The URL can be used to link to this page

Agenda 2018 10-15AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC WOODY WHITE, CHAIRMAN - SKIP WATKINS, VICE- CHAIRMAN JONATHAN BARFIELD, JR., COMMISSIONER - PATRICIAKUSEK, COMMSSIONER- ROB ZAPPLE, COMMSSIONER ;HRIS COUDRIET, COUNTY MANAGER- WANDACOPLEY, COUNTYATTORNEY- KYMCROWELL, CLERK TO THE BOARD OCTOBER 15, 2018 9:00 AM PLEASE NOTE: The meeting will take place in the government center training rooms, 230 Government Center Drive, Suite 135. MEETING CALLED TO ORDER (Chairman Woody White) I NVOCATI ON (Pastor Thomas Nixon, St. Stephen A.M.E. Church) PLEDGE OF ALLEGIANCE (Commissioner Jonathan Barfield, Jr.) APPROVAL OF CONSENTAGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Adoption of 2019 Schedule of Agenda Review and Regular Board of Commissioners Meetings 3. Adoption of State Road Resolution 4. Adoption of Adoption Awareness Month Proclamation ESTIMATED REGULARAGENDAITEMS OF BUSINESS MI NUTES 20 5. FEMA Hurricane Florence Recovery Debrief 10 6. Presentation of 2018 Federal Credit Union Excellence in Innovation Awards to New Hanover County Sheriff's Office and Fire Rescue 5 7. Consideration of Domestic Violence Awareness Month Proclamation 10 8. Presentation of Service Awards and Introduction of New Employees 10 9. New Hanover County Tourism Development Authority Annual Update 10 10. Consideration of Award of Construction Manager At Risk Services Contract for the New Hanover County Division of Juvenile Justice Facility Project to Bordeaux Construction Company, Inc. 5 11. Committee Appointments PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes Board of Commissioners - October 15, 2018 ESTIMATED ADDITIONAL AGENDA ITEMS OF BUSINESS MI NUTES 12. ADJOURN 13. Additional Items County Manager County Commissioners Clerk to the Board County Attorney Note: Minutes listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. M ission New Hanover County is committed to progressive public policy, superior service, courteous contact, judicious exercise of authority, and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow. Vision A vibrant prosperous, diverse coastal community, committed to building a sustainable future for generations to come. Core Values Integrity -Accountability - Professionalism - Innovation - Stewardship Board of Commissioners - October 15, 2018 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 15, 2018 CONSENT DEPARTIVIFNE Governing Body PRESENIFR(S): Kym Crowell, Clerk to the Board CONUCT(S): Kym Crowell SUBJECT: Approval of Minutes BRIEF SUNMJARY: Approve minutes from the following meetings: Agenda Review held on September 27, 2018 Regular Meeting held on October 1, 2018 STRATEGIC PLAN ALIC NIVIHNI: Superior Public Health, Safety and Education • Keep the public informed on important information RECOI AMNDED MOTION AND REQUEST® ACTIONS: Approve minutes. COUNTY MANA WS COnM9EVIS AND RECOMDVE RATIONS: (only Manager) CONAIISSIONERS' ACIIONS: Approved 5 -0. Board of Commissioners - October 15, 2018 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 15, 2018 CONSENT DEPARMVIFNR Governing Body PRESEVMt(S): Kym Crowell, Clerk to the Board CONTACT(S): Kym Crowell SUBJECT: Adoption of 2019 Schedule of Agenda Review and Regular Board of Commissioners Meetings BRIEF SUNP ARY: The attached draft schedule of the 2019 Agenda Review and Regular Board of Commissioners Meetings is submitted for adoption. Please note the following: • Tuesday, January 22nd- Regular meeting to be held on Tuesday to accommodate the Martin Luther King, Jr. holiday on Monday. • March Meetings — Two agenda review meetings (March 14th and 28th) and one regular meeting (March 18th) to accommodate the NACo Legislative Conference. • Tuesday, September 3rd — Regular meeting to be held on Tuesday to accommodate Labor Day holiday on Monday. • Monday, July 22nd — The second regular meeting of the month will occur on the fourth Monday to accommodate the NACo Annual Conference. • Tuesday, November 26th — Agenda review to be held on Tuesday to accommodate the Thanksgiving holiday. STRATEGIC PLAN ALIGNN Nr: Superior Public Health, Safety and Education • Keep the public informed on important information RECONFUENDED MOTION AND REQUESTED ACTIONS: Approve the 2019 Calendar of Agenda Review and Regular Board of Commissioners Meetings. ATrACHNIFNIS: 2019 Schedule of Agenda Review and Regular Board of Commissioners Meetings COUNTY MANA, � S CONIlV NIS AND RECOMNIDDATIONS: (only Manager) Recommend approval. COMIVIISSIONERS' ACTIONS: Board of Commissioners - October 15, 2018 ITEM: 2 Approved 5 -0. Board of Commissioners - October 15, 2018 ITEM: 2 I;; NEW HANOVER COUNTY BOARD OF COMMISSIONERS 2019 Agenda Review and Regular Meeting Schedules Agenda Review Meeting Dates Agenda Review Meeting Times Regular Meeting Dates Regular Meeting Times Location: NHC Government Center Conference Room 601 Location: NHC Courthouse, 24 North 3rd Street, Room 301 Thursday, January 3 4:00 p.m. Monday, January 7 4:00 p.m. Thursday, January 17 4:00 p.m. Tuesday, January 22 9:00 a.m. Thursday, January 31 4:00 p.m. Monday, February 4 4:00 p.m. Thursday, February 14 4:00 p.m. Monday, February 18 9:00 a.m. Thursday, March 14 4:00 p.m. Monday, March 18 4:00 p.m. Thursday, March 28 4:00 p.m. Monday, April 1 4:00 p.m. Thursday, April 11 4:00 p.m. Monday, April 15 9:00 a.m. Thursday, May 2 4:00 p.m. Monday, May 6 4:00 p.m. Thursday, May 16 4:00 p.m. Monday, May 20 9:00 a.m. Thursday, May 30 4:00 p.m. Monday, June 3 4:00 p.m. Thursday, June 13 4:00 p.m. Monday, June 17 9:00 a.m. Thursday, June 27 4:00 p.m. Monday, July 1 4:00 p.m. Thursday, July 18 4:00 p.m. Monday, July 22 9:00 a.m. Thursday, August 1 4:00 p.m. Monday, August 5 4:00 p.m. Thursday, August 15 4:00 p.m. Monday. August 19 9:00 a.m. Thursday, August 29 4:00 p.m. Tuesday, September 3 4:00 p.m. Thursday, September 12 4:00 p.m. Monday, September 16 9:00 a.m. Thursday, October 3 4:00 p.m. Monday, October 7 4:00 p.m. Thursday, October 17 4:00 p.m. Monday, October 21 9:00 a.m. Thursday, October 31 4:00 p.m. Monday, November 4 4:00 p.m. Thursday, November 14 4:00 p.m. Monday, November 18 9:00 a.m. Tuesday, November 26 4:00 p.m. Monday, December 2 4:00 p.m. Thursday, December 12 4:00 p.m. Monday, December 16 9:00 a.m. Conference Dates: NCACC Legislative Goals Conference, Raleigh, NC January 10 -11, 2019 NACo Legislative Conference, Washington, D.C. March 2 -6, 2019 NCACC County Assembly Day, Raleigh, NC May 1, 2019 NACo Annual Conference, Clark County, NV July 12 -15, 2019 NCACC Annual Conference, Guilford County, NC August 22 -24, 2019 Board of Commissioners - October 15, 2018 ITEM: 2 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 15, 2018 COMENr DEPARTIMENr- Governing Body PRESEVMt(S): Kym Crowell, Clerk to the Board CONUCT(S): Kym Crowell SUBJECT: Adoption of State Road Resolution BRIEF SUMB ARY: NCDOT is considering the addition of the following roads as the roads meet the standards and criteria established by the state and county and requesting the board to adopt a resolution in support of adding the road to the state system: Bison and Coconut Courts, Chablis Way (a portion of), Jadewood Drive, Lady Bug, Rosemary and Yearling Lanes located within The Registry at Vineyard Plantation Subdivision in New Hanover County (Division File No: 1264 -N) STRATRAC PLANALIQNtVIINI: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMPAP-IDED MOTION AND REQUESTED ACTIONS: Adopt the SR -2 resolution. ATTACBMENIS: NCDOT Request Letter and Maps NHC Locator Map SR -2 Resolution COUNTY MANAGER'S COAM9NTIIS AND RECONDIMATIONS: (only Manager) Recommend approval. CONMSSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 15, 2018 ITEM: 3 s�T � d2 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER JAmEs H. TROGDON, III GOVERNOR SECRETARY September 25, 2018 Kym Crowell, Clerk to the Board New Hanover County Board of Commissioners 230 Government Center Drive, Suite 175 Wilmington, NC 28403 Subject: Proposed Addition to the State System of Highways; Bison and Coconut Courts, Chablis Way (a portion of), Jadewood Drive, LadyBug, Rosemary and Yearling Lanes located within the Registry at Vineyard Plantation Subdivision in New Hanover County (Div. File No. 1264 -N) Dear Ms. Crowell: This office is considering adding the roadways indicated above which are located within the Registry at Vineyard Plantation Subdivision in New Hanover County to the state system of maintenance. After the Board's consideration, if they concur with our recommendation, please furnish this office with the current county resolution and official road name for our further handling. If I may be of further assistance, please advise. Thank you, J hn Diaz ngineering Specialist I Attachments: Copy of SR -I Road Petition request form, plat maps and locator map State of North Carolina I Department of Tranportation I Division 3, District o0pyvision DFive, Wilmingto�l,NQ 8401 Customer Service: (877) 368 -4968 Board Oi l.On'1Rr�,� . - N 6ctoEer 15, 2018 wwcv.ncdot.�eov 17 : 3 - 1 - 1 North Carolina Department of Transportation /,24 4;�' Division of Highways Petition for Road Addition ROADWAY INFORMATION: (Pleaso Print/Type) County; New Hanover Road Name: See attached List (Please list additional street names and lengths on the back of this form,) Subdivision Name: The Registry at Vineyard Plantation Length (miles): Homeowners Association, INC. 1.12 Number of occupied domes having street frontage: 106 Located (miles): .1 miles N ❑ S ❑ E Z W ❑ of the intersection of Route US 17 and Route I -140 (Check one) (5R, NC, US) (SR, Nc, US) We, the undersigned, being property owners and/or developers of The Registry at Vineyard in Plantations Homeowners Association, INC. New Hanover County, do hereby request the Division of Highways to add the above described road. CONTACT PERSON: Name and Address of First Pelitionel% (Please PrintlType) Name: Travis Grow, Association Manager Phone Number= 910 - 679-3012 x708 Street Address; 2018 Eastwood Road, Wilmington, NC 28403 Mailing Address: PO Box 12051 Wilmington, NC 28405 Name PROPERTY OWNERS Mailing Address Telephone i ci . - ,1 V CL 54Qc All VNIV, _ 5 - Form SR -1 (312006; Rev 112010) mud fi, Board of Commissioners - October 15, 2018 ITEM: 3 - 1 - 2 INSTRUCTIONS FOR COMPLETING PETITION: 1, Complete Information Section 2. Identify Contact Person (This person serves as spokesperson for petitioner($)). 3, Attach two (2) copies of recorded subdivision plat or property deeds, which refer to candidate road. 4. Adjoining property owners and/or the developer may submit a petition. Subdivision roads with prior NCDOT review and approval only require the developer's signature, 5. If submitted by the developer, encroachment agreements from all utilities located within the right of way shall be submitted with the petition for Road addition, However, construction plans may not be required at this time. 6. Submit to District Engineer's Office, FOR NCDOT USE ONLY., Please check the appropriate block ❑ Rural Road ❑ Subdivision platted prior to October 1, 1975 ® Subdivision platted after September 30, 1975 REQUIREMENTS FOR ADDITION If this road meets the requirements necessary for addition, we agree to grant the Department of Transportation a right -of -way of the necessary width to construct the road to the minimum construction standards of the NCDOT, The'right- of-way will extend the entire length of the road that is requested to be added to the state maintained system and will include the necessary areas outside of the right -or -way for out and fill slopes and drainage. Also, we agree to dedicate additional right -of -way at intersections for sight distance and design purposes and execute said right -of -way agreement forms that will be submitted to us by representatives of the NCDOT. The right-of-way shall be cleared at no expense to the NCDOT, which includes the removal of utilities, fences, other obstructions, etc. General Statute 136 -102.6 states that any subdivision recorded on or after October 1, 1975, must be built in accordance with NCDOT standards in order to be eligible for addition to the State Road System. Form 5R -1 (312006; Rev 112010) Board of Commissioners - October 15, 2018 ITEM: 3 - 1 - 3 ROAD NAME HOMES LENGTH ROAD NAME HOMES LENGTH Bison Ct. - 12 -.06 Wes Coconut Ct. - 9 -.09 Chablis Way - 43 -.4 Jdewood Dr. - 8 -.2 Lady Bug Ln, - 18 - .1S Rosemary Ln. - 10 - .11 Yearling Ln. - 6 -.11 Form SR -1 (312006; Rev 112010) Board of Commissioners - October 15, 2018 ITEM: 3 - 1 - 4 i u.tt xrs,m ar.IS 177 y79 y, I wpm ine69w,.,F i� I xMMarx,ll a:swo,n � +! 65 : 0 a a ,06 go ts-h` w '�Z tl a9 Me e,. ! � rw a / ��• � 1 - I w ¢.y'_ I- 71 $ e• 74° ®' > r ,,, I I I i I I I I } �� x. u � "41`-,,' ' Aso R y� )I _maw � ` S I 52 93 j 54 SS i Sr 57 55 59 i 6p r 6I I 62 I r N a I I I I I C I I � ��'°� 47R `--� �.,�,- � -•_�,, Ii i i j e i i i i i } ___.t-:.--- 1-= �_� -__ r - - -- -- -- -- -- - - - --- 1{�J{J 11 e - --- CFDB„S WA4- urw _ 2" I I j I Ittwc. i j j j i 1' IF I j B4 dS 06 87 as 89 90 i °10 CHABU5 IR WAY coati eur ' h y` 2dR 3 f I rwmn°5 rtix sm 27R 92R ' B3R ' 94R I �r.suw.o I 9SR 96R r 97R i 96R •w,crl r 25R M� - j -- L46YBUG � =w-- -- ro�,a.•,..�rw.1 „rp - I r I I — - - -- M --i ---- ----- j � , a ac�mr - 22 -- -j 16R —4--7 _ i 2 I �LI I III 3 It � II em2,1 4 __ II s I I * -.- w „�„�„� _ „,,,';;, 21 , I IBR 7R I 15R r 14R 13R i2R I �3$� Sr 7 wmw ti. r.� �r I I I f f ^f 10 I m20 11 I II I I i !1llwr�,f� a. acr 2_/J x.l wml.�.�r °ez ”. M'uw�ar a�...r..�r�.r.:.m.�o-�. ••�4 �YT = i ,cmm THE REGISTRY AT VINEYARD PLANTATION �V�r•<n uat�.x con x�w 'rEITPORI+AANCE R551D €NMAL" PHASE FIVE 5ECf1ON 2. �aroau.. �,(11/a.twa., Mill. �-`C''J3d'�� c+�o[rtiwiu�i,�. � w m:.a%ieh uub,.u.p. °no. r � ,rte' • 26 -?°' Flu msr n wwwac nx Zsx,MUON a axe v¢ rx "a �ami Board of Commissioners - October 15, 2018 ITEM: 3 - 1 - 5 clwr. x �� ""orw,oc w o.pr "�'^"' u. w� " wr � � vx..rw asv,a� •• mPARMfrlf TWSPUrAiION Em m OnrnMaoSsn IO n s I I suOlm1f . onHIlsGiKmpN+AlvlleS nn um 5 t••m �4 wM e sa c we„v a vk ux u 9Ztg— -,Tb 4a so ca- & s l 5z I 53 I 54 1 9s I 96 I s7 I 56 I 99 CHAA3U SWAY ` l I �A, a �' a -yy 2D� � y�9 j5 I 84 j 89 � D6 i 87 j 88 i 89 x� m to W, -- rwewe — -- �' [e[ai�ts: rnP[�ei[ wc><s,vrnxcam _—_ —_ -- _ a>ei�iiva,rr— _— _.�_-._, —_ —_ —_ • S +.LSYRt_�m_mz.T� " ^__"__ p� ___� �n+.w...rr�ue i i 1 svn e�eriiar- " Ixho w.x Rro.o 1 11 7112 w Trf�s ®u�yshxY-t_nSpk3P Y3k�� `v:�' I � ' a. aauxealxlxxderov[. imor ®HM�mcc u[N � 1 �n m xaca�uw Am.taryuPa� wmvwn.n THE REG15TRY AT VINEYARD PLANTATION PHASE YOUR IRM cerurroxxa urn,x[dxw,r„`.m .,,..ir ar.,mu�comlr...a .+eorn� w. sArvm..ma�.n+.m+n ,.,w,m .n�aysno Au�N .AnTa�� 19. SP. II �CIa E'E�i rt nuev/Y s.rY x.�i rurrw��a. rysNN GERII 1O 0P APPROVAL wpueL lAmWPOGU..a AVOO46,rA MPYfICYMR [gipnolwlex[Aert, �rxe��v� � 12.2t•II � �AdwMCwrai.ri• >� �bv�a ^rte %• _.tap 15—Y, 5b rpm 204 Board of Commissioners - October 15, 2018 ITEM: 3 - 1 - 6 u�a I, V is lop..a'm uaaae•4i�xx � I[awrzwr�PC +H.o - --- if fr�su'[�mlael� i 1 3 vl�;I j I I � I I 4 v.:mxal rxasn � ? �i8 I� I 144 F014 143 142 1 141 VIONI7Y MAP NO 5CA1I _- --------- —___ -- _ I — " 9 Iz.r r�.� anm ra~me kI I cvaAW eaROmd nw[la rA wNVM1yairdvdnd A C R�unn 41 1 ---__ ! r�W ®naE laFMmtliwiva wl*,ar,Mb 10 1 7 lLlc v. lrR'ax9 _ i ' GARO r ++e�cs Aoan rd deauiee Mrcn !MrR T;dIL IMP[ae xrl..°' �y,cr.n mu aru �M i .sy.naP m" w. dm.�ry A1As"a yy7p}1 -+a !Iv6lnW se4 WVBYtl6 � d [ dcG-m dq �rybY�xmwac +r+ �µ ev6b -ar rvi iLL. no"a r�ry xui�osM t y .G'[hrt P�^R =rcro ahe 1 WG1iP'O [A� eve �'H.ea� rams � uny �^ aY'.w4a�1056x5o �: W+•••s H..e.r_i- - y+w,e� p� teCWµC pva P Traroporsaaon. A wll bt'r aapwa aMO rot �� c '°"` �+a�fT�� ^' �^h � i.V ��. kr�swlY dram ][Fe rtom. Paz ® WnYt Mvrn�+� rk ume[uWm1.�su. m�e 3�J1 wTP� ten. mi_ nteruma �blaaiute y,e lddr ngM al axt�i rmrb H.ti �ISryY�ie'w �n �21 .t °�� i Ix�� a• s *•';;'�i I I`''! VICINITY MAP NO 5CALE VI 1 -- -- -- -- -- t I 1i r.r� --7 — — — — — — — i -I xa 3 - R k g i n n _, G„i - o ,nA�} \n ------ - z 141 l i CMAH115 WAY I •�..