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HomeMy WebLinkAbout2018-084-E Housing - Urban Design Ventures LLC FY2018 Annual Action PlanRevised 10/17 1 [Departmental Use Only] TITLE UrbanDesign Ventures FY 2018-2019 NORTH CAROLINA CONSULTING SERVICES AGREEMENT UNDER $90,000 ORANGE COUNTY This Agreement, made and entered into this 7 day of March, 2018, (“Effective Date”) by and between Orange County, North Carolina a body politic and corporate of the State of North Carolina (hereinafter, the "County") and Urban Design Ventures, LLC, (hereinafter, the "Consultant"). WITNESSETH: That the County and Consultant, for the consideration herein named, do hereby agree as follows: ARTICLE 1 SCOPE OF WORK 1.1 Scope of Work 1.1.1 This Services Agreement (“Agreement”) is for professional consulting services to be rendered by Consultant to County with respect to (insert type of project) the preparation of the FY 2018-2019 Annual Action Plan for Orange County. 1.1.2 By executing this Agreement, the Consultant represents and agrees that Consultant 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. 1.1.3 Time is of the essence with respect to this Agreement. 1.1.4 The services to be performed under this Agreement consist of Basic Services, as described and designated in Article 3 hereof. Compensation to the Consultant for Basic Services under this Agreement shall be as set forth herein. ARTICLE 2 RESPONSIBILITIES OF THE CONSULTANT 2.1 Services to be Provided. The Consultant shall provide the County with all services required in Article 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. 2.2. Standard of Care 2.2.1 The Consultant shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Consultant practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Consultant is solely responsible for the professional quality, accuracy and timely completion and submission DocuSign Envelope ID: 1139496C-B689-4FA4-8A35-698EED3498C0 Revised 10/17 2 of all reports, drawings, specifications, plans, documents and services (hereinafter “Deliverables”) related to the Basic Services. 2.2.2 The Consultant shall be responsible for all errors or omissions, in the deliverables prepared by the Consultant. 2.2.3 The Consultant shall correct at no additional cost to the County any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts in any Deliverables prepared by the Consultant. 2.2.4 The Consultant shall assure that all Deliverables prepared by it hereunder are in accordance with applicable laws, statutes, and that any necessary or appropriate applications for approvals are submitted to federal, state and local governments or agencies in a timely manner so as not to delay the Project. 2.2.5 The Consultant 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. 2.2.6 Any and all employees of the Consultant engaged by the Consultant in the performance of any work or services required of the Consultant under this Agreement, shall be considered employees or agents of the Consultant 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 Consultant. 2.2.7 If activities related to the performance of this agreement require specific licenses, certifications, or related credentials Consultant 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. ARTICLE 3 BASIC SERVICES 3.1 Basic Services 3.1.1 The Consultant shall perform as Basic Services the work and services described herein and as described in Exhibit A. ARTICLE 4 DURATION OF SERVICES 4.1 Scheduling of Services 4.1.1 The Consultant shall schedule and perform its activities in a timely manner. 4.1.2 Should the County determine that the Consultant is behind the agreed upon schedule, it may require the Consultant to expedite and accelerate his efforts, including providing DocuSign Envelope ID: 1139496C-B689-4FA4-8A35-698EED3498C0 Revised 10/17 3 additional resources and working overtime, as necessary, to perform his services in accordance with the approved project schedule at no additional cost to the County. 4.1.3 The Commencement Date for the Consultant's Basic Services shall be March 9, 2018. ARTICLE 5 COMPENSATION 5.1 Compensation for Basic Services 5.1.1 Compensation for Basic Services shall include all compensation due the Consultant from the County for all services under this Agreement except for any authorized Reimbursable Expenses which are defined herein. The maximum amount payable for Basic Services is Eight Thousand Dollars ($8,000.00). Payment for Basic Services shall become due and payable in direct proportion to satisfactory services performed and work accomplished. ARTICLE 6 RESPONSIBILITIES OF THE COUNTY 6.1 Cooperation and Coordination 6.1.1 The County has designated Sherrill Hampton 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 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. 