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HomeMy WebLinkAbout2020-615-E AMS-Harrod and Associates Whitted sidewalk repair Revised 07/20 1 [Departmental Use Only] TITLE Whitted Steps FY 2020-2021 NORTH CAROLINA CONSTRUCTION AGREEMENT UNDER $250,000.00 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter called “Agreement”), made as of the 21st day of September, 2020, by and between Harrod and Assoc. Constructors, Inc., (hereinafter called the “Contractor”), and Orange County, a political subdivision of the State of North Carolina, (hereinafter called the “County,” “Orange County,” or “Owner”). W I T N E S S E T H: That the Contractor and the Owner, for the consideration herein named, agree as follows: 1. CONTRACT DOCUMENTS; PRIORITY The Contract Documents consist of this Agreement, the Request for Proposals, Proposal, Construction Drawings, and Written Specifications. The Contract Documents form the Contract. In the event of any inconsistency between or among the Contract Documents the Contract Documents shall be interpreted in the following order of priority: a. This Agreement. b. Designer Approved Bulletins and Field Orders. c. Request for Proposals and addenda thereto. d. Proposal. 2. SCOPE OF WORK The Contractor shall furnish and deliver all of the materials, and perform all of the work required by this Agreement within the time period stipulated in a written Notice-to-Proceed to be executed by the Contractor and Owner and in accordance with the following enumerated documents, which are made a part hereof as if fully contained herein: a. Construction Drawings prepared by Corley Redfoot Architects Inc (CRA) (Sheet C1.0, C1.1, C2.1 Dated 10/16/2017 and C2.0 Site Plan 8.13.20 Addendum 1 dated 8/7/2020, and Whitted Front Steps Improvements Specifications Book. Drawings & Specifications dated 6/26/2020) b. Written specifications prepared by the project engineer. c. Harrod and Assoc. Constructors, Inc. proposal dated August 20, 2020 which fully describes the work to be performed. Such work will hereafter be called the “Work”. d. Related documents listed under Section 1 above. DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 Revised 07/20 2 3. TERM AND SCHEDULING a. The Contractor agrees to commence work pursuant to the written Notice to Proceed. b. The Contractor agrees to complete substantially all Work by January 20, 202021, or no later than 120 days from the issued Notice to Proceed date. c. Time is of the essence with respect to all dates specified in the Contract Documents as Completion Dates. d. The Contractor shall perform the Work in the time, manner, and form required by the Contract Documents and as stipulated in a written Notice-to-Proceed to be executed by the Contractor and Owner. e. It is expressly understood that the Owner will employ other contractors to perform work as a part of the Project whose work will be performed simultaneously and sequentially with the performance of the Work by the Contractor. It shall be necessary for the Contr actor to coordinate its activities with such other contractors, particularly with respect to access to work areas, storage of materials and other common facilities. f. Should the Owner determine that the Contractor is behind schedule Owner may require, at no additional cost to the Owner, the Contractor to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform the Work in accordance with the approved project schedule. 4. STANDARD OF CARE a. The Contractor shall exercise reasonable care and diligence in performing the Work in accordance with the highest generally accepted standards of this type of Contractor practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Contractor is solely responsible for the professional quality, accuracy and timely completion and submission of all work. b. The Contractor shall not load or permit any part of the Work to be loaded with a weight that will endanger its safety, intended performance or configuration. c. Contractor shall be responsible for all errors or omissions caused by its employees, agents, contractors, or assigns in the performance of the Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the Owner. d. Contractor is an independent contractor of Owner. Any and all employees of the Contractor engaged by the Contractor in the performance of any work or services required of the Contractor under this Agreement, shall be considered employees or agents of the Contractor only and not of the Owner, 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 Contractor. DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 Revised 07/20 3 e. If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Contractor represents that it 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. f. The Contractor is responsible for all physical damage to owned or rented machinery, tools, equipment, forms, and other items owned, rented or used by the Contractor and Subcontractor(s) in the performance of the Work including all of Owner’s property in Contractor’s care, custody, or control, and all such property while it is in transit. g. The Contractor is solely responsible for obtaining all permits necessary to complete the Work in compliance with all local, state, and federal laws. 5. PAYMENT & TAXES a. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement, and the Contractor hereby agrees to perform all of the Work for a sum not-to- exceed One Hundred Fifty One Thousand Eight Hundred Thirty Four Dollars ($151,834.00) ( This includes the base bid, plus rails for the ramps, and an allowance of $7,500). Not later than the fifth (5th) day of each calendar month the Contractor shall submit to the Owner’s Representative, generally the architect if an architect is retained on the Work, a Request for Payment for work done during the previous calendar month. i. The Request for Payment shall be in form of a standardized invoice or AIA Document G702-703 appropriately addressed to Owner’s Representative at PO Box 8181, Hillsborough, NC 27278 and shall show substantially the value of work done during the previous calendar month. ii. The amount due for payment shall be ninety-five percent (95%) of the value of work completed since the last Request for Payment and this amount shall be paid by the Owner on or before the last business day of the month. Owner shall retain five percent (5%). 1. Upon Owner’s Representative’s certification that ninety percent (90%) of the Work has been satisfactorily completed retainage may be discontinued. Retainage may be discontinued, at Owner’s Discretion, so long as work continues to be completed satisfactorily and on schedule. iii. Final payment shall not be due to the Contractor until thirty (30) days after one hundred percent (100%) of the Work, including punch list work, has been satisfactorily (as determined by the County) completed and an appropriate affidavit as required in Section 7(c) below has been received by Owner. b. Should Owner reasonably determine that Contractor has failed to perform the Work related to a Request for Payment, Owner, at its discretion may provide the Contractor ten (10) days to cure the breach. Owner may withhold the accompanying payment withou t penalty until such time as Contractor cures the breach. i. Should Contractor or its representatives fail to cure the breach within ten (10) days, or fail to reasonably agree to such modified schedule, Owner may immediately terminate this Agreement in writing, without penalty or incurring further obligation to Contractor. DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 Revised 07/20 4 ii. This section shall not be interpreted to limit the definition of breach to the failure to perform the Work related to a Request for Payment. c. The Contractor has included in the Contract Price and shall pay all taxes assessed by any authority on the Work or the labor and materials used therein. It shall be the Contractor's responsibility to furnish the Owner documentary evidence showing the materials used and sales and use tax paid by the Contractor and each of its subcontractors. 6. INSURANCE AND BONDS a. Minimum requirements – Contractor 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 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 Owner’s Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here N/A (if no additional insurance required mark N/A as being not applicable). Contractor shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. b. Performance Bonds – Contractor shall furnish bonds covering the faithful performance of the Contract and payment of all obligations arising under any of the Contract Documents or related in any way to the Work. Contractor shall immediately furnish a copy of such bonds to any requesting person who appears to be a potential beneficiary of bonds covering payment obligations arising under any of the Contract Documents. This subsection 6(b) applies only to Contracts of fifty thousand dollars ($50,000.00) or more where the total cost for the project is three hundred thousand dollars ($300,000.00) or more. 7. INDEMNITY a. To the extent authorized by North Carolina law the Contractor shall indemnify, without limitation, and hold harmless to the maximum extent permitted by law the Owner and its agents and employees from and against any and all claims, damages, losses and expenses, including attorney's fees, arising out of or resulting from the performance or nonperformance of the Work, provided that any such claim, damages, loss or expense (A) is attributable to bodily injury, sickness, disease or death or injury to, or destruction of, property, including the loss of use resulting therefrom; and (B) is caused in whole or in part by any breach of any provision of the Agreement or by any negligent or wrongful act or omission of the Contractor, any Subcontractor, or supplier of the Contractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The indemnification obligation under this paragraph shall not be limited in any way by any limitation of the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' comp ensation acts, disability benefits acts or other employee benefit acts. It is the intent of this section that the Contractor shall indemnify the County to the maximum extent allowed by law. DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 Revised 07/20 5 b. The Contractor shall indemnify and hold harmless Owner from any lien of whatever type through the purchase of appropriate bonds and insurance as designated in Section 6 above. In the event any such lien is filed against Owner’s property Contractor shall, through such bonds and insurance or at Contractors expense, defend Owner against all such claims of lien. c. Upon completion of the Work the Contractor shall execute an affidavit stating there are no unpaid debts for any work that has been done or materials that have been furnished to the project prior to and as of the date of substantial completion and further stating that Contractor shall indemnify, save and protect Owner and Owner’s lender, if any, harmless from and against any and all claims, liabilities, losses, damages, causes of action, and expenses (including court costs and reasonable attorney’s fees related thereto) arising out of, in connection with, or resulting from any such debts and liens. Such indemnification shall be in a form and substance acceptable to Owner. d. By executing this Agreement Contractor agrees to abide by and be bound by the indemnification provisions herein and of Section 7(c) specifically. 8. DISPUTE RESOLUTION AND GOVERNING LAW a. Any dispute with respect to any provision of, or the performance or non-performance of, this Agreement shall be subject to the Dispute Resolution Rules and Procedures for Orange County Design, Building Construction, Renovation, and Repair Projects. The policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). b. The laws of the State of North Carolina shall apply to the interpretation and enforcement of this Agreement. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or nonperformance of, this Agreement or the Contract shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina and it is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. c. Notice of any claim by Owner or Contractor must be initiated by written notice to the other Party within thirty (30) days of the occurrence of the event giving rise to the claim or within thirty (30) days of the discovery of the event or condition giving rise to the claim, whichever is later. i. Should any claim be made, regardless of whether such claim is made by Owner or Contractor, Contractor shall continue to faithfully and diligently perform the Work in such a manner as to meet all scheduled timelines. Any failure to faithfully and diligently perform the Work may be deemed, by the Owner, a breach of the Contract. ii. If a claim is made such claim shall be made to the initial decision maker, if applicable, who may request more supporting data, reject the claim in whole or in part, approve the claim in whole or in part or advise the parties the claim is unable to be resolved. iii. If a claim is made by the Owner the Owner may, but is not obligated to, notify the surety. 9. NON–APPROPRIATION DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 Revised 07/20 6 a. Contractor acknowledges that Owner 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. b. In the event that public funds are unavailable and not appropriated for the performance of Owner’s obligations under this Agreement, then this Agreement shall automatically expire without penalty to Owner immediately upon written notice to Contractor of the unavailability and non-appropriation of public funds. It is expressly agreed that Owner 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. c. In the event of a change in the Owner’s statutory authority, mandate or mandated functions, by state or federal legislative or regulatory action, which adversely affects Owner’s authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to Owner upon written notice to Contractor of such limitation or change in Owner’s legal authority. 10. NOTICES Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Owner: Contractor: Orange County Harrod and Assoc. Constructors, Inc. Attn: A. Barnes Attn: R. Edward Long P.O. Box 8181 PO Box 90713 Hillsborough, NC 27278 Raleigh, NC 27675-0713 11. MISCELLANEOUS a. Duties and Obligations imposed by the Contract Documents shall be in addition to any Duties and Obligations imposed by state, federal or local law, rules, regulations and ordinances. b. No act or failure to act by the Owner or Contractor shall constitute a waiver of any right or duty granted them under the Contract Documents, nor shall any act or failure to act constitute any approval except as specifically agreed in writing. c. The Work shall be tested and inspected as required by the Contract Documents and as required by law. Unless prohibited by law the costs of all such tests and inspections related to state and federal codes such as ADA, Administrative, Electrical, Plumbing, Mechanical and Building Codes shall be borne by the Contractor. The costs for material and structural testing shall be conducted by an independent third party at the expense of the Owner. Delays related to any of the aforementioned tests and inspections shall not be grounds for delaying the completion of the work. If any such tests and inspections