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HomeMy WebLinkAbout2016-357-E AMS - Analytical Consultants - appraisal of Hillsborough Commons DocuSign Envelope ID:26CB3394-9EF5-42C1-8EAB-432A9B415AA4 [Departmental Use Only] TITLE HBro Comm.Appraisal FY 2015-16 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 28th day of June, 2016, ("Effective Date") by and between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the "County"),party of the first part; and Analytical Consultants(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: Appraisal services outlined in the attached proposal dated June 3, 2016. The term of this agreement rendered shall be from June 28,2016 to July 31,2016. 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 Five Thousand, ($5,000). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non—waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same,nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent contractor and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by County's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is Revised 6/16 1 DocuSign Envelope ID:26CB3394-9EF5-42C1-8EAB-432A9B415AA4 incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing division/contracts.php). If County'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 County's Risk Manager. 5. Indemnity: 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, its agents, or assigns directly or indirectly related to the Services to be performed pursuant to this Agreement 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. County may suspend this Agreement upon reasonable 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 11A and Article 40 of North Carolina General Statute Chapter 66. 8. Priority: In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms of this Agreement 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. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Anti-Discrimination Policy. Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the defmition of breach to discrimination. By executing this Agreement Provider affirms that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-86.58. 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. Revised 6/16 2 DocuSign Envelope ID:26CB3394-9EF5-42C1-8EAB-432A9B415AA4 [SIGNATURE PAGE TO FOLLOW] 1 Revised 6/16 3 DocuSign Envelope ID:26CB3394-9EF5-42C1-8EAB-432A9B415AA4 IN WITNESS WHEREOF,County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER Docu Signed by: DocuSigned by: �batAAAAG lkaw� kuslui �mu1 Swaw By: By: County Manager Title: MAI 200 S. Cameron St. Analytical Consultants P.O. Box 8181 125 Kingston Drive, Suite 206 Hillsborough,NC 27278 Chapel Hill,NC 27514 Revised 6/16 4 DocuSign Envelope ID:26CB3394-9EF5-42C1-8EAB-432A9B415AA4 Analytical 125 Kingston Drive Analytical Suite 206 Consultants Chapel Hill, NC 5 1 Tel: 919-929-9-9539 39 The Commercial Real Estate Professionals Fax: 919-929-9543 PROPOSAL TO APPRAISE June 28,2016 Jeffrey E.Thompson Director,Asset Management Services Orange County Government 131 West Margaret Lane, Suite 300 Hillsborough, NC 27278 (919)245-2625(office) (919)245-2658(direct) (919)201-0192(mobile) Re:A 66,452 SF office and governmental services facility and a 4,500 SF patio space that is part of the Hillsborough Commons Development located at 113 Mayo Street in Hillsborough, NC Purpose:To estimate leased fee and fee simple market value for in two separate reports to aid the client in negotiating a potential purchase of the property. Type of project/Scope of work:Appraisal reports in a narrative format using all applicable approaches to value. The Sales Comparison Approach and Income Approaches to value are usually used for properties like as the subject. Due Date: July 1,2016 if this letter is accepted in the next three business days. Fee:$5,000($2,500 per report) Payment Terms: The fee is due within 30 days after report delivery. It is clearly understood that the appraisal fee is not contingent upon a predetermined value conclusion and the end result may not be the expectation of the client. Appraisal Date: Date of inspection Copies:PDF copy. 2 original signed copies upon request. Property Contact/Requested Materials: Please provide a contact for access to the building as well as any surveys, building plans,site