HomeMy WebLinkAbout2016-413-E Tax - Coastal Carolina Appraisals, LLC - commercial appraisal DocuSign Envelope ID:59AB1B94-DE1A-40F5-B1 C1-040807F1EB50
[Departmental Use Only]
TITLE CCA Commercial
FY 2016-17
NORTH CAROLINA
SERVICES AGREEMENT UNDER$90,000.00
NO RFP/RFQ
ORANGE COUNTY
This Services Agreement (hereinafter "Agreement"), made and entered into this 1 day of
August, 2016, ("Effective Date") by and between Orange County, North Carolina a political
subdivision of the State of North Carolina (hereinafter, the "County") and Coastal Carolina
Appraisals, LLC, (hereinafter, the "Provider").
WITNESSETH:
That the County and Provider, for the consideration herein named, do hereby agree as
follows:
1. Services
a. Scope of Work.
i) This Agreement is for services to be rendered by Provider to County with respect
to (insert type of project): appraisal of commercial properties for 2017
revaluation.
ii) By executing this Agreement, the 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.
iii) Time is of the essence with respect to this Agreement.
iv) The services to be performed under this Agreement consist of Basic Services, as
described and designated in Section 3 hereof. Compensation to the Provider for
Basic Services under this Agreement shall be as set forth herein.
2. Responsibilities of the Provider
a. Services to be provided. The Provider shall provide the County with all services
required in Section 3 to satisfactorily complete the Project within the time limitations set
forth herein and in accordance with the highest professional standards.
b. Standard of Care.
i) The Provider shall exercise reasonable care and diligence in performing services
under this Agreement in accordance with the highest generally accepted standards
of this type of Provider practice throughout the United States and in accordance
with applicable federal, state and local laws and regulations applicable to the
performance of these services. Provider is solely responsible for the professional
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quality, accuracy and timely completion and/or submission of all work related to
the Basic Services.
ii) Provider shall be responsible for all errors or omissions of its agents, contractors,
employees, or assigns 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.
iii) The Provider shall not, except as otherwise provided for in this Agreement,
subcontract the performance of any work under this Agreement without prior
written permission of the County. No permission for subcontracting shall create,
between the County and the subcontractor, any contract or any other relationship.
iv) Provider is an independent contractor of County. Any and all employees of the
Provider engaged by the Provider in the performance of any work or services
required of the Provider under this Agreement, shall be considered employees or
agents of the Provider only and not of the County, and any and all claims that may
or might arise under any workers compensation or other law or contract on behalf
of said employees while so engaged shall be the sole obligation and responsibility
of the Provider.
v) If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Provider represents that it and/or its
employees, agents and subcontractors engaged in such activities possess such
licenses, certifications, or credentials and that such licenses certifications, or
credentials are current, active, and not in a state of suspension or revocation.
vi) In determining the basic services to be provided, should any documents be
referenced in 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. Should a request for proposals and a proposal be referenced the
terms of the request for proposals shall have priority over the terms of any
proposal.
3. Basic Services
a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows
(fully describe services to be provided): appraisal services for all commercial properties
in Orange County for the 2017 revaluation as described in the attached Scope of Work
(Exhibit A)
4. Duration of Services
a. Term. The term of this Agreement shall be from August 1, 2016 to January 31, 2017.
b. Scheduling of Services.
i) The Provider shall schedule and perform its activities in a timely manner.
ii) Should the County determine that the Provider is behind schedule, it may require
the Provider to expedite and accelerate its efforts, including providing additional
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resources and working overtime, as necessary, to perform its services in
accordance with the approved project schedule at no additional cost to the
County.
iii) The Commencement Date for the Provider's Basic Services shall be August 1,
2016.
5. Compensation
a. Compensation for Basic Services. Compensation for Basic Services shall include all
compensation due the Provider from the County for all services under this Agreement.
The maximum amount payable for Basic Services shall not exceed eighty nine thousand
Dollars ($89,000). Payment for Basic Services shall become due and payable within
thirty (30) days of Provider properly invoicing County. Payment shall be subject to
provisions of Section 5(b).
b. Disputes. In the event the amount stated on an invoice is disputed by the County, the
County may withhold payment of all or a portion of the amount stated on an invoice
until the parties resolve the dispute. 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.
c. Additional Services. County shall not be responsible for costs related to any services in
addition to the Basic Services performed by Provider unless County requests such
additional services in writing and such additional services are evidenced by a written
amendment to this Agreement.
6. Responsibilities of the County
a. Cooperation and Coordination. The County has designated (Dwane Brinson, Tax
Administrator) to act as the County's representative with respect to the Project and shall
have the authority to render decisions within guidelines established by the County
Manager and/or the County Board of Commissioners and shall be available during
working hours as often as may be reasonably required to render decisions and to furnish
information.
7. Insurance
a. General Requirements. 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 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.
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8. Indemnity
a. Indemnity. The Provider agrees to defend, indemnify and hold harmless the County
from all loss, liability, claims or expense, including attorney's fees, arising out of or
related to the Project and arising from bodily injury including death or property damage
to any person or persons caused in whole or in part by the negligence or misconduct of
the Provider except to the extent same are caused by the negligence or willful
misconduct of the County. It is the intent of this provision to require the Provider to
indemnify the County to the fullest extent permitted under North Carolina law.
9. Amendments to the Agreement
a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional
compensation or a change in duration of this Agreement shall be made by a written
Amendment to this Agreement executed by the County and the Provider. The Provider
shall proceed to perform the Services required by the Amendment only after receiving a
fully executed Amendment from the County.
10. Termination
a. Termination for Convenience of the County. This Agreement may be terminated without
cause by the County and for its convenience upon seven (7) days' prior written notice to
the Provider.
b. Other Termination. The Provider may terminate this Agreement based upon the County's
material breach of this Agreement; provided, the County has not taken all reasonable
actions to remedy the breach. The Provider shall give the County seven (7) days' prior
written notice of its intent to terminate this Agreement for cause.
c. Compensation After Termination.
i) In the event of termination, the Provider shall be paid that portion of the fees and
expenses that it has earned to the date of termination, less any costs or expenses
incurred or anticipated to be incurred by the County due to errors or omissions of
the Provider.
ii) Should this Agreement be terminated, the Provider shall deliver to the County
within seven (7) days, at no additional cost, all deliverables including any
electronic data or files relating to the Project.
d. Waiver. The payment of any sums by the County under this Agreement or the failure of
the County to require compliance by the Provider with any provisions of this Agreement
or the waiver by the County of any breach of this Agreement shall not constitute a
waiver of any claim for damages by the County for any breach of this Agreement or a
waiver of any other required compliance with this Agreement.
e. Suspension. County may suspend the Basic Services and this Agreement at any time for
County's convenience and without penalty to County upon three (3) days' notice to
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Provider. Upon any suspension by County, Provider shall discontinue work on the Basic
Services and shall not resume the Basic Services until notified to proceed by County.
11. Additional Provisions
a. Limitation and Assignment. The County and the Provider each bind themselves, their
successors, assigns and legal representatives to the terms of this Agreement. Neither the
County nor the Provider shall assign or transfer its interest in this Agreement without the
written consent of the other.
b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights
of respective parties hereunder shall be governed by the laws of the State of North
Carolina. By executing this Agreement Provider affirms that Provider and any
subcontractors of Provider are 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.
c. Anti-Discrimination. 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 definition of breach to discrimination.
d. 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.
e. Entire Agreement. This Agreement represents the entire and integrated agreement
between the County and the Provider and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be amended
only by written instrument signed by both parties. Modifications may be evidenced by
facsimile signatures.
f. Severability. If any provision of this Agreement is held as a matter of law to be
unenforceable, the remainder of this Agreement shall be valid and binding upon the
Parties.
g. Ownership of Work Product. Should Provider's performance of this Agreement generate
documents, items or things that are specific to this Project such documents, items or
things shall become the property of the County and may be used on any other project
without additional compensation to the Provider. The use of the documents, items or
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things by the County or by any person or entity for any purpose other than the Project as
set forth in this Agreement shall be at the full risk of the County.
h. 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. It is expressly agreed that County
shall not activate this non-appropriation provision for its convenience or to circumvent
the requirements of this Agreement, but only as an emergency fiscal measure during a
substantial fiscal crisis.
In the event of a change in the County's statutory authority, mandate and/or mandated
functions, by state and/or federal legislative or regulatory action, which adversely affects
County's authority to continue its obligations under this Agreement, then this Agreement
shall automatically terminate without penalty to County upon written notice to Provider
of such limitation or change in County's legal authority.
i. Signatures. 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 1 1 A and Article 40 of North Carolina General Statute
Chapter 66.
j. Notices. Any notice required by this Agreement shall be in writing and delivered by
certified or registered mail,return receipt requested to the following:
Orange County Provider's Name
Attention:Dwane Brinson Bo Allen
P.O. Box 8181 50 Shoreline Dr SUITE 102
Hillsborough,NC 27278 New Bern,NC 28562
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have
hereunder set their hands and seal, all as of the day and year first above written.