reveal deficiencies in the Work such that the Work does not comply with terms or requirements of the Contract Documents and the requirements of any code or law the Contractor is solely responsible for the cost of bringing such deficiencies into compliance with the terms of the Contract Documents and any code or law. DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 Revised 07/20 7 d. Should the Architect, if an architect is retained for the project involving the Work, or Owner reject any portion of the Work for failing to comply with the Contract Documents Contractor shall immediately, at Contractor’s expense, correct the Work. Any such rejection may be made before or after substantial completion. If applicable, any additional expense borne by the Architect under this section shall be paid at Contractor’s expense. e. The Contractor shall not assign any portion of this Agreement nor subcontract the Work in its entirety without the prior written consent of the Owner. f. By executing this Agreement Contractor affirms that Contractor and any subcontractors of Contractor are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. g. By executing this Agreement Contractor certifies that Contractor has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. h. By executing this Agreement Contractor certifies that Contractor has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. i. The County has designated (Angel Barnes) to act as the County's representative with respect to the Work and shall have the authority to render decisions within guidelines established by the County Manager 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. j. Contractor 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 non- discrimination laws, policies, rules, and regulations and the Orange County Non- Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). Any violation of the Orange County Non-Discrimination Policy 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. k. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. l. In the event of a breach by Contractor Owner has sole authority to determine the reasonableness of Contractor’s actions to remedy such breach or complete the performance of its obligations. m. Upon request of the Owner, the Contractor shall submit to County all relevant documentation, including but not limited to, job cost records, to support its claims for final DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 Revised 07/20 8 compensation and if such request is made final compensation shall not be due until all relevant documentation is received, reviewed, and approved by Owner. 12. CONSEQUENTIAL AND LIQUIDATED DAMAGES a. Owner and Contractor mutually waive any claim against each other for consequential damages. Consequential Damages include: i. Damages incurred by Owner for loss of use, income, financing, or business. ii. Damages incurred by Contractor for office expenses, including personnel, loss of financing, profit, income, business, damage to reputation, or any other non-direct damages. b. Liquidated damages shall be in accord with the Contract Documents. If the Contract Documents do not otherwise address liquidated damages, such damages shall be in the amount of five hundred dollars ($500.00) per day. 13. TERMINATION OR SUSPENSION a. The Owner may, without cause, order the Contractor to terminate, suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. i. If Owner issues a written order to delay, suspend, or interrupt the Work, and such order is not due to or as a result of any fault on the part of the Contractor or any subcontractor, the Contractor may recover a per diem amount of five hundred dollars ($500.00) per day with a not-to-exceed limit of ten thousand dollars ($10,000.00). ii. In the event of termination by the Owner under this Agreement, the Contractor shall be entitled to receive its reasonable and documented direct costs prior to termination, including the cost of materials purchased for the Work which purchases cannot be canceled or which material cannot reasonably be used by the Contractor on other work, and the cost of closing down the work in a safe and efficient manner. iii. If Owner elects to suspend or terminate the contract pursuant to subparagraphs 13.a.i. or 13 a.ii. the sole remedy available to the Contractor are those listed in the subparagraphs and Contractor is not entitled to any right to further claims for any amount owed or disputed or for payment of damages alleged to have been sustained as a result of Owner’s order to delay, suspend, or interrupt the Work. b. The Owner may, with cause, order the Contractor to suspend, delay or interrupt the Work in whole or in part for such period of time as the cause remains. i. If Owner issues a written order to delay, suspend, or interrupt the Work, and such order is due to or as a result of any fault on the part of the Contractor or any subcontractor, the Owner may reduce payment at a per diem amount of five hundred dollars ($500.00) per day. c. Contractor may terminate the Contract if, at the Owner’s written direction, the Work is DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 