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HomeMy WebLinkAbout2018-768-E Housing - David Sims utility allowance report preparation DocuSign Envelope ID:739D4C9E-26DC-45C4-A5C5-1B75846342B1 [Departmental Use Only] TITLE Utility Allowance Report FY 18-19 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 29 day of November, 2018, ("Effective Date") by and between Orange County,North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and David Sims & Associates (the "Provider"),party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement,time being of the essence: The services and/or materials and/or construction (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Provide a utility allowance report for the Orange County Housing Authority Housing Choice Voucher Progam. The term of this agreement rendered shall be from November 29, 2018 to November 29, 2019. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS I. Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed 2,950.00, ($as). 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 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 Revised 10/17(Mgr appry 5k 6/18) 1 DocuSign Envelope ID:739D4C9E-26DC-45C4-A5C5-1B75846342B1 incorporated herein by reference and may be viewed at http://www.orangecountVnc.gov/departments/purchasing division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here general and professional liability insurance (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,without limitation, 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 in carrying out Provider's duties and obligations related to the Services to be provided in this Agreement. 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 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. Modifications may be evidenced by telefacsimile signature. 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. Governing Law and Priority: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and Orange County. 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.oran eg cogpt)nc. og v/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 certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. If such mediation fails either party may initiate litigation to resolve the dispute. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. Revised 10/17(Mgr appry 5k 6/18) 2 DocuSign Envelope ID:739D4C9E-26DC-45C4-A5C5-1B75846342B1 10. 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. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. OR A I& o cu5i�I&T-7 PRL"'rnr,n 9n T by, OocuSignedby:r�,,rf.,,..+r, P• By. 1EEOF29E7BA447B... By.- 41E28447BB21428... Department Director Titl Na 1 200 S. Cameron St. P.O. BOX 8181 Hillsborough,NC 27278 Revised 10/17(Mgr appry 5k 6/18) 3 DocuSign Envelope ID:739D4C9E-26DC-45C4-A5C5-lB75846342B1 Da vid Sims&Associates Consulting Engineers, P. C. 108 Giles Avenue,Suite 100 (910)791-8016 Wilmington,NC 28403 Fax(910)395-5734 NC License C-1150 May 16,2018 Sherrill Hampton,Executive Director Orange County Housing Authority Orange County,NC Via Email to sham pton(c�oran eg�ountync.gav RE: Section 8 Utility allowance Report Dear Ms.Sherrill: I would like to make the following proposal to provide a utility allowance report for the Orange County section 8 housing. The cost will include a trip to your Housing Authority to inspect several typical units of each housing type(apartments,houses and mobile homes). • The cast for the 1st year(original report)would be$2,950.00 • To update the report would be$1,225.00 for each additional year(pricing good for 2 additional years). Summary of cost: ■ 1-year contract cost:$2,950.00 ■ 2-year contract cost:$4,175.00 • 3-year contract cost:$5,400.00 Work beyond the above scope can be provided at the following hourly rates: Principal $145.00/hr Sr.Technician $75.00/hr Engineer $115.00/hr Technician $65.00/hr Designer $95.00/hr Clerical $45.00/hr Please let me know if I can be of service. Sincerely, DAVID SIMS&ASSOCIATES CONSULTING ENGINEERS,P.C. s OacuSigned dy: CHRISTOPHER M.LIPPINCOTT, P.E. aua Ie 11/29/2018 9EE0=29E7BA447B... ACCEPTED BATE \\dsa-server-pc\f\WOAFPROC\PROP4SA4\47fl0\PROP47 19 Orange County Housing Authority.doex DocuSign Envelope ID:739D4C9E-26DC-45C4-A5C5-1B75846342B1 Sherrill Hampton From: Javon Holley Sent: Thursday, November 29, 20181:41 PM To: Sherrill Hampton Subject: FW:orange County Utility Allowance Study Javon Holley, MPA Housing Choice Voucher Program Manager - Dept. of Housing and.. Community Development 300 West Tryon Street PO Box 8181 Hillsborough, NC 27278 iholle�d rang_ecountync.gov Phone— (919) 245-4331 {, PIA It <::kRLA From- Chris Lippincott[rnaiito:chris@dsaeng.com] Sent:Thursday, November 08, 2+018 5:29 PM To: Javon Holley Subject: RE: Orange Country Utility Allowance Study Jovan, Sorry for the delayed response. Thank you for considering us? Our proposals should still be good and we would probably be able to start on them in the middle to end of December. Sincerely, Christopher M. Lippincott, PE David Sims &Associates 108 Giles Ave, Suite 100 Ph. 910-617-0641 Fx. 910-395-5734 Email. chris dsaen .com From:Javon Holley tjholley@orangecountync.gov> Sent:Tuesday, November f, 2018 3:01 PM To:Chris Lippincott<chris@dsaeng.com> Subject:Orange County Utility Allowance Study Hello Mr.Chris Lippincott, t DocuSign Envelope ID:739D4C9E-26DC-45C4-A5C5-1B75846342B1 l am the new Housing Choice Voucher Program Manager with the Orange County Housing Authority, and we are in the process of finalizing the proposal process for our utility allowance study. I was able to review your proposal and would like to know if the proposed rate has changed and how soon can you begin if selected? Thank you, W. Javon Holley, MIRA Housing Choice Voucher Program Manager Department of Housing and Community Development 300 West Tryon Street PO Box 8181 Hillsborough, NC 27278 'holle oran ecounfi nc. ov Phone—(919) 245-4331 RIANGE COUNTY '•:(1RTI{ ('?%it(it,INIA 2 DocuSign Envelope ID:739D4C9E-26DC-45C4-A5C5-1B75846342B1 c� DAVISIM-01 TSHREWSBERRY ACQ► � CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 16..� 11/28/2018 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 have ADDITIONAL INSURED provisions or 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 NAME: Harold W.Wells&Son,Inc. PHONE FAX 1 IN3rd Street (A/C,No,Ext):(910)762-8551 (A/C,No):(910)254-9404 IL Wilmington, NC 28401 ADDRESS:insurance@wellsins.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Continental Casualty Company 20443 INSURED INSURER B:Hartford Insurance Company of the Midwest 37478 David Sims and Associates Consulting Engineers PC INSURERC: 108 Giles Avenue Suite 100 INSURERD: Wilmington,NC 28403 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 NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM DD Y MM/DD A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR B1076401294 03127/2018 03/2712019 DAMAGE TO RENTED 300,000 X X PREMISES Ea occurrence $ X BUSINESS OWNERS MED EXP(Any oneperson) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PECOT- LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ ANY AUTO B1076401294 03/27/2018 03/27/2019 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PerOaccitlenDAMAGE $ AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE B1076342926 03/27/2018 03/27/2019 AGGREGATE $ 5,000,000 DED X RETENTION$ 0 B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN 22WBCCM5985 05/01/2018 05/01/2019 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE LN] N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT A Professional Liab AEH591894118 11/08/2018 11/08/2019 EACH CLAIM 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) As required by written contract,certificate holder is also an additional insured per form SB146932 and includes ongoing&completed operations on a primary &noncontributory basis per form S6146968. Waiver of subrogation applies as required by written contract. 30 day notice of cancellation applies,except for nonpayment which is 10 days. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange Count Housing Authority THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 9 Y 9 Y ACCORDANCE WITH THE POLICY PROVISIONS. Orange County, North Carolina 300 West Tryon Street PO Box 8181 AUTHORIZED REPRESENTATIVE Hillsborough, NC 27278 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD