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Home My WebLink About2017-008-E AMS - Pickett-Sprouse 3805-A Real Estate for 501, 503 Franklin St. appraisal DocuSign Envelope ID: B2795506-A9C4-4F3C-BA37-9A4696263D77 [Departmental Use Only] TITLE 501/503 Appraisal FY 2016-2017 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 5th day of January, 2017, ("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 Pickett-Sprouse Real Estate, Inc. (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: real estate appraisal services regarding 501 West Franklin Street and 503 West Franklin Street according to the attached proposal entitled "501/503 West Franklin Appraisal Proposal" dated January 3rd,2017. The term of this agreement rendered shall be from January 5`h,2017 to June 30,2017. 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 eight Thousand Five Hundred Dollars , ($8,500). 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 Revised 6/16 1 DocuSign Envelope ID: B2795506-A9C4-4F3C-BA37-9A4696263D77 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 appropriate Professional Errors and Omissions Insurance (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. Thi s 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 definition 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 Revised 6/16 2 DocuSign Envelope ID: B2795506-A9C4-4F3C-BA37-9A4696263D77 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 6/16 3 DocuSign Envelope ID: B2795506-A9C4-4F3C-BA37-9A4696263D77 IN WITNESS WHEREOF, County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE COUNTY PROVIDER —eeg, do ,—eesgedny gne y. By bem, At.Nav,mwsl.ul By. rol,urf S19nuSe, County Manager Title: President 200 S. Cameron St. Pickett-Sprouse Real Estate,Inc. P.O. Box 8181 3805-A University Drive Hillsborough,NC 27278 Durham,NC 27717 Revised 6/16 4 DocuSign Envelope ID: B2795506-A9C4-4F3C-BA37-9A4696263D77 Pickett -Amine REAL ESTATE ROBERT M.SPROUSE,MAI•JOHN T.KEPLEY•W.VERNON AVERETT,CCIM JERRY L. GAMBILL, MAI • MARK E. MICOL• MARK N. O'NEAL, CCIM January 3, 2017 Mr.Jeff Thompson Director,Asset Management Services Orange County PO Box 8181 Hillsborough, NC 27278 RE: 501/503 West Franklin Appraisal Proposal Dear Mr.Thompson: Our fee for preparing an appraisal of 501 West Franklin Street and 503 West Franklin Street including the adjacent parking lot is not to exceed $8,500. The estimated completion date is March 1, 2017. We would prepare one appraisal report which would include a separate opinion of value for each of those properties with the adjoining parking lot either being valued separately or being split and added to each of these parcels based on the amount of parking needed to meet zoning requirements. We will make that determination after receiving information provided to you by your engineering firm. As a part of the highest and best use anlaysis we will analyze the value of the land if developed to its optimum development potential using information provided by your engineering firm and compare that to the "as is" value of the existing buildings. The parcels to be appraised are identified as follows: 1. 501 West Franklin St (PIN 9788151996) 2. 503 West Franklin St (PIN 9788151829) 3. 108 South Roberson St parking lot (PIN 9788152822) I've attached current copies of the insurance we carry. Thanks for the opportunity to provide this proposal and let me know if you have any questions. Very Truly Yours, V —_ Robert Sprouse President Attachments APPRAISALS• BROKERAGE• CONSULTATION • DEVELOPMENT 3805-A UNIVERSITY DRIVE• POST OFFICE BOX 52118 • DURHAM, NC 27717 919.493.0395• 919.493.1523 FAX•WWW,PICKETT-SPROUSE.COM DocuSign Envelope ID: B2795506-A9C4-4F3C-BA37-9A4696263D77 AC4OREP CERTIFICATE OF LIABILITY INSURANCE DATE(MMDLYYYYY) 12/28/2016 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 NAME CT Louise Churchill Herring&Bickers Insurance Agency (A/CC.No. Ext) FAX No): (919)479-1868 2344 Operations Drive ADDRESS: Suite 101 INSURER(S)AFFORDING COVERAGE NAIC# Durham NC 27705 INSURER A: Erie Insurance Exchange 26271 INSURED INSURER B: HARTFORD CAS INS CO 29424 Pickett Sprouse Real Estate,Inc. INSURER C: P O Box 52118 INSURER D: INSURER E: Durham NC 27717 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. INSR TYPE OF INSURANCE ADDL W W POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM1DD/YYYY) (MM/DDIYYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1000000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $ 1000000 MED EXP(Any one person) $ 5000 A Y N Q41-3190096 05/31/2016 05/31/2017 PERSONAL&ADV INJURY _$ 1000000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2000000 X POLICY JPER0- LOC PRODUCTS-COMP/OP AGG $ 2000000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ;$ 1000000 (Ea accident) ANY AUTO BODILY INJURY Per person) $ A ALL OWNED X AUTOS SCHEDULED AUTOS ) N N Q05-3130190 05/31/2016 05/31/2017 BODILY INJURY(Per accident $ NON-MANED PROPERTY DAMAGE X HIRED AUTOS $ AUTOS (Per accdent) UMBRELLA LIAB _OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X STATUTE OTH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETORIPARTNER/EXECUTIVE E.L.EACH ACCIDENT $ B OFFICER/MEMBEREXCLUDED? Y N/A N 22WBCNY9560 05/31/2016 05/31/2017 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is listed as certificate holder with respects to General Liability per form CG2010. CERTIFICATE HOLDER CANCELLATION Orange County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE P 0 Box 8181 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Hillsborough NC 27278 � . ,✓" .o. Fax:(919)644-3056 Email: ®1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: B2795506-A9C4-4F3C-BA37-9A4696263D77 Erie Insurance Exchange Erie Insurance 416, Exchange Member • Erie Insurance Group I00 Erie Ins.PI. • Erie,PA 16530 Ultrapack Plus Policy Declarations Renewal Certificate Mailing Name and Address for Insured: Other Interest: PICKETT-SPROUSE REAL ESTATE INC ,,,, PO BOX 52118 '1� ' DURHAM NC 27717-2118 .A.1, 122425196 JJ1013 Named Insured's Full Name: PICKETT-SPROUSE REAL ESTATE INC Agent: Policy Period: Policy Number: JJ1013 HERRING & BICKERS INS AGY INC 05/31/2016 to 05/31/2017 Q413190096 Agent Address and Phone HERRING&BICKERS INS AGY INC Policy begins at 12:01 A.M. standard time on the 2344 OPERATIONS DR STE 101 effective date and ends at 12:01 A.M. standard DURHAM NC 27705-1213 time on the expiration date. Standard time is 919-479-9900 determined at the stated address of the named insured. The insurance applies to those premises described below. This is subject to all applicable terms of the policy and attached forms and endorsements. Premium Summary Pay Plan Discount Applies Total Annual Policy Premium: $681.00 (This is not a bill. Your invoice will follow in a separate mailing.) Property Protection -As Per Attached Supplemental Declarations Deductible (Property Protection Only) $1,000 Policy-Level Coverages Liability Protection Limits of Insurance Commercial General Liability Limits of Insurance Each Occurrence Limit $1,000,000 Damage to Premises Rented to You $1,000,000 Any One Premises Medical Expense limit $5,000 Any One Person Personal&Advertising Injury Limit $1,000,000 Any One Person or Organization General Aggregate Limit $2,000,000 Products/Completed Operations Aggregate Limit $2,000,000 Processed On:03/17/2016 (See Reverse Side) DocuSign Envelope ID: B2795506-A9C4-4F3C-BA37-9A4696263D77 A CNAReal Estate Professionals Errors and Omissions Policy Declarations Agency Branch Prefix Policy Number Insurance is provided by 078990 969 RFB 13327346016 Continental Casualty Company 333 S Wabash Ave Chicago, IL 60604, A Stock Insurance Company. 1. NAMED INSURED AND MAILING ADDRESS; NOTICE TO POLICYHOLDERS: The Errors and Omissions Liability coverage Pickett/Sprouse Real Estate, Inc. afforded by this policy is on a Claims Made 3805-A University Drive basis. Please review the policy carefully Suite A and discuss this coverage with your Durham, NC 27707 insurance agent or broker. 2. POLICY PERIOD: Inception: 09/16/2016 Expiration: 09/16/2017 at 12:01 A.M. Standard Time at the address shown above. 3. ERRORS AND OMISSIONS LIABILITY: A. Limits of Liability: Each Claim: $1,000,000 Aggregate: $1,000,000 B. Discrimination Limits of Liability: $250,000 C. Deductible: Each Claim: $5,000 D. First Coverage Date: 09/16/1996 E. Prior Acts Date: 09/16/1992 4. PREMIUM: $4,424.00 DISCRIMINATION (Optional$250,000 Sublimit): $0.00 TOTAL PREMIUM: $4,424.00 Total Premium INSTALLMENT PAYMENT SCHEDULE $1,769.60 Due 09/16/2016 $1,327.20 Due 12/16/2016 $1,327.20 Due 03/16/2017 Countersigned by Authorized Representative CNA6578OXX ED.05-2012 176208-B20841