document production and construction 

administration services related to rental multifamily housing projects. In addition, prospective firms will 

need to meet the following experience requirements: 

1. Minimum six (6) years of professional experience in multi-family attached housing projects of 30 units or 

more in size and Type V-A construction over a podium garage above or below grade. Design experience 

with a sloping site is strongly encouraged. 

2. Minimum of three (3), new urban in-fill, high-density, wood frame housing projects of 30 units or 

more in size and Type V-A construction over a podium garage above or below grade. 

II. BACKGROUND 

Along with the Bayview residents, the Mayor’s Hunters Point Shipyard Citizens Advisory Committee, and the 

City and County of San Francisco, Office of the City Administrator, as Successor Agency to the San 

Francisco Redevelopment Agency, Lennar Urban (Lennar), as master developer, is transforming the 

Shipyard into a new community. The initial phase of development includes up to 1400 new homes, 40 acres 

of new parks, trails, and open space featuring spectacular views of the bay. Lennar began implementing the 

development plan in summer 2005. 

AMCAL Multi-Housing, Inc. has entered into agreement with Lennar for purposes of developing 

affordable housing on the site know as Block 49 in the Hunters Point Shipyard (the “hilltop” sub area) 

initial phase, and as such is partnering with Lennar to achieve the goals and obligations referenced 

above. 

Block 49, specifically, is a site bounded by Donahue, Kirkwood, and Friedell Streets in San Francisco, 

California will be a 60 unit, new construction, affordable family housing development with a below grade 

enclosed garage, common spaces, building support spaces, and landscape exterior spaces (see Exhibit 

A – Site Plan & Massing Diagram). 

III. POLICY ON MINORITY AND WOMEN-OWNED BUSINESSES

AMCAL 



The project team intends to contribute to the preservation and strengthening of small businesses and 

businesses owned by women and minorities, and to that end WBE/MBE qualified businesses are 

encouraged to apply. 

The project team is committed to making a good faith effort to contract with professional services 

organizations certified with SFRA as Minority-owned (MBE) or Women owned (WBE) or 

Minority/Women owned Business Enterprise (W/MBE). The participation goals are as follows; 

� MBE 20% 

� WBE 18% 

As of March 30, 2012, the Agency no longer directly certifies MBEs and WBEs but instead relies on the 

information provided to the City and County of San Francisco Local Disadvantaged Business Enterprise 

LBE certification business unit. LBEs that are owned by minorities and women and meet the Agency’s 

certification criteria will also count towards the MBE and WBE goals for this development. 

For information regarding LBE certification, please visit the following websites: 

http://sfgsa.org/index.aspx?page=5364 

For any further questions regarding the Agency M/WBE Program, please contact George Bridges of the 

Contact Compliance Division at George.Bridges@sfgov.org 

IV. QUALIFICATION REQUIREMENTS 

A. RFQ’s shall be signed by an authorized representative of the principal owner, or Executive Director 

of Respondent. By submitting a response, the Respondent certifies that all information provided in 

response to this RFQ is true and accurate. Failure to provide information required by this RFQ will 

ultimately result in rejection of the submitted response. 

B. Qualifications should be prepared simply and economically, providing a straightforward, concise 

description of the business’s capabilities for satisfying the requirements of the RFQ. Emphasis 

should be on completeness and clarity of content. 

C. The Respondent’s qualification package shall include: 

1. A completed and signed RFQ cover page. 

2. A brief history of the business/organization including the bios of owners and/or principals, 

and key staff, including the bios of staff proposed to work on this project. Include 

employee’s professional licenses, accreditations and memberships. 

3. Describe how your past work experience qualifies your company /organization to perform 

the work describe in the “Scope of Work.” 

4. Experience with Build-It-Green Certification and LEED for Homes process 

5. A schedule of hourly rates for all disciplines and team members likely to provide work on the 

Project. 

6. If applicable letter of W/MEB status from SF Redevelopment Agency, or SF Human Rights 

Commission. 

7. Copy of AMCAL form of consultant agreement (see Attachment A) with any comments, 

exceptions, or modifications desired by Consultant (for owner direct consultants). 

D. All documentation submitted with the qualifications shall be included in that single PDF file (limited 

to 10MB). Elaborate brochures and other representations beyond those sufficient for presenting a 

complete and effective presentation are neither required nor desired. 

E. Any information thought to be relevant, but not specifically applicable to the enumerated scope of 

Work, may be provided as an appendix to the proposal.

AMCAL 



Additional Submittal Requirements for Consultant firms, Prior Experience and References if 

applicable: 

� Provide examples of projects that contain high-density, wood frame multi-family or senior 

housing. Information presented about the projects must include the following: 

� Name, address, phone number and email address of a reference (developer and 

contractor) that can be contacted for each project. 