� • I I I IV f�I x4�$ro.9R6 tgg�$8oF4BB 'q 88m'968 'g C8_t F E.r i� � ��rr.r�c �.A•�murm =_ —. „.mow. —_ CFIA�I95 VJAY acnacvn —_- w9a R g _RJR _R _R`R4 _R ¢ <R�R =Rmy RRSrR -Pk m� I a, _—,—� — �C1 n; 7 - aR i - .+ 3 - 3R j - ^� a —==-T ---------- _________ _— ___________________ F ' 200 199 ! _ t;T ; 1; g LL -I ' �r ---- '_ N k � ; LADY BL1G— SM010 THE REGISTRY AT VINEYARD PLANTATION •va..w�„m w...,mw,.�w�.�n.w w.n+ a '+o -� TM �mr � wpm -waive. �.oaxa,— , wva . wwwn �m PNA5E TFIREE ,ti'�a,,,,'�m,,°��,,,' au.,m rseyrra.d aa.YI �x ui Inc M1 .w cv�.�'� emv a.,�.el�.r.v.,n�.e,••rowa q, x .cn� aura w,v.lo..,c°.nomnmx.mxo '� «. wna.n.,o.®me.r.,�w `�`�` ..,a�,na«,..a a`�er.++a n.x°� .au.MC � cK t —�� mss. a.• �S N`,'Ipli h� ®¢h.0 #rnNR'.rim�¢mra - nm�yMVw�� eu.a ++�mv �, Mrnnbeb vW�.daCOnn .uler �Me wxve�[oa w��M+.uW.Y^�. i9* #�.�",ID. /KP�>ro w ��. °w� Bran �..s hx��.m �w,n .,.�a� ,�..ra 'w�e"""�.SS -:•� ,�e °u'n°c"'v°:ac 2 ,.yii rT,.,raurwr, wl ,�,ex wa,.,aar�„ .�� Y b .an,� mernur� .. , i zr'nr:o. x.� °tea w,xw N.,e..�,. �—• --� �:�7 Board of Commissioners - October 15, 2018 ITEM: 3 - 1 - 7 THE REGISTRY AT VNffYAFD PLANTATION PHN&C ONF. 5LCION ONE AA Rook* awf Mar fo) AX F I 2 4p VVN17Y MAP N05CALE 13L zlF Al ifs WAY o0 ------- T Z 'LADY 5�, CC n R M OF MP AL Board of Commissioners - October 15, 2018 ITEM: 3 - 1 - 8 _�4F , F7— , ------------------------------- 11.71.111 V=Tl F7— , �V—1 I 11.71.111 V=Tl J 67,01, la S N ---- ---- --- - ------- ------- - -- ------------------- - SA 7R, - - ---- - --- -- V < ---- --------- jol ------------ r la S N ---- ---- --- - ------- ------- - -- ------------------- - SA 7R, - - ---- - --- -- Board of Commissioners - October 15, 2018 ITEM: 3 - 1 - 9 ---- --------- jol ------------ Board of Commissioners - October 15, 2018 ITEM: 3 - 1 - 9 V• If PA � �g133ggqg � •o•e� � YR ed � Ui SAS Y�34p�` ��Rd� h � a 'M anti' ¢`�43'ii e 1 .yqo A, F 3 029 I cnAL }uSwAY - sr _T_ C�JAEU!5 WAY %0 -------------- _! Ali, ��.' --�--- -LADY Bt1Gy� 0 tz Ell I' k7 c n Q 9 I i I , I i Board of Commissioners - October 15, 2018 ITEM: 3 - 1 - 10 Board of Commissioners - October 15, 2018 ITEM: 3 - 1 - 11 NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: Bison and Coconut Courts, Chablis Way (a portion of), Jadewood Drive, Lady Bug, Rosemary and Yearling Lanes located within The Registry at Vineyard Plantation Subdivision in New Hanover County (Division File No: 1264 -N) WHEREAS, a petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(s), the location of which has been indicated on a map, be added to the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the opinion that the above described road(s) should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria established by the Division of Highways of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover that the Division of Highways is hereby requested to review the above described road(s), and to take over the road(s) for maintenance if they meet established standards and criteria. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 15th day of October, 2018. WITNESS my hand and official seal this the 15th day of October, 2018. Kymberleigh G. Crowell, Clerk to the Board New Hanover County Board of Commissioners Form SR -2 Please Note: Forward directly to the District Engineer, Division of Highways. Board of Commissioners - October 15, 2018 ITEM: 3 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 15, 2018 CONSENT DEPARTMENT- DSS PRESINIMS): Wanda Marino, Social Services Assistant Director CONTACT(S): Wanda Marino SUBJECT: Adoption of Adoption Awareness Month Proclamation BRIEF SUNP ARY: November is Adoption Awareness Month in North Carolina. The New Hanover County Department of Social Services is submitting a proclamation to recognize November as Adoption Awareness Month in New Hanover County. STRATEGIC PLANALIGNIVIENT: Superior Public Health, Safety and Education • Keep the public informed on important information Rjrala1aI]►111y171/:1]1werneI11n9" ji 0 81D17_[al1releg Adopt proclamation. ATTACIINIENIN: Adoption Awareness Month Proclamation COUNTY NIANA�S CONNEVIS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 15, 2018 ITEM: 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS ADOPTION AWARENESS MONTH PROCLAMATION WHEREAS, every child deserves the chance to grow up in a loving, stable family and adoption is a beautiful way to build a family. An estimated 57,208 children were adopted nation -wide from a public agency in 2016 and 1,311 children were adopted from foster care in 2017 in North Carolina; and WHEREAS, adoption is the goal for many special needs children in foster care. There are an estimated 117,794 children nation -wide and an estimated 2,936 foster children in North Carolina waiting to be adopted annually; and WHEREAS, some special needs children are teenagers, and some have physical, emotional, and behavioral challenges. They are children of all races. Many have been neglected, abandoned, abused, and /or exposed to drugs and alcohol. Others are brothers and sisters who want to grow up together. They need our care and they need security; and WHEREAS, many children find permanent homes through adoption by their foster families or relatives, thereby creating an on -going need for new foster and adoptive families. 54 children in New Hanover County found permanence through adoption this past fiscal year. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that November 2018 will be recognized as "Adoption Awareness Month" in New Hanover County. The Board thanks all adoptive mothers and adoptive fathers for their commitment to children. Furthermore, the Board encourages the community to honor the special needs of New Hanover County's children regardless of race, age, gender, health, emotional or behavioral condition or past distress. ADOPTED this the 15th day of October, 2018. 1101ILTAI:Ie\►[11T :1111;1111911LIfI19 Woody White, Chairman ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - October 15, 2018 ITEM: 4 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 15, 2018 REGULAR DEPARTMHNr- County Manager PRESEVMt(S): Robert Spence, FEMA Division Supervisor - Division 5, Hurricane Florence Response CONIACT(S): Tim Burgess, Assistant County Manager SUBJECT: FEMA Hurricane Florence Recovery Debrief I1.3.71I IVI11 l la I\.�•ii Robert Spence represents FEMA Division 5 including New Hanover, Brunswick, Columbus, Bladen, Robeson and Hoke Counties. He will provide an update on Hurricane Florence recovery progress. STRATUAC PLANALIGNIWIff. Superior Public Health, Safety and Education • Keep the public informed on important information RjralalaIy►111y17a:1y1[ erneI11n9 "ji 0 81D17_[al1rele li Hear presentation. COUNTY MANAGER'S CON INTNIS AND RECOMMENDATIONS: (only Manager) Hear presentation. CONMSSIONERS' ACHONS: Heard presentation. Board of Commissioners - October 15, 2018 ITEM: 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 15, 2018 REGULAR DEPARMVIENE County Manager PRESEVMt(S): Matt Gunnett, North Carolina Association of County Commissioners (NCACC) CONI'ACT(S): Sheriff Ed McMahon and Fire Chief Donnie Hall SUBJECT: Presentation of 2018 Federal Credit Union Excellence in Innovation Awards to New Hanover County Sherifrs Office and Fire Rescue BRIEF SUMMARY: The Local Government Federal Credit Union Excellence in Innovation Awards began in the 1990's as the Ralph Ketner Awards. These awards evolved into the Employee Productivity Awards and upon Mr. Ketner's retirement as the CEO of Food Lion, sponsorship of these awards was graciously assumed by the LGFCU. This year there were 36 submissions from 18 counties. The submission period was March to June for programs that were implemented in Calendar Year 2017. Ten $1,000 awards are given in these categories: Public Information and Participation Intergovernmental Relations Human Services General Government There are two winners from New Hanover County: 1) LGFCU recognizes the New Hanover Sheriff's Office for development and implementation of the Communityl Program. Team members include: Anthony Johnson, Detention Officer- Communityl Coordinator Stephanie Arsenault, Detention Officer In March 2017 Sheriff Ed McMahon directed staff to develop a process that would efficiently combat recidivism in New Hanover County. To successfully accomplish this staff must meet all required needs for individuals before release. While incarcerated, these needs of sobriety, nutrition, cleanliness, and medication are met. Giving outside organizations that accomplish these needs full access to these individuals while they have a permanent address in jail increases the likelihood that these needs will be met upon release, as well as bolstering the numbers for nonprofits that receive grant funding based on the number of individuals they assist. This program began with four organizations providing assistance. That number increased to 50 organizations within the first year. Of 78 individuals served, there were only 4 cases of recidivism, saving the county $519,000. This program was administered by one detention officer with a laptop. 2) LGFCU recognizes New Hanover Fire Services for development and implementation of their Program to Reduce Emergency Incident Travel Times. Board of Commissioners - October 15, 2018 ITEM: 6 Team members include: Jessica Spencer, Fire Systems Data Specialist Jennifer Smith, Battalion Chief Russ Nipper, Fire Capitan Matt Davis, Deputy Chief New Hanover County identified an urban area where travel times were higher than expected. Emergency units were not able to arrive in a specific northern area in a predictable manner due to being served by two different remote stations. A pilot program was developed to place a Quick Response Vehicle (QRV) in the area from 7am -7pm. When not responding to a call this QRV performed other duties like inspections or pre- incident surveys. The result was an increased modeled travel time success rate of 15 %, bringing this response time within the 90th percentile for this route. All this was done with a pickup truck outfitted with minimal firefighting and rescue tools, a laptop and cellular capabilities. Matt Gunnett from the NCACC will present the checks and awards and take photos of the winning teams with the Board of Commissioners. STRATEGIC PLAN AUCNNIINI: Effective County Management • Leverage technology and information to enable performance • Increase efficiency and quality of key business processes • Recognize and reward contribution RECONIVM'DED MOTION AND REQUESTED ACHOM: Recognize award winners and have photos taken with them. ATTACtWUNIS: Communityl Program Program to Reduce Emergency Incident Travel Times COUNTY N14MGUVS CONIlOENIS AND RECONINEMATIONS: (only Manager) Recognize award winners and have photos taken with them. CONMSSIONERS' ACTIONS: Recognized award winners and had photos taken with them. Board of Commissioners - October 15, 2018 ITEM: 6 Recognizes the New Hanover Sheriff's Office for development and implementation of the Communityl Program Team Members: Anthony Johnson, Detention Officer - Communityl Coordinator,* Stephanie Arsenault, Detention Officer Project Summary 7 TL SN In March 2017, New Hanover County Sheriff Ed McMahon directed his staff to develop a process that would efficiently combat recidivism in New Hanover County. The result was a comprehensive network of assistance for released former offenders that included housing assistance, employment assistance, drug rehabilitation, connection to social services and community reintegration. By creating a hub for these resources, Communityl has already been able to assist 78 former offenders with only four counts of recidivism. These 74 individuals represent a savings of approximately $519,000. Communityl started with only four organizations to assist them at the program's inception. In less than a year, there are now over 50 partners from the community, and the goal for 2018 is 150 justice - involved individuals assisted. Asuccess is measured by an individual having all of their needs that were requested met. For example, if someone says they needed a place to live and the program is able to assist with that need and find a home for the person when they leave jail, then that is considered a success. For an individual facing addiction who wants a residential treatment program, the success comes when they are accepted into the treatment facility. While incarcerated, they are sober, fed, clean, medicated and have an actual address for contact. Giving organizations that access has helped them to bolstertheir numbers, a need that most non - profits have due to their grants often being tied to the amount of individuals they assist. This symbiotic relationship is at the core of what the Communityl program does. Everyone benefits, especially the formerly incarcerated individuals. Because the program leverages existing community resources, it is also very cost effective. Communityl is staffed by one full -time detention officer equipped with a laptop and cell phone using a nominal amount of basic office supplies. Board of Commissioners - October 15, 2018 ITEM: 6 - 1 - 1 Recognizes New Hanover Fire Services for development and implementation of their Program to Reduce Emergency Incident Travel Times 0 Team Members: Jessica Spencer, Fire Systems Data Specialist; Jennifer Smith., Battalion Chief; Russ NIPP *er, Fire CaptainI * Matt Davis, Deputy Chief Project Summary During a review of empirical data as a part of developing a Community Risk Assessment for the county, New Hanover County Fire Rescue (NHCFR) identified an urban area where travel times appeared to be higher than expected. Geographic information system (GIS) time travel models were compared to actual response data and after reviewing historical response data back to 2012, it was apparent that travel times within the pilot area were increasing each year. Travel time is measured from when fire units initiate response to arrival of the first unit. This specific area of the county is currently served by two remote fire stations. Travel time is impacted by traffic, interconnectivity, and the location of the incident related to the position of the responding equipment. A pilot program was developed with the goal of reducing travel times by placing a quick response vehicle (QRV) within the target area. The idea is that by placing resources closer to those in need of the services, there would be less delay in initial care. A pilot program was developed with the goal of reducing travel times by placing a QRV within the target area. The idea is that by placing resources closer to those in need of the services, there would be less delay in initial care. The unit was staffed with two emergency medical credentialed firefighters from 7 a.m. to 7 p.m., seven days a week. The QRV was a small pickup truck with a service body. A basic assortment of firefighting tools, medical equipment, AED, and personal protective safety equipment was added to the vehicle. When the squad was not responding on an incident, they also performed other fire service duties that included pre- incident surveys of local businesses within the target area. After 19 weeks of this pilot program, the data proved that placing a unit in the pilot area will significantly help reduce travel times. This program resulted in saving an average of three minutes on the travel time per incident. When comparing the pilot program data to historical data, the pilot program increased the percentage of time that the target travel time was met from 49.5% to 64.7 %. The cost for this program to be implemented was minimal, with the exception of staff cost for the employees assigned to the unit. An existing fleet vehicle was modified to accommodate the equipment and supplies needed for the staff to be successful. Staff hours for the program were just under 3,200 man hours, which cost the department approximately $59,000. Fuel cost was slightly over $2,500. Equipment and supply costs were $750 for startup (medical supplies were recovered from existing medical transport units). Board of Commissioners - October 15, 2018 ITEM: 6 - 2 - 1 OvNTY.