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HomeMy WebLinkAbout2022-189-E-AMS-Jernigan Kester LLC dba J Kester & Rose-Efland EMS Station and Medical Examiners QuartersRevised 06/21 ORANGE COUNTY CHANGE ORDER REQUEST NORTH CAROLINA ______________________________________________________________________________________________________________ Date: May 16, 2022 Project: Efland EMS Substation & Medical Examiner's Quarters Change Order No. 01 Department: Asset Management Services Department Address: 300 W. Tryon Street, Hillsborough NC 27278 Project: Efland EMS Station and Medical Examiners Quarters Contractor: Jernigan Kester LLC dba J Kester & Rose Contractor Address: 119 S. Fuquay Avenue Fuquay-Varina, NC 27526 Effective date of original contract: May 4, 2022 This change order increases decreases the contract time by days. Check here if no impact to contract time . Will this change order impact the date of substantial completion? Yes No. If yes, the amended date of substantial completion is: _______________________________________________________________________________________________________________ Full Description of Change: This change order is to correct the spelling of the general contractor's business name. The contract was issued to Jerrigan Kester LLC, the correct name is Jernigan Kester LLC dba J Kester & Rose. Reason for Change: Administrative Change to correct the general contractor's business name spelling. _______________________________________________________________________________________________________________ Original contract sum: $ 5,564,319.00 Contract sum prior to this change order: $ 5,564,319.00 Amount of this change order: $ 0.00 Total sum of the contract including this change order: $ 5,564,319.00 _______________________________________________________________________________________________________________ This change order is executed to amend the contract time or contract sum. It shall not be construed to impact the original contract, project, services, or work in any other manner. All other terms of the Original Contract remain in effect. Approved and executed this 16th day of May, 2022. _______________________________ _____________________________ _____________________________ Contractor Owner Architect (when retained) By:____________________________ By:___________________________ By:___________________________ DocuSign Envelope ID: D14CEB36-3A5D-4960-8FE4-C29D1FBF03AD 5/16/2022 President 5/18/2022 County Manager Revised 06/21 DocuSign Envelope ID: D14CEB36-3A5D-4960-8FE4-C29D1FBF03AD Revised 06/21 ORANGE COUNTY—DEPARTMENT USE ONLY _____________________________________________________________________________________________________ Party/Vendor Name: Jernigan Kester LLC dba J Kester & Rose Party/Vendor Contact Person: Ken Fain, Ken@jkrcontracting.com Contact Phone: 919.678-8868 Party/Vendor Address: 119 S. Fuquay Ave. City Fuquay-Varina State: NC Zip: 27526 Department: AMS/ES Amount: 0.00 Purpose: Efland EMS Station & ME - Change Order 1 - Correct General Contractor's Business Name on the contract Budget Code(s): Amount: $5,564,319.00 Purpose: Efland EMS Station and Medical Examiners Quarters Budget Code(s): Vendor # 67171 (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date 5/16/2022 Approved by Board Yes No Agenda Date: 5/3/2022 --- For Section XIV. c. contracts only, Approved by Board in Current FY Budget Yes No This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this pro ject 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 condition 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: D14CEB36-3A5D-4960-8FE4-C29D1FBF03AD 5/16/2022 5/17/2022 5/17/2022 5/18/2022 04/14/2022 Creative Insurance Solutions 1321 N. Main Street Fuquay Varina NC 27526 Rhonda Ward (919) 557-9085 (919) 557-5670 clcsr@creativeinsurancesolutions.com JERNIGAN KESTER LLC DBA J KESTER & ROSE 119 S FUQUAY AVE FUQUAY