6.1.2 The County shall be solely responsible for determining whether Consultant as satisfactorily completed Tasks. It is agreed that County shall not unreasonably withhold its determination of satisfactory completion of any Task. In the event the amount of an invoice is disputed County may withhold payment until the dispute is resolved by the parties. County may also withhold payment on an invoice until the satisfactory completion of a Task by Consultant. ARTICLE 7 INSURANCE AND INDEMNITY 7.1 General Requirements 7.1.1 Consultant shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, Professional Liability Insurance, and any additional insurance as may be required by Owner’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/contracts.php). If Owner’s Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here N/A (if no additional insurance required mark N/A as being not applicable). Consultant shall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 7.2 Indemnity DocuSign Envelope ID: 1139496C-B689-4FA4-8A35-698EED3498C0 Revised 10/17 4 7.2.1 The Consultant agrees, without limitation, to 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 property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or misconduct of the Consultant 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 Consultant to indemnify the County to the fullest extent permitted under North Carolina law. ARTICLE 8 AMENDMENTS TO THE AGREEMENT 8.1 Changes in Basic Services 8.1.1 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 Consultant. The Consultant shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. ARTICLE 9 TERMINATION 9.1 Termination for Convenience of the County 9.1.1 This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days prior written notice to the Consultant. 9.2 Other Termination 9.2.1 The Consultant 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 Consultant shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. 9.3 Compensation After Termination 9.3.1 In the event of termination, the Consultant 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 Consultant. 9.3.2 Should this Agreement be terminated, the Consultant 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. 9.4 Waiver 9.4.1 The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Consultant with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim DocuSign Envelope ID: 1139496C-B689-4FA4-8A35-698EED3498C0 Revised 10/17 5 for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. 9.5 Suspension 9.5.1 County may suspend the work at any time for County’s convenience and without penalty to County upon three (3) days’ notice to Consultant. Upon any suspension by County, Consultant shall discontinue the work and shall not resume the work until notified to proceed by County. ARTICLE 10 ADDITIONAL PROVISIONS 10.1 Relationship of Parties 10.1.1 Consultant is an independent contractor of the County. Neither Consultant nor any employee of the Consultant shall be deemed an officer, employee or agent of the County. Consultant's personnel shall not be employees of, or have any contractual relationship with, the County. 10.2 Limitation and Assignment 10.2.1 The County and the Consultant each bind themselves, their successors, assigns, and legal representatives to the terms of this Agreement. Neither the County nor the Consultant shall assign or transfer its interest in this Agreement without the written consent of the other. 10.3 Governing Law 10.3.1 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. Consultant 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 the definition of breach to discrimination. By executing this Agreement Consultant affirms that Consultant and any subcontractors of Consultant are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Consultant’s breach of this Agreement. By executing this Agreement Consultant affirms Consultant is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement, Consultant certifies that Consultant has not been identified, and has not utilized the services of any agent or subcontractor, on the Iran divestment list created by the State Treasurer pursuant to G.S. 147- 86.58 and the Israel boycott list created pursuant to G.S. 147-86.81. 10.4 Dispute Resolution DocuSign Envelope ID: 1139496C-B689-4FA4-8A35-698EED3498C0 Revised 10/17 6 10.4.1 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 and it is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. The Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. Under no circumstances shall any dispute be addressed through binding arbitration. 10.5 Extent of Agreement 10.5.1 This Agreement, together with the Request for Proposals together with attachments distributed by the County and the Consultant’s submitted Proposal, all of which constitute the Contract Documents, represents the entire and integrated agreement between the County and the Consultant and supersedes all prior negotiations, representations or agreements, either written or oral. In the event of a conflict among the terms of the Contract Documents, the priority of documents shall be This Agreement, the County’s Request for Proposals, attachments to the County’s Request for Proposals, the Consultant’s Proposal. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. 10.6 Severability 10.6.1 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. 10.7 Ownership of Deliverables 10.7.1 All Deliverables, together with all supporting materials, source documentation, data collected, field notes, and working drafts, developed in the performance of this Agreement shall become the property of the County and may be used on any other project without additional compensation to the Consultant. The use of the Deliverables 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. 