� G o o � Z � v z o • 1S !r NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 15, 2018 REGULAR DEPARTINHNr- County Manager PRESEVEIEWS): Andrea Stough, Advocate /Outreach Coordinator, Domestic Violence Shelter & Services, Inc. CONI'ACT(S): Chris Coudriet, County Manager SUBJECT: Consideration of Domestic Violence Awareness Month Proclamation 11.311I1IVI0 l lU /_\ Andrea Stough is the Advocate /Outreach Coordinator for Domestic Violence Shelter & Services. She requests that the Board adopt a proclamation to recognize October 2018 as Domestic Violence Awareness Month in New Hanover County. New Hanover County partners with Domestic Violence Shelter & Services by providing $50,000 in outside agency funding. STRATEGIC PLAN ALIGNAIENE Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTM ACTIONS: Adopt the proclamation. AT UCEINWg1S: Domestic Violence Awareness Proclamation COUNTY MANA(OVS COMNIDVIS AND RECONIVEMATIONS: (only Manager) Recommend approval. CONMSSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 15, 2018 ITEM: 7 NEW HANOVER COUNTY BOARD OF COMMISSIONERS DOMESTIC VIOLENCE AWARENESS MONTH PROCLAMATION WHEREAS, domestic violence transcends all ethnic, racial, gender, and socioeconomic boundaries, weakening the very core of our community; and WHEREAS, the effects of domestic violence are far - reaching and may have lifetime implications for families, the criminal justice system, and our community; and WHEREAS, Domestic Violence Shelter and Services, Inc. provides emergency crisis intervention and ongoing support and services in New Hanover County for victims and survivors of domestic abuse; and WHEREAS, in 2017, 1,181 adults and 203 children received direct services such as court accompaniment, advocacy, empowerment groups, and counseling; including 168 adults and 118 children who received emergency shelter through Domestic Violence Shelter and Services, Inc.; and WHEREAS, on September 4, 2002, Gladys Bryant, an employee of New Hanover County for more than two decades, and on August 6, 2008, Tarica Pulliam, an employee of New Hanover County for two years, lost their lives in acts of domestic violence exhibiting to all their coworkers and friends the prevalence of domestic violence and its consequences; and WHEREAS, many other people throughout New Hanover County and the United States find themselves in abusive relationships and need to find a safe and empowering environment; and WHEREAS, this year's theme Together We RISE- Resilience, Intervention, Support and Empowerment serves as a call to action for citizens of New Hanover County to encourage, support, and empower one another to live lives free from violence. NOW, THEREFORE, BE IT PROCLAIMED that the New Hanover County Board of Commissioners refuses to tolerate domestic violence in any form and wishes to create a society that promotes strong values, fosters a safe and loving home environment for every family, and encourages citizens to enhance their efforts to work together to address the problem of domestic violence. BE IT FURTHER PROCLAIMED by the New Hanover County Board of Commissioners that October 2018 be recognized as "Domestic Violence Awareness Month" in New Hanover County. ADOPTED this the 15th day of October, 2018. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - October 15, 2018 ITEM: 7 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 15, 2018 REGULAR DEPARTMENE Human Resources PRESINIMS): Commissioners and Chris Coudriet, County Manager CONI'ACT(S): Bo Dean, Human Resources Analyst SUBJECT: Presentation of Service Awards and Introduction of New Employees BRIEF SUMMARY: Service awards will be presented to retirees and employees. New employees will be introduced. STRATEGIC PLAN ALICNNNINT: Effective County Management • Hire, develop and retain talented people • Recognize and reward contribution RECOMMEI'DED MOTION AND REQUESTED ACTIONS: Present service awards and meet new employees. COUNTY N14W VS CONAITUS AND RECONAWF DATIONS: (only Manager) Present service awards and meet new employees. COMNIISSIONERS' ACTIONS: Presented service awards and met new employees. Board of Commissioners - October 15, 2018 ITEM: 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 15, 2018 REGULAR DEPARIMENR Governing Body PRESE VMt(S): Nicolas Montoya, Tourism Development Authority Chairman and Kim Hufham, Wilmington and Beaches CVB President /CEO CONIACT(S): Kym Crowell, Clerk to the Board and Kim Hufham SUBJECT: New Hanover County Tourism Development Authority Annual Update BRIEF SUMMARY: The New Hanover County Tourism Development Authority will make its annual presentation to the Board of Commissioners. Attached is the information regarding this board. STRATMC PLAN ALICNNVIHNr: Superior Public Health, Safety and Education • Keep the public informed on important information RECONPAP-DED MOTION AND REQUESTED ACTIONS: Hear presentation. ATI'ACBMITffS: New Hanover County Tourism Development Authority Members New Hanover County Tourism Development Authority Presentation COUNTY MANA, �S COMMENTS AND RECOMMHZ'413ATIONS: (only Manager) Hear presentation. CON M[SSIONERS' ACTIONS: Heard presentation. Board of Commissioners - October 15, 2018 ITEM: 9 NEW HANOVER COUNTY TOURISM DEVELOPMENT AUTHORITY Number of Members: 15 voting members: 5 ex- officio members and 10 members appointed by the Board of County Commissioners. The five ex- officio members are the Chairman of the Board of County Commissioners, the Mayor of the City of Wilmington, and the Mayors of the Beach towns or whomever they appoint by each elected body. The other ten members are in the following categories and must have experience in promoting travel and tourism: a. Owner /manager of a hotel of 150 rooms or more in the Town of Wrightsville Beach b. Owner /manager of a hotel in the Town of Carolina Beach c. Owner /manager of a hotel in the Town of Kure Beach d. Owner /manager of a hotel of 150 rooms or more in the City of Wilmington e. Owner /manager of a hotel of fewer than 150 rooms in the City of Wilmington f. Owner /manager of a bed and breakfast facility g. Owner /manager of company that manages and rents more than 100 vacation rental properties h. Representative of a tourism attraction i. Representative of the Wilmington Chamber of Commerce j. Owner /manager of a restaurant business Term of Office: 3 -years with no one serving more than two consecutive full terms (excluding Chairman of Commissioners and Mayors). Regular Meetings: Fourth or Fifth Wednesday of every other month at 5:30 p.m. at various locations in the county. Statute or cause creating Bureau: On October 3, 2002, through House Bill 1707, the North Carolina General Assembly directed that the New Hanover County Board of Commissioners designate the Cape Fear Coast Convention and Visitors Bureau as a Tourism Development Authority (TDA) to promote travel, tourism, and conventions in New Hanover County, and to administer related tourism expenditures. The TDA shall take effect and come into creation on January 1, 2003, with all those powers, rights and duties set forth in House Bill 1707, Session 2001. The Authority shall hereinafter be known and operated as the New Hanover County Tourism Development Authority d.b.a. Cape Fear Coast Convention and Visitors Bureau. Board of Commissioners - October 15, 2018 ITEM: 9 - 1 - 1 TERM OF OFFICE CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION Anne E. Brodsky Kure Beach Hotel First 12/20/10 12/31/13 Palm Air Realty Owner /Manager Second 12/9/13 12/31/16 133 N. Ft. Fisher Boulevard Third 2/20/17 12/31/19 Kure Beach, NC 28449 910 - 458 -5269 (W) 910 - 228 -7810 (C) Jason Spencer Bryant Vacation Rental Unexpired 12/31/17 4104 Conner Ct. Properties (100 +) 12/19/16 Wilmington, NC 28412 Owner /Manager First 12/18/17 12/31/20 910 - 297- 6812(C)910- 255 -3764 (W) Board of Commissioners - October 15, 2018 ITEM: 9 - 1 - 1 TOURISM DEVELOPMENT AUTHORITY (CONT.) PAGE 2 Board of Commissioners - October 15, 2018 ITEM: 9 - 1 - 2 TERM OF OFFICE CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION Natalie H. English Chamber of First 4/17/17 12/31/19 309 Foxhall Court Commerce Wilmington, NC 28412 704 - 968 -0956 (C) 910 - 762 -2611 (W) Vacancy Wilmington Hotel 12/31/20 ( <_ 150) Owner /Manager Nicolas Montoya, Chairman Wrightsville Beach First 12/9/13 12/31/16 219 N. 17th Street Hotel Second 12/19/16 12/31/19 Wilmington, NC 28401 Owner /Manager 910 - 617 -2946 (C) 910 - 256 -2251 (W) Charles Pennington Bed & Breakfast Unexpired 9/20/04 12/31/06 The Verandas Bed and Breakfast Owner /Manager First 12/18/06 12/31/09 202 Nun Street Second 1/19/10 12/31/12 Wilmington, NC 28401 -5020 Third 12/17/12 12/31/15 910 - 251 -2212 (H/W) Fourth 12/14/15 12/31/18 Daniel Perkins, Secretary Wilmington Hotel Unexpired 8/22/16 12/31/17 Hotel Ballast ( +150) First 12/18/17 12/31/20 301 No. Water St. Owner /Manager Wilmington, NC 28401 910 - 763 -5900 (W) 910 - 232 -6021 (C) 910 - 399 -6269 (H) 910 - 763 -0038 (F) LeAnn Pierce Carolina Beach Hotel Unexpired 2/18/13 12/31/15 Drifter's Reef Hotel Owner /Manager First 12/14/15 12/31/18 701 N. Lake Park Boulevard Carolina Beach, NC 28428 910 - 520 -5921 (C) 910 - 458 -5414 (W) Angela Rhodes, Vice - Chairman Restaurant First 12/17/12 12/31/15 Catch Modern Seafood Cuisine & Owner /Manager Second 12/14/15 12/31/18 Phun Seafood Bar 803 Calico Crossing Wilmington, NC 28411 910 -512 -2745 (C) 910- 799 -3847 (W) Vacancy Tourist Attraction 12/31/19 Ex- officio Members: Patricia Kusek New Hanover County 1/9/2017; 1/8/18 Undesignated Commissioner Mayor Joe Benson Carolina Beach 12/17 Undesignated Mayor Craig Bloszinsky Kure Beach 12/17 Undesignated Mayor Bill Saffo City of Wilmington 12/09 Undesignated Board of Commissioners - October 15, 2018 ITEM: 9 - 1 - 2 TOURISM DEVELOPMENT AUTHORITY (CONT.) PAGE 3 Board of Commissioners - October 15, 2018 ITEM: 9 - 1 - 3 TERM OF OFFICE CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION Mayor Bill Blair Wrightsville Beach 12/09 Undesignated Lisa Wurtzbacher, Treasurer New Hanover County 8/12 Undesignated Finance Officer Contact: Kim Hufham, President /CEO File: /TD Wilmington and Beaches CVB Revised 9/201 505 Nutt Street, Unit A Wilmington, NC 28401 910 - 341 -4030 (W), 910 - 520 -9194 (C), 910 - 341 -4029 (F) Board of Commissioners - October 15, 2018 ITEM: 9 - 1 - 3 anover County Tourism evelopment Authority 2018 Update New Hanover County Board of Commissioners October 15, 2018 - October 15, 2018 -1 State of Tourism 2017 Tourism Expenditures of $578.22 million — 4.32% increase NHC tourism generated $51.58 million in local /state taxes More than 6,320 employed in travel & tourism related jobs - $141.3 million in payroll Each NHC resident's taxes were offset $226.98 Maintained: #8 ranking among NC's 100 counties #2 ranking among coastal counties Board of Commissioners - October 15, 2018 ITEM: 9 - 2 - 2 Will)Aitl IC OneCe 2017/20:L8 ROT Collections FY 2017/18 ROT collections up 3.52% CY 2018 up 3.73% (January thru June) 2nd 3% collections — FY 2017/2018 CB — 7.90% KB — 9.42% • WB — 2.40% • Wilmington — -3.42% • CC District — 15.73% District U — 10.59% Board of Commissioners - October 15, 2018 ITEM: 9 - 2 - 3 yf 11! wi M�inn�,�t OtI.C. 2017/20:L8 ROT Distribution $3,78o,077 :61....,, $1,248,737 $3,423,394 $2,282,263 Beach Erosion - 27% Tourism - CVB - 18% Carolina Beach - Mktg & Activities - 8% Kure Beach - Mktg & Activities - 4% Wrightsville Beach - Mktg & Activities -11% Wilmington Convention Center - 30% District U - Mktg & Activities - 2% ROT Collections: $12,908�744 $3�780�077 20:L7/:L8 ROT Collections Distribution by Category $4^1734 $1,663., $3,423,394 Marketing - 30% Tourism - related Activities -13% Beach Nourishment - 27% a City of Wilmington - WCC - 30% Board of Tr (pI,- Zo17 /1a.8 ROT Collections: $ 12,908,744 18 /ig Revenues Revenues — 1St 3% ROT Appr. Fund Balance — District U Convention Center Marketing Revenues - 2nd 3% ROT TOTAL REVENUES - 2018/2019 Board of Commissioners - October 15, 2018 ITEM: 9 - 2 - 6 2,455,869 593,168 469,944 3,319,436 6,838,417 HOTELS & MOTELS BED AND BREAKFAST VACATION RENTALS wilmingto i8 /i9 Expenditures 1st 3% - CVB Budget Marketing - $1,917,823 Administration - $364,128 Visitor Services - $173,918 Convention Center Marketing 2nd 3% Budgets Carolina Beach - $1,242,408 Kure Beach - $507,967 Wrightsville Beach - $1,256,061 District U - $906,168 Total 18/19 Budget Expenditures 18/19 Budget 17/18 Budget % Change $2,455,869 $2,362,022 3.97% $ 469,944 $426,415 10.2 $3,912,604 $3,000,447 $6,838,417 6 003 284 13.91 Board of Commissioners - October 15, 2018 ITEM: 9 - 2 - 7 wilmincrto Historic Rij&x Di.Ytric: �I. 13 4 be z&,2-5 FY 2018 -19 New Marketing Strategies & Tactics Develop millennial digital guide featuring videos, blogs, photos and feature stories Launch new marketing automation platform for email marketing campaigns Build on out of state brand awareness with added emphasis on ILM direct route destinations Increase engagement on social media channels through video amplification campaigns and live streaming (Spring) Build in additional pages to Visitors Guide to accommodate special interests and popular website content Shoot new photography to capture off - season brand experiences Provide relevant content through the Google DMO Partnership Program, Trip Advisor and other third parties as needed Evaluate website redesign direction in FY19 -20 Wi Imi 10 Board of Commissioners - October 15, 2018 ITEM: 9 - 2 - 8 Hurricane Florence Recovery Marketing Board of Commissioners - October 15, 2018 ITEM: 9 - 2 - 9 OBJECTIVE Promote the area's recovery to negate the perception of storm's impact and our ability to host visitors Promote positive stories of recovery and renewal Minimize negative impact on longer -term spring and summer travel planning Board of Commissioners - October 15, 2018 ITEM: 9 - 2 - 10 RECOMMENDATION Create a singular umbrella recovery campaign branded as destination, encompassing Wilmington, Wrightsville Beach, Beach, and Kure Beach a united Carolina We are open for business once again, and that most area attractions, restaurants, retailers and other businesses in Wilmington, Carolina Beach, Kure Beach and Wrightsville Beach are open and eager to welcome visitors. Many hotels and other accommodations are now open for future travel planning and reservations. Those still in recovery are making steady progress. Board of Commissioners - October 15, 2018 ITEM: 9 - 2 - 11 The campaign needs to: Show that the destination is strong and now open for business and will be additionally ready for business as usual during spring and summer through post -storm images and video Highlight recognizable landmarks that were unaffected by the storm Remain sensitive of other cities affected by Hurricane Florence Use Visit NC perceptions study research direction and perceptions in short- and loni, Board of Commissioners - October 15, 2018 ITEM: 9 -2-12 to validate campaign 1-term pending findings Strategies Public Relations Social Media Celebrity Collaboration Influencer Outreach Paid Media VISITNC co -ops Paid Search Paid social Programmatic Display /Video Targeted E- Blasts Trip Advisor PDP Refresh Out of Home (OOH) Creative Refresh Board of Commissioners - October 15, 2018 ITEM: 9 -2-13 QUESTIONS Wi 0 I'MI V4 � 9-0 r U X, 51 - - 9C%►Cs Board of Commissioners - October 15, 2018 ITEM: 9 -2-14 i e NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 15, 2018 DEPARMVI NR Property Management PRESINIMS): Kevin Caison, Facilities Project Manager CONIACT(S): Kevin Caison SUBJECT: Consideration of Award of Construction Manager At Risk Services Contract for the New Hanover County Division of Juvenile Justice Facility Project to Bordeaux Construction Company, Inc. IH1N10Willulul\.