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HomeMy WebLinkAbout2017-591-E Housing- Urban Design Ventures, LLC for CAPER contract services DocuSign Envelope ID:2F9800F4-66FB-4BB1-8439-9288C2BBBA52 [Departmental Use Only] TITLE Urban Design Ventures FY 2016 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 14th day of August, 2017, ("Effective Date") by and between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the "County"), party of the first part; and Urban Design Ventures, LLC, (the "Provider"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement, time being of the essence: The services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: FY 2016 Consolidated Annual Performance and Evaluation Report (CAPER) in accordance with Attachment A,which is hereby incoprorated into this Agreement. The term of this agreement rendered shall be from August 14, 2017 to October 30,2017. 1. FY 2016 Draft CAPER- Wednesday, September 6,2017. 2. FY 2016 CAPER submitted to the U.S. Department of Housing and Urban Development (HUD) -Thursday, September 28,2017. 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 to the satisfaction of the County. Provider shall be responsible for all errors or omissions, 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. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS 1. Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed Six Thousand Dollars, ($6,000). Payment shall be made within thirty(30) days of an invoice properly submitted to County. 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. 2. Non—waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent contractor and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or Revised 2/17 1 DocuSign Envelope ID:2F9800F4-66FB-4BB1-8439-9288C2BBBA52 workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: 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 herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contra cts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of (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. 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider, its agents, or assigns directly or indirectly related to the Services to be performed pursuant to this Agreement on the part of the Provider. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. County may suspend this Agreement upon reasonable notice to the Provider. 7. Entire Agreement and Signatures: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. 8. Priority: In determining the basic services to be provided, should any documents be referenced in or attached to 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. 9. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. 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 state and federal anti-discrimination laws, policies,rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.). Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Provider affirms that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-86.58. 10. 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 Revised 2/17 2 DocuSign Envelope ID:2F9800F4-66FB-4BB1-8439-9288C2BBBA52 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. 11. 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. [SIGNATURE PAGE TO FOLLOW] Revised 2/17 3 DocuSign Envelope ID:2F9800F4-66FB-4BB1-8439-9288C2BBBA52 IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. O• , 0•E*14iniNTY PR! .1? ed by: �jbin,l�It tkeumMwtt,YSt, 1 U1 By: fl537954R755F477 By' -(-- .. .--._: •EO... County Manager Title: 200 S. Cameron St. Walter J. Haglund,President P.O. Box 8181 Hillsborough,NC 27278 Revised 2/17 4 DocuSign Envelope ID: 2F9800F4-66FB-4BB1-8439-9288C2BBBA52 I ILLL.AVI II I IV. IL / :URBAN :DESIGN -VENTURES July 27, 2017 Ms. Renee D. Holmes Department of Housing, Human Rights and Community Development Orange County, NC 300 West Tryon Street Hillsborough, North Carolina 27278 RE: Proposal for the Preparation of FY 2016 Consolidated Annual Performance and Evaluation Report (CAPER) Dear Ms. Holmes: The firm of Urban Design Ventures, LLC (UDV) is pleased to submit our firm's Proposal to provided consulting services to Orange County, North Carolina for its FY 2016 Consolidated Annual Performance and Evaluation Report. Our firm would welcome the opportunity to be selected to assist Orange County. UDV specializes in planning consulting and urban design services. We provide planning consulting services for community and economic development projects, housing projects, redevelopment projects, rehabilitation programs, urban studies, and architectural services. Our firm will commit the staff and resources necessary to meet the quality and schedule expectations by Orange County. As a principal of Urban Design Ventures, LLC, I have worked with the CDBG Program since the passage of the Housing and Community Development Act, other Federal, and State Programs. UDV staff has over eighty (80) years of experience in the field of planning, housing, community development, and economic development. Our firm has completed CAPER's for the following communities over the past fifteen (15) years: • City of Pittsburgh, PA • City of McKeesport, PA • City of Sharon, PA • Northampton County, PA • Allegheny County, PA • Lehigh County, PA • Municipality of Penn Hills, PA • Abington Township, PA • Borough of Chambersburg, PA • City