10.8 Non-Appropriation 10.8.1 Consultant 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 Consultant 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 DocuSign Envelope ID: 1139496C-B689-4FA4-8A35-698EED3498C0 Revised 10/17 7 authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Consultant of such limitation or change in County’s legal authority. 10.9 Notices and Signatures 10.9.1 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. 10.9.2 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 Consultant’s Name & Address Attention: H&CD Urban Design Ventures, LLC P.O. Box 8181 212 East Seventh Avenue Hillsborough, NC 27278 Homestead, PA 15120 [SIGNATURE PAGE TO FOLLOW] DocuSign Envelope ID: 1139496C-B689-4FA4-8A35-698EED3498C0 Revised 10/17 8 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. COUNTY: Orange County CONSULTANT: Urban Design Ventures LLC __________________________ ____________________________ County Manager Walter J. Haglund, President Printed Name and Title DocuSign Envelope ID: 1139496C-B689-4FA4-8A35-698EED3498C0 EXHIBIT A March 7, 2018 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 2018 Annual Action Plan Dear Ms. Holmes: The firm of Urban Design Ventures, LLC (UDV) is pleased to submit our firm's revised Proposal to provided consulting services to Orange County, North Carolina for the preparation of its FY 2018 Annual Action Plan. 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 Annual Action Plans for the following communities over the past sixteen (16) 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 Hagerstown, MD ■ City of Durham, NC ■ City of Beckley, WV 212 East 7th Avenue, Homestead, PA 15120 I Phone: (412) 461-6916 I Fax: (412) 461-6920 I www.urbandesignventures.com DocuSign Envelope ID: 1139496C-B689-4FA4-8A35-698EED3498C0 ■ City of Charleston, WV ■ City of Martinsburg , WV ■ 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 ■ City of Gary, IN ■ Howard County, MD Attached is an outline scope of work, estimated cost of services, and time schedule to complete the FY 2018 Annual Action Plan for Orange County. As you review our proposal, if you have any questions please contact our office at your convenience at (412) 461-6916. a ter J. Haglund, President Enc. 212 East 7th Avenue, Homes t ead , PA 15120 I Pho ne : (412) 461-6916 I Fax (412) 461-6920 I www.urbandesignventures.com DocuSign Envelope ID: 1139496C-B689-4FA4-8A35-698EED3498C0 IURBAN !DESIGN i VENTURES UDV CONSULTING SERVICES FOR THE PREPARATION OF THE FY 2017 ANNUAL ACTION PLAN FOR ORANGE COUNTY, NC A. SCOPE OF SERVICES: 1. FY 2018 Annual Action Plan Urban Design Ventures, LLC will assist the County of Orange , North Carolina in the preparation of its FY 2018 Annual Action Plan. Our staff previously performed this service for the County's FY 2015 through FY 2017 Annual Action Plans. The Annual Action Plan describes what activities the County proposes to undertake with each year's funding. The Annual Action Plan will be developed utilizing the latest eCon Planning Suite in IDIS. The Annual Action Plan will contain the following elements: • Form HUD - 424. Complete the new HUD form for approval and signature by the appropriate County Official. Other resources that will be utilized by the County for leveraging and match obligations will be listed. • Executive Summary. Prepare the Executive Summary which will identify the available funds, strategies and objectives and activities to be undertaken, • Summary of Priorities, Goals, Budgets and Anticipated Accomplishments. Prepare a listing of the existing five year strategic initiatives as outlined in the Five Year Plan, which initiatives will be undertaken in the annual action plan, and the number of persons benefiting. • General Questions. Address the HUD general questions in the latest IDIS format which will include a description of the geographic areas of the County, what was the basis used to allocate funds by geographic area, are funds being used to address underserved needs, and what resources are expected to be made available. • Managing the Process. Describe what agencies are administering programs, a description of the process used to develop the plan, and how improvements will be made to enhance coordination among agencies. • Citizen Participation. Describe the citizen participation process used, prepare all the notices to be published in the local newspaper, and prepare a summary of any written citizen comments. If the County wants the consultant's staff DocuSign Envelope ID: 1139496C-B689-4FA4-8A35-698EED3498C0 to attend any public hearings and/or County Commissioners' meetings, there will be extra charges based on the firm's hourly rates and travel expenses. • Institutional Structure. Describe what actions the County proposes to undertake in the development of the institutional structure. • Monitoring. Describe what actions the County will utilize to monitor its HOME projects and sub-recipients. • Lead Based Paint. Describe what is the extent of