plans and other information pertinent to the real estate at the property. We have already been provided with lease information. Signed: go,L.N y Eou Paul L.Snow ''}°"' `° '1ZE fir'. yam. Accepted: =• _ Date: June 28,2016 Accepted: Date: DocuSign Envelope ID:26CB3394-9EF5-42C1-8EAB-432A9B415AA4 WINNOMMO LOA Aeiministrators 8a Insurance Services S,P E N APPRAISAL AND VALUATION PROFESSIONAL LIABILITY INSURANCE POLICY DECLARATIONS ASPEN SPECIALTY INSURANCE COMPANY (A stock insurance company herein called the"Company") 175 Capitol Blvd. Suite 100 Rock Hill,CT 06067 Date Issued Policy Number Previous Policy Number 08/11/2015 ASI001985-01 THIS IS A CLAIMS MADE AND REPORTED POLICY.COVERAGE IS LIMITED TO LIABILITY FOR ONLY THOSE CLAIMS THAT ARE FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD AND THEN REPORT- ED TO THE COMPANY IN WRITING NO LATER THAN SIXTY(60)DAYS AFTER EXPIRATION OR TERMINATION OF THIS POLICY,OR DURING THE EXTENDED REPORTING PERIOD,IF APPLICABLE,FOR A WRONGFUL ACT COMMITTED ON OR AFTER THE RETROACTIVE DATE AND BEFORE THE END OF THE POLICY PERIOD.PLEASE READ THE POLICY CAREFULLY. Item 1.Customer ID: 113569 Named Insured: The insurance company with which this ANALYTICAL CONSULTANTS,INC. coverage has been placed is not licensed 125 Kingston Drive by the State of North Carolina and is not Chapel Hill,NC 27514 subject to its supervision. In the event of the insolvency of the insurance company, losses under this policy will not be paid by any State insurance guaranty fund. 2.Policy Period: From:09/09/2015 To: 09/09/2016 12:01 A.M.Standard Time at the address stated in 1 above. 3.Deductible: $2,500 Each Claim 4.Retroactive Date: 09/09/2004 5.Inception Date: 09/09/2015 6.Limits of Liability: A. $1,000,000 Each Claim B. $1,000,000 Aggregate 7.Mail all notices,including notice of Claim,to: LIA Administrators&Insurance Services 1600 Anacapa Street Santa Barbara,California 93101 (800)334-0652; Fax: (805)962-0652 8.Annual Premium: 41.10.0110 + 01111111116urplus Lines Tax 9. Forms attached at issue: LIA002S(12/14) ASPC0002 0715 LIA012(12/14) LIA013(10/14) LIA025A(11/14) • This Declarations Page,together with the completed and signed Policy Application including all attachments and exhibits thereto,and the Policy shall constitute the contract between the Named Insured and the any. 08/11/2015 By r Date Authorized Sigatire LIA-001S(12/14) Aspen Specialty Insurance Company • DocuSign Envelope ID:26CB3394-9EF5-42C1-8EAB-432A9B415AA4 Staferarm WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY INFORMATION PAGE ENDORSEMENT PAGE 01 THIS FORMS A PART OF COVERAGE IS PROVIDED BY 07-6379-FB5D POLICY NO, 93-BX-U625-7 STATE FARM FIRE AND CASUALTY COMPANY 3 RAVINIA DRIVE , ATLANTA GA 30346-2117 NAMED INSURED AND MAILING ADDRESS RISK ID NO. 006219515 ANALYTICAL CONSULTANTS INC FEIN 125 KINGSTON DR STE 206 CHAPEL HILL NC 27514- 1649 THE EFFECTIVE DATE IS 10/01/2015 YOUR POLICY AMENDED AS THE EXPIRATION DATE IS 10/01/2016 POLICY CODE NOS. , CLASSIFICATIONS, PREMIUM BASIS, RATES AND ESTIMATED PREMIUMS ARE AMENDED AS FOLLOWS: THE PREMIUM FOR THIS POLICY WILL BE DETERMINED BY OUR MANUALS OF REQUIIREDLBELOWIISTSUBJECTATOSVERDIFICATIONPANDSCHANGEIBYOAUDITON CODE NOS. AND ITAL ESTIMATEDTIN- REMUNERA- ANNUAL CLASSIFICATIONS 8721 508 , 580 . 44 2, 238 REAL ESTATE APPRAISAL COMPANIES - OUTSIDE EMPLOYEES 8810 93 , 395 .24 224 CLERICAL OFFICE EMPLOYEES NOC EMPLOYERS LIABILITY INCREASED LIMITS PREMIUM PRIOR TO EXPERIENCE MODIFICATION 2 , 537 EXPERIENCE MODIFICATION : 980 PREMIUM AFTER EXPERIENCE MODIFICATION 2 , 486 CATASTROPHE (OTHER THAN TERRORISM) 9741 601 , 975 , 01 60 TERRORISM 9740 601 , 975 .01 60 MINIMUM PREMIUM $ 240 NO. CAROLINA TOTAL ESTIMATED ANNUAL PREMIUM $ 2 , 606 ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED . DocuSign Envelope ID:26CB3394-9EF5-42C1-8EAB-432A9B415AA4 Statet°arm WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY INFORMATION PAGE ENDORSEMENT PAGE 02 07-6379-F85D THIS FORMS A PART OF COVERAGE IS PROVIDED BY POLICY NO. 93-BX-U625-7 STATE FARM FIRE AND CASUALTY COMPANY 3 RAVINIA DRIVE , ATLANTA GA 30346-2117 NAMED INSURED AND MAILING ADDRESS RISK ID NO. 006219515 ANALYTICAL CONSULTANTS INC FEIN 125 KINGSTON DR STE 206 CHAPEL HILL NC 27514- 1649 THE EFFECTIVE DATE IS 10/01/2015 THE EXPIRATION DATE IS 10/01/2016 ITEM 38. OF THE