2023-2024 Community Investment Partnership Program

1 Request for Proposals #22-100 2023-2024 Community Investment Partnership Program Wake County, North Carolina Proposals are due December 6, 2022 before 3:00 pm ET Submit proposals to the attention of: Melissa England Wake County Justice Center 301 S. McDowell Street 2nd Floor – Ste 2900 Raleigh, NC 27601 R E Q U E S T F O R P R O P O S A L S # 2 2 - 1 0 0 2 Table of Contents 1.0 Introduction ....................................................................................................................................................... 4 1.1 Program Summary ................................................................................................................................................. 4 1.2 Program Purpose ............................................................................................................................................... 5 1.3 Program Objectives

........................................................................................................................................... 6 1.4 General Proposal Requirements ........................................................................................................................ 9 2.0 General Program Requirements .................................................................................................................................10 2.1 Eligible Activities .............................................................................................................................................. 10 2.2 Program Qualifications .................................................................................................................................... 14 2.3 Additional Guidelines for Service Providers ...................................................................................................... 18 3.0 Evaluation Criteria ........................................................................................................................................................20 3.1 Selection Participants ...................................................................................................................................... 20 3.2 Evaluation of Proposals.................................................................................................................................... 20 4.0 Detailed Submittal Requirements................................................................................................................................22 4.1 Proposal Contact ............................................................................................................................................. 22 4.2 Proposal Submittal Requirements .................................................................................................................... 22 4.3 Proposer Expenses........................................................................................................................................... 22 4.4 Interpretations, Discrepancies, and Omissions ................................................................................................. 23 4.5 Commitment of Funding .................................................................................................................................. 23 4.6 Proposal Format .............................................................................................................................................. 23 4.7 Executive Summary and Proposer Information ................................................................................................ 24 4.8 Project Objective ............................................................................................................................................. 24 4.9 Project Scope ................................................................................................................................................... 24 4.10 Community Engagement Process ..................................................................................................................... 25 4.11 Budget ............................................................................................................................................................. 25 4.12 Project Schedule .............................................................................................................................................. 25 4.13 Maps for Reference ......................................................................................................................................... 25 4.14 Additional Studies, Analysis, Data Reports, and Surveys ................................................................................... 25 4.15 Tentative Schedule .......................................................................................................................................... 25 5.0 Process Steps .................................................................................................................................................................26 5.1 Program Process .............................................................................................................................................. 26 6.0 General Terms and Conditions .....................................................................................................................................27 6.1 Certification ..................................................................................................................................................... 27 6.2 Conflict of Interest ........................................................................................................................................... 27 6.3 Assignment ...................................................................................................................................................... 27 6.4 Independent Contractor .................................................................................................................................. 27 R E Q U E S T F O R P R O P O S A L S # 2 2 - 1 0 0 3 6.5 Payment .......................................................................................................................................................... 28 6.6 Insurance ......................................................................................................................................................... 28 6.7 Governing Laws ............................................................................................................................................... 29 6.8 Confidential Information/Public Records Law .................................................................................................. 29 6.9 Confidential or Trade Secret Information ........................................................................................................ 29 6.10 Compliance with Laws and Regulations............................................................................................................ 30 6.11 Acceptance ...................................................................................................................................................... 30 6.12 Nondiscrimination ........................................................................................................................................... 30 6.13 Additional Services .......................................................................................................................................... 31 6.14 E-Verify ............................................................................................................................................................ 31 6.15 Iran Divestment Act ......................................................................................................................................... 31 6.16 Federal Uniform Guidance ............................................................................................................................... 31 7.0 Appendices ....................................................................................................................................................................33 7.1 Appendix - 2022 HUD Income Limits ................................................................................................................ 33 7.2 Appendix - Project Examples & Activity Descriptions ........................................................................................ 33 7.3 Appendix - Terms and Definitions .................................................................................................................... 37 R E Q U E S T F O R P R O P O S A L S # 2 2 - 1 0 0 4 1.1 Program Summary Proposal Due Date: December 6, 2022, Before 3:00 PM ET Submission: one (1) digital copy on a flash-drive mailed or dropped off to: Melissa England Wake County Justice Center 301 S. McDowell Street, 2nd Floor – Ste 2900, Raleigh, NC 27601 Target Funding Amount: up to $250,000 per project • Projects are eligible for up to $250,000 per project depending on its score during the evaluation process. Projects will be evaluated and potentially awarded based on the criteria found in Section 3 of this RFP. Eligible Proposers • Wake County, North Carolina Municipal Governments • Non-Profit Service Providers o Note: Project activities within the jurisdictions receiving CDBG entitlement funds must clearly demonstrate a benefit to people residing throughout Wake County Eligible Activities • Existing Structure Preservation: Rehabilitation and Reconstruction • Existing Site Preparation: Acquisition, Clearance, and Demolition • Public Amenities and Infrastructure: Public Facilities Hierarchy of Needs • A significant portion of the evaluation criteria is the hierarchy of community needs outlined below. More description of these priorities can be found in Section 2. Municipal Projects: Housing & Shelter Public Improvement: Community Safety Public Improvement: Infrastructure Public Improvement: Amenities Service Provider Projects: Housing & Shelter Public Service Facilities: Property Improvement Public Service Facilities: Amenities 1 Introduction R E Q U E S T F O R P R O P O S A L S # 2 2 - 1 0 0 5 Meet National Objectives • Projects must meet at least one of following HUD National Objectives set by the U.S. Dept. of Housing