lead based paint hazards in the County and what actions are being undertaken to reduce and abate lead based paint. • Specific Housing Objectives. Prepare the listing of specific housing objectives by priority status and include a list of available resources. • Needs of Public Housing. Contact the housing staff of the County and review their plans and needs of public housing, as well as preparing a description of HUD's performance rating. • Barriers to Affordable Housing. Prepare a narrative on previously identified barriers to affordable housing and what progress the County is making to remove, reduce, and eliminate those barriers to affordable housing. • Specific Homeless Prevention Elements. Address the following required areas and issues in the latest IDIS format, including: what sources of funds are available, what is the extent of homelessness and chronic homelessness in the County, what programs are in place or proposed to prevent homelessness, what are the discharge policies from state institutions and how is it being coordinated, what are the transitional housing resources, what are the permanent supportive housing resources, and what are the other special housing needs in the County. • Community Development. Prepare the required narrative on what are the priority community development needs and describe the community development objectives. • Antipoverty Strategy. Prepare a narrative on what actions the County will undertake to reduce the number of persons living in poverty. • Non-Homeless Special Needs. Prepare the outline of what are the County's non-homeless special needs housing objectives and what resources will be used to address those needs. • Resolutions. Prepare the resolution for consideration by the County Commissioners using the County's format. DocuSign Envelope ID: 1139496C-B689-4FA4-8A35-698EED3498C0 • Certifications. Download from HUD Exchange the latest certifications and complete them for signature by the County Manager. • Activity/Project Worksheets. Prepare the individual activity sheets in IDIS for each activity to be funded; including the performance and outcome measures. • Final Document. Submit to HUD the Annual Action Plan through IDIS. Provide one (1) copy and an electronic copy to the County. • Coordinate with Chapel Hill. Consult and coordinate with the community development staff of Chapel Hill as part of the Orange County HOME Consortium, on their activities to be attached to the County's FY 2018 Annual Action Plan. 8. COMPENSATION: 1. Lump Sum Amount - The Consultant will prepare the FY 2018 Annual Action Plan for Orange County for the lump sum amount of $6,800 and $1,200 for reimbursable expenses for one (1) overnight trip to Orange County. Total compensation to be $8,000. 2. Additional Costs - Should Orange County want the Consultant to be present for more meetings or hearings, there will be additional compensation charged at the rate of $1,200 for each additional trip to Orange County. C. TIME SCHEDULE: 1. Initiation of Work - The Consultant will begin to work on the FY 2018 Annual Action Plan as soon as directed to begin so by the staff of the Orange County Department of Housing, Human Rights and Community Development. 2. Draft Document - The Consultant will provide Orange County with a "Draft" of the FY 2018 Annual Action Plan by March 30, 2018. The staff of Orange DocuSign Envelope ID: 1139496C-B689-4FA4-8A35-698EED3498C0 County will review the "Draft" and advise the Consultant of any changes, revisions, or additions by April 13, 2018. 3. Plan on Display - The Consultant will furnish 3 copies of the final "Draft" of the FY 2018 Annual Action Plan to put on public display beginning the week of April 16, 2018 for a period of 30 days. 4. Public Hearing - The Consultant will prepare the Notice of the Public Hearing and if requested, will attend the Public Hearing in Orange County. NOTE: The estimated time schedule is based on the HUD release of the allocation of funds to Orange County in accordance with the HUD Policy Memo CPD-18-01, issued January 24, 2018. 5. Final HUD Allocation - When the U.S. Department of HUD releases its final allocation of funds, the Consultant along with the assistance of the Orange County staff will make any revisions as necessary to the FY 2018 Annual Action Plan Budget. 6. Approval of the Plan - After the final HUD allocation of FY 2018 HOME funds is determined, the public display period is over, and the citizen participation requirements are met, the Board of County Commissioners will approve the FY 2018 Annual Action Plans. This date is to be determined based on the HUD release of the final allocation of HOME funds. 7. Submission to HUD- The Consultant will electronically submit the approved annual action plan to HUD in IDIS, prior to August 15, 2018 or when advised by HUD of the date that it will accept applications for FY 2018 HOME funds, whichever date comes first. 8. HUD Review - The Consultant will address any questions or comments that the HUD staff may raise during the 45 day review period prior to September 30, 2018. DocuSign Envelope ID: 1139496C-B689-4FA4-8A35-698EED3498C0 DocuSign Envelope ID: 1139496C-B689-4FA4-8A35-698EED3498C0