�•ii In December of 2017 Moseley Architects was approved to start the space needs assessment (SNA) and subsequent design of the new Division of Juvenile Justice Facility that will replace the existing building located at 138 N. 4th Street. After the SNA was completed three concept options were presented and one was selected as the best direction for the project. The option selected by the board and approved in FY19 budget ordinance was the complete tear down and replacement of the existing building with a new 3 story 35,000 sf facility that will house the Juvenile Justice Court Rooms and associated functions. During the concept development, the delivery method for this project was discussed and the project team recommended the CM@R method due to the unique challenges this project will face. This delivery method is currently being used at the Public Health & Social Services Facility project.The extremely tight site logistics alone justify the benefits of engaging the CM early in order to better design the building for how it will need to be constructed and the associated costs. This delivery method will also provide these key benefits: 1. Guaranteed Maximum Price (GMP) — From the beginning a target not to exceed GMP is set which will be used as a guide for the design team and construction management team to work toward. At design completion the final GMP will be locked in. 2. Preconstruction Planning & Logistics are significantly improved due to the early design collaboration and the ability to better vet subcontractor bids and proposals. 3. Increased Sustainability - Due to the preconstruction planning there are typically less issues. 4. Efficiency — The communication and cooperation between the construction manager, design team, and owner streamlines the process usually resulting in less changes and fewer mistakes. The project is now in the schematic design phase and so it is the ideal time to engage the Construction Manager in order to fully benefit from this delivery method. On August 1, 2018 a Request for Qualifications was posted and on August 15th we received interest from 8 different firms. The selection committee reviewed the submittals and scored them based on the advertised criteria. The top 3 scoring firms were then invited to interview and make a presentation. After the interviews the committee deliberated and decided that Bordeaux Construction Company is the best fit for this project. Aproposal was requested from Bordeaux which is being presented today. Today we are requesting approval of Bordeaux Construction Company, Inc. as the Construction Manager At Risk for the New Hanover County Juvenile Justice Facility at an initial cost of $100,000 for preconstruction services. The remaining CM @R costs of 11% will be determined once the GMP has been finalized. Board of Commissioners - October 15, 2018 ITEM: 10 STRATEGIC PLAN ALIGNNI M- RECONDEMID MOTION AND REQTJESTID ACTIONS: Approve award of Construction Manager At Risk Services Contract to Bordeaux Construction Company, Inc. for the New Hanover County Juvenile Justice Facility designed by Moseley Architects. ATTACUNKNIS: Bordeaux Proposal COUNTY MANAGER'S CORM ENIS AND RECOMMENDATIONS: (only Manager) Recommend approval. CONMSSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - October 15, 2018 ITEM: 10 N.? B O R D E A U X Construction Company, Inc. September 21, 2018 Mr. Kevin Caison Facilities Project Manager New Hanover County 200 Division Drive Wilmington, NC 28401 Reference: New Hanover County Juvenile Justice Facility - Fee + General Conditions Proposal Dear Kevin, Thank you for the opportunity to provide our cost proposal for the New Hanover County Juvenile Justice Facility. The fee and Lump Sum GC proposal is based on a project budget of $13,864,785 and scope as indicated in the documents provided within the RFQ. For the purpose of this proposal, construction of the facility is anticipated to be a 17 -month duration plus an additional month for punchlist and commissioning for 18- months total duration. The assumption of schedule is being made with the limited information in place. Until the subsurface evaluation is performed, it is unknown if special foundations will be required, and if so, what system will be utilized (and with what associated duration). In addition, negotiations with the adjacent property owners must take place to determine what construction methods /site logistics will be required. We offer the following fee proposal for the proposed project: Preconstruction fee: $100,000 Construction Management Fee: 11% CM Fee broken down as follows: Lump Sum General Conditions (18 Months): $988,650 (7.1%) CM Overhead & Profit 3.9% (of cost of work) The general conditions estimate of the proposed layout, along with a matrix of general conditions, fee, cost of work, A /E, and owner responsibilities are attached to this proposal. We have not verified the feasibility of the budget as discussed and reserve the right to recommend decrease of project scope or increase of budget as part of our preconstruction services. We are looking forward to working with you on the New Hanover County Juvenile Justice Project. Should you have any questions, please contact me. Very truly yours, Bor eaux Construction Company, Inc. Warren Vice President 135 E. Martin St., Suite 101, Raleigh, NC 27601 (9 WJaWgf ��ri�rAdionVrls AT8 www.borddTEiktdfl�s&udtion.com Estimate Company Standard Estimate Report Page 1 NHC Juvenile Justice 912012018 10 :11 AM Labor Material Subcontract Equipment Other Total Item Description Takeoff Qty Unit Cost Amount Unit Cost Amount Unit Cost Amount Name Unit Cost Amount Unit Cost Amount Unit Cost Amount 1100.00 PLANT 1131.00 Personnel: Proj. Managmnt 20 Project Manager (75 %) 58.50 WK 3,000.00 /WK 175,500 200.00 /WK 11,700 0.00 0 3,200.00 /WK 187,200 40 Superintendent 78.00 WK 3,000.00 /WK 234,000 200.00 /WK 15,600 0.00 0 3,200.00 /WK 249,600 40 Asst. Superintendent 78.00 WK 2,250.00 /WK 175,500 200.00 /WK 15,600 2,450.00 /WK 191,100 50 Project Engineer (75 %) 58.50 WK 1,750.00 /WK 102,375 - - 0.00 0 0.00 0 1,750.00 /WK 102,375 70 Mgmnt Vehicle Maintenance 54.00 MTH - - 250.00 /MTH 13,500 - - 0.00 0 250.00 /MTH 13,500 70 Mgmnt Vehicle Fuel 54.00 MTH - 750.00 /MTH 40,500 - 0.00 0 750.00 /MTH 40,500 Personnel: Proj. Managmnt 687,375 54,000 42,900 784,275 1132.00 Construction Progress Documentation 20 Digital Cameras /Misc Pictures 1.00 LS - 4,200.00 /LS 4,200 - - - 4,200.00 /LS 4,200 40 Document Printing 15.00 SET - - 350.00 /SET 5,250 - - 350.00 /SET 5,250 Construction Progress Documentation 9,450 9,450 1135.00 Project Safety 20 General Safety Superintendent 78.00 WK 350.00 /WK 27,300 - - 50.00 /WK 3,900 400.00 /WK 31,200 40 Drinking Water and Ice 18.00 MTH - - 75.00 /MTH 1,350 - - 75.00 /MTH 1,350 50 First Aid Supplies 18.00 MTH - 48.83 /MTH 879 - - - 48.83 /MTH 879 Project Safety 27,300 2,229 3,900 33,429 1143.00 Building Information Management 40 Building Information Modeling & VDC (BIM) 35,350.00 SF - - - - 0.50 /SF 17,675 0.50 /SF 17,675 Building Information Management 17,675 17,675 1158.00 Project Identification 10 Owner Project Sign 2.00 EA 750.00 /EA 1,500 - - 750.00 /EA 1,500 20 Signage 2.00 EA 750.00 /EA 1,500 - - 750.00 /EA 1,500 Project Identification 3,000 3,000 1591.00 Office Equipment 10 UPS /Courier Service 18.00 MTH - - 200.00 /MTH 3,600 200.00 /MTH 3,600 20 Hook -up Phone 1.00 LS - - 2,000.00 /LS 2,000 2,000.00 /LS 2,000 30 Temp Toilet 108.00 MTH 0.00 0 90.00 /MTH 9,720 90.00 /MTH 9,720 40 Copy Machine 18.00 MTH - - 0.00 0 600.00 /MTH 10,800 600.00 /MTH 10,800 60 Field Office Supplies 18.00 MTH 150.00 /MTH 2,700 - - - - 150.00 /MTH 2,700 70 Contractor Office 18.00 MTH 0.00 0 750.00 /MTH 13,500 750.00 /MTH 13,500 70 Tool Trailer 18.00 MTH 500.00 /MTH 9,000 - - 500.00 /MTH 9,000 100 Computer Data Line 18.00 MTH - - 0.00 0 150.00 /MTH 2,700 150.00 /MTH 2,700 110 Cell Phone Service 54.00 MTH 0.00 0 100.00 /MTH 5,400 100.00 /MTH 5,400 120 Computer Systems 1.00 LS 0.00 0 7,500.00 /LS 7,500 7,500.00 /LS 7,500 120 Project Management Software License 1.00 LS - - - - 13,000.00 /LS 13,000 13,000.00 /LS 13,000 210 Contractor Office Setup /Cleanup /Maint 18.00 MTH 225.00 /MTH 4,050 100.00 /MTH 1,800 - - 45.10 /MTH 812 0.00 0 370.10 /MTH 6,662 220 Security & Camera System 18.00 MTH - - - - 650.00 /MTH 11,700 0.00 0 0.00 0 650.00 /MTH 11,700 Office Equipment 4,050 4,500 11,700 23,312 54,720 98,282 1705.00 Clean Up 10 Weekly Cleanup 18.00 MTH 1,000.00 /MTH 18,000 - - 150.00 /MTH 2,700 100.00 /MTH 1,800 0.00 0 1,250.00 /MTH 22,500 Clean Up 18,000 2,700 1,800 22,500 1730.00 Tools & Equipment 10 Supt. Misc. Tools 18.00 MTH - - 0.00 0 - - 250.00 /MTH 4,500 - - 250.00 /MTH 4,500 Tools & Equipment 4,500 4,500 PLANT 736,725 73,179 14,400 76,412 72,395 973,111 Estimate Totals Description Amount Totals Hours Rate Cost Basis Cost per Unit Percent of Total Labor 736,725 74.52 Material 73,179 7.40 Subcontract 14,400 1.46 Equipment 76,412 7.73 Other 72,395 7.32 973,111 973,111 98.43 98.43 Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 2 Estimate Company Standard Estimate Report Page 2 NHC Juvenile Justice 912012018 10 :11 AM Estimate Totals Sales Tax 15,539 7.000 % c 1.57 Total Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 3 988,650 APPENDIX A Division of Project Cost Elements I. CONSTRUCTION MANAGEMENT SERVICES DESCRIPTION BASIC FEE GEN CONDS. A/E COST OWNER COST COST OF WORK Project Superintendent(s) X Assistant Superintendent(s) X Field Engineer X On -Site Clerical X Project Engineer X Project Manager X Superintendent's Transportation X Assistant Supt's Transportation X Project Engineer's Transportation X Project Manager Trans. X Project staff after Final Completion X Project staff during Owner's post - construction audit X Corporate Executives X Principal in Charge X Project Executive X Legal Services X Accounting X Scheduling X BIM X Life -Cycle Analysis X Energy Management X Production Engineering X Purchasing X Value Engineering X Systems Development X Estimating X Cost Engineers X Project Coordinator X Project Expediter X Drafting Detailer X Drawing Checker X Safety Officer X E.E.O. Officer X Time Keeper /Checker X Safety Engineer X Off -Site Staff Travel Costs X Off -Site Staff Transportation X Engineers' Transportation X Project Staff Moving Expense X Project Staff Subsistence Costs X Project Budget Estimating X Project Phasing X NOTE: ALL PERSONNEL COSTS INCLUDE SALARIES AND APPROVED LABOR BURDEN NEW HANOVER COUNTY DEPARTMENT OF JUVENILE JUSTICE - GENERAL CONDITIONS Page I of 5 Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 4 APPENDIX A Division of Project Cost Elements II. SAFETY, SECURITY, AND SERVICES DESCRIPTION BASIC FEE GEN CONDS. A/E COST OWNER COST COST OF WORK Safety Equipment X X First Aid Supplies X Handrails and Toe Boards X X Opening Protection X X Fire Extinguishers X Security Guard/Watchman Svcs. X Weekly Cleanup X X* Final Cleanup X Temporary Fencing X Covered Walkways X Barricades X X Safety Nets X Dumpster Rental /Removal X Public Traffic Control X Construction Roadway Maintenance X X Dust Controls X X 2 -Way Radios /Cell Phones X Trash Chute & Hoppers X Snow and Ice Removal X III. FACILITIES, EQUIPMENT AND SERVICES DESCRIPTION BASIC FEE GEN CONDS. A/E COST OWNER COST COST OF WORK Office Trailer Rental X Tool/Utility Trailer Rental X Water /Ice X Food/Drinks (other than water) X Temporary Lighting/Wiring X Power Expenses — Trailers X* Permanent Power X* Temporary Water Services X* Temporary Heat Expenses X* Temporary Cooling Expenses X* Temporary Toilets /Sewer Services X Change /Shower Rooms X Temporary Stairs X Temporary Enclosures /Partitions X Project Signs/Bulletin Boards X On -site Telephone Expenses X Temporary Roads Construction X Utility Trucks X Air Compressors X Dewatering Equipment X Generators X Miscellaneous Equipment X Fuel/Repairs /Maintenance X NEW HANOVER COUNTY DEPARTMENT OF JUVENILE JUSTICE - GENERAL CONDITIONS Page 2 of 5 Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 5 APPENDIX A Division of Project Cost Elements IV. VERTICAL HOISTING DESCRIPTION BASIC FEE GEN CONDS. A/E COST I OWNER COST COST OF WORK Less than 25 Ton X X X 25 Ton and Greater X X X NOTE: ALL PERSONNEL COSTS SHALL INCLUDE SALARIES AND APPROVED LABOR BURDEN V. REPRODUCTION AND PRINTING DESCRIPTION BASIC FEE GEN CONDS. A/E COST OWNER COST COST OF WORK Design Phase X X Cost Study Documents X X Systems Study Documents X X Bid Package Documents X X Post Bid Construction Documents X X Accounting Forms X X Field Reporting Forms X X Contract Agreements X X Schedule Report Forms X X Estimating Forms X X Cost Reporting Forms X Presentation Charts and Graphics X X Value Analysis Studies X X Data Processing (In- House) X X Reference Materials X X Duplication Expense (Misc.) X Shop Drawing Printing X Assemble and Print Maintenance Manuals X Assemble and Print Operation Manuals X Special Forms X Postage and Delivery Expense X NOTE: ALL PERSONNEL COSTS INCLUDE SALARIES AND APPROVED LABOR BURDEN VI. QUALITY CONTROL DESCRIPTION BASIC FEE GEN CONDS. A/E COST OWNER COST COST OF WORK Special Inspection Consultants X Special Testing Consultants X Concrete Testing X Masonry Testing X Compaction Testing X Welding Inspections X Soils Investigations X Special Testing Services X Field Office Supplies/Materials X Project Photographs X Warranty Inspection Coordination X Air & Water Balancing X Operator On -site Training X Prepare Operation Manuals X Prepare Maintenance Manuals X NOTE: ALL PERSONNEL COSTS SHALL INCLUDE SALARIES AND APPROVED LABOR BURDEN NEW HANOVER COUNTY DEPARTMENT OF JUVENILE JUSTICE - GENERAL CONDITIONS Page 3 of 5 Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 6 APPENDIX A Division of Project Cost Elements VII. PERMITS AND SPECIAL FEES DESCRIPTION BASIC FEE GEN CONDS. A/E COST OWNER COST COST OF WORK Storage Yard Rental X X Parking Lot Rentals X X Parking Fees X X Curb & Gutter Permits X X Sign Permits X X Staking & Layout Fees /Costs X X Sidewalk Permits X X Landscape Permits X X Street/Curb Design Charge X X Building Permits X X Plan Check Fees X X Water Connection Fee* X X Sanitary Connection Fee* X X Storm Connection Fee* X Gas Service Charge* X Power Service Charge* X Special Tap Fees X Contractors' Licenses X Royalties X Zoning Fees /Consultants X Use Fees X A.G.C. Fees X NOTE: ALL PERSONNEL COSTS INCLUDE SALARIES AND APPROVED LABOR BURDEN *Represent final connection costs, not temporary. VIII. INSURANCE AND BONDS DESCRIPTION BASIC FEE GEN CONDS. A/E COST OWNER COST COST OF WORK Builder's Risk Insurance * X Designer's Errors and Omissions X General Liability* X Completed Operations Liability * X Excess Liability Coverage * X CM Payment Bond * X CM Performance Bond * X Subcontractor Payment Bonds ** X Subcontractor Performance Bonds ** X Subcontractor Payment Bonds (using Subguard) ** X Subcontractor Performance Bonds (using Subguard) ** X Off -Site Insurance X Off -Site Taxes X NOTE: ALL PERSONNEL COSTS INCLUDE SALARIES AND APPROVED LABOR BURDEN * Bonds and Insurances are listed as General Conditions, but are understood to be separate general conditions based on the total cost of work ** If subcontractors are to be bonded, then the CM must determine to use one or the other type of bond. The CM cannot split between the two; for example, use all Subguard or all subcontractor bonds, not part Subguard and part subcontractor bonds. If Subguard is used, it will be a separate NTE reimbursable cost. NEW HANOVER COUNTY DEPARTMENT OF JUVENILE JUSTICE - GENERAL CONDITIONS Page 4 of 5 APPENDIX A Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 7 Division of Project Cost Elements IX. OTHER COSTS DESCRIPTION BASIC FEE GEN CONDS. A/E COST OWNER COST COST OF WORK Project Taxes X Construction Equipment X Construction Labor Costs X Construction Materials X Subcontractor Layout & Staking X Survey Controls and Benchmarks X Cost of Design & Engineering X A/E Cost for Bid Packages X Preliminary Soils Inspections X Title/Development Cost X Land Costs X Financing /Interest Cost X Interim Financing Costs X Owner Change Contingency X Designer Contingency X Building Operation after Move -in X Building Maint. after Move -in X Moving Coordination X Moving Costs X Corrective Work X Asbestos Abatement X Lead Abatement X C.M. General Overhead Cost X C.M. Profit/Margin X Costs Over GMP X NOTE: ALL PERSONNEL COSTS INCLUDE SALARIES AND APPROVED LABOR BURDEN NEW HANOVER COUNTY DEPARTMENT OF JUVENILE JUSTICE - GENERAL CONDITIONS Page 5 of 5 Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 8 STATE OF NORTH CAROLINA NEW HANOVER COUNTY AGREEMENT THIS CONTRACT made and entered into this day of 2017 by and between NEW HANOVER COUNTY, a political subdivision of the State of North Carolina, hereinafter referred to as "County "; and ,a as Contract Manager at Risk, hereinafter referred to as "CM." For services in connection with the Project known as: New Hanover County Division of Juvenile Justice Facility Project, as further described in Article 2: Project Architect ( "Designer "): Moseley Architects 11430 N. Community House Road Suite 225 Charlotte, NC 28277 The County and CM, in consideration of their mutual covenants herein, agree as set forth below: ARTICLE 1 RELATIONSHIP OF THE PARTIES 1.1 County and Construction Manager The CM and the County shall perform as stated in this Agreement and each accepts the relationship between them that is established by this Agreement. 