VARINA NC 27526-2210 Selective Insurance Co of America 12572 CL2221514611 A S 2482491 05/10/2021 05/10/2022 1,000,000 500,000 15,000 1,000,000 3,000,000 3,000,000 A S 2482491 05/10/2021 05/10/2022 1,000,000 A S 2482491 05/10/2021 05/10/2022 6,000,000 6,000,000 A Y WC 9072693 05/10/2021 05/10/2022 1,000,000 1,000,000 1,000,000 A Contractor's rented/leased equipment S 2482491 05/10/2021 05/10/2022 Limit 25,000 Bid No 367-OC 5346 Architect’s Project No. 1637 Located at 3800 US HWY 70, Efland NC 27243 Orange County, North Carolina 300 West Tryon Street 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: D14CEB36-3A5D-4960-8FE4-C29D1FBF03AD Revised 06/21 1 [Departmental Use Only] TITLE Efland EMS & ME FY 2021-2022 NORTH CAROLINA CONSTRUCTION AGREEMENT OVER $250,000.00 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter called “Agreement”), made as of the 4th day of May, 2022, by and between Jerrigan Kester, LLC dba J. Kester & Rose, (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 General Conditions which are fully incorporated in this Agreement, the Request for Proposals, designer approved communications and field orders, the Proposal, Construction Documents and Drawings and Written Specifications. The Contract Documents form the Contract. In the event of a ny inconsistency between or among the Contract Documents the Contract Documents shall be interpreted in the following order of priority: a. This Agreement and incorporated General Conditions attached as Exhibit 1. b. Designer approved and stamped construction documents and drawings and written specifications. c. Designer approved communications and field orders. d. Request for Proposals and addenda thereto. e. Proposal. 2. SCOPE OF WORK The Contractor shall furnish and deliver all of the materials, and perform, and be fully responsible for 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 Stewart-Cooper-Newell Architects (Sheet 0.00 Cover Sheet, 1.00 Apendix B, 1.10 Life Safety Plan, 1.70 Wall Types, 1.71 UL Detail & Assembly Types, C-000 COVER SHEET, C-001 PROJECT NOTES C-100 OVERALL EXISTING CONDITIONS PLAN, C-110 EXISTING CONDITIONS PLAN, C-210 SITE DEMOLITION PLAN, C-300 OVERALL SITE LAYOUT PLAN, C-310 SITE LAYOUT PLAN, C-410 EROSION CONTROL PLAN - STAGE 1, C-411 EROSION CONTROL PLAN - STAGE 2, C-412 EROSION CONTROL PLAN - STAG,E 3, C-413 EROSION CONTROL PLAN - DocuSign Envelope ID: 40CF07BE-0F08-4B66-B4FD-884A0A07C01CDocuSign Envelope ID: D14CEB36-3A5D-4960-8FE4-C29D1FBF03AD Revised 06/21 2 STAGE 4, C-421 EROSION CONTROL PLAN - NPDES NOTES, C-422 EROSION CONTROL PLAN - NPDES NOTES, C-510 GRADING PLAN, C-710 SITE UTILITY PLAN, C-900 SITE DETAILS, C-910 EROSION CONTROL DETAILS, C-911 EROSION CONTROL DETAILS, C-912 EROSION CONTROL DETAILS, C-920 STORM DRAINAGE DETAILS, C-930 SITE UTILITIES DETAILS, C-931 SITE UTILITIES DETAILS, C-932 SITE UTILITIES DETAILS, L4.0 PLANTING PLAN, L4.1 PLANTING NOTES & DETAILS, STRUCTURAL 3.00 GENERAL NOTES, SCHEDULES, AND TYPICAL DETAILS, 3.01 LIGHT GAUGE HEADER SILL & JAMB SCHEDULED AND LINTEL SCHEDULE AND DETAILS, 3.10 FOUNDATION PLAN, 3.20 ROOF FRAMING PLAN, 3.40 FRAMING ELEVATIONS, 3.41 FRAMING ELEVATIONS, 3.42 MASONRY WALL REINFORCING DETAILS, 3.50 DUMPSTER ENCLOSURE PLAN, SECTIONS AND DETAILS, 3.70 WALL SECTIONS, 3.71 WALL SECTIONS, 3.72 WALL SECTIONS, 3.73 WALL SECTIONS, 3.74 WALL SECTIONS, 3.75 WALL SECTIONS, 3.76 WALL SECTIONS, 3.77 WALL SECTIONS, 3.78 WALL SECTIONS, 3.79 PATIO SECTION, ARCHITECTURAL 4.10 DIMENSION FLOOR PLAN, 4.11 FLOOR PLAN NOTES, 4.20 PLAN DETAILS, 4.21 PATIO PLAN AND DETAILS, 4.22 ENCLOSURE PLAN & DETAILS, 4.30 ROOF PLAN, 4.31 ROOF DETAILS, 4.70 DOOR AND HARDWARE SCHEDULES, 4.71 DOOR AND WINDOW SCHEDULE, 4.72 HEAD JAMB & SILL DETAILS, 4.73 HEAD JAMB & SILL DETAILS, 4.74 HEAD JAMB & SILL DETAILS, 4.80 ENLARGED TOILET PLANS, 4.81 ENLARGED MORGUE PLAN, 5.10 ELEVATIONS, 5.20 BUILDING SECTIONS, 5.30 WALL SECTIONS, 5.31 WALL SECTIONS, 5.32 WALL SECTIONS, 5.40 PRECAST ENTRY ELEVATION AND DETAILS, 6.10 REFLECTED CEILING PLAN, 6.11 BULKHEAD DETAILS, 7.10 FINISH PLAN, 7.11 FINISH DETAILS, 7.20 CASEWORK DETAILS, 7.21 CASEWORK DETAILS, 7.22 CASEWORK DETAILS, PLUMBING 8.01 PLUMBING LEDEND, NOTES, AND SPECIFICATIONS, 8.02 PLUMBING SCHEDULES, 8.03 PLUMBING DETAILS, 8.10 DRAINAGE FLOOR PLAN - PLUMBING, 8.20 WATTER SUPPLY FLOOR PLAN - PLUMBING, 8.30 NATURAL GAS FLOOR PLAN - PLUMBING, FIRE PROTECTION 8.50 FIRE PROTECTION LEGEND, NOTES, AND SPECIFICATIONS, 8.51 FIRE PROTECTION DETAILS, 8.60 FLOORPLAN - FIRE PROTECTIONS, MECHANICAL 9.01 NOTES AND LEGEND - MECHANICAL, 9.02 NOTES AND SCHEDULES - MECHANICAL, 9.03 VENTILATION CALCULATIONS - MECHANICAL, 9.10 FLOOR PLAN - MECHANICAL, 9.20 DETAILS - MECHANICAL, 9.21 DETAILS - MECHANICAL, ELECTRICAL 10.00 ELECTRICAL SYMBOL LEGEND, 10.01 ELECTRICAL SPECIFICATIONS, 10.02 ELECTRICAL SPECIFICATIONS & DETAILS, 10.10 ELECTRICAL SITE PLAN, 10.11 ELECTRICAL SITE PLAN - PHOTOMETRICS, 10.20 CELAING PLAN - LIGHTING, 10.30 FLOOR PLAN - POWER, 10.40 CEILING PLAN - SYSTEMS, 10.60 ELECTRICAL DETAILS, 10.61 ELECTRICAL DETAILS, 10.62 ELECTRICAL DETAILS, 10.63 ELECTRICAL DETAILS, 10.64 ELECTRICAL DETAILS, 10.70 LIGHTING SCHEDULE, 10.80 POWER RISER DIAGRAM, 10.81 PANEL SCHEDULES, 10.90 PV SPECIFICATIONS, 10.91 PV SINGLE LINE DIAGRAM & DETAILS, 10.92 PV ROOF PLAN dated June 11, 2021) b. Written specifications prepared by the Designer. c. Jerrigan Kester, LLC dba J. Kester & Rose proposal dated April 12, 2022 which fully describes the work to be performed, such work (hereinafter called the “Work”). d. Related documents listed under Section 1 above. DocuSign Envelope ID: 40CF07BE-0F08-4B66-B4FD-884A0A07C01CDocuSign Envelope ID: D14CEB36-3A5D-4960-8FE4-C29D1FBF03AD Revised 06/21 3 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 included by August 7, 2023. c. Time is of the essence with respect to all dates specifi ed 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. 4. STANDARD OF CARE AND DUTIES OF CONTRACTOR a. The Contractor shall exercise reasonable care and diligence in performing the Work in accordance with the 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 Contractor, Subcontractor, and Sub-subcontractor errors or omissions, in the performance of the Agreement together with the errors and omissions of any agent or employee of the Contractor or any Subcontractor or Sub-subcontractor. 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. e. Contractor shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limit ed 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. f. If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Contractor represents that it and its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials DocuSign Envelope ID: 40CF07BE-0F08-4B66-B4FD-884A0A07C01CDocuSign Envelope ID: D14CEB36-3A5D-4960-8FE4-C29D1FBF03AD Revised 06/21 4 and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. g. The Contractor shall supervise and direct the Work efficiently and with the Contractor’s best skill and attention. Except as specifically set forth in the Contract Documents the Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, and for safety precautions and programs in connection with the Work. The Contractor shall be responsible to see that the finished Work complies accurately with the Contract Documents. h. The Contractor shall appoint a competent Project Manager with general authority to manage the Project for the Contractor. The Contractor shall also keep on the Project at all times during the Work of the Contractor a competent Resident Superintendent and nec essary assistants who shall not be replaced without prior written approval by the Designer or by the Owner if a Designer is not retained for the Project. i. If, in the opinion of the Designer, any Subcontractor on the Project is incompetent or otherwise