� Description of project, including: 

1. Number and type of units included in project 

2. Total square footage of project 

3. Density of the project along with the size of the site 

4. New construction or renovation 

5. Construction type of project (e.g., Type V-1 hour) 

6. Identify for-sale condominium housing projects vs. rental 

7. Amount of parking 

8. Construction cost 

9. Role on project 

Additional Submittal Requirements for all other firms, Prior Experience and References if applicable: 

� Provide a chronological listing of recent applicable experience. 

� Provide references (names, phone numbers, title, company) that can be contacted. Must 

include past clients as references. 

V. EVALUATION 

Evaluation Criteria: Proposals shall be evaluated by Developer, Co-developer and Architect using the 

following criteria: 

A. The strength of the consultant’s qualifications to undertake the subject scope of services; 

B. Experience in working with the jurisdictions (San Francisco & Hunter’s Point) affecting 

this project; 

C. Depth of experience with projects of similar size and scope; 

D. Professional references from developers, general contractors, and/or architects; 

E. Proposed staffing for this project, and ability to provide the requested services; 

F. Insurance in good standing; 

G. Letter of W/MEB status from SF Redevelopment Agency, or SF Human Rights Commission 

H. Other criteria that are deemed to be in the best interest of the Project and/or Developer 

Generally, the selection committee will consider the business/organization overall suitability to provide the 

required services within the project's time, budget and operational constraints, and it will consider the 

comments and/or recommendations of the business/organization previous clients, as well as other 

references. 

VI. AWARD OF CONTRACT

AMCAL 



After evaluation of the Qualifications received in response to this RFQ, Developer, Co-developer and 

Architect shall engage in individual discussions and interviews with one or more respondent deemed fully 

qualified, responsible and suitable on the basis of initial responses, and with professional competence to 

provide the required services. Proprietary information from competing responders (including any data on 

estimated hours or rates and the plan for accomplishing the scope of work) will not be disclosed to the public 

or to competitors. Interviews are at the discretion of the Developer and will only be conducted if deemed 

necessary. 

Developer, co-developer and Architect will rank, in the order of preference, the interviewed responders 

whose professional qualifications and proposed services are deemed most meritorious. Negotiations shall 

then be conducted with the Respondent ranked first. If a contract satisfactory and advantageous to by 

Developer, Co-developer and Architect can be negotiated at a fee considered fair and reasonable, the 

award shall be made to that Respondent. Otherwise, negotiations with the Respondent ranked first shall be 

formally terminated and negotiations conducted with the Respondent ranked second, and so on, until such a 

contract can be negotiated at a fair and reasonable fee. Should Developer, Co-developer and Architect 

determine in writing and in its sole discretion that only one Respondent is fully qualified, or that one offer is 

clearly more highly qualified and suitable than the others under consideration, a contract may be negotiated 

and awarded to that Respondent. Should Developer, Co-developer and Architect find that there are no 

qualified respondents the team will re-issue the RFQ. 

VII. FEES 

The fee for services shall be negotiated on a lump sum basis considering the Scope of Work required, the 

estimated hours required for each level/discipline and the typical labor rates for the various skill levels 

required for the work. 

VIII. ATTACHMENTS 

Attachment A: AMCAL form of Consultant Agreement and Insurance Requirements 

Attachment B: Site Plan & Massing Diagram

Project: NAME 

Cost Code: W11 

Discipline: Field 

Amount: $ 00.00 

CLIENT: 

Name: AMCAL GENERAL 

CONTRACTORS, INC. 

Address: 30141 Agoura Road, Ste. #100 

Agoura Hills, CA 91301 

Phone: (818) 706-0694 

Fax: (818) 889-9158 

California General Contractor 

License No.: 460688 

AGREEMENT BETWEEN CLIENT AND CONSULTANT 

OWNER: 

Name: AMCAL MULTI-HOUSING, INC. 

[OR AMCAL FUND NAME XXX, L.P.] 

Address: 30141 Agoura Road, Ste. #100 


CONSULTANT: 

Name: CONSULTANT 

Address: 

, CA 9 

Phone: () - 

Fax: () - 

Contact: 

Email: 

Contract entered into at Agoura Hills, California this XX day of MONTH, YEAR, by and between 

Client and Consultant (“Contract”): 

R E C I T A L S 

A. Client intends to develop and construct [project description] consisting of a XXX-unit residential project 

(CROSS STREETS AND APNs) located in CITY, California, hereinafter called the “Project”. 

B. In connection with development of the Project as a residential development, and for the benefit of Owner, the 

Client and Consultant intend to enter into this Contract whereby Consultant will perform the Services (defined 

below) more particularly described on Exhibit “A” attached hereto, which Services represent the Consultant’s 

area of expertise, in accordance with the Project schedule as identified in Exhibit “B” attached hereto, in 

exchange for compensation as set forth in Exhibit “C” attached hereto, as may be revised pursuant to the terms 

herein. 