of Chester, PA • City of Johnstown, PA • City of Beckley, WV • City of Charleston, WV • City of Martinsburg, WV 212 East 7th Avenue, Homestead, PA 15120 I Phone: (412) 461-6916 Fax t41 2i 461-6920 I www urbandesignventures corn DocuSign Envelope ID: 2F9800F4-66FB-4BB1-8439-9288C2BBBA52 ° • City of Weirton, WV • City of Wheeling, WV • City of Morgantown, WV • City of Huntington, WV • City of East Chicago, IN • City of Joliet, IL Attached is an outline scope of work and estimated cost of services to complete the CAPER. As you review our scope of work, if you have any questions please contact our office at your convenience at (412) 461-6916. Very ily yours, Walter J. Haglunt, President Enc. 212 East 7th Avenue, Homestead, PA 15120 I Phone: (412) 461-6916 I Fax (412) 461-6920 1 www urbandesignventures.com DocuSign Envelope ID: 2F9800F4-66FB-4BB1-8439-9288C2BBBA52 URBAN UDV CONSULTING SERVICES FOR THE DESIGN PREPARATION OF THE FY 2016 CAPER !VENTURES ORANGE COUNTY, NORTH CAROLINA A. SCOPE OF SERVICES: 1. FY 2016 Consolidated Annual Performance and Evaluation Report (CAPER) — Urban Design Ventures, LLC proposes the following scope of services to assist the staff of Orange County in the preparation of the Consolidated Annual Performance and Evaluation Report (CAPER) accordance with the HUD Guidelines. UDV will prepare the FY 2016 CAPER using the eCon Planning Suite in IDIS. The C.A.P.E.R. will contain the following elements: ▪ Executive Summary — This will consist of an overall summary of the CAPER elements and include the status of the Five Year Consolidated Plan's objectives and outcomes. An evaluation of the County's past performance for the previous fiscal years of funding will be included in the text. • General Questions — The required general questions will be addressed which consist of a description of the geographic areas of Orange County where financial assistance was provided and identification of which census tracts had concentrations of low income families and/or racial minority concentrations. The basis for spending funds geographically and the rationale for assigning the priorities for the use of funds in those areas will be described. A description of what actions were taken during the previous fiscal year to address obstacles to meeting underserved needs. The CAPER will identify other Federal, state and local resources that were expended to address the needs identified in the plan. • Managing the Process — Orange County is the lead agency for administering the CAPER. Other County agencies which have responsibility for administering the Federal funds will be covered by the CAPER. The significant aspects of the evaluation process for the CAPER will be described. The agencies, groups, organizations and others who participated in the CAPER process will be noted. In addition, a description will be included of what actions took place DocuSign Envelope ID: 2F9800F4-66FB-4BB1-8439-9288C2BBBA52 during the previous fiscal year between public and private housing, healthcare, and social service agencies. ▪ Citizen Participation — UDV will prepare the public notices for the citizen meetings. A summary of the citizen participation process will be prepared and any citizen comments or views on the CAPER will be included. A summary of the efforts to broaden public participation in the CAPER will be made. Lastly, a written explanation of any comments that were received on the CAPER will be included. • Institutional Structure — A description will be made of what actions were taken during the previous fiscal year to develop and improve institutional structure. This will include efforts to coordinate programs and activities to serve the needs of target income persons, families and neighborhoods. Participation of Federal, state, county and city agencies will be described, as well as private and non-profit agencies. • Monitoring — A description of what actions and the process that was used by the County during the previous fiscal year will be described for monitoring the housing, community development and economic development projects and activities. This will also include long-term compliance with HUD's program and comprehensive planning requirements. • Lead Based Paint — UDV will describe the actions that the County has undertaken in the previous fiscal year to evaluate and reduce the number of housing units containing lead-based paint hazards, especially for target income families. Included will be the plan for the reduction of lead-based hazards as related to lead poisoning in houses. ▪ Specific Housing Objectives — The priorities and specific objectives that the County achieved during the previous fiscal year will be described. This narrative will include how Federal, state and local public and private sector resources were used to address identified needs. • Needs of Public Housing — The public housing comprehensive grant is not included in the CAPER, however consultation with the Public Housing Authority is necessary to prepare a description on what actions were taken to address the needs of public housing residents and what activities were undertaken to encourage public housing residents to become involved in the management process and become homeowners. The narrative will also include a DocuSign Envelope ID: 2F9800F4-66FB-4BB1-8439-9288C2BBBA52 statement on the performance of the Public