and Urban Development (HUD): o Benefiting low-and-moderate income (LMI) persons ▪ LMI Housing Benefits ▪ LMI Limited Clientele ▪ LMI Service Area o Preventing or Eliminating Slum and Blight o Meeting other community development needs that are deemed to be urgent because existing conditions pose a serious and immediate threat to the health and welfare of the community, and other financial resources are not available to meet the need. Program Contact: • Chris Whitenhill – Affordable Housing Planner Chris.Whitenhill@wakegov.com 919-856-5265 1.2 Program Purpose Wake County continues to experience growth challenges related to complex market conditions and the shortage of affordable and workforce housing stock. Housing affordability is essential to building and maintaining flourishing communities. As Wake County continues to experience unprecedented population growth, it is committed to prioritizing the creation and preservation of affordable housing, improving infrastructure, and community facilities for low- and moderate-income residents countywide. Wake County’s Community Investment Partnership Program (CIPP) was developed to help maintain healthy, vibrant, environmentally sustainable, affordable, and accessible communities through the preservation and development of affordable housing, community infrastructure, and facilities. The CIPP offers municipalities and service providers in Wake County’s HUD entitlement communities broad options to meet the community development needs that are specific and most critical to their locality. Proposals should consider using the following livability principles as guides for project formation: 1. Promote equitable, affordable, and safe housing and infrastructure. Increase the accessibility of housing and mobility for people of all ages, races, and ethnicities. Specifically, ensure affordability exists across all housing choices and in all locations. 2. Support existing communities. Increase community revitalization, reduce slums and blight, and safeguard landscapes by targeting federal funding toward existing communities. Using smart growth strategies such as transit-oriented, mixed-use mailto:Chris.Whitenhill@wakegov.com R E Q U E S T F O R P R O P O S A L S # 2 2 - 1 0 0 6 development and redevelopment, prepare communities for growth, economic opportunity, and equitable investments. 3. Value communities and neighborhoods. Enhance the unique characteristics of all communities by investing in healthy, safe, and walkable neighborhoods - rural, urban, or suburban. 1.3 Program Objectives The Community Investment Partnership Program (CIPP) administers Community Development Block Grant (CDBG) funds for projects. CDBG requires all project activities to meet at least one of the three CDBG national objectives, though CIPP projects focusing on meeting Objective 1 of HUD’s National Objectives will score the highest in the project evaluation. HUD CDBG Grant Program National Objectives 1. Benefiting low-and-moderate income (LMI) persons Benefits to LMI persons may be provided directly to individuals, through housing affordability, to a limited clientele population, or in an area-wide benefit. Proposers must ensure that limited clientele, housing, or area-wide benefits serve at least 51% low and moderate-income (LMI) persons, and direct activities benefit 100% low and moderate-income (LMI) persons. Low and moderate-income households are defined as those with incomes equal to or less than eighty percent (80%) of the area median income (AMI) of the metropolitan area. Annual “Income Limits,” published by the Department of Housing and Urban Development (HUD), defines income limits for low and moderate-income families per family size. Eligible Income limits are attached in Appendix A. Additionally, proposers must ensure that CIPP projects do not benefit moderate- income persons to the exclusion, burden, or displacement of low-income persons. Proposers are responsible for describing the housing population, limited clientele, or service area of an activity for their project. Below are descriptions of each type of benefit: a. LMI Housing Benefits To provide LMI housing benefits, activities should provide or improve permanent residential structures which, upon completion, will be occupied by LMI households. b. LMI Limited Clientele With respect to determining the beneficiaries of activities as LMI and R E Q U E S T F O R P R O P O S A L S # 2 2 - 1 0 0 7 qualifying under the limited clientele category, activities must meet one of the following: i. Benefit a clientele that is generally presumed to be principally LMI. This presumption covers abused children, battered spouses, elderly persons, severely disabled adults, homeless persons, illiterate adults, persons living with AIDS and migrant farm workers; or ii. Require documentation on family size and income to show that at least 51% of the clientele are LMI; or iii. Have income eligibility requirements limiting the activity to LMI persons only; or iv. Be of such a nature and in such a location that it can be concluded that clients are primarily LMI. c. LMI Service Area The area that will benefit from a project such as a park improvement or street infrastructure. When making a determination regarding the service area, the following factors should be considered: i. The service area should have clearly defined boundaries that can be mapped in the proposal. ii. The nature of the activity should be appropriate for the accommodation of services and/or benefits provided to the defined area. iii. The location of the activity should consider benefits to areas in the immediate proximity, as well as outside of the geographic boundary of the project. When a project is located near the boundary of a particular neighborhood, its service area could likely include portions of the adjacent neighborhood as well as the one in which it is located. iv. Activities should mitigate accessibility issues such as geographic barriers which can separate and preclude persons residing in a nearby area. Other limits to accessibility can include access fees, language barriers, time, or duration that an activity is available, access to transportation and parking, etc. v. The availability of comparable activities within the service area should be considered. Service areas should not overlap with the service area of another comparable activity. 2. Preventing or Eliminating Slum and Blight The elimination of slum and blighting conditions may be undertaken on an area or spot basis for affordable housing or an activity that directly benefits LMI persons/households. Activities on an area basis must have an area officially designated by the grantee. Activities to be assisted with CDBG funds must be limited to those that address the conditions which contribute to the deterioration of the area. Local governments are encouraged to certify areas under North Carolina Redevelopment Law (G.S. 160A.500). Slum or blight removal activities are only eligible if there is a redevelopment plan R E Q U E S T F O R P R O P O S A L S # 2 2 - 1 0 0 8 for new affordable housing development to be completed within two years of the slum or blight activity completion. Slum or blight activities with a plan for redevelopment must benefit 100% LMI households. Activities on a spot basis (those outside an officially designated slum and blight area) are limited to acquisition, clearance, relocation, historic preservation, and rehabilitation of buildings to the extent that it is causing detriment to public health and safety. Please note that slum or blight activities proposed for the Community Investment Partnership Program are eligible if they follow HUD’s CDBG guidelines for Slum and Blight activities. County staff can provide further guidance on how to qualify a project under this National Objective. See examples in Appendix B. 3. Meeting other community development needs that are deemed to be urgent because of existing conditions poses a serious and immediate threat to the health and welfare of the community, and other financial resources are not available to meet the need. The activities are designated to alleviate existing conditions that are a serious and immediate threat to the health or welfare of the community, they are of recent origin or recently became urgent, the subgrantee is unable to finance the activity on its own, and other sources of funds are not available. This national objective will generally be used for situations such as disaster relief. For more examples see Appendix B. Projects may include multiple activities, but proposed project activities that do not meet a CDBG national objective cannot be considered. Wake County 2020-2025 Consolidated Plan Goals & CDBG Targeted Activities To meet HUD’s National Objectives and community needs in Wake County, the County’s 2020-2025 Consolidated Plan identifies the goals, objectives, and activities specific to meeting the expressed needs throughout the County. Wake County Consolidated Plan Goals include: • Increase and preserve affordable housing • Reduce barriers to housing affordability • Support for vulnerable populations and communities The project proposals must include at least one CDBG eligible activity. Examples of eligible CDBG activities identified in Wake County’s Consolidated Plan for the CIPP include: • Existing Structure Preservation: Rehabilitation and Reconstruction • Existing Site Preparation: Acquisition, Clearance, and Demolition https://s3.us-west-1.amazonaws.com/wakegov.com.if-us-west-1/s3fs-public/documents/2020-10/2020-2025%20Consolidated%20Plan.pdf R E Q U E S T F O R P R O P O S A L S # 2 2 - 1 0 0 9 • Public Amenities and Infrastructure: Public Facilities Program goals and objectives from HUD and Wake County are applicable to both Municipalities & Service Providers. 1.4 General Proposal Requirements When responding to this RFP, please follow all instructions carefully. Please submit proposal contents according to the outline specified and submit documents according to the instructions. Failure to follow these instructions will be considered a non-responsive proposal and may result in immediate elimination from further consideration. By submitting a proposal, Proposers acknowledge that: 1. The County reserves the right to reject any or all proposals if it determines that select proposals are not responsive to the RFP. The County reserves the right to reconsider any proposal submitted at any phase of the procurement. It also reserves the right to meet with select Proposers at any time to gather additional information. 