ORANGE COUNTY: PROVIDER:
DocuSigned by: DocuSigned by:
rbtlAA/Lit, Nuitoltxs1 7/29/2016 ri!t gUIM, 7/28/2016
By: 0637994B755E477.. By: 559ADFADA5E1426..
County Manager
Bo Allen, Project Director
Printed Name and Title
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hnnd,VIII�
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Complete County Assessments
Proposal
for
Commercial Appraisal Services & Support
Orange County
Respectfully submitted to:
Mr. Dwane Brinson
Orange County Tax Administrator
July 15, 2016
DocuSign Envelope ID:59AB1B94-DE1A-40F5-B1 C1-040807F1EB50
cGI
July 15, 2016
Mr. Dwane Brinson
Tax Administrator
Orange County
228 S. Churton Street
Hillsborough, NC 27278
RE: Request for Proposal for Commercial Appraisal Services and Support.
Dear Mr. Brinson:
We appreciate the opportunity to provide you, Lee Harris and Roger Gunn a proposal for possible
appraisal assistance and support for your scheduled 2017 revaluation. Our firm, Complete County
Assessments (CCA) is pleased to submit this proposal in response to your inquiry and request.
Our mission and purpose is to provide your office, and Orange County, with the most competent and
transparent valuations. Our team is comprised of experienced state-certified appraisers and veteran
property tax professionals.Two appraisers on our team hold the prestigious MAI designation from the
Appraisal Institute.
Through the course of the project we will be "hands-on" and "fully engaged" with prompt service and
support to your department. Our goal is to deliver the upmost quality and creditable valuations on a
mass scale and will defend and support our work when necessary. That is a promise and guarantee!
Our proposal highlights our expertise working directly in the functional areas of commercial valuations.
Again,thank you for this opportunity to respond to your request. Please do not hesitate to contact us
with any questions or concerns you may have. My contact number and email are: (252) 474-9565/
boallen @cca-group.net
Sincerely,
3o Allen
Project Director /Appraiser
Complete County Assessments
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GENERAL OVERVIEW:
Orange County is currently engaged in their scheduled 2017 countywide revaluation. Due to the
departure of an essential employee, Tax Administration is seeking additional support and
assistance for approximately to provide the market value of 1,905 improved commercial and
industrial parcels.
SCOPE OF WORK OVERVIEW:
It is understood that Orange County has identified approximately 1,905 improved commercial
and industrial parcels that are in need of appraisal review and valuation support for their 2017
countywide revaluation project that is currently underway. Orange County has selected the
improved parcels they view as needing review and additional valuation support. It is unknown
the full valuation status of each parcel due to the resignation of a staff commercial appraiser. It
is believed that general cost tables and depreciation schedules have been entered in the CAMA
system (Patriot Properties) along with land/site values. The cost and land values have not been
verified and are to be reviewed. It is also known that Orange County has contracted with a
local appraisal firm (Analytical Consultants, Inc.) to conduct and complete an in-depth market
study of the commercial markets and this data and analysis will be available to CCA and is to be
incorporated in the valuation process. CCA will work in unison to obtain any/all relevant market
data (sales, rents, income/expenses, building permit data, etc.) that is found necessary to
develop multiple approaches to value and identify market trends. The market data gathered
will be compiled, analyzed and used to develop and support an income and sales comparison
approach to value for each assigned parcel. Our team has developed proprietary systems to
assist in keeping our values consistent and equitable for each property type and market area.
Orange County will provide Complete County Assessments with the following:
-All relevant market data and information (sales, rents, income, etc.) that has been collected
and obtained over the past few years.
-All site/land valuations and building costs for each parcel *(parcel card data to be reflective of
the 2017 revaluation) *(MS Excel format requested)
-County to designate a single point of contact during the project to assist with any questions,
concerns and requests.
-Correct type and use for each parcel to be assessed.
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Complete County Assessments will be responsible for the following:
-Review the provided cost approach and land values for each parcel and make
recommendations/adjustments accordingly.
-Develop multiple approaches to value including site/land pricing when applicable and provide
supporting documentation.
-Review comments, reconciled values in MS Excel format.
Complete County Assessments will not be responsible for the following.
-Copies of property record cards/public record reports.
-Special computer upgrades and/or software.
-Photos of the subject properties
-Delineation of neighborhoods
-Printing and mailing of any notices or public advertisements.
-Clerical/Data Entry in CAMA systems.
-Board of Equalization and Review Appeals.