Revised 07/20 9 stopped for twenty one (21) consecutive days through no act or fault of the Contractor, their agents or employees, or a subcontractor or their agents or employees or any other person performing work pursuant to the Contract Documents. Contractor may terminate the Contract if a Court or other Public authority having jurisdiction enters a lawful order that requires all work to be stopped and such stoppage lasts for twenty one (21) consecutive days. d. Either party may terminate this Agreement upon notice to the other party that obligations pursuant to this Agreement are made impossible due to declarations of emergency by Orange County or by North Carolina due to events directly impacting Orange County. Both parties shall remain responsible for all payment and performance due up to the receipt of such notice, but shall have no further obligation or responsibility beyond that date provided the terminating party has taken all reasonable steps to complete the performance of its obligations. 14. ENTIRE AGREEMENT All of the documents listed, referenced or described in this Agreement, the written Notice-to- Proceed, together with Modifications made or issued in accordance herewith are the Contract Documents, and the work, labor, materials and completed construction required by the Contract Documents and all parts thereof is the Work. The Contract Documents constitute the entire agreement between Owner and Contractor. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. If any provision of the Agreement shall be declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and date first above written wholly or in a number of counterparts each of which shall, without proof or accounting for other counterparts, be deemed an original contract. ORANGE COUNTY CONTRACTOR ____________________________________ ________________________________________ Signature Signature County Manager ________________________________________ Printed Name and Title DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 R. Edward Long 9/8/2020 Vice President 9/8/2020 Revised 07/20 10 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: Harrod and Assoc. Constructors, Inc. Party/Vendor Contact Person: R. Edward Long (elong@harrodandassoc.com) Contact Phone: 919.828.7782 Party/Vendor Address: PO Box 90713 City Raleigh State: NC Zip: 27675-0713 Department: AMS Amount: $151,834 (Base $137,134 + Rails $7200 + Allowance $7500= Total $151,834.00) Purpose: Whitted Building Front Steps & Ramp Improvements Budget Code(s): 61370035-880000-30001 Vendor # 52361 (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date 9/21/2020 Approved by Board Yes No Agenda Date: This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement: Department Director’s Signature ________________________________________ Date: ________ Agreements for emergency services or repair are not subject to the above affirmation. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency co ndition that was addressed: N/A Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board Received for record retention: All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 9/8/2020 9/8/2020 9/8/2020 9/8/2020 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 09/04/2020 Pelnik Insurance 100 Ridgeview Drive Suite 100 Cary NC 27511 Steven Stacy (919) 459-8000 (866) 714-3576 Steve.Stacy@Pelnik.com HARROD AND ASSOC. CONSTRUCTORS, INC PO BOX 90713 RALEIGH NC 27675-0713 Selective Ins Co of America 12572 Builders Mutual Insurance Co 10844 CL2041319511 A S 2162882 04/15/2020 04/15/2021 1,000,000 500,000 15,000 1,000,000 3,000,000 3,000,000 A S 2162882 04/15/2020 04/15/2021 1,000,000 A S 2162882 04/15/2020 04/15/2021 10,000,000 10,000,000 B Y Y PWC1010418 05 04/15/2020 04/15/2021 500,000 500,000 500,000 A Leased/Rented Equipment S 2162882 04/15/2020 04/15/2021 Limit 300,000 Waiver of Subrogation applies in favor of Orange County with respect to the Workers Compensation polocy when required by contract. 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. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 Schedule This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium $ Insurance Company Countersigned by WC 00 03 13 (Ed. 4-84)Copyright 1983 National Council on Compensation Insurance. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. ANY PERSON OR ORGANIZATION WHEN REQUIRED BY WRITTEN CONTRACT DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 drawnThe use of these plans and specifications shall be restrictedto the original site for which they were prepared andpublication thereof is expressly limited to such use. Re-use,reproduction, or publication by any method, in whole or inpart, is prohibited. Title to the plans and specificationsremain in the architect without prejudice. It is to be returnedupon request to the architect. Visual contact with thoseplans and specifications shall constitute prima facieevidence of the acceptance of these restrictions.revisionsno.totalsheetproject no.checkeddate06/26/20201910Set for Construction222 cloister courtchapel hill, nc 27514919.401.8586www.cra-ae.comWest Tryon St