2. Proposals will be received by Wake County Government at the time noted on the cover page of this document. At that point, Wake County will close the receipt of proposals and begin the evaluation process. The only information that will be released will be the names of the proposer(s). No other information will be disclosed, except as required by the evaluation process, until a contract is awarded. R E Q U E S T F O R P R O P O S A L S # 2 2 - 1 0 0 10 2.1 Eligible Activities There are options for a variety of activities for Towns and non-profit service providers to utilize under CDBG funding. All projects eligible for CDBG funding will be considered and encouraged to apply. Though, project proposals will be evaluated based on the highest and best use of the funding. Ranking will be based on the Hierarchy of Community Needs scale, with housing activities incentivized. All housing activities must benefit at least 51% low-moderate income households. Municipal Projects - Hierarchy of Community Needs Housing & Shelter Projects Wake County prioritizes housing activities for CIPP funding above all other project types. All housing activities must benefit at least 51% of low-moderate income households. There are no project boundaries for any of the activities in the housing category. Housing activities range from preservation, and renovation to acquisition and infrastructure development for a housing project. Forms of shelter to prevent or reduce homelessness are included in the housing category. A municipality may choose to do scattered site housing, housing in a concentrated area, or a combination. There is no limit to the number of houses or the number of activities for the project. Housing & Shelter Community Improvement: Community Safety Community Improvement: Infrastructure Community Improvement: Amenities General Program Requirements R E Q U E S T F O R P R O P O S A L S # 2 2 - 1 0 0 11 Eligible housing & shelter related activities: Eligible activities in this category will qualify under the CDBG’s Rehabilitation, Acquisition and Disposition, Clearance, Demolition, and Reconstruction project categories. • Rehabilitation of single-family or multi-family housing o Note: Only project-based proposals will be considered for funding versus program-based proposals. Proposals should not plan to count participation in or funding of existing rehab programs such as the County’s Elderly and Disabled Grant and Emergency Grant programs and existing municipal rehab programs as part of the proposed project, if applicable. Also, a partnership with non-profit organizations for rehabs would be acceptable. • Acquisition and Disposition • Clearance / Demolition Community Improvements: The primary purpose of Community Improvement projects is to strengthen and enhance an area through increased safety, infrastructure improvements, or the development of amenities in neighborhoods where a minimum of 51% of the residents can be verified as low- to moderate-income households. Eligible activities in this category will qualify under the CDBG’s Public Facility activity which allows for a broad range of project types such as firehouses, public schools, libraries, streets, sidewalks, curbs and gutters, parks, playgrounds, water and sewer lines, flood and drainage improvements, parking lots, utility lines, and aesthetic amenities on public property such as trees, sculptures, pools of water and fountains, and other works of art. Community Improvement project proposals will receive lower evaluation scores than Housing projects, however, community improvement projects can increase their competitiveness if they are proposed in conjunction with a housing project proposal or support the preservation or creation of affordable housing units. Eligible Community Improvement activities: o Acquisition (including long-term leases for periods of 15 years or more) o Construction o Reconstruction o Rehabilitation (including removal of architectural barriers to accessibility) o Installation Community Safety This activity is for enhancing community safety in neighborhoods verified as low- to moderate-income through public improvement projects. Proposals should tell a clear story describing the conditions posing risks to community safety. Qualitative data such as public outreach responses and quantitative data should be included in the description of needs. Community Safety Project Requirements o Recent public feedback (within two years) originating from residents of the surrounding LMI area demonstrating the need for the community R E Q U E S T F O R P R O P O S A L S # 2 2 - 1 0 0 12 safety o Installation of community safety must be located within a LMI area and demonstrate specific benefits to LMI residents of that area. o Relevant qualitative data and quantitative data such as, crime index data, traffic flow, etc. Infrastructure The primary purpose of this activity is to provide access to high-quality infrastructure to low- and moderate-income neighborhoods. Proposals should tell a clear story describing the infrastructure conditions in the impacted neighborhood. Infrastructure Project Requirements o Qualitative data such as public outreach responses and quantitative data such as the number of households impacted must be included in the description of needs. o The amount of potential ROW easement acquisitions must be included in a proposal description for infrastructure development. Proposals with minimal to no potential acquisitions will score higher in the evaluation. Amenities Public amenity projects help strengthen community networks and provide assets for residents to connect with each other. Proposals should clearly tell the story of how the amenity project will enhance community quality of life within the impacted neighborhood. Amenity Project Requirements o Recent public feedback (within two years) originating from residents of the surrounding LMI area demonstrating the need for the amenity o Installation of amenities must be located within a LMI area and demonstrate specific benefits to LMI residents of that area. o Qualitative data and quantitative data in the description of needs. o Amenity project proposals are less prioritized unless substantial justification through data and public outreach is included in the proposal. Award is also subject to the highest and best use of available funding R E Q U E S T F O R P R O P O S A L S # 2 2 - 1 0 0 13 Service Provider Projects - Hierarchy of Community Needs Housing & Shelter Housing activities are highly encouraged to meet housing needs throughout the County. All housing activities must benefit at least 51% of low-moderate income households. There are no project boundaries for any of the activities in the housing category. A service provider may choose to do scattered site housing, housing in a concentrated area, or a combination. There is no limit to the number of houses or the number of activities for the project. Eligible housing-related activities: • Rehabilitation of single-family or multi-family housing o Note: Only project-based proposals will be considered for funding versus program-based proposals. Proposals should not plan to count participation in or funding of existing rehab programs such as the County’s Elderly and Disabled Grant and Emergency Grant programs and existing municipal rehab programs as part of the proposed project, if applicable. Also, partnership with non-profit organizations for rehabs would be acceptable. • Acquisition and Disposition • Clearance / Demolition Public Service Facilities The purpose of this category is to support, improve, or increase Service Providers’ capacity to serve an LMI limited clientele through a physical facility. Eligible activities: • Acquisition (including long term leases for periods of 15 years or more) • Construction Housing & Shelter Public Service Facilities: Property Improvements Public Service Facilities: Amenities R E Q U E S T F O R P R O P O S A L S # 2 2 - 1 0 0 14 • Reconstruction • Rehabilitation (including removal of architectural barriers to accessibility) • Installations Property Improvements This activity is focused on building and enhancing a property for the service operations of an organization providing services to a community. This includes construction of a new facility in which services will be provided and improvements or repairs to existing facilities. Amenities This activity is for the installation of amenities that would improve service to clientele. Amenities are the lowest priority for CIPP funding and amenity proposals will be scored accordingly. Amenity Project Requirements • An amenity must demonstrate the ability to enhance the operation of the services for the provider • Proposals must clearly demonstrate how the proposed amenity enhances the operation of the organization’s services and benefits the needs of LMI clientele. For examples on Eligible Activities – (see full description in Appendix B) 2.2 Program Qualifications (applicable to both Municipalities & Service Providers) To participate in the program, municipalities and service providers should submit project proposals that meet County and Federal requirements. CIPP is funded by the U.S. Dept. of Housing and Urban Development’s (HUD) Community Development Block Grant (CDBG) program funds and therefore must follow federal guidelines. Below are CIPP requirements for municipalities and service providers: Community Engagement A central goal of this program is to respond to local needs identified by residents and the community. Program participants should demonstrate a project is responding to community needs identified within the previous two years prior to submission. Municipalities Engagement conducted as a result of a municipal housing plan or study process and within 4 years of a proposal, submission will count as engagement as well. Municipal proposers must provide citizens, especially residents within proposed project areas or ones whose homes will be impacted, an adequate opportunity to participate in the planning and development of CDBG applications. Actions to receive public input must be documented in the application. Both virtual and in-person engagement will be accepted. R E Q U E S T F O R P R O P O S A L S # 2 2 - 1 0 0 15 If appropriate and feasible, program participants are encouraged to collect contact information from residents within the project area or targeted population to facilitate the income qualification process during the project development