POLICY , EMPLOYERS LIABILITY LIMITS ARE AMENDED AS FOLLOWS: BODILY INJURY BY ACCIDENT $ 500, 000 EACH ACCIDENT BODILY INJURY BY DISEASE $ 500, 000 EACH EMPLOYEE BODILY INJURY BY DISEASE $ 500, 000 POLICY LIMIT ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED . DocuSign Envelope ID:26CB3394-9EF5-42C1-8EAB-432A9B415AA4 State Farm STATE FARM FIRE AND CASUALTY COMPANY Li " A STOCK COMPANY WITH HOME OFFICES IN BLOOMINcTON,ILLINOIS RENEWAL DECLARATIONS AIlanla A"Yns46-2117 Policy Number 93-10-D971-7 Named Insured Policy Period Effective Date Expiration Date 0-07-6379-FB5D F U 12 Months OCT 1 2015 OCT i 2016 000704 3125 The policy period begins and ends at 12:01 am standard ANALYTICAL CONSULTANTS INC time at the premises location. 125 KINGSTON DR STE 206 CHAPEL HILL NC 27514-1649 Agent and Mailing Address �.. MICHELLE CARLISLE INS AGCY INC 200 TIMBERHILL PL UNIT 202 s CHAPEL HILL NC 27514.1964 PHONE: (919) 918-4478 • (919) 918-4479 N Q Office Policy Automatic Renewal-If the policy period is shown as 12 months,this policy will be renewed automatically subject to the premiums,rules and forms in effect for each succeeding policy period.If this policy is terminated,we will give you and the Mortgagee/Lienholder written notice in compliance with the policy provisions or as required by law. Entity: Corporation NOTICE: Information concerning changes in your policy language is included. Please call your agent if you have any questions. POLICY PREMIUM $ 475.00 Minimum Premium Discounts Applied: Renewal Year Years in Business Protective Devices Sprinkler • Claim Record 1 Prepared AUG 07 2015 ©Copyright,State Form Mutual Automobile Insurance Company,2008 CMP-4000 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 004331 294 I Continued on Reverse Side of Page Page 1 of 7 E 02 510-60613.2 05 31-2011(o113231c1 DocuSign Envelope ID:26CB3394-9EF5-42C1-8EAB-432A9B415AA4 M 4330 RENEWAL DECLARATIONS(CONTINUED) Office Policy for ANALYTICAL CONSULTANTS INC Policy Number 93-BF-D971-7 SECTION I-PROPERTY SCHEDULE Location Location of Limit of Insurance* Limit of Insurance* Seasonal Described Increase- Premises Coverage A- Coverage B - Business • Buildings Business Personal Personal Property Property 001 125 KINGSTON DR STE 206 $ 76,000 $ 26,300 25% CHAPEL HILL NC 27514-1649 *As of the effective date of this policy,the Limit of Insurance as shown includes any increase in the limit due to Inflation Coverage, SECTION I-INFLATION COVERAGE INDEX(ES) Inflation Coverage Index: 238.6 SECTION I- DEDUCTIBLES Basic Deductible $1,000 Special Deductibles: Money and Securities $250 Employee Dishonesty $250 Equipment Breakdown $1,000 Other deductibles may apply-refer to policy. Prepared AUG 07 2015 ©Copyright,State Farm Mutuel Automobile Insurance Company,2008 CMP-4000 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 004331 Continued on Next Page Page 2 of 7 ft� 1 DocuSign Envelope ID:26CB3394-9EF5-42C1-8EAB-432A9B415AA4 StateFarm rl M 4330 OS24) RENEWAL DECLARATIONS(CONTINUED) Office Policy for ANALYTICAL CONSULTANTS INC Policy Number 93•BF-D971-7 ri94 SECTION I- EXTENSIONS OF COVERAGE- LIMIT OF INSURANCE- EACH DESCRIBED PREMISES The coverages and corresponding limits shown below apply separately to each described premises shown In these Declarations, unless indicated by "See Schedule," If a coverage does not have a corresponding limit shown below, but has "Included"indicated, please refer to that policy provision for an explanation of that coverage. COVERAGE LIMIT OF INSURANCE Accounts Receivable On Premises $50,000 Off Premises $15,000 Arson Reward $5,000 Back-Up Of Sewer Or Drain $15,000 Collapse Included Damage To Non-Owned Buildings From Theft, Burglary Or Robbery Coverage B Limit Debris Removal 25%of covered loss Equipment Breakdown Included Fire Department Service Charge $5,000 Fire Extinguisher Systems Recharge Expense $5,000 Forgery Or Alteration $10,000 Glass Expenses Included Increased Cost Of Construction And Demolition Costs (applies only when buildings are 10% insured on a replacement cost basis) Loss Assessment $1,000 Money And Securities (Off Premises) $5,000 Money And Securities (On Premises) $10,000 Money Orders And Counterfeit Money $1,000 Newly Acquired Business Personal Property (applies only if this policy provides $100,000 Coverage B-Business Personal