unsatisfactory, such Subcontractor shall be replaced by the Contractor with no increase in the Contract Price if and when directed by the Designer. j. The Contractor shall attend all progress conferences and all other meetings or conferences. The Contractor shall be represented at these progress conferences by a representative having the authority of the Project Manager and by such other representatives as the Designer may direct. k. Costs and expenses of providing samples for and assistance in any testing shall be borne by the Contractor. Any Work in which untested materials are used without written approval or written permission of the Owner or Designer shall be removed and replaced at Contractor’s expense. l. The Contractor shall obtain all necessary permits including all permits required to complete the Work in compliance with local, state, and federal law. 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 p erform all of the Work for a sum not-to- exceed Five Million, Five Hundred Sixty Four, Three Hundred Nineteen Dollars ($5,564,319.00). Not later than the fifth (5th) day of each calendar month the Contractor shall submit to the Owner’s Representative, generally the Designer if a Designer 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 Stewart-Cooper- Newell Architects, 712 E. Second Ave., Gastonia, NC 28054 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 DocuSign Envelope ID: 40CF07BE-0F08-4B66-B4FD-884A0A07C01CDocuSign Envelope ID: D14CEB36-3A5D-4960-8FE4-C29D1FBF03AD Revised 06/21 5 Owner on or before the last business day of the month. Owner shall retain five percent (5%) (the “Retainage”). (1) Upon Owner’s Representative’s certification that fifty percent (50%) of the Work has been satisfactorily completed Retainage shall be reduced to two and one half percent (2½%). (2) 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. (3) The Owner may discontinue withholding retainage in accordance with the provisions of NCGS-143-(b1)(2) when the project is 50% complete. (iii) Final payment shall not be due to the Contractor until thirty (30) days after Final Completion of the Work, including punch list work, has been satisfactorily (as determined by the County) completed and an appropriate Affidavit, Indemnification, and Release as required in Section 5.4(e) of Exhibit 1 has been received and approved 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 without 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. (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 mate rials 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. d. Should the Owner receive notice that the Contractor has failed to pay a Subcontractor for the Work performed related to a Request for Payment, Owner shall have the authority to withhold payment of the disputed amount until parties resolve their dispute. Failure to pay the Contractor pursuant to this section of the Agreement shall not be deemed to be a breach of the Agreement. 6. NON–APPROPRIATION a. Contractor acknowledges that Owner is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under th e authority of its statutory mandate. DocuSign Envelope ID: 40CF07BE-0F08-4B66-B4FD-884A0A07C01CDocuSign Envelope ID: D14CEB36-3A5D-4960-8FE4-C29D1FBF03AD Revised 06/21 6 b. In the event that public funds are unavailable or 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 or 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. 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 s hall automatically terminate without penalty to Owner upon written notice to Contractor of such limitation or change in Owner’s legal authority. 7. NOTICES Any notice required by this Agreement shall be in writing and delivered by certified or registered m ail, return receipt requested to the following: Owner: Contractor: Orange County Jerrigan Kester, LLC dba J. Kester & Rose Attn: A. Barnes Attn: James Kester; President P.O. Box 8181 119 S. Fuquay Avenue Hillsborough, NC 27278 Fuquay-Varina, NC 27526 8. 