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HomeMy Public PortalAboutr 99:43 THIS AGREEMENT made this §~'~ day of ~'el:rcu~'y , 1999 by and between the Borough of Carteret (hereinafter referred to as "Borough"), a Municipal Corporation of the State of New Jersey and Housing Services In£., Point Pleasant Beach, New Jersey (hereinafter referred to as "Appointee"); and WHEREAS, the Borough Council of the Borough of Carteret by Resolution No. 99-/~, has appointed the Appointee to the position of Housing Rehabilitation Program Administrator as set forth in the Resolution for a period commencing and ending as indicated herein; and WHEREAS, both the Borough and the Appointee desire to set forth the various duties, terms and responsibilities of the parties hereto. WITNESSETH, that the parties hereto, for and in consideration of the mutual agreements herein contained, promise and agree as follows: 1. The term of the Agreement shall be from the effective date of this Agreement for a period not to exceed (48) months. This agreement period is contingent on continued Regional Contribution Agreement funding at an adequate level to fund the hard and soft costs of the Borough's housing rehabilitation program. 2. The Appointee shall furnish all equipment and materials and shall perform the services set forth in Schedule A, Scope of Services, as provided in this Agreement and as awarded to it for a per unit administrative fee of 18 percent of the awarded bid price per unit to be paid in accordance with attached Schedule B, Compensation Schedule in strict accordance with the contract as the word "contract" is hereinafter defined and in accordance with all other terms and provisions. 3. The "contract" shall consist of the following: A. This Agreement and all Schedu]es annexed thereto. B. Resolution of appointment made by the Mayor and Borough Council. C. All other terms required by law to be inserted in this contract, whether actually inserted or not. D. The Affirmative Action Requirements annexed hereto, applicable to this contract, as Schedule C. 4. Appointee hereby represents to the Borough that Appointee is qualified to fulfill the position set forth herein with applicable requirements. Appointee further represents that Appointee is familiar with all applicable statutes, laws, regulations, procedures and requirements in connection with this appointment. 5. Appointee hereby agrees to perform the services set forth under the Scope of Services, Schedule A, for the Borough of Carteret during the period set forth herein above. 6. The Appointee shall not assign this contract or any of its rights or monies due hereunder without the previous written consent of the Borough as evidenced by a duly adopted Resolution. 7. Appointee represents that they currently have professional liability insurance in a minimum amount of $500,000.000 and that they shall supply a certificate to the Borough showing said coverage. Appointee further covenants and agrees to protect, keep and hold the Borough of Carteret harmless against any and all actions, claims or demands for damages, which may be caused by the negligent error, act or omission of Appointee or by the improper performance of this contract. 8. Payment to Appointee shall be made in strict accordance with the terms of the proposal and the terms of this contract. It is understood and agreed that in the event Appointee is required to perform services that are not contemplated and are not within the subject matter of this contract and are extraordinary and are of a kind which would not ordinarily be performed in the normal course of providing services, that Appointee shall be paid additional sums of money based upon change orders duly approved by Resolution of the Borough Council or pursuant to separate agreements. 9. The par~ies to this contract agree to incorporate into this contract the mandatory language of the regulations promulgated by the Treasurer pursuant to P.U 1975, c.172 as attached hereto and made a part hereof as Schedule C. AND IT IS FURTHER UNDERSTOOD AND AGREED that the covenants, conditions and agreements herein contained are binding of the parties hereto, their successors, assigns and legal representatives. IN WITNESS WHEREOF, the parties hereto have caused their presents to be signed by the respective authorized officers and the proper corporate and/or municipal seals affixed hereto, the date and year first written above. ATTEST: G ,o, C ECTOR ATTEST: WIIN[SS OR AlT[S1: BY: BY: BY: BOROUGH OF CARTERET A. FAILACE, MAYOR /KATHLEEN M. BARNEY, CLERI(./ --~ HOUSING SERVICES ~NC. SCHEDULE A: SCOPE OF SERVICES The following items are to be included within the scope of services to be provided by Housing Services Inc. in connection with the daily operation of the Carteret Borough Housing Rehabilitation Program. HSI will process all applications on a first come first served basis from the list of 200 pre-qualified applicants generated by your office. Working with a group of ten or more names at each mailing, HSI will send out applications and a "newsletter" which describes the program in detail. As part of program start-up, HSI will design all necessary documents used in the program. HSI will review and screen owner applications relative to compliance with the basic program requirements in the Carteret Policies and Procedural Manual for the rehabilitation program. As part of program start-up, HSI will write the manual based on program goals determined by the municipality. The Carteret Community Development Office will have final selection over which applicants are served. HSI will complete an Environmental Checkhst which includes a noise evaluation, flood plain evaluation and historic preservation evaluation. Once an applicant is approved for program participation, an HSI housing inspector will conduct a comprehensive property inspection to identify building and plumbing code violations, and