ESTIMATED PROJECT COMPLETION:
Based on the scope of work and Orange County's desired completion date of February 2017; a
five (5) month timeframe has been estimated for successful completion. This proposal assumes
a start date in August 2016. If the start date and/or completion date change significantly then
CCA reserves the right to cancel the contract and/or modify the contract price. All completed
work will be submitted to the county weekly for review and system entry.
INDEMNIFICATION & INSURANCE:
Complete County Assessments will provide Orange County proof of adequate general liability
insurance and worker's compensation insurance.
*Additional insurance requirements made by the county may change this bid amount.
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COMPENSATION:
Based on the estimated parcel count totaling 1,905 parcels and the indicated scope of work,
our proposal to provide competent and professional commercial valuations to the county is:
$89,000 ($46.72 per parcel).
*Unless otherwise noted, the proposed compensation for the services outlined in this proposal will cover
all related expenses in relation to labor costs, taxes, insurance, meals, automobile expenses, long
distance calls, lodging and all other travel related expenses.
**CCA will provide on-site support during the local board of E&R hearings at the request of the Tax
Administrator.Additional support with appeals and other appraisal services outside this scope of work
are based on a rate of$800 per day.
***CCA can provide exterior(drive-by)inspections to further photograph and document each parcel with
construction quality, condition, vacancies and current tenants.An additional fee can be provided at the
request of the Orange County Tax Administration.
CONCLUSION:
In conclusion, Complete County Assessments is dedicated to a successful revaluation partnership with
Orange County. Our team has a hands-on approach concept and will be interacting with your office and
staff regularly. As stated,we have access and membership to multiple databases including the local MLS
systems within the Triangle market area and CoStar, a compressive commercial real estate research
platform that provides accurate and verified market information. Our review and value assignments will
be completed in the most competent manner by experienced state-certified appraisers who have
proven professional experience in real property tax assessments and commercial revaluation projects.
Our dedicated appraisal team is: Bo Allen, RAA, Bob Mashburn, MAI, Christopher Mashburn, MAI and
Gary Piner.We are looking forward to working with you. Please do not hesitate to contact us with any
questions you may have.
Thank you very much for the opportunity to provide you with this proposal!
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Proposed Payment Schedule
1. An initial retainer of$15,500 will be paid to CCA prior to commencement of work
2. Five monthly payments (August through December) of$12,920 will be paid to CCA.
3. Ten percent ($8,900) of the contract price will be held by Orange County until satisfactory
completion of the project.
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DECLARATIONS
GREATAMERWAN for
REAL ESTATE PROFESSIONAL
INSURANCE GROUP
ERRORS&OMISSIONS INSURANCE POLICY
301 E.Fourth Street,Cincinnati,OH 45202
THIS IS A CLAIMS MADE INSURANCE POLICY.
THIS POLICY APPLIES ONLY TO THOSE CLAIMS THAT ARE FIRST MADE AGAINST AN
INSURED DURING THE POLICY PERIOD. ALL CLAIMS MUST BE REPORTED IN WRITING TO
THE COMPANY DURING THE POLICY PERIOD OR WITHIN SIXTY(60) DAYS AFTER THE END OF
THE POLICY PERIOD.
Insurance is afforded by the company indicated below: (A capital stock corporation)
E Great American Assurance Company
Note: The Insurance Company selected above shall herein be referred to as the Company.
Policy Number: RAB4444886-16 Renewal of: RAB4444886-15
Program Administrator: Herbert H.Landy Insurance Agency Inc.
75 Second Ave Suite 410
Needham,MA 02494-2876
Item I. Named Insured: Coastal Carolina Appraisals,LLC
Item 2. Address: 104 Gatewood Dr
City, State,Zip Code: New Bern,NC 28562
Attn:
Item 3. Policy Period: From 08/01/2016 To 08/01/2017
(Month, Day, Year) (Month, Day, Year)
(Both dates at 12:01 a.m.Standard Time at the address of the Named Insured as stated in Item 2.)
Item 4. Limits of Liability: (inclusive of claim expenses):
A. $1,000,000 Limit of Liability-Each Claim
B. $1,000,000 Limit of Liability-Policy Aggregate
C. $500,000 Limit of Liability- Fair Housing Claims
D. $500,000 Limit of Liability- Fungi Claims
Item 5. Deductible: (inclusive of Claim Expense): $ 1,000 Each Claim
Item 6. Premium: $ 858.00
item 7. Retroactive Date(if applicable): 08/01/2015
Item 8. Forms,Notices and Endorsements attached:
D43100(03/15) D43300 NC(05/13)
D43432(05/13) D43421 (03/15) D43425(05/13) Authorized Representative
IL7324(08/12)
D43101 (03/15) Page 1 of 1