NOW, THEREFORE, the Parties hereto (Client and Consultant), for valuable consideration, the receipt and sufficiency 

of which are hereby acknowledged, agree to the following: 

1.0 SCOPE OF SERVICES 

CONTRACT NUMBER 

___________________________ 

1.1 Services. The Consultant shall cause to be completed the Services described in Exhibit “A”, including all labor, 

materials and other items required to complete such services (“Services”) for the compensation referenced herein. 

Notwithstanding the Services described on Exhibit “A”, Consultant agrees to provide Services which include, to the 

extent applicable, revisions to all plans, specifications, and reports necessary to receive final approval from the 

responsible city, county or independent third party consultant hired by the responsible governmental authority. In 

connection with obtaining final approval, Consultant’s Services shall include attendance at all meetings with the 

applicable city, county staff, or independent third party consultant which are deemed necessary by Client to obtain 

approval. Consultant agrees to perform such Services within a set time frame (identified in Exhibit “B”) as an 

independent contractor, and is not an employee, partner, agent, or principal of Client. Additionally, if Consultant is 

AMCAL Consultant Agmt (aff) 11-14-07 Consultant ______ 

Ver: AMCAL Consultant Agmt (aff) 11-14-07 

Client ______ 

1

providing Architectural, Landscaping, MEP, or Title 24 related Services, Consultant agrees to adhere to standards and 

requirements for design and construction identified by the California Tax Credit Allocation Committee, as they may be 

updated from time to time, as posted on their website at http://www.treasurer.ca.gov/ctcac/, and all other applicable 

design requirements governed or promulgated by the federal Fair Housing Act, the Uniform Federal Accessibility 

Standards (UFAS), Title III of the Americans with Disabilities Act of 1990 (ADA) , HOME Program design guidelines 

and criteria, and any other state or federal requirements. 

1.2 Minor Modifications in Services. Client may order Consultant, in writing or orally, without invalidating this 

Contract, to make changes in the Services. The Consultant, prior to the commencement of such changed or revised 

Services, shall promptly submit to the Client, in writing, the claim for adjustment to the compensation amount set forth 

on Exhibit “C” and time of completion (e.g., modification to the Project Schedule in Exhibit “B”) for such revised 

Services. Such claim for adjustment shall be in a manner consistent with the requirements of this Contract. Any change 

in Services from those described in Exhibit “A” shall be considered additional services and are subject to additional 

compensation to the Consultant if such revisions in the Services are required due to: (1) the need for such additional 

services to accommodate services inconsistent with approvals or instructions previously given by the Client, including 

revisions made necessary by adjustment in the Client’s Project or Project budget; (2) the enactment, or revision of codes, 

zoning or building ordinances, laws or regulations subsequent to the preparation of documents referenced in Exhibit “A” 

or performance of Services described therein; and (3) the need to provide services not otherwise included in this 

Contract, or services requested by Client beyond the scope of the Services described herein and listed on Exhibit “A”, 

including, but not limited to, additional Client meetings, consultant review and coordination, and document revisions. 

The Consultant agrees that no claim for adjustment shall be valid unless the Consultant obtains the Client’s written 

approval prior to the commencement of such changed or revised Services. Absolutely no invoices for services outside 

the scope of Services set forth on Exhibit “A” will be paid unless such prior written approval has been obtained. 

1.2.1 Cost Adjustment. The cost or credit to the Client resulting from changes affecting the Services under 

this Contract shall be determined in one or more of the following ways: 

A. By mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to 

permit evaluations by the Client 

B. By hourly prices stated in this Contract (e.g., Exhibit “C”) or subsequently agreed upon by the Parties; or 

C. By cost determined in a manner agreed upon by the Parties in a mutually acceptable fixed or percentage fee. 

1.3 Correction of Services. The Consultant shall promptly correct all Services identified by the Client as failing to 

conform to the Contract. The Consultant shall bear all costs of correcting such rejected Services. 

1.3.1 Failure to Correct. If Consultant does not proceed with correction of such nonconforming Services 

within a reasonable time as fixed by written notice from the Client, the Client may terminate this Contract. 

1.4 Compliance with Laws. Consultant shall ascertain the applicability of, and comply with, all federal, state and 

local statutes, codes, laws and administrative regulations, including, but not limited to, those related to environmental, 

fire, safety and health matters, the Americans with Disabilities Act, Fair Housing Act, tax laws, social security acts, 

unemployment compensation acts, and worker’s compensation acts, applying to the Services and the Contract. 

Consultant represents and warrants it is familiar with, and agrees to observe, those work procedures and processes which 

represent the highest and best currently accepted standards of performance in the industry for the Services. 

1.4.1 Failure to Comply. If the Consultant performs any Services contrary to applicable laws, statutes, 

ordinances, rules, regulations, or professional standards of Consultant’s profession, Consultant shall assume full 

responsibility therefor and shall bear all costs attributable thereto. 