phase. Examples of actions proposers may take to ensure adequate citizen participation in the application stage includes: • Community Survey or Neighborhood Planning Meeting • Focus groups with community organizations and leaders • Informational meetings for residents within the project area or targeted population Non-profit Service Providers Non-profit proposers should provide qualitative and quantitative evidence that their proposal will meet the needs of their existing or intended client base. Examples include: • Demonstrate adequate record keeping on number of clients served, data collection on demographics and services provided • Studies indicating needs aligned with the proposal • Surveys of the organization’s client base Project Schedule CIPP projects should endeavor to minimize the project length. Additionally, CDBG funds may be used for a variety of acquisition and construction activities that occur throughout the project. Projects with shorter project durations and/or that will spend CIPP funds early in the project will be prioritized. Wake County reserves the right to reallocate funding for projects that fail to make meaningful progress. Environmental Review All eligible activities receiving CDBG funds require some level of environmental review to be completed prior to committing and spending CDBG funds (Refer to 24 CFR 58.38). HUD's regulations at 24 CFR 58.22 prohibit grant recipients and their sub-recipients from committing or spending HUD or non-HUD project funds on any activity that could have an adverse environmental impact or limit the choice of reasonable alternatives prior to completion of an environmental review. The following is a list of choice limiting factors that can jeopardize eligibility for funding: • Property acquisition • Leasing • Demolition • Rehabilitation • Disposition • New Construction • Site improvements (including site clearance) https://www.ecfr.gov/current/title-24/subtitle-A/part-58/subpart-D/section-58.38 https://www.ecfr.gov/current/title-24/subtitle-A/part-58/subpart-C/section-58.22 R E Q U E S T F O R P R O P O S A L S # 2 2 - 1 0 0 16 Any ground-disturbing activities beyond minimal soil borings or minimal archaeological tests for site assessment purposes are considered choice limiting actions and will be grounds for project disqualification. Actions that are permitted prior to the completion of an environmental review include: • Development of plans or designs • Conducting Phase I and II Environmental Site Assessments • Delineating wetlands • Performance of work necessary to support an application for permits • Planning activities including rezoning, platting, or replatting. Municipal Matching Requirements A match is required for municipal projects, and they may be in the form of: • Pre-development costs such as Design and Entitlement costs • Land or Infrastructure contribution • Reduction or waiver of fees • Direct financial contribution Contributions must be tangible and documentable for recording purposes. For questions regarding specific contribution ideas not listed, please contact Wake County Housing Staff – contact information in Section VII. Roles and Responsibilities A Municipal Agreement or Sub-recipient Agreement will be required between the municipality or service provider and Wake County. Roles and Responsibilities will vary depending on the type of project. 1. In a Municipal Agreement, the County leads and is responsible for project management. 2. In a Sub-recipient agreement, the municipality or service provider leads and is responsible for project management. Further responsibilities described in the agreement may include, but are not limited to the items below: • Project management responsibilities depending on contract type • Participation in and/or facilitating monthly progress reports • Financial responsibility for costs exceeding the granted amount • County staff will lead CDBG compliance tasks, but to all CDBG requirements including: o Income Qualification o Environmental Review; R E Q U E S T F O R P R O P O S A L S # 2 2 - 1 0 0 17 o Davis Bacon compliance; and o Section 3 reporting Jurisdictional Limits for Municipal Projects The jurisdiction may be the corporate limits of the municipality, its extraterritorial jurisdiction (ETJ) or areas outside of the extraterritorial jurisdiction, depending on project activities. Each proposer is required to certify that it possesses the legal authority to carry out the proposed activities. Projected Development Projects In the proposal, please include all known projected or ongoing developments occurring in the project area, including but not limited to market-rate or affordable housing developments, amenities, transportation improvements, infrastructure upgrades, etc. Compliance Requirements Each proposer is responsible for conformity with all Federal regulations governing the CDBG program. Wake County will provide guidance, oversight, and technical assistance to support proposers in maintaining Federal compliance. All applicable laws and requirements will be referenced in the Municipal or Sub-recipient Agreement required between the County and the CIPP program participant. It is important that proposers understand the commitment they will be undertaking with a CDBG grant. Technical Assistance Meetings To support the submission of qualified projects, Wake County requires proposers to meet with County Housing staff to discuss the project prior to submission. These meetings will provide guidance and are intended to support the success of proposals. For project that receives funding, monthly progress meetings with County Housing staff will be scheduled during the project duration to ensure timeliness, compliance, and provide County assistance. *Technical Assistance is encouraged and can be provided on projects intended for future funding grant cycles. Program Amendments, Budget Amendments, and Budget Revisions All projects will be incorporated as part of our Annual Action Plan for approval by the Wake County Board of Commissioners. Therefore, any proposed amendment to approved project activities or project budget must be discussed with Wake County Housing as soon as possible to evaluate the eligibility of the amendment. R E Q U E S T F O R P R O P O S A L S # 2 2 - 1 0 0 18 Potential Complicating Factors Complicating factors from market conditions, supply chains, community input, etc. can lead to delays in projects. In the proposal, please identify any potentially complicating factors, including but not limited to: • Easements required • Railroad crossings • Controversial development type • Recent re-zonings • Public hearings/projects planned for the vicinity • Community input and Neighborhood concerns • Known environmental factors • Market conditions / Supply chains complications Proposals with fewer complicating factors or that include plans to mitigate complicating factors will be evaluated more favorably. 2.3 Additional Guidelines for Service Providers One of the goals of the Community Investment Partnership Program is to improve and increase non-profit service providers’ capacity to better meet the needs of LMI households through supporting organizational needs for facilities. Non-profit Service Providers are eligible for CDBG funding public facilities activities under the grant’s Limited Clientele national objective, meaning 51% of the beneficiaries of the service provided must be low- and moderate-income persons. Additional Requirements For Service Providers: • Demonstrate status of public or private nonprofit agency, authority, or organization under the Internal Revenue Code (Section 501(c)(3)) • Have ownership or site control of facility for rehabilitation, preservation, reconstruction, or demolition • Must demonstrate clientele family size and income population within HUD LMI limits • Must be partnered with a developer or contractor to complete project construction process • The service provider activity must exclusively serve a group of persons in any one or a combination of categories generally presumed to be principally low and moderate income. R E Q U E S T F O R P R O P O S A L S # 2 2 - 1 0 0 19 o Examples include: ▪ abused children ▪ battered spouses ▪ elderly persons ▪ severely disabled ▪ homeless persons ▪ illiterate adults ▪ persons living with AIDS ▪ migrant farm workers • The activities must be of such nature and in such location that it may be reasonably concluded that the activity's clientele will primarily be LMI persons • Demonstrate adequate organizational capacity and strong financial standing • Be able to comply with the bi-annual monitoring process Proposals will be evaluated based on projects that meet requirements and have the most potential for successful implementation, improvement, and monitoring capability. R E Q U E S T F O R P R O P O S A L S # 2 2 - 1 0 0 20 3.1 Selection Participants The County has established a team of staff to evaluate proposal responses. This team of employees will be responsible for the evaluation and rating of the proposals and conducting any follow up interviews/discussions to determine the best use of funding. Projects will be evaluated competitively with other submitted proposals. All projects are welcomed within the parameters of CDBG requirements and the program Hierarchy of Community Needs. 3.2 Evaluation of Proposals 1. Project Eligibility Eligibility will consider how community needs are addressed, whether a CDBG National Objective is met, and how the projects meet the overall program intent to support stable housing and other community needs. Evaluation parameters consider: • Is the proposed activity eligible under the CDBG program? (24 CFR 570.201) • Does the project address one of the needs in the Hierarchy of Community Needs? • Does the proposed activity meet one of the three CDBG National Objectives? 1. Principally benefit low and moderate-income persons. o Activity is taking place in an eligible area (for area benefit), benefits LMI individuals, or LMI limited clientele? 2. Prevents or eliminates slum and blight; or 3. Addresses an urgent need or problem in the community. • Has the proposer provided an adequate and accurate explanation of the benefit to low and moderate-income persons? 