Loading...
HomeMy WebLinkAbout1995 S Housing - Construction Control Services to provide consultant housing rehabilitation consulting services for 1995 Orange County Community Development Block Grant Program Agreement for Housing Rehabilitation Consultant Services THIS AGREEMENT made and entered into this 27th day of November, 1995, by and between ORANGE COUNTY, NORTH CAROLINA, hereinafter called the "OWNER", AND CONSTRUCTION CONTROL SERVICES of Durham, North Carolina, their successors or assigns, hereinafter called the "CONSULTANT" . WITNESSTH THAT: The OWNER agrees to employ the CONSULTANT to provide consultant housing rehabilitation consulting services for the 1995 Orange County Community Development Block Grant Program which will provide housing rehabilitation services to approximately 17 deteriorated dwellings. The CONSULTANT will furnish support services for the existing housing rehabilitation field operations as outlined in Section 1 of this Agreement and further described in the CONSULTANT' s Proposal dated September 27, 1995 and authorized by the OWNER. The OWNER and the CONSULTANT in consideration of their mutual covenants herein agree in respect of the performance of professional services by the CONSULTANT and the payment for those services by the OWNER, as set forth below. SECTION 1 - SCOPE OF CONSULTANT RESPONSIBILITIES 1 . Perform initial inspections of identified substandard housing identifying Section 8 Housing Quality Standards and Orange County Minimum Housing Code Standards violations . Corrective measures will be identified consistent with the OWNER' s needs and program standards . 2 . Provide a detailed written summary of inspection findings to the County. 3 . Prepare detailed written work specifications, floor plans drawn to scale, and detailed cost estimates for each identified substandard dwelling. Corrective actions for housing deficiencies must be within acceptable construction practices. 4 . Review the work specifications with Housing and Community Development staff. 5. Assist the County with housing rehabilitation related responses to the Department of Commerce, Division of . 2 Community Assistance monitoring reports to the extent that the responses are related to the content of the work specifications. 6. Attend a pre-bid meeting, if required, and be prepared to answer any questions concerning the work as it relates to the specifications and estimates upon the request of the Housing and Community Development Department. 7 . Agrees to make changes or corrections, if and where necessary, to the work write-up and cost estimate as required, prior to beginning the rehabilitation work. If changes are required at a later stage due to the CONSULTANT' s negligence or omission, changes will be made at no additional cost. 8 . Provide color photographs with negatives of each elevation of the existing dwellings . Section 2 . Payment for Services The CONSULTANT will be paid $816 per dwelling unit for completion of the services described in Section 1 . Additional services, those not included in Section 1, will be billed at a rate of $48 . 50 per hour for a total fee not to exceed $200 . 00 per day. Payment will be made upon receipt and approval of monthly invoices for services rendered. Section 3. Period of Service The initial period of service shall not extended past twelve months . Additional time may be negotiated as necessary by the Housing and Community Development Director. Section 4 . General Conditions 1 . OWNER' s Representative. The Director of the Orange County Housing and Community Development Department, or his/her designated representative, shall act as the OWNER' S representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority, to the extent permissible under law and by the OWNER' s procedures, to transmit instructions, receive information, interpret and define the OWNER' s policies and decisions with respect to the CONSULTANT' s services for the Project. 3 2 . Insurance. The CONSULTANT shall procure and maintain insurance for protection from claims under workers' compensation acts, claims for damages because of bodily injury including personal injury, sickness or disease or death of any and all employees, or of any person other than such employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom. Also the CONSULTANT shall procure and maintain professional liability insurance for protection from claims arising out of performance of professional services caused by a negligent error, omission or act for which the insured is legally liable. The CONSULTANT shall provide the OWNER a Certificate of Insurance issued and endorsed by the insurance carrier certifying the following coverages . Worker' s Compensation Insurance Statutory Limits Professional Liability (Errors and Omissions Coverage included) $1, 000, 000 per occur $3, 000, 000 per aggregate Public Liability Insurance; including bodily injury and property damage (includes coverage on vehicles being $1, 000, 000 per occur used by the Firm) $1, 000, 000 per aggregate The CONSULTANT further agrees to indemnify and hold harmless the OWNER from any claims, damages, or losses resulting from the work herein described. 3 . No Assignment. No transfer or assignment of the CONSULTANT' s interest in this Agreement shall occur without the prior written consent of the County. 4 . Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. 5. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of North Carolina. Any litigation arising out of this Agreement shall be brought in courts sitting in North Carolina, with venue in Orange County. Section 5. HUD Clauses 1 . Conflict of Interest. No member, officer, or employee of the CONSULTANT who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any financial 4 interest, direct or indirect, in any contract or subcontract, or any proceeds thereof, for work to be performed in connection with the program assisted under this agreement. Immediate family members of said members, officers, employees, and officials are similarly barred from having any financial interest in the program. 2 . Legal Remedies. The OWNER and CONSULTANT agree to endeavor to provide written notification in advance of any litigation, concerning claims, disputes, and other matters in question between the parties to this Agreement arising out of or relating to this Agreement or the breach thereof. The parties agree to endeavor to negotiate in good faith prior to litigation, concerning claims, disputes and other matters in question arising out of or relating to this Agreement or the breach thereof. Nothing herein contained shall be construed to require the parties to provide written notification or engage in negotiations prior to the institution of litigation, nor to submit for arbitration by a third party or parties, any such claim, dispute or other matter in question between the parties, but the parties may by mutual agreement submit any claim, dispute or other matter at issue to arbitration in accordance with the North Carolina Uniform Arbitration Act, GS 1-567 . 1 et seq. , or such other arbitration procedure as may be mutually agreed upon between the parties . 3 . Termination. The obligation to provide further services under this Agreement may be terminated by either party upon 30 days' written notice in the event of substantial failure by the other party to perform n accordance with the terms hereof through no fault of the terminating party. 4 . Nondiscrimination Clause. The CONSULTANT shall not on the grounds of race, color, national origin, handicap, age or sex exclude from participation in, deny the benefits of, or subject to discrimination, any person in the United States in connection with the work to be performed under this Agreement. 5. Section 3. Section 3 of the Housing and Urban Development Act of 1968 as amended, 12 U.S .G. 1701u, shall be adhered to by the CONSULTANT, and is hereby incorporated into this Agreement by reference, and is attached to this Agreement. 5 , 6. Access to Records and Records Retainage Clause. The CONSULTANT shall maintain all project records an documents during the operation of this project and for a period of three years following close out in compliance with 4 NCAC 19L Rule . 0911, Recordkeeping. The North Carolina Department of Commerce, the North Carolina Department of the Treasurer, U.S. Department of Housing and Urban Development, and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Administering Agency which are pertinent to the execution of this Agreement, for the purpose of making audits, examinations, excerpts and transcriptions in compliance with the above Rule. 7 . Lobbying. The CONSULTANT shall adhere to the lobbying clauses contained in Section 1352, Title 31, U.S . Code and is hereby incorporated into this Agreement and is attached to this Agreement. 6 Section 6. Exhibits and Supporting Data. The following exhibits and supporting data shall be attached hereto and become a part hereof: 1 . Exhibit A - HUD Clauses limited to: Section 3 of the Housing and Urban Development Act of 1968 as Amended and "Lobbying Clause". 2 . Exhibit B - Certificates of Insurance. 3 . Proposal dated September 27, 1995. IN WITNESS THEREOF, the parties hereto have made and executed this Agreement as the day and year first above written. ORANGE COUNTY, NORTH CAROLINA (OWNER) Moses Carey, Jr. , Chair Orange County Board of Commissioners Witness: Beverly y Clerk Orange County Board of Commissioners CONSTRUCTION CONT SERVIC S (CONSUL T) This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Kenneth Chavious, Finance Officer Orange County, North Carolina