Hillsborough, North CarolinaJRPMLH DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 drawnThe use of these plans and specifications shall be restrictedto the original site for which they were prepared andpublication thereof is expressly limited to such use. Re-use,reproduction, or publication by any method, in whole or inpart, is prohibited. Title to the plans and specificationsremain in the architect without prejudice. It is to be returnedupon request to the architect. Visual contact with thoseplans and specifications shall constitute prima facieevidence of the acceptance of these restrictions.revisionsno.totalsheetproject no.checkeddate6/26/20201910Set for Construction222 cloister courtchapel hill, nc 27514919.401.8586www.cra-ae.comWest Tryon St Hillsborough, North CarolinaJRPMLH DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 RECREATION BUILDINGTWO STORY BRICKdrawnThe use of these plans and specifications shall be restrictedto the original site for which they were prepared andpublication thereof is expressly limited to such use. Re-use,reproduction, or publication by any method, in whole or inpart, is prohibited. Title to the plans and specificationsremain in the architect without prejudice. It is to be returnedupon request to the architect. Visual contact with thoseplans and specifications shall constitute prima facieevidence of the acceptance of these restrictions.revisionsno.totalsheetproject no.checkeddate08/05/20201910Set for Construction222 cloister courtchapel hill, nc 27514919.401.8586www.cra-ae.comWest Tryon St Hillsborough, North CarolinaJRPMLHSITE PLAN1 ADDENDUM #1 REVIEW 08/07/20111DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 drawnThe use of these plans and specifications shall be restrictedto the original site for which they were prepared andpublication thereof is expressly limited to such use. Re-use,reproduction, or publication by any method, in whole or inpart, is prohibited. Title to the plans and specificationsremain in the architect without prejudice. It is to be returnedupon request to the architect. Visual contact with thoseplans and specifications shall constitute prima facieevidence of the acceptance of these restrictions.revisionsno.totalsheetproject no.checkeddate6/26/20201910Set for Construction222 cloister courtchapel hill, nc 27514919.401.8586www.cra-ae.comWest Tryon St Hillsborough, North CarolinaJRPMLH DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 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DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 file name: 1910-Addendum 1.docx page 1 of 1 cra 222 cloister court | chapel hill, nc 27514 | t: 919.401.8586 www.cra-ae.com Addendum #1 date August 13, 2020 project Improvements to Whitted Steps West Tryon Street Hillsborough, North Carolina cra project # 1910 MODIFICATIONS TO THE CONTRACT DOCUMENTS FOR THE ABOVE-NAMED PROJECT SHALL BE MADE AS DESCRIBED BELOW AND SHALL BE INCLUDED IN THE BID AMOUNTS. A. PRE-BID CONFERENCE The Pre-Bid Conference was held at 2:00 pm , Tuesday, August 4, 2020 at the front of the Whitted Building., Hillsborough, North Carolina. The minutes from this meeting are attached. B. DRAWINGS Sheet C2.0-Overall Site Plan: Added note to show the limits of the asphalt overlay area. Added new spot elevations to show elevations on the new ramps and sidewalk. Added limits of new sidewalk to run down past the existing ramp which is to be removed in the demolition. C. CLARIFCATIONS New crepe myrtle’s shall be a 2 ½ “ to 3 “ caliper ball and burlap. Brick shall be Pine Hall Wirecut F/R Modular or equal. END OF ADDENDUM Attachments: Pre bid meeting minutes Plan sheet addendum changes DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 Revised 07/20 ORANGE COUNTY NORTH CAROLINA DISPUTE RESOLUTION RULES AND PROCEDURES FOR ORANGE COUNTY DESIGN, BUILDING CONSTRUCTION, RENOVATION, AND REPAIR PROJECTS RULE 1. INITIATING MEDIATED SETTLEMENT CONFERENCES A. Purpose of Mandatory Settlement Conferences. Pursuant to G.S. §143-128(f1) and 143- 135.26(11), these Rules are promulgated to implement a mediated settlement program designed to focus the parties’ attention on settlement rather than on claim preparation and to provide an opportunity for orderly settlement negotiations to take place. Nothing herein is intended to limit or prevent the parties from engaging in settlement procedures voluntarily at any time prior to or during commencement of the dispute resolution process. B. Initiating the Dispute Resolution Process 1. Any party to a County public construction contract (referred to herein generally as the “Contract”) governed by Article 8. Ch. 143 of the General Statutes and identified in G.S. § 143- 128(f1) and who is a party to a dispute arising out of the Contract and the construction process in which the amount in controversy is at least $15,000 may submit a written request to the County for mediation of the dispute. 