2. Project Feasibility Feasibility will assess the project’s financial considerations, the probability of moving forward within the time frame for completion, and how it addresses the program requirements. Evaluation parameters activities consider: • What is the project implementation timeframe? Is the proposed timeline realistic, efficient, and able to meet time requirements? (Shorter timeframes will likely score higher) • Has the program participant identified all the major tasks or components that will be required in carrying out the activity? Are there any potential issues or concerns? (See Potentially Complicating Factors section above.) • Has the program participant provided a reasonable estimate of the resources necessary for each component of the project and a realistic budget that reflects these resources? Evaluation Criteria https://www.ecfr.gov/current/title-24/subtitle-B/chapter-V/subchapter-C/part-570/subpart-C/section-570.201 R E Q U E S T F O R P R O P O S A L S # 2 2 - 1 0 0 21 3. Project Desirability Assesses the project need, market demand, and benefit to priorities outlined in the Wake County Consolidated Plan and this program document. Concerted efforts to leverage funds other than CDBG will likely score higher since maximizing investment opportunities in LMI neighborhoods is a goal of this program. Evaluation parameters consider: • Where does the project fit on the Hierarchy of Community Needs? • Does the activity address an established need based on community feedback? • Does the project seek to address multiple community needs through this project? • Are other sources of funds or leveraging committed to this project? • Does activity promote fiscal stewardship through project design, budget, and leverage? • Does the project demonstrate need, market demand, and benefit to priorities outlined in the Wake County Consolidated Plan? R E Q U E S T F O R P R O P O S A L S # 2 2 - 1 0 0 22 4.1 Proposal Contact: Proposal submissions should be directed to Procurement Services, specifically as outlined below in section 4.2. Subsequent to proposal submission, proposers shall direct any questions in advance to: Chris Whitenhill, Affordable Housing Planner chris.whitenhill@wakegov.com 919-856-5265 To support the submission of qualified projects, Wake County requires proposers to meet with program staff to discuss the project prior to submission. These meetings will provide guidance and are intended to support the success of proposals. To schedule a pre- submission meeting (required prior to December 6, 2022), contact Chris Whitenhill. Proposer shall make no contact, either written or verbal, with any other Wake County employee, staff member, or Board of Commissioner members, other than the point of contact listed above during the period beginning with the issuance of this document through submission of proposal unless authorized by the proposal contact. 4.2 Proposal Submittal Requirements Proposers are required to prepare their proposals in accordance with the instructions outlined in this part and elsewhere in this RFP. Proposers must submit one (1) digital copy of a Letter of Interest on a flash-drive mailed or dropped off to: Melissa England Wake County Justice Center 301 S. McDowell Street, 2nd Floor – Ste 2900, Raleigh, NC 27601. The County must receive proposals no later than 3:00 PM on December 6th, 2022. The Proposer’s name, and proposal closing time and date must be marked clearly on the proposal submission. The time of receipt shall be determined by the time clock in the Wake County Procurement Services office. Late responses, regardless of delivery means, will not be accepted. 4.3 Proposer Expenses The County will not be responsible for any expenses incurred by any Proposer in the development of a response to this Request for Proposal or any other activities associated with this procurement including but not limited to any onsite (or otherwise) interviews and/or presentations, and/or supplemental information provided, submitted, or given to Wake County and/or its representatives. Further, the County shall reserve the right to cancel the work described herein prior to issuance and acceptance of any contractual agreement/purchase order by the recommended Proposer even if the Board of Detailed Submittal Requirements mailto:chris.whitenhill@wakegov.com R E Q U E S T F O R P R O P O S A L S # 2 2 - 1 0 0 23 Commissioners has formally accepted a recommendation. 4.4 Interpretations, Discrepancies, and Omissions Should any Proposer find discrepancies, omissions or ambiguities in this RFP, the Proposer must at once request in writing an interpretation from proposal contact listed in Section 2.1. 4.5 Commitment of Funding Wake County reserves the right to accept a proposal, based on initial proposals received from Proposers, without discussion and without conducting further negotiations. The County may also, at its sole discretion, have discussions with those Proposers that it deems to fall within a competitive range. The County may enter into negotiations separately with such Proposers. Negotiations with a Proposer may continue with a Proposer that the County has tentatively selected to commit funding. The County shall not be deemed to have finally selected a Proposer until a contract has been successfully negotiated and signed by both parties. 4.6 Proposal Format Proposers shall prepare their Letter of Interest in accordance with the instructions outlined in this section. Proposals should be prepared as simply as possible and provide a straightforward, concise description of the Proposer’s capabilities to satisfy the requirements of the RFP. Utmost attention should be given to accuracy, completeness, and clarity of content. All parts, pages, figures, and tables should be numbered and clearly labeled. The proposal should be organized into the following major sections with tabs for each section (section descriptions are found in sections 4.7 – 4.14): □ Executive Summary and Proposer Information □ Organizational Chart □ Project Partners’ roles, responsibilities, and capacity □ Experience with Federal Funding requirements □ Experience with construction project management □ Project Objective □ Project eligibility under CDBG National Objective □ Define target area or population served (including AMI, Census Tracts, LMI population, etc.) □ Include projected new developments in the area (housing, amenities, transportation, infrastructure) □ Community needs & existing conditions (include pictures, if possible) □ Addressing market needs, if applicable □ Project Scope □ Project Scope (see examples in Appendix B) □ Describe capacity to complete the project R E Q U E S T F O R P R O P O S A L S # 2 2 - 1 0 0 24 □ Describe all potentially complicating factors and mitigation plan □ Community Engagement process □ Method of identifying community need □ Narrative describing the engagement process □ Community Feedback Summary □ Budget (for all project components) □ Funding Resources Leveraged □ Clearly defined sources of funding (matching contributions) □ Include itemized estimates of engineering & design costs, survey costs, contingency, etc. □ Project schedule □ Indicate percent of design completed □ Estimated time to Construction Start (within 3-4 months) □ Maps for reference □ Indicate all ROW easements needed, if applicable □ Additional Studies, Analysis, Data Reports, Surveys (if applicable) Instructions relative to each part of the response to this RFP are defined in the remainder of this section. Response information should be limited to pertinent information only. Marketing and sales type information is not to be included. 4.7 Executive Summary and Proposer Information (Proposal Section 1.0) This section of the response should be limited to a brief narrative summarizing the Proposer’s proposal. The executive summary shall, at a minimum, include an identification of the proposed project team, responsibilities of the project team, and a summary of the proposed services. This section should highlight aspects of the proposal that make it superior or unique in addressing the needs of the County. Please note that the executive summary should identify the primary engagement contact. Contact information should include a valid e-mail address, fax number, and a telephone number. 4.8 Project Objective This section should describe how the project addresses federal goals, meets needs of the targeted population and provide a description of the project’s context. It should help tell the story of the project and provide a clear picture for the project purpose. 4.9 Project Scope This section of the response should include a general discussion of the Proposer’s overall understanding of the program, capacity to reach completion of the work, and the scope of work proposed. Proposers are encouraged to provide examples of services provided to their clients and the impact of those services. R E Q U E S T F O R P R O P O S A L S # 2 2 - 1 0 0 25 4.10 Community Engagement Process The Community Engagement Process section should describe in a narrative, the process of engagement and the method of identifying community need for the project. A summary of community feedback received from residents and local stakeholders should also be included in this section. 4.11 Budget Proposals should provide information on funding resources leveraged, clearly defined sources of funding including any matching funds, and itemized estimates of engineering/design costs, survey costs, construction costs, and contingencies. The County reserves the right to contact Proposers on cost and scope clarification at any time throughout the selection process and negotiation process. Proposers should estimate costs for all categories with the understanding that they may have to make assumptions. Such assumptions should be stated. 4.12 Project Schedule A schedule should be provided illustrating project milestones including project kickoff, design/engineering % completion, property management and acquisition, construction start and completion, and project closeout. Schedules should provide additional time in anticipation of project delays. 4.13 Maps for Reference Maps and/or plans of the project should be included for geographic orientation and demonstration of project location. Analytical graphics can also be included to further illustrate the project needs and impact. 4.14 Additional Studies, Analysis, Data Reports, Surveys Additional documentation highlighting the project information and analysis are encouraged. These may come in many forms including studies, analytical reports, data reports, surveys, etc. 4.15 Tentative Schedule Date Event 11/1/22 RFP Issued 11/1/22 - 12/2/22 Technical Assistance & Questions 12/6/22 3:00PM Proposals due December 2022 Evaluation of Proposals January 2023 Commitment of Funding Announcement February-April 2023 Environment Review & Income Qualification May-June 2023 Contract Agreement Drafted & Signed July 1, 2023 Funds Available R E Q U E S T F O R P R O P O S A L S # 2 2 - 1 0 0 26 5.1 Program Process Pre-Agreement Announcement Application Period Town and Wake County Pre-Submission Meeting Application Deadline Project Evaluation Period Technical Assistance Determination of Funding Eligibility Resident Income Determination Environmental Review Determine Agreement Type: Sub-Recipient or Municipal Drafting and Signing of Agreement Solicitation for Contractors Pre-Bid Meeting with Contractors Project Bidding Contractor Selection Pre-Construction Meeting Project Start Monthly Site Visits: Davis-Bacon Wage Monitoring Monthly Invoice and Payroll Submission Monthly Progress Meetings Final Site Visit Project Closeout Process Steps R E Q U E S T F O R P R O P O S A L S # 2 2 - 1 0 0 27 6.1 Certification The Proposer hereby certifies that it has carefully examined this Request for Proposal and the Proposer certifies that it understands the scope of the work to be done and that the Proposer has knowledge and expertise to provide the scope of the work. By signature on the response to the RFP, the Proposer certifies that its proposal is made without prior understanding, agreement, or connection with any public agency, service provider, corporation, firm or person submitting a proposal for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud, so that all proposals for the purchase will result from free, open and competitive proposing among all vendors. Further, the Proposer certifies that it understands that collusive bidding/proposing is a violation of Federal law and can result in fines, prison sentences, and civil damage awards. 6.2 Conflict of Interest By submission of a response, the Proposer agrees that at the time of submittal, it: (1) has no interest (including financial benefit, commission, finder’s fee, or any other remuneration) and shall not acquire any interest, either direct or indirect, that would conflict in any manner or degree with the performance of Proposer’s services, or (2) will not benefit from an award resulting in a “Conflict of Interest.” A “Conflict of Interest” shall include holding or retaining membership, or employment, on a board, elected office, department, division or bureau, or committee sanctioned by and/or governed by Wake County. Proposers shall identify any interests, and the individuals involved, on separate paper with the response and shall understand that the County, in consultation with legal counsel, may reject their proposal. 6.3 Assignment No assignment of the Proposer’s obligations or the Proposer's right to receive payment hereunder shall be permitted without prior consent of the County. The Proposer may not sell, assign, transfer or convey the contract resulting from this RFP, in whole or in part, without the prior written approval from the County. 6.4 Independent Contractor It is understood that in the performance of any services herein provided, the Proposer shall be, and is, an independent contractor, and is not an agent or employee of the County and shall furnish such services in its own manner and method, except as required by this contract. Further, the Proposer has, and shall retain the right to exercise full control over the employment, direction, compensation, and discharge of all persons employed by the Proposer in the performance of the services hereunder. The Proposer shall be solely responsible for, and shall indemnify, defend, and save the County harmless, from all matters relating to the payment of its employees and any Wake County General Terms and Conditions R E Q U E S T F O R P R O P O S A L S # 2 2 - 1 0 0 28 sub-consultant and sub-contractors, including compliance with Social Security, withholding, and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 6.5 Payment In sub-recipient agreements, payment for the services rendered pursuant to the Agreement resulting from this RFP shall be made in amounts and at times set forth in the Agreement and shall be made upon receipt of original invoice(s) in accordance and in conformity with payment dates for bills and claims as established by the County. Prior to payment, the Sub-Recipient must submit an original dated itemized invoice of services rendered. (Photographs or facsimiles of invoices will not be accepted.) Any reimbursement for expenses as allowed in the Agreement that are included in the invoice(s) must be supported with attached original billings for such expenses. 6.6 Insurance Proposers shall obtain, at their sole expense, all insurance required in the following paragraphs and shall not commence work until such insurance is in effect and certification thereof has been received by Wake County's Finance Department. WWorkers' Compensation Insurance, with limits for Coverage A: Statutory for State of North Carolina, and Coverage B - Employers Liability: $500,000 each accident/disease each employee/disease policy limit. CCommercial General Liability, with limits not less than $1,000,000 per occurrence and $2,000,000 aggregate. CCommercial Automobile Liability, with limits not less than $1,000,000 per accident for bodily injury and property damage applicable to any vehicle used during performance of services, including coverage for owned, hired, and non-owned vehicles. Evidence of commercial automobile coverage is only required if vehicles are used in the provision of services under this Agreement. PProfessional Liability (Errors and Omissions), with limits not less than $1,000,000 per claim and $2,000,000 aggregate. All insurance companies must be authorized to do business in North Carolina and have an AM Best rating of “A-/VII” or better; or have reasonable equivalent financial strength to the satisfaction of Wake County's Finance Department. If any required insurance policy expires during the term of this Agreement, Proposer must provide a certificate of insurance to the Wake County Finance Department as evidence of policy renewal prior to such policy expiration. Proposer shall be responsible for providing the Wake County Finance Department with 30-day notice of insurance policy cancellation or non-renewal during the term of this Agreement and for three years subsequent for any claims made coverage. Response to this RFP indicates the ability to procure the coverages specified above. If Provider does not meet the insurance requirements specified above, alternate insurance R E Q U E S T F O R P R O P O S A L S # 2 2 - 1 0 0 29 coverage satisfactory to Wake County may be considered. Any request for consideration of alternate coverage must be presented within Proposer’s response to this RFP. 6.7 Governing Law This RFP and any contract resulting therefrom shall be governed by and construed according to the laws of the State of North Carolina. Should any portion of any contract be in conflict with the laws of the State of North Carolina, the State laws shall invalidate only that portion. The remaining portion of the contract(s) shall remain in effect. 6.8 Confidential Information/Public Records Law INFORMATION SUBMITTED IN RESPONSE TO REQUESTS FOR BIDS, PROPOSALS, AND OTHER PROCUREMENT METHODS SUBJECT TO PUBLIC RECORDS LAW Wake County is subject to North Carolina’s Public Records Act located in Chapter 132 of the North Carolina General Statutes. As a result, information submitted to and received by Wake County in response to a Request for Proposal/Request For Bid/Request For Quote/Request for Qualifications, or any other procurement method (collectively “Procurement Process”), is considered public record and may be released for public inspection after the contract award, or as otherwise permitted under NCGS § 143, without further notice to the proposer. The County does not intend to elicit confidential or trade secret information in response to a Procurement Process and assumes no responsibility for the submission of such information. Wake County reserves the right to share any information submitted in response to a Procurement Process with any person(s) or firm(s) involved in the review and evaluation phase of the Procurement Process. 6.9 Confidential or trade secret information If a proposer nonetheless submits information in a bid proposal or other response to a Procurement Process and it considers such information to be confidential, then all four requirements of N CGS 132- 1 .2 “Confidential Information” must be met for the County to consider withholding the information from public inspection in response to a public records request. Among other legal requirements, information deemed to be “confidential” or “trade secret” by proposer must be clearly marked as such on the face of the document(s) at the time of the initial disclosure/submittal of RFP. In addition, although not required by law, Wake County requests that any proposer who submits a proposal or response containing any such designation of confidentiality also submit a second copy of the proposal or response with the respective page(s) or section(s) redacted. The County will not agree to withhold an entire proposal or response from public inspection, thus proposers should refrain from including blanket restrictions on disclosure or all-encompassing claims of confidentiality. When a public records request is made for information contained in or attached to a proposal or response that has been clearly marked as “trade secret” or “confidential” upon its submission, Wake County may, in its discretion and without further notice, release the redacted copy of the proposal or response to the requester if one has been R E Q U E S T F O R P R O P O S A L S # 2 2 - 1 0 0 30 previously submitted. Otherwise, the proposer will be notified of the request and given an opportunity to provide within a reasonable period a written explanation of the basis for claiming protection under N.C.G.S. 66-152 and N.C.G.S. 132-1 and/or a redacted proposal or response. The County shall make the final determination on release of the information. Should any civil action be brought against the County in an effort to compel or prevent the disclosure of information contained in a proposal or response that is deemed confidential by a proposer, the proposer may participate at its own expense; and by deeming any information in a proposal or response confidential, proposer further agrees to indemnify and hold harmless the County for and against any costs incurred by the County as a result of such litigation, including but not limited to fees or expenses arising out of N.C.G.S. 66-153 and N.C.G.S. 132-9. 