Housing Authority as determined by HUD. • Barriers to Affordable Housing — A list of actions that the County has undertaken in the previous fiscal year to remove barriers to affordable housing will be described in detail. This will include the status of the activities that have taken place as listed in the Analysis of Impediments to Fair Housing. • HOME — All of the additional sources of funds for housing investment will be identified in the narrative. The County's guidelines for "resale or recapture" will be included in this section since the County used HOME funds for homebuyers. If the County used HOME funds to refinance existing debt for multi-family housing being rehabilitated then our firm will include a section on refinancing guidelines. The HOME Match Report will be included in this section. • Specific Homeless Prevention Elements — The narrative will be prepared which identifies the private and public resources that the County expended during the previous fiscal year and how it used these funds to address the needs of the homeless and ways to prevent homelessness. The specific objectives of the Strategic Plan, as outlined in the Five Year Consolidated Plan, will be reviewed and how they addressed it in the previous fiscal year. Also, included in this section will be the actions the County and its various agencies took over the previous fiscal year to prevent homelessness. Lastly, a statement of what planned activities were implemented community-wide to address the Discharge Coordination Policy. • Antipoverty Strategy — A description will be prepared on what actions the County and its agencies have taken in the previous fiscal year to reduce the number of poverty level families. • Non-homeless Special Needs — The priorities and specific objectives as listed in the Five Year Consolidated Plan will be identified and what activities and programs the County funded to address these priorities and objectives. Included in the narrative will be what Federal, state, and local public and private sector funds were used to address these needs. IDIS Reports — UDV will download the IDIS Reports for the previous fiscal years. These will be incorporated into the final document. DocuSign Envelope ID: 2F9800F4-66FB-4BB1-8439-9288C2BBBA52 • HUD Review Comments — During the HUD review period, UDV will be available to address any review comments and concerns raised by HUD. The consultant will make the revisions or corrections, as necessary. • Status Reports — UDV will provide all status reports with outcomes and performance measures for each activity funded. This will be incorporated into the text by UDV. • Citizen Participation — UDV will prepare the required public advertisements for notice of the CAPER public display. • Approval Process — UDV will submit the CAPER in IDIS to HUD. • Final Document — UDV will provide Orange County with one copy and a C.D. to make additional copies as needed. B. COMPENSATION: 1. Lump Sum Amount— UDV will prepare the FY 2016 CAPER for Orange County for the lump sum amount of $6,000. 2. Additional Costs — Should Orange County want the UDV to be present at the meetings or hearings, there will be additional compensation charged at the rate of$1,200 for each trip to Orange County. DocuSign Envelope ID:2F9800F4-66FB-4BB1-8439-9288C2BBBA52 URBAN-1 OP ID: GG AA °R° CERTIFICATE OF LIABILITY INSURANCE DATE 02/24D/YYYY) 02/24/15 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 412-271-8888 CONTACT Thompson-Gusic Insurance Group 412-271-8898 PHONE FAX 4067 Greensburg Pike (A/C,No,Ext): (A/C,No): Pittsburgh,PA 15221 E-MAIL ADDRESS: Russell W.Shields INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Donegal Mutual Insurance Co 13692 INSURED Urban Design Ventures, LLC. INSURER B:CNA Insurance Co 212 E 7th Avenue Homestead, PA 15120 INSURER C 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 CONTRACT OR 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM/DD/WW) (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY BOP8019766 05/11/14 05/11/15 DAMAGE TO RENTED 50,000 PREMISES(Ea occurrence) $ CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OPAGG $ 2,000,000 POLICY PR LOC $ AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT 1 000 000 (Ea accident) $ > > A X ANY AUTO CA8019766 11/19/14 11/19/15 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) X Hired Phys $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X WC STATU- AND EMPLOYERS'EMPLOYERS'LIABILITY TORY LIMITS ER Y/N A ANY PROPRIETOR/PARTNER/EXECUTIVE WC8019766 10/30/14 10/30/15 E.L.EACH ACCIDENT $ 100,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 B Professional 254090920 01/03/15 01/03/16 Each CI 250,000 Agg 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Orange County,North Carolina Housing Human Rights&Community Development i As Additional Insured in respect to General Liability,Business Auto but onl respect to the name insureds activities or operations for Certificate Holde CERTIFICATE HOLDER CANCELLATION ORANGE1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County, Carolina THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN g ty ort arona ACCORDANCE WITH THE POLICY PROVISIONS. Housing Human Rights& Community Development AUTHORIZED REPRESENTATIVE 3009 West Tryon Street Russell W.Shields Hillsborough, NC 27278 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD