Loading...
HomeMy WebLinkAbout2016-206 Planning - Martin McGill Mgmt. Consulting for CDBG-1 Grant Application preparation re Rogers Rd, project A&1 -aba P/�IIA [Departmental Uslnly] TITLE FY NORTH CAROLINA SERVICES AGREEMENT UNDER$90,000.00 NO RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter "Agreement"), made and entered into this 1st day of April, 2016, ("Effective Date") by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and Martin McGill Consulting, (hereinafter, the "Provider"). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Agreement is for services to be rendered by Provider to County with respect to (insert type of project): CDBG-I Grant Application Preparation for Rogers Road Project ii) By executing this Agreement, the Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional Revised 1/16 1 quality, accuracy and timely completion and/or submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions of its agents, contractors, employees, or assigns in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) Provider agrees that Provider, its employees, agents and its subcontractors, if any, shall be required to comply with all federal, state and local antidiscrimination laws, regulations and policies that relate to the performance of Provider's services under this Agreement. vi) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it and/or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. vii) In determining the basic services to be provided, should any documents be referenced in this Agreement, the terms of this Agreement shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. Should a request for proposals and a proposal be referenced the terms of the request for proposals shall have priority over the terms of any proposal. 3. Basic Services a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): CDBG-I Grant Application Preparation for Rogers Road Project as described in attached Scope of Services Exhibit A. This Scope of Services will take the CDBG Assistance through the applciation to approval of funding. The CDBG grant application will be submitted by the deadline of September 30, 2016. 4. Duration of Services Revised 1/16 2 a. Term. The term of this Agreement shall be from April 1, 2016 to October 7, 2016. b. Scheduling of Services. i) The Provider shall schedule and perform its activities in a timely manner. ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform its services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be April 1, 2016. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services under this Agreement. The maximum amount payable for Basic Services shall not exceed Six Thousand Five Hundred Dollars ($6,500.00). Payment for Basic Services shall become due and payable within thirty (30) days of Provider properly invoicing County. Payment shall be subject to provisions of Section 5(b). b. Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. c. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated(the Planning & Inspections Direcot of Orange County, Craig N. Benedict, AICP) to act as the County's representative with respect to the Project and shall have the authority to render decisions within guidelines established by the County Manager and/or the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 7. Insurance a. General Requirements. Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by County's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated Revised 1/16 3 herein by reference and may be viewed at http:/Iwww.orangecountync.gov/departments/purchasing division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of /4 Q (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 8. Indemnity a. Indemnity. The Provider agrees to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from bodily injury including death or property damage to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days' prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. c. Compensation After Termination. i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement Revised 1/16 4 or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. e. Suspension. County may suspend the Basic Services and this Agreement at any time for County's convenience and without penalty to County upon three (3) days' notice to Provider. Upon any suspension by County, Provider shall discontinue work on the Basic Services and shall not resume the Basic Services until notified to proceed by County. 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. c. Compliance with Laws. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all anti-discrimination laws. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. e. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. f. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. g. Ownership of Work Product. Should Provider's performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or Revised 1/16 5 things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. h. Non-Appropriation. Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the County's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County's legal authority. i. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. j. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Provider's Name Attention:Craig N. Benedict Martin McGill, Inc. P.O. Box 8181 William K. Cowan Hillsborough,NC 27278 5 Regional Circle, Suite A Pinehurst,NC 28374 [SIGNATURE PAGE TO FOLLOW] Revised 1/16 6 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PRO7�'ER: By: / By: County Manager William K. Cowan Printed Name and Title Revised 1/16 7 Exhibit "A" Scope of Services for CDBG-1 Application: Rogers Road Infrastructure Improvements 1. Meet with the County,NC Department of Environmental Quality(DEQ),and all relevant parties as necessary to fully discuss the CDBG-I funding program requirements for the project(Rogers Road Infrastructure Improvements). 2. Attend application workshops and trainings related to the funding program application process on behalf of the County. 