6.10 Compliance with Laws and Regulations Proposer must comply with all applicable State and Federal Laws. In the event any Governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the successful Proposer to notify Wake County at once, indicating in their letter the specific regulation which required such alterations. The County reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract. 6.11 Acceptance Submission of any proposal indicates a Proposer’s acceptance of the conditions contained in this RFP unless clearly and specifically noted otherwise in the proposal. Furthermore, the County is not bound to accept a proposal on the basis of lowest price, and further, the County has the sole discretion and reserves the right to cancel this RFP, and to reject any and all proposals, to waive any and all informalities and/or irregularities, or to re-advertise with either the identical or revised specifications, if it is deemed to be in the County's best interests to do so. The County reserves the right to accept or reject any or all of the items in the proposal, and to award the contract in whole or in part and/or negotiate any or all items with individual Proposers if it is deemed in the County’s best interest. Moreover, the County reserves the right to make no selection if proposals are deemed to be outside the fiscal constraint or not in the best interest of the County. 6.12 Nondiscrimination The Proposer agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are still applicable. The Proposer will not discriminate against any employee because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, sexual orientation, gender identity, gender expression, or status with regard to public assistance. The Proposer will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and R E Q U E S T F O R P R O P O S A L S # 2 2 - 1 0 0 31 selection for training, including apprenticeship. The Proposer agrees to post in conspicuous places, available to employees and proposers for employment, notices to be provided by the contracting agency setting forth the provisions of this nondiscrimination clause. 6.13 Additional Services The County reserves the right to negotiate additional services with the Proposer at any time after initial contract award. 6.14 E-Verify To ensure compliance with the E-Verify requirements of the General Statutes of North Carolina, all contractors, including any subcontractors employed by the contractor(s), by submitting a bid, proposal or any other response, or by providing any material, equipment, supplies, services, etc, attest and affirm that they are aware and in full compliance with Article 2 of Chapter 64, (NCGS64-26(a)) relating to the E- Verify requirements. 6.15 Iran Divestment Act By signing an agreement resulting from this RFP; accepting a contract/purchase order resulting from this RFP; or submitting any bid, proposal, etc. as a result of this RFP, vendors and contractors certify that as of the date of execution, receipt, or submission they are not listed on the Final Divestment List created by the NC Office of State Treasurer pursuant to NCGS 147 Article 6E, Iran Divestment Act Iran Divestment Act Certification. Municipalities, service providers, vendors and contractors shall not utilize any subcontractor that is identified on the Final Divestment List. In addition, any organization defined under NCGS 147-86.80(2), Divestment from Companies Boycotting Israel, shall not engage in business totaling more than $1,000 with any company/business, etc. that boycotts Israel. A list of companies that boycott Israel is maintained by the NC Office of State Treasurer, pursuant to NCGS 147-86.81(a)(1). Any company listed as boycotting Israel is not eligible to do business with any State agency or political subdivision of the State. 6.16 Federal Regulations and Uniform Guidance The source of funds for a contract resulting from this RFP will be federal funds, the following federal provisions apply pursuant to 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II (as applicable): Equal Employment Opportunity (41 C.F.R. Part 60); Davis-Bacon Act (40 U.S.C. 3141- 3148); Copeland “Anti-Kickback” Act (40 U.S.C. 3145); Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708); Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387); Debarment and Suspension (Executive Orders 12549 and 12689); Byrd Anti-Lobbying Amendment (31 U.S.C. 1352); Procurement of Recovered Materials (2 C.F.R. § 200.322); and Record Retention Requirements (2 CFR § 200.324). https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR45ddd4419ad436d/section-200.326 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/appendix-Appendix%20II%20to%20Part%20200 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/appendix-Appendix%20II%20to%20Part%20200 https://www.ecfr.gov/current/title-41/subtitle-B/chapter-60 https://www.dol.gov/agencies/whd/laws-and-regulations/laws/dbra https://www.dol.gov/agencies/whd/laws-and-regulations/laws/dbra https://webapps.dol.gov/elaws/elg/kickback.htm https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title40-chapter37&edition=prelim https://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter85&edition=prelim https://uscode.house.gov/view.xhtml?path=/prelim@title33/chapter26&edition=prelim https://www.ecfr.gov/current/title-2/subtitle-A/chapter-I/part-180 https://www.federalregister.gov/documents/2003/05/27/03-11853/restrictions-on-lobbying https://www.federalregister.gov/documents/2003/05/27/03-11853/restrictions-on-lobbying https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR45ddd4419ad436d/section-200.323 https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-D/subject-group-ECFR45ddd4419ad436d/section-200.324 R E Q U E S T F O R P R O P O S A L S # 2 2 - 1 0 0 32 Other Federal Program Requirements The Contractor, Engineer or Sub-recipient must also follow the requirements list below in completing its activities. 1. Section 109 of the Act--24 CFR 570.602 2. Labor Standards--24 CFR 570.603 3. Environmental Review--24 CFR 570.604 4. Employment and Contracting opportunities--24 CFR 570.607 5. Uniform Administrative Requirements and Cost Principles--24 CFR 570.610 6. Conflict of Interest--24 CFR 570.611 7. Executive Order 12372--Intergovernmental Review of Federal Programs--24 CFR 570.612 8. Conditions for Religious Organizations 9. Where applicable, the conditions prescribed by HUD for the use of CDBG funds by religious organizations shall be followed according to 24 CFR 570.200(j) 10. Clause for Suspension and Termination 11. Reversion of Assets 12. Federal Provisions, and labor surplus area firms are used when possible 13. Relocation 14. Debarred and Suspended Parties https://www.ecfr.gov/current/title-24/subtitle-B/chapter-V/subchapter-C/part-570/subpart-K/section-570.602 https://www.ecfr.gov/current/title-24/subtitle-B/chapter-V/subchapter-C/part-570/subpart-K/section-570.603 https://www.ecfr.gov/current/title-24/subtitle-B/chapter-V/subchapter-C/part-570/subpart-K/section-570.604 https://www.ecfr.gov/current/title-24/subtitle-B/chapter-V/subchapter-C/part-570/subpart-K/section-570.607 https://www.ecfr.gov/current/title-24/subtitle-B/chapter-V/subchapter-C/part-570/subpart-K/section-570.610 https://www.ecfr.gov/current/title-24/subtitle-B/chapter-V/subchapter-C/part-570/subpart-K/section-570.611 https://www.ecfr.gov/current/title-24/subtitle-B/chapter-V/subchapter-C/part-570/subpart-K/section-570.612 https://www.ecfr.gov/current/title-24/subtitle-B/chapter-V/subchapter-C/part-570/subpart-K/section-570.612 R E Q U E S T F O R P R O P O S A L S # 2 2 - 1 0 0 33 7.1 Appendix - 2022 HUD Income Limits for Wake County *The 4-person family size is the typical standard used by HUD for assessing housing affordability. 7.2 Appendix – Project Examples & Activity Descriptions NATIONAL OBJECTIVE 1 – Benefiting low-and-moderate income (LMI) persons Municipal Projects Housing Activities Overview CDBG Eligible Activity Types of Eligible Assistance Examples Rehabilitation: Rehab of residential property, where privately or publicly owned, including manufactured homes, when considered part of the community’s housing stock. CDBG funds may be used to assist existing homeowners with the repair, rehabilitation, or reconstruction of owner- occupied units. Substantial Repairs: Repairing existing structures, typically to bring the property up to local codes and standards. Town-led community outreach process could identify vacant and/or blighted homes to be rehabilitated. This could include single-family rental homes. Renovation of closed building: The conversion of a closed building from one use to residential Town-led community outreach process could identify opportunities to convert existing commercial structures into multi-family rental housing. Water and sewer: Costs of connecting existing residential structures to water distribution Connecting residential property to main water and sewer line Effective Date: 4/18/2022 Family size 1 2 3 4* 5 6 7 8 Median 100% 77,050 88,100 99,100 110,100 118,900 127,700 136,500 145,350 Low 80% 59,950 68,500 77,050 85,600 92,450 99,300 106,150 113,000 70% 52,450 59,900 67,400 74,900 80,900 86,900 92,900 98,850 60% 44,950 51,350 57,800 64,200 69,350 74,450 79,600 84,750 Very Low 50% 37,450 42,800 48,150 53,500 57,800 62,100 66,350 70,650 40% 29,950 34,250 38,500 42,800 46,200 49,650 53,050 56,500 Extremely Low 30% 22,500 25,700 28,900 32,100 34,700 37,250 41,910 46,630 Appendices R E Q U E S T F O R P R O P O S A L S # 2 2 - 1 0 0 34 lines or local sewer collection lines. Conservation/Weatherization: Costs required to increase the efficient use of water and improvements to increase the efficient use of energy in structures. Costs to install water-saving faucets, shower heads, storm windows and doors, insulation, and modification or replacement of HVAC System. Barrier removal: Costs to remove material and architectural barriers that restrict the mobility and accessibility of elderly and severely disabled persons to buildings and improvements. Handicapped accessibility ramps and grab bars installations in homes of elderly and persons with disabilities. Disposition: CDBG funds may be used to pay costs incidental to disposing of real property acquired with CDBG funds, including disposition at less than fair market value, provided the property will be used to meet a national objective of the CDBG program. Sale, Lease, Donation