Property) Prepared AUG 07 2015 0 Copyright,State Farm Mutual Automobile Insurance Company,2008 CMP-4000 Includes copyrighted material of Insurance Services Office,Inc.,with its permission, 004332 294 Continued on Reverse Side of Page Page 3 of 7 E DocuSign Envelope ID:26CB3394-9EF5-42C1-8EAB-432A9B415AA4 M 4330 RENEWAL DECLARATIONS(CONTINUED) Office Policy for ANALYTICAL CONSULTANTS INC Policy Number 93-BF-D971-7 Newly Acquired Or Constructed Buildings (applies only if this policy provides $250,000 Coverage A-Buildings) Ordinance Or Law-Equipment Coverage Included Outdoor Property $5,000 Personal Effects(applies only to those premises provided Coverage B- Business $5,000 Personal Property) Personal Property Off Premises $15,000 Pollutant Clean Up And Removal $10,000 Preservation Of Property 30 Days Property Of Others (applies only to those premises provided Coverage E3-Business $2,500 Personal Property) Signs $2,500 Unauthorized Business Card Use $5,000 Valuable Papers And Records On Premises $50,000 Off Premises $15 ,000 Water Damage,Other Liquids, Powder Or Molten Material Damage Included SECTION I- EXTENSIONS OF COVERAGE -LIMIT OF INSURANCE- PER POLICY The coverages and corresponding limits shown below are the most we will pay regardless of the number of described premises shown in these Declarations. LIMIT OF COVERAGE INSURANCE Dependent Property - Loss Of Income $5,000 Employee Dishonesty $10,000 Utility Interruption -Loss Of Income $10,000 Prepared AUG 07 2015 ©Copyright,State Farm Mutual Automobile Insurance Company,2008 CMP-4000 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 004332 Continued on Next Page Page 4 of 7 DocudSigyn Envelope ID:26CB3394-9EF5-42C1-8EAB-432A9B415AA4 *, M 4330 �..� RENEWAL DECLARATIONS(CONTINUED) Office Policy for ANALYTICAL CONSULTANTS INC Policy Number 93-BF-D971.7 Loss Of Income And Extra Expense�.. , Actual Loss Sustained- 12 Months SECTION Ii• LIABILITY COVERAGE LIMIT OF INSURANCE Coverage L -Business Liability $1,000,000 Coverage M -Medical Expenses (Any One Person) $5,000 Damage To Premises Rented To You $300,000 AGGREGATE LIMITS • LIMIT OF INSURANCE Products/Completed Operations Aggregate $2,000,000 General Aggregate $2,000,000 Each paid claim for Liability Coverage reduces the amount of insurance we provide during the applicable annual period. Please refer to Section II -Liability in the Coverage Form and any attached endorsements, Your policy consists of these Declarations, the BUSINESSOWNERS COVERAGE FORM shown below,and any other forms and endorsements that apply, including those shown below as well as those issued subsequent to the issuance of this policy. FORMS AND ENDORSEMENTS CMP-4100 Businessowners Coverage Form FE-6999,2 *Terrorism Insurance Coy Notice CMP-4233 Amendatory Endorsement 1 CMP 4722 Business Unitowners CMP-4721 Ex Personal Advertising Injury CMP-4713 Excl Testing Consulting E&O CMP-4819 Unauthorized Business Card Use CMP-4706 Back-Up of Sewer or Drain CMP-4704 Dependent Prop Loss of Income CMP-4710 Employee Dishonesty CMP-4709 Money and Securities Prepared AUG 07 2015 ©Copyright,State Farm Mutual Automobile Insurance Company,2008 CMP-4000 Includes copyrighted material of Insurance Services Office,Inc.,with its permission, 004333 294 Continued on Reverse Side of Page Page E 5 of 7 DocuSign Envelope ID:26CB3394-9EF5-42C1-8EAB-432A9B415AA4 M 4330 RENEWAL DECLARATIONS(CONTINUED) Office Policy for ANALYTICAL CONSULTANTS INC Policy Number 93-13F-D971-7 CMP-4703 Utility Interruption Loss I ncm CMP-4705 Loss of Income& Extra Expnse FD-6007 Inland Marine Attach Dec * New Form Attached This policy is issued by the State Farm Fire and Casualty Company. Participating Policy You are entitled to participate In a distribution of the earnings of the company as determined by our Board of Directors In accordance with the Company's Articles of Incorporation,as amended. In Witness Whereof,the State Farm Fire and Casually Company has caused this policy to be signed by its President and Secretary at Bloomington,Illinois. *11.4.t.4,m.1'444.0.1' 66-vu ` %akS),. Secretary President Prepared AUG 07 2015 ®Copyright,State Farm Mutual Automobile Insurance Company,2008 CMP-4000 Includes copyrighted material of Insurance Services Office,Inc..with its permission. 004333 Continued on Next Page Page 6 of 7 1