1.1.1 Standard of Care The CM covenants with the County to furnish its skill and judgment with due care in accordance with applicable federal, state, and local laws and regulations that are in effect on the date of this Agreement first written above. 1.2County and Designer The County shall contract separately with one or more Designers to provide architectural and engineering design for the Project. The Project is defined in Article 2 of this Agreement. 1.3 County and Contractors The County will require the CM to contract directly with such Contractors as may be necessary for construction or supply of the Project. All such contracts shall be issued consistent with the applicable provisions of this Agreement and N.C. Gen. Stat. § 143 -128 to 132. 1.4 Relationship of the CM to the Designer and Other Proiect Participants In providing construction management services described in this Agreement, the CM shall maintain a working relationship with the Designer. The Designer is solely responsible for the Project design and shall perform in accordance with the Designer Agreement with the County and nothing in this Agreement shall be Acct:36800000800700 CP729 New Hanover County Contract #19 -0116 draft construed to mean that the CM is responsible for the design of the Project or that the CM assumes any of the contractual or customary duties of the Designer or any other persons or parties not specified by this Agreement. ARTICLE 2 PROJECT DEFINITION The term "Project" when used in the Agreement shall mean the total construction of which the Work may be a whole or part of the Project. The term "Work" required for the "Project" used in this Agreement shall mean the various parts of total construction to be performed under this Agreement. The Project name and locations are as follows: NHC Division of Juvenile Justice Facility Project 138 N. 4th Street Wilmington, NC 28401 The Project is defined as: Construction management at risk services for the construction of a new Division of Juvenile Justice Facility that will house juvenile courtrooms and related functions. The new facility will be located at 138 North 4th Street. The anticipated facility size is 35,350 sq. ft. and 3 stories. The new facility will be constructed on the same parcel as the existing DJJ building. ARTICLE 3 CONSTRUCTION MANAGER'S BASIC SERVICES 3.1 CM Basic Services The CM shall perform the Basic Services described herein. It is not required that the Basic Services be performed in the sequence in which they are described. 3.2 Design Phase — Proiect Management 3.2.1 Project Management 3.2.1.1 Construction Management Plan The CM shall prepare a Construction Management Plan for the Project within the time mutually established by the County and CM and shall make recommendations for revisions to the plan throughout the duration of the Project, as may be appropriate. In preparing the Construction Management Plan, the CM shall consider the County's schedule, budget, and design requirements for the Project. The CM shall then develop various alternatives for the sequencing and management of the Project and shall make recommendations to the County. The Construction Management Plan shall also include a description of the various bid packages recommended for the Project. The Construction Management Plan shall be presented to the County for acceptance. The CM shall develop a master schedule for the project. The CM shall determine the appropriate bid packages based on Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 9 Req. 31565 1 the available resources. The CM shall familiarize itself with all available project funding and work with the County and Designer to maximize the scope and quality of the project based upon the available funds. The CM shall make recommendations regarding communication among the parties in an effort to ensure the prompt and proper flow of project information. The CM shall outline its plan for minority business enterprise participation goals required by state law and the County, including reporting all information required by state law on behalf of the County to the North Carolina Department of Administration, Office of Historically Underutilized Businesses. The CM shall include a project safety plan covering all critical areas of the project. 3.2.2 Time Management 3.2.2.1 Master Schedule In accordance with the Construction Management Plan, the CM shall prepare a Master Schedule for the Project in accordance with the deadlines established by the County. The Master Schedule shall specify the proposed start and finish dates for each major project activity. The CM shall submit the Master Schedule to the County for acceptance. 3.2.2.2 Design Phase Milestone Schedule After the County accepts the Master Schedule the CM shall prepare a Milestone Schedule for the Design Phase. The Design Phase Milestone Schedule may be used in the request for proposals and contract for the Designer and shall be a method for judging progress during the Design Phase. The CM shall track the Designer's progress during the design phase and alert the County of any delays in the Designer's timely completion of its services. 3.2.3 Cost Management 3.2.3.1 Construction Market Survey The CM shall conduct a Construction Market Survey to provide current information regarding the general availability of local construction services, labor, materials and equipment cost and other economic factors related to the Project. 3.2.3.2 Project and Construction Budget Based on the Construction Management Plan and the Construction Market Survey, the CM shall prepare a Project and Construction Budget based on separate divisions of the Work required for the Project and shall identify contingencies for design and construction. The CM shall submit the Project and Construction Budget to the County for acceptance. The CM shall make recommendations to the County and Designer regarding whether the County should conduct any additional geotechnical, environmental or other inspections of the project site reasonably necessary for the CM to estimate the cost of the work and minimize change orders due to unforeseen conditions. If the project involves renovation work, the CM shall perform inspections of the existing building and project conditions and perform any destructive testing reasonably necessary for the Acct:36800000800700 CP729 New Hanover County Contract #19 -0116 draft Designer to prepare a complete and accurate set of construction documents and allowing the CM to estimate the cost of the work in order to minimize change orders due to unforeseen conditions. The cost of any destructive testing shall be billed as a reimbursable and shall not be included in the CM's fee for basic services. The Project and Construction Budget shall be revised as directed by the County. 3.2.3.3 Preliminary Estimate and Budget Analysis The CM shall analyze and report to the County the cost of various design and construction alternatives, including CM's assumptions in preparing its analysis, a variance analysis between budget and preliminary estimate, and recommendations for any adjustments to the budget. As a part of the cost analysis, the CM shall consider costs relating to efficiency, usable life, maintenance, energy, and operation. 3.3 Design Phase — Design Support 3.3.1 Project Management 3.3.1.1 Revisions to the Construction Management Plan During the Design Phase, the CM shall make the recommendations to the County regarding revisions to the Construction Management Plan. Revisions approved by the County shall be incorporated into the Construction Management Plan. 3.3.1.2 Project Conference At the start of the Design Phase, the CM shall conduct a project conference attended by the Designer, the County and others as necessary. During the Project Conference, the CM shall review the Construction Management Plan, the Master Schedule, the Design Phase Milestone Schedule, the Project and Construction Budget, and the MIS. The CM shall be responsible for tracking the progress of the design in relation to the design phase milestone schedule and shall promptly notify county of any delay. The CM shall make recommendations to the county, with a copy to the designer, regarding strategies for overcoming any delay in the design of the project. 3.3.1.3 Design Phase Information The CM shall monitor the Designer's compliance with the Construction Management Plan and the MIS and the CM shall coordinate and expedite the flow of information between the County, Designer, and others as necessary. 3.3.1.4 Progress Meetings The CM shall conduct periodic progress meetings attended by the County, Designer and others as necessary. Such meetings shall serve as a forum for the exchange of information concerning the Project and the review of design progress. The CM shall prepare and distribute minutes of these meetings to the County, Designer and others. During the periodic progress meetings, the CM shall update the County and Designer regarding the estimated cost of the design and make recommendations to the County and Designer regarding constructability, construction cost, sequence of construction, construction duration, possible means and Board of Commissioners - October 15, 2018 ITEM: 10-1 -10 Req. 31565 2 methods of construction, time for construction, and any other information reasonably necessary to assist the Designer with cost, budget and schedule requirements. 3.3.1.5 Review of Design Documents The CM shall review the design documents and any addenda or other information from the Designer for clarity, consistency, constructability and coordination among the Contractors. If the project is a prototype that has been previously constructed, the CM shall verify that all applicable change orders from previous projects have been incorporated into the bidding documents. The results of the review shall be provided in writing as notations on the documents. The CM is not responsible for providing, nor does the CM control, the Project design and contents of the design documents. By performing the reviews described herein, the CM is not acting in a manner so as to assume responsibility or liability, in whole or in part, for all or any part of the Project design and design documents. The CM's actions in reviewing the Project design and design documents and in making recommendations as provided herein are for the use of the County and Designer. 3.3.1.6 Design Recommendations The CM shall make recommendations to the County and Designer with respect to constructability, construction cost, sequence of construction, construction duration, possible means and methods of construction, time for construction, and separation of the Project contracts for various categories of Work. In addition, the CM shall give to the Designer all data of which it or the County is aware concerning patents or copyrights for inclusion in Contract Documents. 3.3.1.6.1 On renovation protects, the CM shall: A. Conduct thorough evaluation of existing conditions of building(s), all building systems, site, and site infrastructure; B. Conduct destructive and nondestructive testing as necessary to thoroughly evaluate existing conditions of the building(s), building systems, site, and site infrastructure (all testing, whether destructive or non - destructive, is to be approved in advance by the County and shall be coordinated to occur at a time that will reasonably allow the information to be used by the Designer in the in the preparation of the contract documents); C. Report to County and Designer during design phase regarding findings of evaluation of existing building(s), building systems, site, and site infrastructure and make recommendations to the County and Designer that will assist with establishing cost, budget, and schedule requirements; D. Work with County and Designer during design phase to create phasing plans that allow the work to be conducted in the most expedient manner while taking into account both cost and time; E. Develop a plan to address the safety and Acct:36800000800700 CP729 New Hanover County Contract #19 -0116 draft security of all students, staff, visitors that will be on a site that is being used as a school during construction, including a plan that minimizes noise levels that would be disruptive to the educational environment without the prior approval of the County. 3.3.1.7 County Design Reviews The CM may expedite the County's design reviews by compiling and conveying the County's comments to the Designer. 3.3.1.8 Approvals by Regulatory Agencies The CM shall monitor transmittal of documents to regulatory agencies for review and shall advise of potential problems in completing such reviews of which the CM is aware. 3.3.1.9 General Conditions The General Conditions for use in the contracts between the CM and the Contractors for construction of the Project shall developed by the CM. Separate General Conditions for materials and equipment procurement shall be prepared by the CM to meet the specific requirements of the Project and all of the requirements of this Agreement. In interpreting the requirements of this Agreement, anything shown on the Designer's drawings and not mentioned in the specifications or mentioned in the specifications and not shown on the drawings shall have the same effect as if shown or mentioned respectively in both. The Designer's technical specifications take priority over general specifications and detail drawings take precedence over general drawings. Any work shown on one drawing shall be construed to be shown in all relevant drawings, and the CM will coordinate the work and the drawings. If any portion of the Designer's plans and specifications shall be in conflict with any other portion, the various documents comprising the contract documents shall govern in the following order of precedence: this Agreement; any addendum issued by the Designer; the specifications; the drawings; as between schedules and information given on drawings, the schedules shall govern; as between figures given on drawings and the scaled measurements, the figures shall govern; as between large -scale drawings and small scale drawings, the larger scale drawings shall govern. Any such conflict or inconsistency between or in the drawings shall be submitted to the Designer whose decision thereon shall be final and conclusive. 3.3.1.10 Public Relations The CM shall assist the County in public relations activities and shall prepare information for and attend public meetings regarding the Project. 3.3.1.11 Project Funding The CM shall assist the County in preparing documents concerning the Project and Construction Budget and for use in obtaining or reporting on project funding. The documents shall be prepared in a form approved by the County. Board of Commissioners - October 15, 2018 ITEM: 10-1 -11 Req. 31565 3 3.3.2 Time Management 3.3.2.1 Revisions to Master Schedule While performing the services provided in Paragraphs 3.3.1.1, 3.3.1.2 and as necessary throughout the Design Phase, the CM shall recommend revisions to the Master Schedule. The County shall issue change orders as needed to the appropriate parties to implement the Master Schedule revisions. 