For disposition costs to be eligible under one of these categories, the use of the property after disposition must meet a national objective of the CDBG program. Town identifies a vacant parcel to acquire and later be dispositioned or leased to a developer to construct affordable rental or ownership housing serving LMI households. Costs Legal Documents in preparation for Disposition Costs associated with Surveys, Marketing, Financial services, and Transfer taxes and other costs involved. Clearance / Demolition CDBG funds may be used for demolition of buildings and improvements. Clearance / Demolition should be integral to the construction of housing on the cleared property, and construction will be carried out by a CBDO. o Funds are used to demolish existing structures on Town-owned land or to otherwise clear and prepare land to make way for affordable housing development. o In partnership with a private (non- profit or for-profit) developer, Town could cover land clearance or demolition costs for a site to be developed into affordable housing. Acquisition of Real Property CDBG funds may be provided to private individuals and private for- profit entities to acquire real property Acquisition costs, providing assistance to private individuals and entities to acquire. o Town identifies an existing structure to acquire for conversion to affordable housing. o Town identifies existing rental housing that may be lost to the market or is in disrepair to be acquired for disposition to a non-profit or another affordable housing provider. Examples of Community Activities Overview CDBG Eligible Activity Types of Eligible Assistance Examples R E Q U E S T F O R P R O P O S A L S # 2 2 - 1 0 0 35 Community Safety Construction / Rehabilitation / Installation o Safe Routes to School projects connecting low- and moderate-income housing with schools o Visibility projects: lighting, security monitoring, overgrown vegetation, etc. o Removal of blight and other dangerous environments in a community Infrastructure includes improvements that are publicly owned, and open to the public. Construction / Installation o Provision of infrastructure such as sidewalks, transit stop infrastructure, curb and gutter, roads, or water and sewer lines to proposed affordable housing developments o Flood drainage improvements in a flood- prone area occupied by LMI households o Sidewalk connections to daily retail shopping in LMI areas with low mobility options o Water line installation for households with failing or contaminated well and septic systems Amenity Rehabilitation / Construction / Acquisition o Community or Senior center for a neighborhood o Playground and park installations o Greenway trail/bike path Service Provider Projects Housing Activities Overview CDBG Eligible Activity Types of Eligible Assistance Examples Rehabilitation: Rehab of residential property Substantial Repairs: Repairing existing structures, typically to bring the property up to local codes and standards. Identify vacant and/or blighted homes to be rehabilitated for LMI Households Renovation of closed building: The conversion of a closed building from one use to residential Conversion of existing commercial structures into multi-family rental housing. Barrier removal: Costs to remove material and architectural barriers that restrict the mobility and accessibility of elderly and severely disabled persons to buildings and improvements. Handicapped accessibility ramps and grab bars installations in homes of elderly and persons with disabilities. R E Q U E S T F O R P R O P O S A L S # 2 2 - 1 0 0 36 Acquisition and Disposition: CDBG funds may be used to pay costs incidental to disposing of real property acquired with CDBG funds, including disposition at less than fair market value, provided the property will be used to meet a national objective of the CDBG program. Sale, Lease, Donation For disposition costs to be eligible under one of these categories, the use of the property after disposition must meet a national objective of the CDBG program. Acquisition of a vacant/blighted property for a developer to construct affordable rental or ownership housing serving LMI households. Costs Legal Documents in preparation for Disposition Costs associated with Surveys, Marketing, Financial services, and Transfer taxes and other costs involved. Clearance / Demolition CDBG funds may be used for demolition of buildings and improvements. Clearance / Demolition should be integral to the construction of housing on the cleared property, and construction will be carried out by a CBDO. Funds are used to demolish existing structures on a property or to otherwise clear and prepare the land to make way for affordable housing development. Examples of Community Activities Overview CDBG Eligible Activity Types of Eligible Assistance Examples Property Improvement includes all facilities that are owned by a nonprofit and open to the public. Acquisition / Construction / Rehabilitation / Installation o Rehabilitation of a building to be used as a center for training severely disabled persons to enable them to live independently. o Acquisition of land on which a facility offering mental health services will be built o Acquisition of an existing building to be converted to a job training center o Installation of flood protection and drainage improvements for education resource center o Installing wheelchair-accessible ramps and other accessibility features at an office where services are provided. Amenity Rehabilitation / Construction / Acquisition o Installing a playground at a facility where childcare is provided o Installation of a healing garden for a mental health center NATIONAL OBJECTIVES 2 & 3 CDBG Eligible Activity Types of Eligible Assistance Examples 1. Preventing or Eliminating Slum and Blight The area is designated by the grantee as a slum or blighted area, activities will be implemented in a manner that addresses one Acquisition / Demolition/ Reconstruction / Rehabilitation / Installation o Acquire several deteriorated buildings located in a slum/blight area for rehabilitation or demolition. o Acquisition of a dilapidated property being used as a “drug house” for the purpose of eliminating that use, which is detrimental to public health and safety, through demolition and clearance. R E Q U E S T F O R P R O P O S A L S # 2 2 - 1 0 0 37 or more of the conditions which contributed to the deterioration of the area. Note: Spot Blight does not necessitate designation of the area for a project to be completed. o Conversion of an abandoned warehouse to residential housing in an area designated as a slum. 2. Meeting other community development needs that are deemed to be urgent because existing conditions pose a serious and immediate threat to the health and welfare of the community, and other financial resources are not available to meet the need. Acquisition / Construction / Rehabilitation / Installation o Acquisition of property located in a flood plain that was severely damaged by a recent flood. o Reconstruction of a publicly-owned hospital that was severely damaged by a tornado. o Clearance of a building that was destroyed by a major earthquake and poses a safety hazard to the community. o Rehabilitation of housing that has been badly damaged by an earthquake. o Non-congregate homeless shelter to stop the spread of COVID 7.3 Appendix - Terms and Definitions Acquisition: Acquisition in whole or in part by the recipient, or other public or private nonprofit entity, by purchase, long-term lease, donation, or otherwise, of real property (including air rights, water rights, rights-of-way, easements, and other interests therein) for any public purpose, subject to the limitations of 24 CFR § 570.207. Clearance and remediation activities. Clearance, demolition, and removal of buildings and improvements, including movement of structures to other sites and remediation of known or suspected environmental contamination related to rehabilitation activities. Clearance is an activity that can be used in conjunction with both reconstruction and relocation. Reconstruction: Reconstruction is defined as the rebuilding of a structure on the same lot in substantially the same manner. Reconstruction will be used when a house because of high cost (lead base paint cost, high building material cost, etc.) makes rehabilitation not feasible and replacing it on the same site. Rehabilitation: The purpose of rehabilitation is to take an existing unit and bring it up to the required standards set by HUD and Wake County Housing. To qualify as rehabilitation, parts of the existing house must be used in the process. Relocation: Relocation is defined as a person(s) being displaced from their present lot and relocated to a different lot. Relocation includes payments and other assistance for temporarily relocated individual families related to rehabilitation activities. Municipalities should adopt and submit to Wake County their Optional Coverage Relocation Plan that explains how the local government plans to handle the relocation activity. Substantial Rehabilitation: Substantial rehabilitation is defined as rehabilitation that is estimated and determined to exceed the following cost estimates based on the following two standards: Total CDBG rehabilitation costs for the unit (1) exceed $40,000 or (2) $38.00 per square R E Q U E S T F O R P R O P O S A L S # 2 2 - 1 0 0 38 foot of heated, occupiable space. When these guidelines are exceeded, Wake County Housing approval must be obtained before proceeding. Temporary Relocation: Temporary relocation can be given to person(s) who has/have voluntarily been displaced on a temporary basis while their unit is being treated on the same site. The activities associated with this occurrence are reconstruction or rehabilitation. A municipality must follow its adopted Optional Coverage Relocation Plan as to how the local government plans to carry out temporary relocation. Eligible Properties for Rehabilitation: Owner or renter occupied units that are designated as real property whether stick built, manufactured after 1978 or modular housing may be rehabilitated in the WC Neighborhood Program. However, manufactured homes rehabilitated with CDBG funds must have been converted into real property (according to G.S. 105-273 paragraph 13) that is owned and occupied by the homeowner prior to selection. Clearance and relocation are options, if the municipality determines and documents that rehabilitation of the property is not feasible.