1.5 Instruments of Service. Any drawings, specifications, work product and other instruments of the professional 

Services prepared by and on behalf of Consultant pursuant to this Contract (the “Instruments of Service”) shall, upon the 

payment of the related fees, be assigned to Client as the sole and exclusive property of Client and Client’s assigns, 



Client ______ 

2

nominees, and successors. If Client should use or allow the use of the Instruments of Service without Consultant’s 

participation for other projects, then Client shall assume all risks attendant in such use and waive any related liability 

against Consultant, and shall, to the fullest extent allowed by law, release Consultant from and against any and all 

claims, liability, costs and/or loss related to such use. The foregoing notwithstanding, Consultant may at all times retain 

possession of any and all Instruments of Service fixed in any electronic medium, and copies of said Instruments of 

Service provided to Client. 

1.6 Unauthorized Services. Under no circumstances is Consultant to perform any services or work at the Project 

at the direction of any person or entity, including any governmental authority or agency, other than Client or its 

designated representatives (“Unauthorized Services”). Consultant is to notify Client immediately of any 

communications Consultant receives that calls for performance of Unauthorized Services. Any Unauthorized Services 

shall be at Consultant’s sole expense. Without limiting any other remedy available to Client, and to the fullest extent 

permitted by law, Consultant shall indemnify Client and Owner for any expenses or liabilities that Client or Owner 

incurs, as a result of Consultant’s Unauthorized Services. 

2.0 COMPENSATION 

2.1 Amount. Subject to the provisions herein regarding changed or revised Services, the Client shall pay the 

Consultant, for the performance of the Contract, the compensation amount more particularly specified in Exhibit “C”. 

2.2 Payment. Payment received by the Consultant shall be used to satisfy the indebtedness owed by the Consultant 

to any persons performing the Consultant’s Services in this Project before it is used in any other manner. 

2.2.1 Non-Acceptance. Payment to the Consultant does not constitute or imply acceptance of any portion of 

Consultant’s Services. 

2.2.2 Timing. The Consultant shall invoice the Client on a monthly basis in proportion to Services completed 

and expenses accumulated. Each invoice or request for payment by the Consultant shall indicate the percentage of 

completion of each portion of the Consultant’s Services as of the end of the period covered by the invoice or request 

for payment. As long as Consultant is not in default under this Contract (e.g., failure to provide proof of insurance, 

non-performance of the Services, failure to comply with the Project Schedule or with other provisions of this 

Contract), invoices duly completed in the required format (see Form C.1) and received by the first day of the month 

shall be paid on the last day of that month per Client’s payment procedure. (However, payment may take 45 to 60 

days depending on the funding source.) 

2.3 Waivers. As a prerequisite for payment and if applicable, the Consultant shall provide, in form satisfactory to 

the Client, partial lien or claim waivers and affidavits from Consultant and Consultant’s suppliers or subcontractors for 

the completed Consultant’s Services. Such waivers may be made conditional upon payment. 

2.4 Final Payment. Before the Client is required to pay Consultant’s request for final payment, Consultant shall 

submit to the Client the following: 

2.4.1 Affidavit. An affidavit that all payables, bills, materials, and equipment, and other indebtedness 

connected with the Consultant’s Services for which the Project or the Client might in any way be liable, have been 

completely paid or otherwise fully satisfied; 

2.4.2 Certification. Certification that insurance required by the Contract remains in effect beyond final 

payment and will not be canceled or allowed to expire without at least thirty (30) days written notice to the Client; 

and; 

2.4.3 Other Data. Other data if required by the Client, such as receipts, releases, waivers or liens to the extent 

and in such form as may be designated by the Client. 



Client ______ 

3

2.5 Remedies for Nonpayment. If Client does not pay the Consultant through no fault of the Consultant, within ten 

(10) days from the date payment should be made as provided in Section 2.2.2 of this Contract, the Consultant may, 

without prejudice to other available remedies, upon seven (7) additional days written notice to the Client, stop 

performance of the Services until payment of the amount owing has been received by Consultant. 

2.6 Retainer. Consultant shall not require a retainer fee be paid as a precondition to the commencement of services 

rendered under this Contract. 

2.7 Reimbursables. Consultant shall arrange for all blueprinting and reproduction to be completed by 

CyberCopy, Inc. (Thousand Oaks, CA) or other location requested or approved by Client at a cost agreeable to Client. 

All reimbursable expenses shall be billed directly to Client. Client shall not be obligated to pay any reimbursable 

expenses unless it approves of the expense prior to submittal of the relevant invoice. 

2.8 Markup. Client shall not be billed, and shall not pay, markup on any reimbursable cost, third party consultant 

cost, or administrative expense. 