2. Prior to submission of a written request for mediation to the County, the party requesting mediation should give notice of any and all claims in accordance with their respective contracts, obtain decisions on the claims as required or allowed by their respective contracts, and attempt to resolve the dispute according to the terms and conditions in their respective contracts. The Mediator may adjourn any mediated settlement conference if the Mediator believes, in his or her sole discretion, that the parties have not satisfied all of the terms and conditions of their respective contracts and that doing so will enhance the prospects for a negotiated settlement. C. Condition Precedent to Litigation. Before any party to a Contract may commence a civil action against the County seeking remedies for breach or non-performance of the Contract by the County, said party must first initiate the dispute resolution process under these rules and attend and participate in good faith in the mediated settlement conference. RULE 2. SELECTION OF MEDIATOR A. Mediator Listing. A List of Mediators acceptable to the County is maintained by the County Attorney and that list is incorporated by reference into these Rules. B. Selection of Mediator. The party requesting mediation shall select a Mediator from the List of Mediators and shall file, with the County, a Notice of Selection of Mediator within 21 days of the request for mediation. Such notice shall state the name, address, and phone number of the Mediator selected. If DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 Revised 07/20 the Mediator selected is not available or declines to participate for any reason, the requesting party shall select another person from the List of Mediators. If the party requesting mediation does not select and designate a mediator within 21 days of the request for mediation, the County shall have the right in its absolute discretion to appoint a mediator from its List of Mediators. C. Disqualification of Mediator. Any party may request replacement of the Mediator for good cause. Nothing in this provision shall preclude Mediators from disqualifying themselves. RULE 3. THE MEDIATED SETTLEMENT CONFERENCE A. Where Conference is to be Held. Unless all parties and the Mediator otherwise agree, the mediated settlement conference shall be held in county seat of Orange County. The Mediator shall be responsible for reserving a place, making arrangements for the conference, and giving timely notice of the time and location of the conference to all attorneys, unrepresented parties and other persons or entities required to attend. B. When Conference is to be Held. The mediation shall be completed within 90 days after selection of the Mediator unless all parties to the mediation agree to a different schedule. C. Request to Accelerate or Extend Deadline for Completion. Any party or the Mediator may request the County to accelerate or extend the deadline for completion of the conference. Such request shall state the reasons the acceleration or extension is sought and shall be served by the moving party upon the other parties and the Mediator. Objections to the request must be promptly communicated to the County and to the Mediator. The County, with the concurrence of the designated Mediator, may grant the request by adjusting the time for completion of the conference. D. Recesses. The Mediator may recess the mediation conference at any time and may set times for reconvening. If the Mediator determines the time and place where the conference is to reconvene before the conference is recessed, no further notice is required to persons present at the conference. E. Project Delay. The mediated settlement conference that results from a construction contract dispute shall not be cause for the delay of the construction project. RULE 4. DUTIES OF PARTIES AND OTHER PARTICIPANTS IN FORMAL DISPUTE RESOLUTION PROCESS A. Attendance. 1. All parties to the dispute must designate an official representative to attend the mediation. 2. “Attendance” means physical attendance, not by telephone or other electronic means. Any attendee representing a party must have authority from that party to bind it to any agreement reached as a result of the mediation. 3. Attorneys representing parties may attend the mediation, but are not required to do so. DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 Revised 07/20 4. Sureties and insurance company representatives are required to physically attend the mediation unless the Mediator and all of the other parties to the mediation excuse their attendance or consent to their attendance by telephone or other electronic means. 5. The parties who attend a duly scheduled mediation conference shall have the right to recover their share of the Mediator’s compensation from any party or parties who fail to attend the conference without good cause. B. Finalizing Agreement. If an agreement is reached in the conference, the terms of the agreement shall be confirmed in writing and signed by all parties. C. Payment of Mediation Fee: Mediation Fees charged by the Mediator shall be paid in accordance with G.S. § 143-128(f1). D. Failure to Compensate Mediator. Any party’s failure to compensate the Mediators in accordance with G.S. § 143-128(f1) shall subject that party to a withholding by the County of said amount of money from the party’s payment or any other moneys owed by that party to the County. Should the County fail to compensate the Mediator, it shall hereby be subject to a civil cause of action from the Mediator for the County’s portion of the Mediator’s total fee as required by G.S. § 143-128(f1). RULE 5. AUTHORITY AND DUTIES OF MEDIATORS A. Authority of Mediator. 