health and safety conditions requiring repair. HSI will notify appropriate construction code officials for all electrical inspections and will notify each applicant of the appropriate office to call to schedule electrical inspections. (if you prefer HSI can retain a subconsultant to conduct electrical inspection,:.) HSI Housing Inspectors will thoroughly advise the homeowner as to the intent of the program to bring units into compliance with local building code standards and discuss in depth eligible and ineligible improvements indicated in the initial inspection. HSI will prepare a bid package for each project which includes a "work write-up" that specifies each work task, line item cost estimates, and a high/Iow 15% bid bracket, as well as other documentation. Bid packages circulated to bidding contractors will obviou;!y not include any cost estimates or bid bracket information. Prior to bid solicitation, the homeowner will be required to review their work write-up with an HSI housing inspector for purposes of minor modification and final approval. The owner wdi be informed that once the bid process has begun, further modifications will r, ot be undertaken. The HSI Program Director will provide a copy of the work write-up (minus cost information) to the homeowner and local construction officials. Construction officials can reference the work write-up when the contractor applies for building permits. This gives the municipal construction inspectior~ department full insight into which permits are re~uired. The HSI Program Director or Housing Inspector will be available during normal business hours to answer questions related to inspections, work write-ups and cost estimates for the Housing Rehabilitation Program. HSI will provide a toll free number for applicant inquiries. HSI will handle the solicitation of contract bids for all work under the direct supervision of the Program Director. HSI will send bid packages to at least five contractors who will be invited to bid. HSI will encourage Carteret area contractors to complete reference packages and add their names to the active list of interested contractors. HSI will also include contractors who have a good reputation with our firm as part of the active list of contractors. If Carteret prefers, HSI will solicit bids through a public bidding process by placing an advertisement in the legal ad section of your local newspaper. A bid opening will be scheduled by HSI on a specified date and time. All bidding contractors are invited to attend. Once the Iow bidder is established, HSI will send a letter to each bidding contractor informing him/her of the contract award as HSI well as documenting each bid proposal received. HSI will coordinate the selection of the contractor by the homeowner and the execution of all necessary agreements and finance documents related to the rehabilitation program at a Pre-Construction Conference. HSI will be responsible for creating all lien documents, but, per your request, the Carteret Community Development Office will be responsible for recording applicable mortgages and modifications to mortgages. HSI Housing Inspectors will provide construct!on inspections to monitor compliance with program requirements and to generate progress inspection reports for contractor payments. The Community Development Office will forward all requests for payments (that have been generated by HSI) to the municipality which will subsequently issue checks to contractors. HSI staff will act as mediators i~ the resolution of conflicts between owners and contractors as required. EXCLUSIONS: The following services are specifically excluded from the scope of services to be provided under this agreement: HSI will invoice the Borough for the procurement of any and all architectural or engineering design services related to the rehabilitation of residential structures and the coordination thereof. This direct cost will be billed hourly according to the attached 1999 Fee Schedule. HSI's services will include, for example, soliciting competitive bids and attending a site visit with the selected engineering or architectural firm. HSI will immediately advise the Borougt~ when architectural or engineering services are necessary. However, the decision to utilize architectural and/or engineering services on a ~.articular project will be the Borough's. The Borough will also be responsible for compensating the selected architectural and/or engineering firm for services rendered. Any and all legal services as may be required to administer the program. HSI will recommend to the Borough when legal services are necessary. However the decision to utilize legal services on a particular project will be the Borough's. The Borough will also be responsible for compensating the municipal attorney for services rendered. Direct costs such as advertising, legal notices, public notices, etc. XRF testing for lead paint contamination, lead paint contamination reports, or lead paint work write-ups. The Community Development Office will be responsible for monitoring affordability controls on sale or rental units for the applicable lien period, and for enforcement of repayment agreements in the mortgage note (as required). The cost to retain an electrical inspector for the comprehensive inspection (if required). Preparation and submittal of a "Project Plan," if required for review, by the NJ Housing and Mortgage Finance Agency per COAH rule 5:91-11.3. The preparation of this project plan would be commenced by HSI only upon authorization by the Borough. In this case, HSI would submit a cost proposal to prepare the Project Plan. Preparation of documents for "RCA Recipient Certification," if required, by the Council On Affordable Housing per COAH rule 5:91-11.4. The preparation of this certification would be implemented by HSI only upon authorization by the Borough. In this case, HSI would submit