3. Gather and review for completeness the following information that will be provided by the County needed to prepare a complete funding application for the project including: a. LMI Surveys in project area—using the latest form provided by DEQ b. LMI Surveys tabulation sheet—using the latest form provided by DEQ c. Latest financial audit and utility rates d. Public hearing: L Copy of ad,affidavit of publication,and certified meeting minutes from public hearing e. If available,provide copies of Capital Improvement Plan,Asset Management Plan,Source Water Protection Plan and/or Wellhead Protection Plan,and Water Loss Reduction Program. f. Original signature paperwork of the following required documents that Martin-McGill will prepare for signature including: i. Resolution ii. Common Application iii. Commitment of Other Funds iv. Certifications Regarding Debarment,Suspension,and Other Responsibility Matters Form v. Conflict of Interest Disclosure Form vi. Disclosure Report Form vii. Federal Performance and Procurement Requirement Certification Form viii. Local Government Certification of Understanding of Roles and Responsibilities Form 4. Martin-McGill will complete the following paperwork that is necessary for inclusion in the application: a. Common Application Form b. Priority Rating System and corresponding narrative and verify required documentation per the guidance for project purpose,benefits,management,and financial sections. c. IDIS Forms d. Project Source&Use Forms e. 108 C f. Calculation or verification of all required statistics including MHI,poverty rate,operating ratio, LMI percentage,etc. g. Water and Sewer Rate Form h. Certifications Regarding Debarment,Suspension,and Other Responsibility Matters Form 1. Conflict of Interest Disclosure Form j. Disclosure Report Form k. Federal Performance and Procurement Requirement Certification Form I. Local Government Certification of Understanding of Roles and Responsibilities Form m. Infrastructure National Objective Form 5. Attend the public hearing to support the County and facilitate meeting stringent program public hearing requirements a. Martin-McGill will provide a draft ad with instructions for publication,and a script of required information to be covered at the public hearing. b. Orange County will provide an affidavit of publication for the public hearing as well as certified meeting minutes. 6. Project engineer(AECOM)to provide the following documents for the application: a. Project schedule b. Sealed project budget estimate c. Map of service area d. Documentation supporting Project Purpose and Project Benefits as required in the guidance for the Priority Point Scorecard.For example,engineer needs to provide supporting documentation, as required by the guidance,for points project claims related to:age of infrastructure,failing septics,EPA Administrative Orders,Special Order by Consent,DEQ Administrative Order,Notice of Violation,or Notice of Deficiency. 7. This scope of service does not include grant/funding administration after award of funding.Once funding is secured,those services can be fully identified and be added as additional services. 0 :ar in me ' management consulting March 16,2016 Craig Benedict Director of Planning&Inspections Post Office Box 8181 Hillsborough, NC 27278 Re:CDBG-1 Grant Application Preparation for Rogers Road Project Dear Mr. Benedict, I am pleased to be asked to provide a proposal for services to prepare a CDBG-Infrastructure grant application for Orange County.We propose,with your assistance,to assemble all materials necessary for the application as outlined in Exhibit A.We will be working with AECOM on all technical issues and descriptions.We understand that the income surveys required for the application will be provided by the County. We will complete all forms in the application packet provided by North Carolina Department of Environmental Quality with the latest guidance,and prepare the required forms for signature by Board Chairman,Mr. McKee. Martin-McGill will be using a team approach,with Bill Cowan working closely with Alice Briggs and Rebekah East to provide all services.We will prepare the final application for submission and deliver it to the proper state officials.Our services will be provided for a fee of$6,500.00.This fee includes staff hours,travel time and technical assistance,and is exclusive of surveys and needed engineering assistance,as outlined in Exhibit A. We understand the importance of completing all tasks in a timely manner. The application deadline for the CDBG-I program is scheduled to be September 30;2016 and the application must be received in Raleigh at North Carolina Department of Environmental Quality's offices by 5 p.m.on that date. We are prepared to get started as soon as the final guidance for the next round of projects is made available to us. This depends on the timing for release by North Carolina Department of Environmental Quality. This proposal assumes that there will be no major changes to CDBG application guidance from the previous round in the fall of 2015. Thank you for this opportunity to submit this proposal for your consideration. Sincerely, Jess a Martin President Cc: Elaina Cheek Ashley Moncado Page 1 of 2 Martin-McGill,Inc. • 55 Broad Street ■ Asheville,North Carolina 28801 ■ 828.255.0313 ■ Fax 828.252.2518 ■ martinmcgl'll management consulting Execution of this document in the space provided below acknowledges approval of the terms and provisions provided for herein. 2� ;� 2 3" Craig Bene ' t, Director of Planning&Inspections Date Orange ounty, North Carolina This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Pre Au it ertification Date County F ance Officer Page 2 of 2 Martin-McGill,Inc. 0 55 Broad Street ■ Asheville,North Carolina 28801 • 828.255.0313 • Fax 828.252.2518 Client#: 1170996 30MARTIMCG ACORD,, CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 4/26/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Susan Stephenson BB&T-Wright Dobbins PHONE g28 277-3930 FAX 888-827-9875 A/C No,Ext: A/C,No PO Box 5318 E-MAIL Asheville, NC 28813 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# 828 277-3930 INSURER Pennsylvania National Mutual Ca 14990 INSURED INSURER B Martin McGill Inc P.O.Box 2259 INSURER C Asheville, NC 28801 INSURER D INSURER E INSURER F. COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBR LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM/DD�YY MMILDDY/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY BP90652916 01/23/2016 01/23/2017 EACH OCCURRENCE $1.000.000 CLAIMS-MADE 4 OCCUR PREMISES Ea occuEr "c.) $50,000 MED EXP(Any one person) $-510-0-0- PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $1,000,000 PRO- POLICY JECT E�LOC PRODUCTS-COMP/OP AGG $1,000,000 _�tOTHER: BIND A AUTOMOBILE LIABILITY AU90652916 1/23/2016 01123/201 (CEO accid.ntSINGLE LIMIT 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS X AUTOSWNED PROPERTY DAMAGE $ Per accident A X UMBRELLA LIAB X OCCUR UL90652916 1123/2016 01/23/2017 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1.000.000 DED I X I RETENTION$10000 $ A WORKERS COMPENSATION ER WP90652916 1/23/2016 01/23/201 X P OTH- ANDEMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? F­N] NIA E.L EACH ACCIDENT $SOO OOO (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I$500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION Orange County Planning and SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Inspections Dept ACCORDANCE WITH THE POLICY PROVISIONS. 131 W.Margaret Lane,Suite 201 Hillsborough,NC 27278 AUTHORIZED REPRESENTATIVE w'. ©1988.2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S16048355/M15865935 SIS