3.3.2.2 Monitoring The Design Phase Milestone Schedule While performing the services provided in Paragraphs 3.3.1.3, and 3.3.1.4, the CM shall monitor compliance with the Design Phase Milestone Schedule. 3.3.2.3 Pre -Bid Construction Schedules Prior to transmitting Contract Documents to bidders, the CM shall prepare a Pre -Bid Construction Schedule for each part of the Project and make the schedule available to the bidders during the Procurement Phase. 3.3.3 Cost Management 3.3.3.1 Cost Control Following the completion of each design phase milestone, the CM shall prepare an estimate of the construction cost for the Design Drawings and Specifications furnished by the Designer. Each estimate shall be accompanied by a report to the County and Designer identifying variances from the Project and Construction Budget as well as CM's assumptions in preparing the estimate. The CM shall coordinate the activities of the County and Designer when changes to the design are required to remain within the Project and Construction Budget. 3.3.3.2 Project and Construction Budget Revision The CM shall make recommendations to the County concerning the design changes that may result in revisions to the Project and Construction Budget and divisions of the Work required for the Project. 3.3.3.3 Value Engineering Studies The CM shall provide value engineering recommendations to the County and Designer for major construction components, including cost evaluations of alternative materials and systems. 3.3.4 Management Information System (MIS) 3.3.4.1 Schedule Reports In conjunction with the services provided by Paragraph 3.3.2.1, the CM shall prepare and distribute schedule maintenance reports that shall contrast actual progress against scheduled progress for the Design Phase and the overall Project and shall make recommendations to the County for corrective action. 3.3.4.2 Project Cost Reports The CM shall prepare and distribute project cost reports that shall indicate estimated costs compared to the Acct:36800000800700 CP729 New Hanover County Contract #19 -0116 draft Project and Construction Budget and shall make recommendations to the County for corrective action. 3.3.4.3 Cash Flow Report The CM shall periodically prepare and distribute a cash flow report. 3.3.4.4 Design Phase Change Order Report The CM shall prepare and distribute Design Phase change order reports that shall list all County- approved change orders as of the date of the report and shall state the effect of the change orders on the Project and Construction Budget and the Master Schedule. 3.4 Procurement Phase 3.4.1 Project Management The CM shall procure bids in accordance with N.C. Gen. Stat. § 143 -128 to -132. The CM shall ensure that all minority business participation goal requirements are followed in the solicitation and award of contracts. The CM shall report its efforts to solicit minority business participation to the County in writing. Unless approved otherwise by the County, a minimum of three (3) bids shall be required for opening if bids are received in advance of the GMP having been established. 3.4.1.1 Prequalifying Bidders The CM shall work with County to develop lists of possible prequalified bidders. This service shall be performed in accordance with County's prequalification of bidders for construction projects. The County shall notify the CM of any reasonable objections to a proposed bidder, and the CM shall remove that bidder from the bidders list. The CM shall provide the County with a list of all businesses in which the CM's have any ownership interest if the business is engaged in the construction industry, including demolition and the supply of materials for construction, and the CM intends to solicit bids for any work on the project from the business. The CM shall provide said list to the County prior to prequalifying bidders for the work. The County shall determine whether any business listed may submit a bid or perform any work on the project. 3.4.1.2 Bidder's Interest Campaign The CM shall conduct a telephonic and correspondence campaign to attempt to create interest among qualified bidders. 3.4.1.3 Notices and Advertisements The CM shall prepare and place notices and advertisements to solicit bids for the Project as prescribed by N.C. Gen. Stat. § 143 -128 TO -132. 3.4.1.4 Delivery of Bid Documents The CM shall expedite the delivery of bid documents to the bidders. The CM shall obtain documents from the Designer and arrange for printing, binding, wrapping and delivery to the bidders. The CM shall maintain a record of bidders receiving documents. The CM shall notify the Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 12 Req. 31565 4 County in advance, in writing, of the anticipated number of bid documents to be produced. The County shall reimburse the CM for the actual cost of bid documents. 3.4.1.5 Pre -Bid Conference In conjunction with the Designer, the CM shall conduct a Pre -Bid Conference. These conferences shall be forums for the CM and Designer to explain to the bidders the Project requirements, including information concerning schedule requirements, time and cost control requirements, access requirements, contractor interfaces, the project administrative requirements and technical information. 3.4.1.6 Information to Bidders The CM shall develop and coordinate procedures to provide answers to bidders' questions. 3.4.1.6.1 Site Access for Bidders In the event bidders require access to the site to gain information necessary to prepare their bids, the CM shall be responsible for coordinating access with the County. Any access shall be during regular business hours or otherwise at a time that would not unreasonably disturb the adjacent property owners. If the information sought by the bidders requires any alteration to the existing building or site or destructive testing, the CM shall notify the County in advance and coordinate said work so that it does not cause any disruption to the current use of the site or building. The CM shall ensure that any disturbed areas are repaired if the building is currently being used by the County. In all situations, the CM shall ensure that the site or building is left in a safe and secure condition and that the disturbed area is cleaned of any debris resulting from the access. In the event that the bidders' access disturbs any adjacent property, including depositing dirt, soil or debris on the roads adjacent to the site, the CM shall promptly clean any and all areas and be responsible for any claims, fines or penalties resulting from said access. 3.4.1.7 Addenda The CM shall receive from the Designer a copy of all addenda. The CM shall review addenda for clarity, consistency and coordination. By performing the reviews described herein, the CM is not acting in a manner so as to assume responsibility or liability, in whole or in part, for all or any part of the Project design The CM shall also distribute a copy of all addenda to each bidder receiving documents. 3.4.1.8 Bid Opening The CM shall act as the fiduciary of the public entity in handling and opening bids. All bids shall be received and opened in a matter agreed upon by the County The CM shall conduct bid openings and shall evaluate the bids to determine the lowest responsive and responsible bidder taking into consideration quality, performance, and time specified to perform. The contracts shall be awarded in accordance with N.C. Gen. Stat. § 143 - 128.1. 3.4.1.9 Construction Contracts At the direction of the County, the CM shall prepare, execute, and deliver the Contract Documents between Acct:36800000800700 CP729 New Hanover County Contract #19 -0116 draft the CM and the Contractors. The contract documents shall consist of the plans and specifications, any addendum, the general conditions, the form of Agreement between the CM and the contractor, and any other documents incorporated by the CM. The CM shall also issue the notices to proceed. The CM shall not issue contract documents or notices to proceed with the work to the contractors until the County and CM have agreed upon the amount of reduction, if any, of the GMP as a result of the receipt of bids that are lower than the estimated amount and the County has notified the CM that it can proceed with the work. 3.4.1.10 Permits, Insurance and Labor Affidavits The CM shall verify that the Contractor has secured the required building permits, bonds, insurance, labor affidavits, and waivers. 3.4.2 Time Management 3.4.2.1 Pre -Bid Construction Schedule The CM shall inform the bidders of their responsibilities regarding the Pre -Bid Construction Schedule specified in the Instructions to Bidders or Contract Documents. The CM shall inform the bidders of the County's requirements for scheduling and communication between the parties. 3.4.2.2 Construction Schedule The CM shall provide a copy of the Master Schedule to the bidders. The CM shall prepare a construction schedule and all updates in accordance with the County's scheduling requirements. The County shall provide the CM with its scheduling requirements prior to receipt of bids for the project. 3.4.3 Cost Management 3.4.3.1 Estimates for Addenda Unless the County has elected to establish the GMP after bids have been received, the CM shall prepare an estimate of costs for all addenda and shall submit the estimates to the County for approval. After approval by the County, the addenda shall be transmitted to bidders and the Guaranteed Maximum Price and the CM's compensation shall be adjusted as provided in this Agreement. 3.4.3.2 Analyzing Bids: Upon receipt of bids, the CM shall evaluate the bids, including alternate prices and unit prices. 3.4.4 Management Information System (MIS) 3.4.4.1 Schedule Maintenance Reports The CM shall prepare and distribute schedule maintenance reports during the Procurement Phase. The reports shall compare the actual bid and award dates to scheduled bid and award dates and shall summarize the progress of the Project. 3.4.4.2 Project Cost Reports The CM shall prepare and distribute the project cost reports during the Procurement Phase. The reports shall Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 13 Req. 31565 5 specify the actual award prices and construction costs for the Project, compared to the Project and Construction Budget. The CM shall provide updated project cost reports to the County, with a copy to the Designer, on at least a monthly basis. 3.4.4.3 Cash Flow Reports The CM shall prepare and distribute cash flow reports during the Procurement Phase. The reports shall be based on actual award prices and construction costs for the Project and the reports shall specify the actual cash flow compared to the projected cash flow. 3.5 Construction Phase 3.5.1 Project Management 3.5.1.1 Pre - Construction Conference In connection with the Designer, the CM shall conduct a Pre - Construction Conference during which the CM shall review the reporting procedures, site operations and other contractual requirements. 3.5.1.2 Onsite Management and Construction Phase Communication Procedures The CM shall provide and maintain a management team on the Project site to provide contract administration and the CM shall establish and implement coordination and communication procedures among the CM, County, Designer, and Contractors. The CM's project manager and superintendent shall be approved by the County. The County reserves the right to require the removal of a particular pm or superintendent at any time the County reasonably believes the PM or superintendent is adversely impacting the project. A PM or superintendent approved by the County shall not be reassigned by the CM unless they cease to be on the CM's payroll or the County otherwise agrees. The CM shall observe the work as required for general conformance with the contract documents. The CM shall be responsible for project site safety and the means and methods for the construction of the project. 3.5.1.3 Contract Administration Procedures The CM shall establish and implement procedures for expediting and processing requests for information, shop drawings, material and equipment sample submittals, Contractor schedule adjustments, change orders, substitutes, payment requests and the maintenance of logs. The CM shall maintain daily job reports. The CM shall be the party to whom requests for information, submittals, Contractor schedule adjustments, substitutes, change order requests and payment requests shall be submitted. The CM shall provide periodic reports to the County, with a copy to the Designer, updating the status of the project. The reports shall be provided not less than bi- weekly. The County shall have no duty to respond to any information in the periodic reports, unless the CM specifically requests a response or action by the County in writing in a separate document. 3.5.1.4 Project Site Meetings Acct:36800000800700 CP729 New Hanover County Contract #19 -0116 draft Periodically the CM shall conduct meetings at the Project site with each Contractor and the CM shall conduct coordination meetings with all Contractors, the County and Designer. The CM shall conduct weekly progress meetings with the County and Designer. The CM shall record, transcribe and distribute minutes to all attendees, the County and Designer. 3.5.1.5 Coordination of Other Independent Consultants Technical inspection and testing provided by the Designer or others shall be coordinated by the CM. The CM shall be provided with a copy of all inspection and testing reports on the day of the inspection or test or when issued. The CM is not responsible for providing, nor does the CM control, the actual performance of technical inspection and testing. The CM is performing a coordination function and is not acting in a manner so as to assume responsibility, in part or in whole, for all or any part of such inspection and testing. 3.5.1.6 Review of Requests for Changes to the Contract Time and Price The CM shall review the contents of a request for changes to the construction contract time or price submitted by a Contractor, assemble information concerning the request and endeavor to determine the cause of the requests. In instances where the CM's analysis reveals that the request is valid, the CM shall prepare a detailed report to the County and Designer for review. If the County approves the change, the Designer shall prepare the necessary change order documents for signing by the CM and County. The CM shall prepare the necessary change order documents for execution by the CM and contractors. 3.5.1.7 Quality Review The CM shall establish and implement a program to monitor the quality of construction. The CM shall observe the work as required for general conformance with the contract documents. The purpose of the program shall be to guard the County against defects and deficiency in the work of the Contractor. The CM shall transmit to the Contractor a notice of nonconforming work and may reject work when it is the opinion of the CM that the work does not conform to the requirements of the Contract Documents. Except for minor variations as stated herein, the CM is not authorized as part of this service to change, evoke, enlarge, relax, alter, or to release any requirement of the Contract Documents or to approve or accept any portion of the Work not performed in accordance with the Contract Documents. The Designer shall have the final authority to decide the acceptability of the work. 3.5.1.8 Operation and Maintenance Materials The CM shall receive from the Contractors operation and maintenance manuals, warranties and guarantees for materials and equipment installed in the Project, in accordance with the Contract Documents. 