3.0 CLIENT OBLIGATIONS 

3.1 Construction Schedule. If necessary, as soon as practical after execution of this Contract, the Client shall 

provide the Consultant copies of Client’s project development and construction schedule (i.e., an addendum to Exhibit 

“B”), together with such additional scheduling details as will enable the Consultant to plan and perform the Consultant’s 

Services. 

3.2 Communication. The Client shall promptly make available to the Consultant information which affects the 

Consultant and which becomes available to the Client subsequent to execution of this Contract. The Client shall not give 

instructions or orders directly to employees of the Consultant, except to persons designated as authorized representatives 

of the Consultant. 

4.0 CONSULTANT OBLIGATIONS/REPRESENTATIONS 

4.1 Scope. The Consultant shall furnish all the labor, materials and services as are necessary for the proper 

performance of the Consultant’s Services set forth in Exhibit “A” in strict accordance with, and reasonably inferable 

from, this Contract, and shall complete such Services in accordance with the time frame set forth in Exhibit “B” for the 

amount set forth in Exhibit “C”. 

4.2 Qualifications/Warranties. Consultant warrants and represents to Client and Owner that Consultant has the 

requisite qualifications and skills necessary to perform the Services in a competent and professional manner in 

accordance with applicable industry standards of Consultant’s profession and that all Services will be performed with 

reasonable care, skill and diligence in accordance with the highest and best currently accepted design professional 

principles and practices. This warranty is in addition to any other warranties, either express or implied. Consultant’s 

failure to perform the Services in such a manner shall be deemed a material breach of this Contract. 

4.3 Project Financing. Consultant hereby acknowledges that Client intends to finance the development of the 

Project by obtaining an equity investment from one or more investors and loans from one or more lenders. As a 

condition precedent to making such investments and/or loans, such investors and lenders may require that Consultant 

execute and deliver reliance letters, permitting such investors and lenders to rely on work product produced by the 

Consultant hereunder (the “Reliance Letters”), and (b) consents to collateral assignments of this Contract by Client as 

security for such investment and loans (the “Consents to Assignment”). Consultant hereby agrees promptly to execute 

and deliver any and all such Reliance Letters and/or Consents to Assignment upon request of Client. Consultant shall 

not be entitled to any further compensation in connection with the execution and delivery of any such Reliance Letters 

and Consents to Assignment. 



Client ______ 

4

4.4 Confidentiality. Consultant shall not disclose any details of the Project with any member of the public or any 

other individual, group, or entity, without express written permission from the Client, unless so doing is a requirement to 

complete the Services. The Consultant shall not discuss the Project with any person or entity other than those within its 

own firm (and then only as necessary to perform the Services) and with any employee of the Client unless specifically 

instructed to do so by the Client. 

4.5 Safety. Consultant shall at its own cost and expense protect its own employees from risk of death, injury of 

bodily harm arising out of or in any way connected with the Services, and Consultant shall ascertain the applicability of, 

and shall strictly comply with, all safety orders, rules, regulations or requirements of all federal, state and local 

government agencies exercising safety jurisdiction over the Services, including, but not limited to, federal and state 

OSHA regulations. 

4.6 Owner’s Remedy. In addition to all other rights and remedies Client may have at law, in equity or under this 

Contract, in the event Consultant fails to perform its obligations under this Contract, including without limitation, the 

correction of defective work in accordance with this Contract, Client shall have the right to perform such obligations or 

complete Consultant’s Services, and Consultant agrees to reimburse Client upon demand for all costs and expenses 

incurred by Client in performing such obligations and in completing the Services. 

5.0 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION. 

5.1 Commencement. The Consultant’s date of commencement shall be the date of this Contract, as written above. 

5.2 Completion. The Services of the Contract shall be completed not later than the date set forth in Exhibit “B”. 

Time is of the essence for performance of the Services, and Consultant agrees to the performance of its Services in 

accordance with the Project schedule set forth in Exhibit “B”. 

5.3 Delays. If the Consultant does not commence the Services in accordance with the Project schedule, or if at any 

time the Services are not performed in accordance with such schedule, the Consultant agrees, upon two (2) days written 

notice from the Client, to provide the necessary personnel to complete the designs and to provide such services as 

necessary so as to expedite the Services. Consultant shall work overtime, at the direction of the Client, without 

additional costs to the Client, if such overtime work is necessary to cure delinquency in maintaining the Project schedule 

and such delinquency is due to delays by Consultant. 

5.4 Schedule of Work. The Consultant shall be bound by the Project schedule. The Consultant shall provide the 

Client with any requested scheduling information for the Consultant’s work. The Project schedule and all subsequent 

changes thereto shall be submitted to the Consultant in advance of the required performance. Revisions thereto may 

occur, in which event, the revised schedule shall be telecopied or emailed to Consultant’s office as necessary, and, to the 

extent the revised schedule decreases Consultant’s time for performance hereunder, shall be subject to Consultant’s 

consent, which consent shall not be unreasonably withheld. 