1.Control of Conference. The Mediator shall at all times be in control of the conference and the procedures to be followed. 2.Private Consultation. The Mediator may communicate privately with any participant or counsel prior to and during the conference. The fact that private communications have occurred with a participant shall be disclosed to all other participants at the beginning of the conference. 3.Scheduling the Conference. The Mediator shall make a good faith effort to schedule the conference at a time that is convenient with the participants, attorneys and Mediator. In the absence of agreement, the Mediator shall select the date for the conference. 4.Determining good cause for a party’s failure to appear at a scheduled mediation conference. B.Duties of Mediator. 1.The Mediator shall define and describe the following at the beginning of the conference: a.The process of mediation. b.The difference between mediation and other forms of conflict resolution. c.The costs of the mediated settlement conference. d.That the mediated settlement conference is not a trial, the Mediator is not a judge, and the parties retain their legal rights if they do not reach settlement; however, the DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 Revised 07/20 Mediator will advise all parties that failure to appear at mediation without good cause may result in imposition of sanctions and may be asserted as a bar to lawsuits by claimants who have failed to exhaust this administrative remedy. e.The circumstances under which the Mediator may meet and communicate privately with any of the parties or with any other person. f.Whether and under what conditions communications with the Mediator will be held in confidence during the conference. g.The inadmissibility of conduct and statements as provided by G.S. §7A-38.1(1). h.The duties and responsibilities of the Mediator and the participants. i.That any agreement reached will be reached by mutual consent. 2. Disclosure: The Mediator has a duty to be impartial and to advise all participants of any possible bias, prejudice or partiality. 3. Declaring Impasse: The Mediator may determine at any time during the mediation conference that an impasse exists and that the conference should end. 4. Reporting Results of Conference. The Mediator shall submit a written report to the County and the other parties within 10 days of the conference stating whether or not the parties reached an agreement. The Mediator’s report shall indicate the absence of any party from the mediated settlement conference without permission or good cause. 5. Scheduling and Holding the Conference. It is the duty of the Mediator to schedule the conference and conduct it prior to the deadline of completion set by the rules. The Mediator shall strictly observe deadlines for completion of the conference unless said time limit is changed by agreement of the parties. RULE 6. COMPENSATION OF THE MEDIATOR The parties shall compensate the Mediator for mediation services at the rate proposed by the Mediator and agreed to by the parties at the time the Mediator is selected. RULE 7. RULE MAKING These Rules may be amended by the County at any time. Amendments will not affect mediations where claims or requests for mediation have been filed at the time the amendment takes effect . RULE 8. DEFINITIONS A. “County” shall mean Orange County North Carolina. B. “Project Designer” is that person or firm stipulated as project designer in the Contract Documents for the project. DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98 Revised 07/20 C. “Claim” is a demand or assertion by a party seeking adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term “Claim” also includes other disputes and matters in question between the parties to a Contract involved in the County’s building construction renovation and repair projects arising out of or relating to the Contract or the construction process. Claims must be initiated by a written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. D. “Good Cause” generally includes any circumstance beyond the control of a party, which prevents that party from meeting obligations. When good cause is asserted as an excuse for a party’s failure to appear at a mediation conference or to otherwise comply with the requirements of these Rules, the Mediator, in his or her sole discretion, will determine whether good cause exists to excuse the party’s failure to appear or otherwise comply with these rules. RULE 9. TIME LIMITS A. Any time limit provided for by these Rules may be waived or extended at the sole discretion of the County, if no Mediator has been selected, and at the discretion of the County with concurrence of the Mediator if a Mediator has been selected. DocuSign Envelope ID: 0A6DFC39-3D85-4A4A-988A-0BA31AA3CD98