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, Elect rical, 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. d. Should the Designer, if a Designer 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 Designer under this section shall be paid at Contractor’s expense. DocuSign Envelope ID: 40CF07BE-0F08-4B66-B4FD-884A0A07C01CDocuSign Envelope ID: D14CEB36-3A5D-4960-8FE4-C29D1FBF03AD Revised 06/21 7 e. The County has designated (Angel Barnes) to act as the County's representative with respect to the Project and shall have the authority t o 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. f. 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. g. 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. h. 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 compensati on and if such request is made final compensation shall not be due until all relevant documentation is received, reviewed, and approved by Owner. 9. CONSEQUENTIAL 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. 10. 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 or General Conditions shall be declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and e ffect. [SIGNATURE PAGE TO FOLLOW] DocuSign Envelope ID: 40CF07BE-0F08-4B66-B4FD-884A0A07C01CDocuSign Envelope ID: D14CEB36-3A5D-4960-8FE4-C29D1FBF03AD Revised 06/21 8 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and date first above written in a number of counterparts, each of which shall, without proof or accounting for other counterparts, be deemed an original contract. ORANGE COUNTY: CONTRACTOR: By: _________________________________ Bonnie Hammersley; County Manager By: __________________________________ James Kester; President Printed Name and Title DocuSign Envelope ID: 40CF07BE-0F08-4B66-B4FD-884A0A07C01C 5/5/20225/10/2022 DocuSign Envelope ID: D14CEB36-3A5D-4960-8FE4-C29D1FBF03AD Revised 06/21 9 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: Jerrigan Kester, LLC dba J. Kester & Rose Party/Vendor Contact Person: Ken Fain (Ken@jkrcontracting.com) Contact Phone: 919.678-8868 Party/Vendor Address: 119 S. Fuquay Ave. City Fuquay-Varina State: NC Zip: 27526 Department: AMS Amount: $5,564,319.00 Purpose: Efland EMS Station and Medical Examiners Quarters Budget Code(s): 61370035-880001-10053 Vendor # 67171 (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date 5/4/2022 Approved by Board Yes No Agenda Date: May 3, 2022 --- For Section XIV. c. contracts only, Approved by Board in Current FY Budget Yes No 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 condition that was addressed: N/A Risk Management This agreement is approved for sufficiency of insurance stand ards, 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 Docusi gn contracts: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: 40CF07BE-0F08-4B66-B4FD-884A0A07C01C 5/5/2022 5/6/2022 5/10/2022 5/10/2022 DocuSign Envelope ID: D14CEB36-3A5D-4960-8FE4-C29D1FBF03AD 05/05/2022 Creative Insurance Solutions 1321 N. Main Street Fuquay Varina NC 27526 Rhonda Ward (919) 557-9085 (919) 557-5670 rhonda@creativeinsurancesolutions.com JERNIGAN KESTER LLC DBA J KESTER & ROSE 119 S FUQUAY AVE FUQUAY VARINA NC 27526-2210 Selective Insurance Co of America 12572 CL2242614898 A S 2482491 05/10/2022 05/10/2023 1,000,000 500,000 15,000 1,000,000 3,000,000 3,000,000 A S 2482491 05/10/2022 05/10/2023 1,000,000 AUTO ELITE PAC A S 2482491 05/10/2022 05/10/2023 6,000,000 6,000,000 A Y WC 9072693 05/10/2022 05/10/2023 1,000,000 1,000,000 1,000,000 A Contractor's rented/leased equipment S 2482491 05/10/2022 05/10/2023 Limit 25,000 Bid No 367-OC 5346 Architect’s Project No. 1637 Located at 3800 US HWY 70, Efland NC 27243 Orange County, North Carolina 300 West Tryon Street 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: D14CEB36-3A5D-4960-8FE4-C29D1FBF03AD