Client ______ 

5

5.5 California Tax Credit Allocation Committee (TCAC) Schedule Requirements. The consultant acknowledges 

that this Project may be funded in part by Low Income Housing Tax Credits allocated by TCAC. To comply with strict 

TCAC requirements, Consultant shall be responsible for obtaining and delivering to Client all necessary permits no later 

than 150 days after the “allocation date” of tax credits as hereinafter defined. There are typically two allocation dates 

per year, one in June and one in September. Actual dates are established by TCAC. Client shall communicate to 

Consultant the allocation date and deadline for permit delivery once TCAC makes known the actual allocation dates. 

Consultant understands that failure to timely procure permits will result in substantial financial harm to Client. 

Consultant shall immediately notify Client of any anticipated delay in the timely delivery of any permits. 

6.0 INSURANCE 

6.1 Types and Coverages. Prior to start of the Consultant’s Services, the Consultant shall, at its own cost, procure 

and maintain in force during the performance of such work and after, insurance coverage as set forth on Exhibit “D” 

attached hereto. 

6.1.1 Failure to Issue. In the event the Consultant fails to obtain or maintain any insurance coverage required 

under this Contract, the Client may purchase such coverage and charge the expense thereof to the Consultant or 

terminate this Contract. However, permitting Consultant to start work or releasing the progress payment prior to 

compliance with these requirements shall not constitute a waiver thereof. 

6.2 Proof. Proof of insurance which meets the requirements of Exhibit “D” shall be delivered to the Client prior to 

commencement of the Services. Failure to provide the necessary proof of insurance may result in delay of payment as 

set forth in Section 2.2.2 hereinabove. 

6.3 Waiver of Subrogation. Consultant waives all rights against the Client and Owner for recovery of damages to 

the extent these damages are covered by commercial general liability, excess liability, business auto liability, 

professional liability, or worker’s compensation insurance maintained per requirements stated above. 

7.0 INDEMNIFICATION 

7.1 Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold 

harmless the Client and Owner, all subsidiary or affiliated companies of them, and all of such parties’ respective officers, 

directors, shareholders, principals, employees, agents, partners, members, successors and assigns (“Indemnitees”) from 

and against any claims, damages, losses, liabilities, demands, judgments, costs, attorneys’ fees, expert fees, recoveries, 

settlements, actions, causes of action, suits, penalties, fines and expenses (“Losses”), arising out of or resulting from, in 

whole or in part, the Consultant’s Services, or any Unauthorized Services, including without limitation, any of the 

Consultant’s Services or Unauthorized Services performed by any subcontractors or subconsultants retained by 

Consultant. Consultant’s indemnity obligations shall apply regardless of the active or passive negligence of any 

Indemnitee but shall not apply to the extent such Losses arise from the sole negligence or willful misconduct of an 

Indemnitee. Consultant shall defend Indemnitees utilizing legal counsel reasonably acceptable to Indemnitees. 

7.2 Survival. The indemnity set forth in this section shall apply during the term of this Contract (or Consultant’s 

performance thereof) and shall survive the expiration or termination of this Contract (or Consultant’s performance 

thereof). 

8.0 TERMINATION 

8.1 Termination by Client. Client may terminate this Contract without cause and for its own convenience upon ten 

(10) days’ written notice; provided, however, that all or a portion of the Services shall be canceled by Client only upon 

payment of costs not in dispute incurred by Consultant to the date of such termination. Upon such termination, 



Client ______ 

6

Consultant shall deliver to Client all documents in Consultant’s possession relating to the Project, including the most 

recent drafts of reports or other in-process documentation relating to the Services. 

9.0 DISPUTE RESOLUTION 

9.1 Agreement to Arbitrate. Except as may otherwise be set forth herein, any controversy, claim, or dispute 

between the Client and the Consultant arising out of or related to this Contract (whether in contract or tort), or the breach 

thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with the 

Construction Industry Arbitration Rules currently in effect as of the date of this Contract. 

9.2 Awards. The award rendered by the arbitrator(s) shall be final, binding on the parties, and judgment may be 

entered upon it in accordance with applicable laws in any court having jurisdiction thereof. 

9.3 Remedies. This paragraph shall not be deemed a limitation of rights or remedies which the Consultant may 

have under federal law, under state mechanics’ lien laws, or under applicable labor or material payment bonds unless 

such rights or remedies are expressly waived by the Consultant. 

10.0 MISCELLANEOUS 

10.1 Waiver. Client’s failure to enforce any of the provisions set forth in this Contract shall not constitute a waiver 

of the right to enforce the same thereafter. 

10.2 Interpretation. The paragraph headings have been inserted for convenience only, and shall not be considered in 

resolving questions of interpretation or construction. Each party and its counsel have participated fully in the review and 

revision of this Contract. Any rule of construction to the effect that ambiguities are to be resolved against the drafting 

party shall not apply in interpreting this Contract. 

