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HomeMy WebLinkAbout2014-557-E AMS - The Resolute Building Company for Preliminary Development cost for Southern Branch (Brewer Lane) Library Project $1,200DocuSign Envelope ID: 24393F55- 9D5E- 4A68- 94A6- 8C20E497B2FD [Departmental Use Only] TITLE Southern Branch Library FY 2015 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 31st day of October, 2014, ( "Effective Date ") by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County "), party of the first part; and The Resolute Building Company (the "Provider "), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement, time being of the essence: The services and /or materials (hereinafter referred to collectively as "Services ") to be furnished under this Agreement are as follows: preliminary development cost for Southern Branch (Brewer Lane) Library project, per provided quote. The term of this agreement rendered shall be from November 4, 2014 to December 31, 2014. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub - contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement, without the prior written approval of the County. SPECIFIC TERMS 1. Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed one thousand two hundred, ($1,200). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non — waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non - Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent contractor and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by Owner's Risk Manager as such insurance requirements are described in the Orange County Revised 10/14 DocuSign Envelope ID: 24393F55- 9D5E- 4A68- 94A6- 8C20E497B2FD Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http: / /oran eg coun . nc .goy/purchasinglcontracts.asp). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of N/A (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 5. Indemni : The Provider agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. 7. Entire Agreement and Signatures: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. 8. Priori : In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all anti - discrimination laws. 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or non - performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 11. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non - appropriation of public funds. [SIGNATURE PAGE TO FOLLOW] Revised 10/14 2 DocuSign Envelope ID: 24393F55- 9D5E- 4A68- 94A6- 8C20E497B2FD IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY n ed by: By: 5DOCUSIg Mwt, (ammt.vs Cou DM iNgb1 77... 200 S. Cameron Sbt`.' P.O. Box 8181 Hillsborough, NC 27278 Revised 10/14 PROVIDEcuSigned by: By. �M uVoa A, �Vti.Si� t BD88BDA8929346B... The Resolute Building Company PO Box 3656 Chapel Hill, NC 27515 DocuSign Envelope ID: 24393F55- 9D5E- 4A68- 94A6- 8C20E497B2FD J 10, 1: October 28, 2014 Jeff Thompson, jethompson @orangecountync.goy Asset Management Services Director Orange County Government PO Box 8181 131 W. Margaret Lane Hillsborough, NC 27278 RE: Brewer Lane Library Project Preliminary Cost Services Dear Jeff: The RESOLUTE Building Company P.O. Box 3656 Chapel Hill, NC 27515 (919) 933 -1000 (919) 493 -1000 Fax (919) 493 -3333 It was a pleasure to meet with you yesterday regarding the development of the Brewer Lane Library Project. Thank you for considering Resolute to provide preliminary costing information for the site development, and the construction of an estimated 15,000 square foot cold dark shell for the library. The library could be expanded to 23,000 square feet. In addition, you requested costing information for the construction of a typical 250 space parking deck. • The library is to be constructed approximately 14' above the current grade such that the entry elevation for the library is essentially the same as the Main Street Development. The current grade is shallower as one moves east on the property. • The construction of the library is to be a post tension concrete podium (23,000 square feet foot print) with a post tension roof structure. The design of concrete structure will be capable of constructing (4) levels of wood framed apartments above the library, • We will provide costing information for a simple multi -level parking structure for 250 parking spaces. • We will also look into the feasibility of placing 80 or so parking spaces below the library. • As we go through this initial process, we will work with you and the developer to identify what is to be included in the cold dark shell cost and the upgrade cost (beyond the shell cost) required to place four levels of apartments above the library. The upgrade cost will include all reasonable coordinating elements between the podium and apartment construction phases, as well as any deducts (roof for podium as an example) should the apartments be constructed. • The costs would include any specific construction staging costs that are unusual due to the site constraints, assuming the deck, podium and apartments are all built at the same time in a reasonable sequence. DocuSign Envelope ID: 24393F55- 9D5E- 4A68- 94A6- 8C20E497B2FD Brewer Lane Library Project Preliminary Cost Services October 28, 2014 Page 2 The county will solicit information from a site planner/ engineer the elements required for site development such that we can assign a value to. Cost for the above Services - $1,200. Si i!n Ka President cc: PF HAMarketing RBC \141028 Brewer Lane Library Costing Services,doc DocuSign Envelope ID: 24393F55- 9D5E- 4A68- 94A6- 8C20E497B2FD 191342 ACORN® CERTIFICATE OF LIABILITY INSURANCE DATE 10/29/2014 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Commercial Lines - (919) 676 -8834 Wells Fargo Insurance Services USA, Inc. 8540 Colonnade Center Drive, Suite 111 CONTACT Beth Pack NAME: PHONE g19 334 -2638 FAx (877) 506 -0509 A/C A/C No, Ext : ( ) No E-MAIL beth.pack @welisfargo.com INSURERS AFFORDING COVERAGE NAIC # Raleigh, NC 27615 INSURERA: Westfield National Insurance Company 24120 INSURED Resolute Building Company, Inc. INSURER B : Westfield Insurance Company 24112 INSURER C : Chartis Specialty Insurance Company 26883 PO Box 3656 INSURER D : X Chapel Hill NC 27514 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 8344985 REVISION NUMBER: See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1�TR TYPE OF INSURANCE ADS L SUER POLICY NUMBER MMIDIDY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE N OCCUR TRA4527240 11 0/ /2014 10/1 /2015 EACH OCCURRENCE $ 1,000,000 DAMAGE PREMISES S (RENTED Ea occurrence $ 500,000 X MED EXP (Any one person) $ 10,000 Contractual, XCU X Broad Form PD PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PO- JERCT F—] LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: A AUTOMOBILE LIABILITY TRA4527240 10/1/2014 101112015 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS HlredComp /Coll Deds: PROPERTY DAMAGE Peracddent $ $ $500/$500 A X UMBRELLA LIAB X OCCUR TRA4527240 10/1/2014 10/1/2015 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION § 0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? � (Mandatory in NH) N / A WCP4527399 10/1/2014 10/1/2015 X STATUTE ERH E.L. EACH ACCIDENT 500000 $ E.L. DISEASE - EA EMPLOYE $ 500000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500000 C Contractors Pollution Liab. CPL 24770200 5/16/2013 5/16/2015 $1,000,000 each Loss $1,000,000 Aggregate $25,000 SIR DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space is required) Re: Butler property site due diligence Evidence of Coverage CERTIFICATE HOLDER CANCELLATION Orange County PO Box 8181 Hillsborough, NC 27278 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 9e or The ACORD name and logo are registered marks of ACORD ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101)