a cost proposal to prepare the RCA Recipient Certification. SCHEDULE B - COMPENSATION SCHEDULE Total compensation to administer the Carteret Housing Rehabilitation Program will be: A. Start-Up Costs: No Charge Start-up will include creation of a Waiting List, authoring a Policy and Procedural Manual which details the design of the program including affordability controls, creation of all forms necessary for program implementation (including application forms, letters, mortgage/note, deferred loan forms), and use of HSI's Standard Specification Construction Manual which is a proprietary document. B. Per Unit Administrative Fee: 18 percent of the bid price per single-family unit. HSI proposes to administer each single-family project for eighteen (18) percent of the bid price per unit. This is inclusive of the scope of services defined in this proposal. Thus our fee for administering a $10,000 project would be $1,800 while our fee on a $16,000 project would be $2,880. In a multi-family structure, the administrative fee for the first unit will be as above and each additional unit in a structure will be $1,500. These fees will remain in effect for forty eight months from the time the contract is executed, and invoicing for per unit administrative fees will be broken down as follows: 1. A voucher will be submitted in the amount of 50% our administrative fee per unit upon transmittal of executed loan documents to Carteret. 2. A voucher will be submitted in the amount of 50% of our administrative fee per unit upon final inspection approval by the Borough Building Inspector. Please note, if HSI provides inspection, work write-up, cost estimating, or bidding services on any project that is not ultimately executed, HSI services will be free of charge for that unit. If our services are required beyond the original forty-eight month contractual period, our fees will be re-negotiated at that time. Any other technical assistance not. covered herein (if required by Carteret ) will be billed hourly for appropriate personnel according to the fee attached fee schedule. SCHEDULE C P.I.. 1975, C. 127 (N.].A.C. 17:27) MANDATORY AFFIRMATIVE ACTION LANGUAGE PROCUREMENT, PROFESSIONAL AND SERVICE CONTRACTS During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status or sex. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without r~gard to their age, race, creed, color, national origin, ancestry, marital status or sex, affectional or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status or sex. The contractor or subcontractor, where applicable, will send to each labor union or representative or workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor, where applicable, agrees to comply with the regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time and the American with Disabilities Act. The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers consistent with the applicable county employment goals prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.U 1975, C. 127, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27-5~2 promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time. The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including employment agencies, placement bureaus, colleges, universities and labor unions, that it does not discriminate on the basis of age, creed, color, national origil~, ancestry, mdlital status or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices. The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal Law and applicable Federal Court decisions. The contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status or sex, and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal Law and applicable Federal Court decisions. The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance investigation pursuant to Subchapter 10 o f the Administrative Code (N.J.A.C. 17:27). COMPANY SIGNATURE TITLE DATE SCHEDULE C 1999 HOUSING SERVICES INC. HOURLY FEE SCHEDULE MUNICIPAL CONSULTING SERVICES DIRECTOR OF PLANNING PROGRAM DIRECTOR ASSISTANT PROGRAM ADMINISTRATOR LEAD INSPECTOPJRISK ASSESSOR SENIOR CONSTRUCTION OBSERVER CONSTRUCTION OBSERVER CLERICAL 100.00 75.00 50.00 75.00 65.00 55.00 37.00 No. 99-43 Dale of Adop6onJfiNUARY 21, 1999 RESOLUTION AUTHORIZING A~ WI'IH HOUSING SERVICES, INC. TO PEltFORM CEI~TAIN IRJTIF. g IN GONNECTION Wfllt THE BOROIIGIt'S SCATrERI~) SITE HOUSING RIItABILITATION PROGRAM. WHEREAS, the Borough of Carteret (the "Borough") has received cer- tain money pursuant to regional contribution agreements ("RCA's") with various communities; and WttEIIEAS, the Borough is about to undertake an extensive scattered site rehabilitation program to utilize said RCA Funds; and WHEllEAS, the Borough has determined that it is in the Borough's best interest to utilize the services of Housing Services, Inc. ("Housing Services") to assist the Borough in accomplishing the rehabilitation program. NOW, ~RE, BE IT RESOLVED, by the Mayor and Council of the Borough of Carteret that the attached Agreement with Housing Services is approved. BE ITFORTHERRESOLVEI), that this award is made without competitive bidding in that the services to be performed are in the nature of extraordinary unspecified service and therefore exempt pursuant to N.J.S.A. 11-5, et seq. BE IT FORTH~R~LVED, that the Mayor and Municipal Clerk are hereby authorized to execute the attached agreement of behalf of the Borough. BE IT FURTHI~IRESOLVI~), that this award shall be advertised as prescribed by law. Adopted the 21st day of January, 1999 and certified as a true copy of the original on JANUARY 22~ 1999. KATHLEEN M. BARNEY, Certified Municipal Clerk I r COUNCILMAN CRTI.I.EY FAZ~O~ OIrOWSKI X - Indicate Vote RECORD OF COUNCIL VOTE YES NO NV A.B. COUNCIl.MAN O'BRD~I AB -Abscnt I~~~~YESx NO- __NV A.B. NV - Not Voting XOR - indicates Vote to Ovcrrulc Veto Adopted at a meeting of the Municipal Council JANUARY 21, 1999