10.3 Governing Law. This Contract shall be governed by the laws of the State of California, and any legal 

proceedings (including but not limited to mediation or arbitration) shall be conducted in Los Angeles County. 

Consultant waives the right to bring, try, or remove such litigation or proceedings to any other court or judicial district. 

Consultant consents to the jurisdiction of the Los Angeles County Superior Court in any dispute arising out of this 

contract. 

10.4 Severability. If any provision of this Contract shall be held invalid or unenforceable, the remaining provisions 

of this Contract shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 

10.5 Attorneys’ Fees. In the event of any action or proceeding brought by either party against the other to resolve 

any controversy, claim or dispute regarding the provisions set forth in this Contract, the prevailing party shall be entitled 

to recover from the losing party its costs of suit, including reasonable attorneys’ fees, and all fees, costs and expenses 

incurred in any post-judgment proceedings to collect or enforce the judgment. 

10.6 Notices. Any notice to be given by Consultant or Client shall be delivered as follows: (1) in person; (2) 

deposited in the United States mail, as registered or certified mail, return receipt requested, with postage prepaid; (3) by 

facsimile transmission with copy sent by U.S. mail; or (4) by overnight delivery, charges prepaid. In each case, notice 

shall be addressed as set forth on the first page of this Contract. Client and Consultant may, from time to time, by 

written notice to the other, designate a different address. Notice is effective upon personal delivery, confirmation by 

return receipt, facsimile confirmation, provided copy is promptly sent by U.S. mail, or confirmation by delivery service. 

Notices by fax that are received after 5p.m. or on non-business days shall be deemed received on the next business day. 

10.7 Authorization. The individuals executing this Contract warrant that they have read and understand the 

provisions of this contract and that they are authorized to bind the parties hereto for which they sign. 



Client ______ 

7

10.8 Entire Agreement. This Contract contains the entire agreement between Client and Consultant relating to the 

Project and the provision of services to the project. Any prior agreements, promises, negotiations or representations not 

expressly set forth in this Contract are of no force or effect. Subsequent modifications to this Contract shall be in writing 

and signed by both Client and Consultant. 

10.9 Assignment. This Contract shall be binding on the parties hereto, their heirs, successors and assigns. 

However, Consultant shall not assign the whole or any part of the Consultant’s Services without prior written approval 

of the Client, which is subject to Client’s sole and absolute discretion. Client may freely assign its rights and obligations 

hereunder but shall notify Consultant in writing of such assignment. 

10.10 Third Party Beneficiary. Owner (and its successors and assigns) is the intended third party beneficiary of this 

Contract with the rights and benefits and none of the obligations arising under this Contract. The parties agree that 

Owner may enforce this Contract with all of the standing of a party hereto 

10.11 Exhibits. The following exhibits are hereby incorporated: 

CLIENT: AMCAL GENERAL 

CONTRACTORS, INC. 

Exhibit “A”: SCOPE OF SERVICES 

Exhibit “B”: PROJECT SCHEDULE 

Exhibit “C”: FEE SUMMARY AND PAYMENT SCHEDULE 

Exhibit “C.1”: STANDARD BILLING FORMAT 

Exhibit “D”: INSURANCE COVERAGE REQUIREMENTS 

Darin Hansen 

V. P. of Forward Planning and Entitlements 

Date: _____________________________, 2010 

CONSULTANT: CONSULTANT 

Name 

Principal 

Date: _____________________________, 2010 

Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has 

jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within 

four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural 

defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be 

referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826. 



Client ______ 

8

EXHIBIT “A” 

SCOPE OF SERVICES 

[NOTE: THERE ARE STANDARD EXHIBIT A.1 ADDENDA FOR THE FOLLOWING 

DISCIPLINES… 

Architect 

LANDSCAPE ARCHITECT 

MEP 

CIVIL ENGINEER 

ADD AS REQUIRED AND DELETE THIS TEXT] 



Client ______ 

9

EXHIBIT “B” 

PROJECT SCHEDULE 



Client ______ 

10

EXHIBIT “C” 

FEE SUMMARY AND PAYMENT SCHEDULE* 

*If supplied, the Billing Summary sheet shall be initialed and inserted into the contract after this page. 



Client ______ 

11

EXHIBIT “D” 

INSURANCE COVERAGE REQUIREMENTS 

Consultant has purchased and agrees to maintain commercial general liability insurance, automobile liability 

insurance, worker’s compensation insurance, and professional liability insurance providing the following amounts 

and coverages: 

1. Commercial General Liability, including products, completed operations, premises, contractual, 

independent contractors, and broadform coverages, issued on an “occurrence,” not “claims made” form: 

Each Occurrence Limit $ 1,000,000 

General Aggregate Limit $ 2,000,000 

Products–Completed Operations Aggregate Limit $ 2,000,000 

2. Automobile Liability, including coverage on all owned, hired and non-owned automobiles: 

Combined Single Limit $ 1,000,000 

3. Worker’s Compensation, including Employer’s Liability coverage: 

The greater of Statutory Requirements or $1,000,000 per occurrence. 

A “waiver of subrogation” endorsement in favor of the additional insureds shown below is to be provided. 

4. Professional Liability: Consultant shall maintain continuous coverage, including the purchase of Extended 

Reporting Period Provision, where applicable, for five (5) years following completion of work performed: 

Each Occurrence Limit $ 1,000,000 

General Aggregate Limit $ 2,000,000 

5. Pollution Liability Insurance (for environmental and hazmat engineers only): Consultant shall maintain an 

occurrence contractors pollution liability insurance policy either as a separate policy or as part of the 

Consultant’s general liability or professional liability policy. The policy shall provide coverage for loss as a 

result of claims for onsite and offsite bodily injury, property damage and environmental damage as a result 

of pollution conditions resulting from covered work which occur during the policy period. Loss shall 

include cleanup costs. 

Each Loss or Claim $ 2,000,000 

Aggregate Losses or Claims $ 2,000,000 

These limits of liability shall not be aggregated with any other coverage if included in a general liability or 

professional liability policy. 

Deductibles for above policies must be $25,000 or less per claim. 

Prior to commencement of Services, Consultant shall deliver to Client original Certificates of Insurance (for all 

coverages) and Additional Insured Endorsements (for all coverages except Professional Liability and Worker’s 

Compensation), which provide for no less than thirty (30) days prior written notice to Client from the insurer of 

material changes, cancellation or non-renewal, and verifies compliance with the Consultant’s insurance requirements 

and terms as set forth above. Consultant shall re-issue new insurance certificate when the project is assigned a 

partnership and a lender. The partnership and lender will be included as certificate holder and additional 

insured. The Endorsements shall designate the following entities as additional named insureds and reference 

the Job Name and Address exactly as follows: 



Client ______ 

12

Additional Insureds: AMCAL General Contractors, Inc. 

AMCAL Multi-Housing, Inc. 

AMCAL Enterprises, Inc. 

AMCAL Project Fund, L.P. 

31041 Agoura Rd. Ste. 100 


Job Name & Address: Project 

Address 

City, CA zip 

IF THE INSURANCE CERTIFICATES AND ENDORSEMENTS DO NOT COMPLY WITH THE 

REQUIREMENTS, THE PROGRESS PAYMENT WILL NOT BE RELEASED, AND FAILURE OF THE 

CONSULTANT TO COMPLY WITH THIS PROVISION SHALL BE GROUNDS FOR TERMINATION OF 

THIS CONTRACT. PERMITTING CONSULTANT TO START WORK OR RELEASING THE PROGRESS 

PAYMENT PRIOR TO COMPLIANCE WITH THESE REQUIREMENTS SHALL NOT CONSTITUTE A 

WAIVER THEREOF. 



Client ______ 

13

1 

2 

KIRKWOOD AVE 

100' - 5 3/4" 

+96' 

Level 1 Site Plan 

1/64" = 1'-0" 

KIRKWOOD AVE 

100' - 5 3/4" 

Level 2 Site Plan 

1/64" = 1'-0" 

DONAHUE ST. 

Garage: 45 spaces total 

27 regular 

16 compact 

2 ADA (incl. 1 van) 

T/S 

Serv. 2 

FRIEDELL ST. 

Summer 

Garden 

222' - 2 3/8" 

Lobby Asst. 

Mgr. 

Bikes 

Mgr. Stor. 

WC 

Common 

+90.5' 

+90' +83' 

3 

1 

KIRKWOOD AVE. 

Garage Entry 

david baker + partners 

dbarchitect.com 

461 second street loft 127 

san francisco california 94107 

v.415.896.6700 f.415.896.6103 

DONAHUE ST. 

1 

Stair 

T/S 

1 

Entry 

1 

Summer Garden 

222' - 3 5/8" 

222' - 2 3/8" 

2 2 2 3 

FRIEDELL ST. 

Court below 

2 

Winter Garden 

Open to 

below 

Laundry (1br Levels 

3-5) 

222' - 3 5/8" 

Entry 

Attachment B 

1 

2 

Stair 

FRIEDELL ST. 

BLOCK 49, PHASE I HUNTERS POINT 

Kitchen 

3 

1 

101' - 0 1/4" 

101' - 0 1/4" 

FUTURE 

POCKET PARK 

project number 

scale 

date 

drawn by 

FUTURE 

POCKET PARK 

21208 

1/64" = 1'-0" 

11/13/2012 

CJ 

B

Request for Design, Engineering & Consulting Services Block 49 ...

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