3.5.1.9 Substantial Completion The date of substantial completion of the work or designated portion thereof is the date certified by the Designer when the work or a designated portion thereof Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 14 Req. 31565 6 is sufficiently complete, in accordance with the contract documents, so the County can fully occupy and utilize the work or designated portion thereof for the use for which it is intended, with all of the project's parts and systems operable as required by the contract documents, including a preliminary test and balance report for the mechanical system. The CM acknowledges and agrees that the intercom, telephone, data, security, building automation system (including functional graphics at the site), or other operational systems are required for the County's use of the building for its intended purpose. The CM shall provide operation & maintenance manuals to the County as required by the contract documents prior to substantial completion and shall provide the required training on the operation of the equipment and systems within two weeks of substantial completion of the project. The County's occupancy of incomplete work shall not alter the CM's responsibilities pursuant to this Paragraph. Only incidental corrective work and any final cleaning beyond that needed for the County's full use may remain for final completion. The issuance of a temporary or final certificate of occupancy shall not, in itself, constitute substantial completion. When the CM considers that the work, or a designated portion thereof which is acceptable to the County, is substantially complete as defined above, the CM shall prepare for and submit to the Designer and County a list of all items which in the CM's opinion are to be completed or corrected and shall attach it to a request in writing that the Designer perform a substantial completion inspection. The County's occupancy of incomplete work shall not alter the contractor's responsibilities. The Designer shall review the CM's list and shall compile a punch list of items to be corrected and completed. The failure to include any items on such list does not alter the responsibility of the CM to complete all work in accordance with the contract documents. When the Designer and CM on the basis of an inspection jointly determine that the work or designated portion thereof is substantially complete, the Designer will then prepare a certificate of substantial completion which shall establish the date of substantial completion, shall state the responsibilities of the County and the CM for security, maintenance, heat, utilities, damage to the work, and insurance, and shall signify the beginning of the time within which the CM shall complete the items listed therein. Warranties required by the contract documents shall commence on the date of substantial completion of the work or designated portion thereof, unless otherwise provided in the certificate of substantial completion. The certificate of substantial completion shall be submitted to the County and the CM for their written acceptance of the responsibilities assigned to them in such certificate. Upon substantial completion of the work or designated portion thereof and upon application by the CM and certification by the Designer, the County shall make payment, except retainage held pursuant to the contract documents and state law, for such work or portion thereof as provided in the contract documents. The acceptance of final payment shall constitute a waiver Acct:36800000800700 CP729 New Hanover County Contract #19 -0116 draft of all claims by the CM and its contractors, except those previously made in writing and identified by the CM as unsettled at the time the CM submits the application for payment for substantial completion, and except for the retainage sums due at final acceptance. the CM shall indemnify and hold the County harmless against any claims by the contractors that are waived because they were not made in writing and identified by the CM as unsettled when the CM submitted the application for payment for substantial completion. The County shall have the option to correct or complete any and all punch list items not completed by the CM to the satisfaction of the Designer and the County within the time specified for final completion by utilizing its own forces or by hiring others. The cost of such correction of remaining punch list items by the County or others shall be deducted from the final payment to the CM. If CM does not complete certain punch list items within the required time period, all warranties and guarantees for such incomplete punch list items shall become effective upon issuance of final payment for the project. The issuance of the certificate of substantial completion does not indicate final acceptance of the project by the County, and the CM is not relieved of any responsibility for the project except as specifically stated in the certificate of substantial completion. Should the Designer and the County determine that the work or a designated portion thereof is not substantially complete, they shall provide the CM with written notice stating why the project or designated portion is not substantially complete. The CM shall expeditiously complete the work and shall re- request in writing that the Designer perform another substantial completion inspection. Costs, if any, associated with such reinspection shall be assessed to the CM at the rate specified in the Designer's contract. 3.5.1.10 Final Completion In consultation with the CM, the Designer shall determine when the Project and the Contractors' Work is finally completed and, following completion of corrections, the Designer shall issue a Certificate of Final Completion to the County. The date of final completion of the work is the date certified by the Designer and the County when the work is totally complete, to include punchlist work, in accordance with the contract documents and the County may fully occupy and utilize the project for the use for which it is intended. The issuance of a temporary or final certificate of occupancy shall not, in itself, constitute final completion. If more than two (2) final completion inspections are required by the Designer due to the CM's failure to complete the work, the additional inspections shall be charged to the CM at the rate specified in the Designer's contract all punch list work shall be complete. If any change order is issued for work to be performed after the substantial completion certificate is issued, the completion date for that work shall be established separately and shall not prevent the project from achieving final completion for purposes of this Agreement. Following the receipt of payment from the Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 15 Req. 31565 7 County, the CM shall make all payments due to contractors within ten (10) days. For multi - phased projects, final completion of each phase shall include the completion of all work for the phase with the exception of any system that is required to be integrated into a phase that has a later contract date for final completion. This exception might apply to the hvac, data, intercom, or similar systems. Notwithstanding the above, complete and proper operation of all systems shall be required for the project to achieve final completion. 3.5.2 Time Management 3.5.2.1 Master Schedule The CM shall adjust and update the Master Schedule and distribute copies to the County and Designer. All adjustments to the Master Schedule shall be made for the benefit of the Project. 3.5.2.2 Construction Schedule The CM shall adjust and update the construction schedule and shall verify that the schedule is prepared in accordance with the requirements of the County and that it establishes completion dates that comply with the requirements of the master schedule. The CM agrees that the construction schedule is for the benefit of the entire project team and by execution of this Agreement gives permission and direction to its scheduler to provide copies of the schedule in a format as required by the County. 3.5.2.3 Construction Schedule Report The CM shall review the progress of construction of each Contractor on a monthly basis, shall evaluate the percentage complete of each construction activity as indicated in the - Construction Schedule and shall review such percentages with the Contractor. This evaluation shall serve as data for input to the periodic Construction Schedule report that shall be prepared and distributed to the Contractor, the County and Designer. The report shall indicate the actual progress compared to scheduled progress and shall serve as the basis for the progress payment to the Contractor. The CM shall determine and implement alternative courses of action that may be necessary to achieve contract compliance by the Contractor. 3.5.2.4 CM Review of Time Extension Requests The CM shall, prior to the issuance of a change order, determine the effect on the Construction and Master Schedules of time extensions requested by the Contractor. 3.5.2.5 Recovery Schedules The CM shall prepare and submit a recovery schedule in accordance with the County's scheduling requirements specified in Appendix I. 3.5.3 Cost Management 3.5.3.1 Schedule of Values (Each Contract) Acct:36800000800700 CP729 New Hanover County Contract #19 -0116 draft The CM shall, in participation with the Contractors, determine a Schedule of Values for each of the construction contracts. The Schedule of Values shall be the basis for payment to the contractors. 3.5.3.2 Change Order Control The CM shall establish and implement a change order control system that is approved by the County. 3.5.3.2.1 All proposed County- initiated change orders shall first be described in detail in writing. In response to the request for a proposal, the Contractor shall submit to the CM for evaluation detailed information concerning the costs and time adjustments, if any, necessary to perform the proposed change order work. The CM shall review the Contractor's proposal, shall discuss the proposed change order with the Contractor and endeavor to determine the Contractor's basis for the cost and time to perform the Work and, as applicable, the effect, if any, on the Guaranteed Maximum Price. The CM shall present its findings to the County and, following County acceptance, the Designer shall prepare the change order documents for signature by the CM and County. Upon execution of the change order documents between the CM and County, the CM shall prepare change order documents for signature by the affected Contractor. The CM shall verify that the Work, and any adjustment of time required by approved change orders has been incorporated into the Contractor's Construction Schedule. 3.5.3.2.2 The CM shall review the contents of all Contractor - requested changes to the contract time or price, endeavor to determine the effect, if any, on the Guaranteed Maximum Price. The CM shall provide the Designer a copy of each change request, and the CM shall, in its evaluations of the Contractor's request, consider the Designer's comments regarding the proposed changes. The CM shall present its findings to the County regarding the proposed changes and at the County's direction, shall prepare the change order documents for signature by the CM and County. Upon execution of the change order documents between the CM and County, the CM shall prepare change order documents for signature by the affected Contractor. 3.5.3.3 Cost Records In instances where a lump sum or unit price is not determined prior to performing Work described in a request for proposal as provided in Paragraph 3.5.3.2, the CM shall request from the Contractor records of the cost of payroll, materials and equipment and the amount of payments to subcontractors incurred by the Contractor in performing the Work. 3.5.3.4 Trade -Off Studies The CM shall provide trade -off studies for various minor construction components. The results of the trade -off studies shall be in report form and distributed to the County and Designer. 3.5.3.5 Progress Payments In consultation with the Designer, the CM shall inspect the work in order to ensure compliance with the contract Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 16 Req. 31565 8 documents, review the payment applications submitted by each Contractor and determine whether the amount requested reflects the progress of the Contractor's Work. The CM shall make appropriate adjustments to each payment application and shall prepare and forward to the County a progress payment report. The report shall state the total contract price, payments to date, current payment requested, retainage and actual amounts owed for the current period. Included in this report shall be a certificate of payment that shall be signed by the CM and delivered to the County. The CM shall make payments that are due to all contractors, suppliers, and material men within ten (10) days following the receipt of payment for the work from the County. In addition, the CM shall keep the Project and the site on which Work is performed free and clear of all liens from Contractors, subcontractors, or suppliers. The CM shall provide sales tax information using the form attached as appendix a with each payment application. Payments may be made by the County, at its sole discretion, on account of materials or equipment not incorporated in the work but delivered and suitably stored at the site or in a bonded warehouse by the CM or contactor. Payments for materials or equipment stored shall only be considered upon submission by the CM of satisfactory evidence (for example, releases or paid invoices from the seller) that the CM or the contractor has acquired title to such material, that it will be utilized on the work under this contract and that it is satisfactorily stored, protected, and insured or that other procedures satisfactory to the County that will protect the County's interests have been taken. In the event the materials are stored in a bonded warehouse that is not located in the County of the project, the CM shall reimburse the travel cost and hourly billing expenses incurred by the Designer for travel to view and assess whether the materials meet the requirements of the contract documents. Materials once paid for by the County become the property of the County and may not be removed from the work site or bonded warehouse, other than to be delivered from the warehouse to the site, without the County's written permission. Responsibility for such stored materials and equipment shall remain with the CM and the contractor regardless of ownership. The County will retain five percent of the amount for each progress payment on the project, excluding the amount billed for general conditions, for as long as is authorized by G.S. 143 - 134.1. At all times during the project, the County shall retain the maximum funds allowed by G.S. 143 - 134.1. The County specifically reserves the right to withhold additional funds as authorized by this Agreement or G.S. 143 - 134.1. 3.5.3.6 Decisions To Withhold Payment The Designer may withhold a certificate for payment in whole or in part, to the extent reasonably necessary to protect the County. If the Designer is unable to certify payment in the amount of the application, the Designer will notify the CM and the County in writing. If the CM and Designer cannot agree on a revised amount, the Designer will promptly issue a certificate for payment for Acct:36800000800700 CP729 New Hanover County Contract #19 -0116 draft the amount for which the Designer is able to make such representations to the County. The Designer may also withhold a certificate for payment, in whole or in part, to such extent as may be necessary in the Designer's opinion to protect the County from loss for which the CM or the contractor(s) is responsible, including loss resulting from acts and omissions, because of: A. defective work not remedied; B. third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the County is provided by the CM; C. failure of the CM or contractor(s) to make payments properly to sub - contractors or for labor, materials or equipment; D. reasonable evidence that the work cannot be completed for the unpaid balance of the contract sum; E. damage to the County or another contractor; F. reasonable evidence that the work will not be completed within the contract time, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; G. failure to carry out the work in accordance with the contract documents; H. failure to provide sales tax documentation as required by the County; I. failure or refusal of the contractor to submit the required information on minority business enterprises; J. any other reason deemed necessary by the Designer to protect the County; or K. subsequently discovered evidence that work previously approved was not performed in accordance with the contract documents. 3.5.3.7 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 3.5.3.8 No interest shall be added to any amounts withheld pursuant to Paragraph 3.5.3.7. 3.5.4 Management Information System (MIS) 3.5.4.1 Schedule Maintenance Reports The CM shall prepare and distribute monthly schedule maintenance reports during the Construction Phase. The reports shall compare the actual construction dates to scheduled construction dates of each separate construction contract and to the Master Schedule for the Project. 3.5.4.2 Proiect Cost Reports The CM shall prepare and distribute monthly Project cost reports during the Construction Phase. The reports shall specify actual Project and construction costs compared to the Project and Construction Budget. Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 17 Req. 31565 9 3.5.4.3 Project and Construction Budget Revisions The CM shall make recommendations to the County concerning construction changes that may result in revisions to the Project and Construction Budget or Guaranteed Maximum Price. 3.5.4.4 Cash Flow Reports The CM shall prepare and distribute cash flow reports during the Construction Phase. The reports shall specify actual cash flow as compared to projected cash flow. 3.5.4.5 Progress Payment Reports (Each Contract) The CM shall prepare and distribute the progress payment reports. The reports shall state the total construction contract price, payment to date, current payment requested, retainage, sales tax paid, and actual amounts owed this period. A portion of this report shall be a certificate of payment that shall be signed by the CM certifying that the work complies with the contract documents and delivered to the County for use by the County in making payments to the CM. 3.5.4.6 Change Order Reports The CM shall periodically prepare and distribute change order reports during the Construction Phase. The report shall list all County- approved change orders by number, a brief description of the change order work, the cost established in the change order and percent of completion of the change order work. The report shall also include similar information for potential change orders of which the CM may be aware. The report shall also include a summary of the impact of the change orders on the project schedule and completion dates. 3.5.4.7 Contractor's Safety Program The CM shall review the safety programs of each Contractor and confirm that each Contractor has established safety programs as required by the Contract Documents. 3.6 Post Construction Phase 3.6.1 Project Management 3.6.1.1 Record Documents The CM project superintendent shall maintain a field set of drawings for the duration of the construction period. The CM project manager shall review the superintendent's field set to confirm that all addenda and bulletin drawings have been accurately incorporated. During construction the field set shall be updated to include all RFI responses, approved change orders and any minor plan clarifications made by the Designer during site visits. The CM shall provide evidence to the Designer on a monthly basis that it is maintaining an accurate and complete copy of all changes in the work in a form that will facilitate the prompt and accurate creation of record drawings. Within thirty (30) days of substantial completion, the field set (including general, plumbing, mechanical and electrical as -built drawings) shall be delivered to the architect for preparation of record drawings. Prior to delivery, the CM project manager shall thoroughly review the as -built field set for completeness Acct:36800000800700 CP729 New Hanover County Contract #19 -0116 draft and transmit said drawings to the Designer with a letter stating that the drawings are complete and accurately reflect the construction. 3.6.1.2 Organize and Index Operations and Maintenance Materials Prior to substantial completion of the Project the CM shall compile manufacturers' operations and maintenance manuals, warranties and guarantees and bind such documents in an organized manner. A minimum of three (3) copies of this information shall then be provided to the County. 3.6.1.3 Occupancy Permit The CM shall be responsible for obtaining the final occupancy permit by accompanying governmental officials during inspections of the Project, preparing and submitting documentation to governmental agencies and coordinating final testing and other activities. 3.6.1.4 Closeout Documents and Test Reports The CM shall organize and provide the County all closeout documents and test reports that the contractors are required to provide for the project. 3.6.1.5 County Traininq The CM shall coordinate or provide all training of the County's personnel required by the contract documents. 3.6.2 Time Management 3.6.2.1 Occupancy Plan The CM shall prepare an Occupancy Plan for the Project. This plan shall be provided to the County. The plan shall include early access, training on the use of equipment and systems, delivery of furniture and any other activities requested by the County. The plan shall comply with all deadlines provided by the County. 3.6.3 Cost Manaaement 3.6.3.1 Change Orders The CM shall continue to provide services related to change orders as specified in Paragraph 3.5.3.2. 3.6.4 Manaaement Information Svstem (MIS) 3.6.4.1 Closeout Reports At the conclusion of the Project, the CM shall prepare final project accounting and closeout reports. 3.6.4.2 MIS Reports for Move -in and Occupancy The CM shall prepare and distribute reports associated with the Occupancy Plan. 3.7 Additional Services 3.7.1 At the request of the County, the CM shall perform the following Additional Services and shall be compensated for same as provided in Article 7 of this Agreement. The CM shall perform Additional Services only after the County and CM have executed a written Change Order to this Agreement providing for such services. Additional Services may include: Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 18 Req. 31565 10 New Hanover County Contract #19 -0116 draft A. Services related to investigation, appraisal, 3.8 Warranty or evaluation of existing conditions, facilities, or equipment or determination of 3.8.1 The CM warrants to the County and the the accuracy of existing drawings or other Designer that all materials and equipment furnished information furnished by the County that under this Agreement will be new unless otherwise are not required to be performed by the CM specified, and that all workmanship will be in accordance in the basic services; with generally accepted industry standards, free from B. Services related to procurement, storage, faults and defects and in conformance with the contract maintenance and installation of County- documents and all other warranties and guaranties furnished equipment, materials, supplies specified therein. Where no standard is specified for and furnishings; such workmanship or materials, they shall be the best of C. Services related to determination of space their respective kinds. All work not conforming to these needs; Preparation of space programs; requirements, including substitutions not properly D. Services related to building site approved and authorized, may be considered defective. investigations and analyses that are not If required by the County or the Designer, the CM shall required to be performed by the CM in the furnish satisfactory evidence as to the kind and quality of basic services.; materials and equipment. E. Services for tenant or rental spaces; F. Preparation of a Project financial feasibility 3.8.2 The CM will be required to complete the work study; specified and to provide all items needed for construction G. Preparation of financial, accounting or MIS of the project, complete and in good order. reports not provided under Basic Services; H. Performance of technical inspection or 3.8.3 The warranties set forth in this section and testing; elsewhere in the contract documents shall survive final I. Preparation of an Operations and completion of the work. Maintenance Manual for all materials and equipment reasonably required for the 3.8.4 The CM guarantees and warrants to the County all County's use of the project.; work as follows: J. Services related to recruiting and training of maintenance personnel; A. that all materials and equipment furnished K. Performance of warranty inspections and under this Agreement will be new and the best correction of warranty items during the of its respective kind unless otherwise warranty period of the Project; specified; L. Services related to interfacing or working B. that all work will be in accordance with generally with the Designer or other consultants that accepted industry standards and free of are beyond the scope of this Agreement; omissions and faulty, poor quality, imperfect M. Consultation regarding replacement of and defective material or workmanship; work damaged by fire or other cause C. that the work shall be entirely watertight and during construction and furnishing services leak proof in accordance with all applicable in connection with the replacement of such industry customs and practices, and shall be work; free of shrinkage and settlement; N. Services made necessary by the failure to D. that the work, including but not limited to, perform by or bankruptcy of a Contractor; mechanical and electrical machines, devices O. Preparation for and serving as a witness and equipment, shall be fit and fully usable for Regarding the CM'S observations on the its intended and specified purpose and shall Project in connection with any public or operate satisfactorily with ordinary care; private hearing or arbitration mediation or E. that consistent with requirements of the legal proceeding; contract documents, the work shall be installed P. Assisting the County in public relations and oriented in such a manner as to facilitate activities and preparing information for and unrestricted access for the operation and attending public meetings; and maintenance of fixed equipment; Q. Services related to move -in including F. that the work will be free of abnormal or unusual preparing and soliciting responses to deterioration which occurs because of poor requests for proposals, preparing and quality materials, workmanship or unsuitable coordinating the execution of contracts, storage; and conducting pre- moving conferences, G. that the products or materials incorporated in administering the contract for moving the work will not contain asbestos. activities in conjunction with the move -in for the Project and providing on -site personnel to oversee the relocation of 3.8.5 All work not conforming to guarantees and furniture and equipment by the movers warranties specified in the contract documents, including while actual move -in is in progress. substitutions not properly approved and authorized, may Acct:36800000800700 CP729 Req. 31565 11 Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 19 be considered defective. If required by the Designer or County, the CM shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The CM will submit a written affidavit certifying that none of the materials incorporated in the project contain asbestos. 3.8.6 If, within one (1) year after the date of substantial completion of the work or designated portion thereof or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the contract documents, any of the work is found to be defective, not in accordance with the contract documents, or not in accordance with the guarantees and warranties specified in the contract documents, the CM shall correct it within five (5) working days or such other period as mutually agreed, after receipt of notice from the County to do so. The County shall give such notice with reasonable promptness after discovery of the condition. For items that remain incomplete or uncorrected on the date of substantial completion, the one (1) year warranty shall begin on the date of final completion of the work or upon correction of the defective work. 3.8.7 If at any time deficiencies in the work are discovered which are found to have resulted from fraud or misrepresentation, or an intent or attempt to or conspiracy to defraud the County by the CM, any contractor or supplier, the CM will be liable for replacement or correction of such work and any damages which County has incurred related thereto, regardless of the time limit of any guarantee or warranty. 3.8.8 Any materials or other portions of the work, installed, furnished or stored on site which are not of the character or quality required by the specifications, or are otherwise not acceptable to the Designer or the County, shall be immediately removed and replaced by the CM to the satisfaction of the Designer and County, when notified to do so by the Designer or County. 3.8.9 If the CM fails to correct defective or non- conforming work as required, or if the CM fails to remove defective or non - conforming work from the site, the County may elect to either correct such work or remove and store materials and equipment at the expense of the CM. If the CM does not pay the cost of such removal and storage within ten (10) days thereafter, the County may upon ten (10) additional days written notice, sell such work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the CM, including compensation for the Designer's additional services and County's reasonable attorney's fees made necessary thereby. If such proceeds of sale do not cover all costs, which the CM should have borne, the difference shall be charged to the CM and an appropriate change order shall be issued. If the payments then or thereafter due the CM are not sufficient to cover such amount, the CM shall pay the difference to the County. Acct:36800000800700 CP729 New Hanover County Contract #19 -0116 draft 3.8. 10 The CM shall bear the cost of making good all of the work of the County, separate contractors or others, destroyed or damaged by such correction or removal required under this section or elsewhere in the contract documents. ARTICLE 4 DURATION OF THE CONSTRUCTION MANAGER'S SERVICES 4.1 The duration of the CM's Basic services under this Agreement shall be from the date of this Agreement through the issuance of final payment. The CM shall provide any warranty phase services at no additional cost to the County. 4.1.1 The commencement date for the CM's Basic Services shall be the date of execution of this Agreement by the County as stated herein or the date on which the County issues to the CM a written instruction to proceed with Basic Services, whichever is earlier. 4.1.2 The CM's Basic Services shall be performed for the periods of time indicated in this Agreement. If portions of design and construction occur simultaneously, some of the phase durations may overlap. 4.1.2.1 The CM's Basic Services during the Pre - Design Phase shall be performed as required during the pre - design phase. 4.1.2.2 The CM's Basic Services during the Design Phase shall be performed as required during the design phase. 4.1.2.3 The CM's Basic Services during the Procurement Phase shall be performed as required during the procurement phase. 4.1.2.4 The CM's Basic Services during the Construction Phase shall be performed as required during the construction phase. 4.1.3 The CM's Basic Services during the Post - Construction Phase shall be performed as required during the post- construction phase. 4.1.4. The CM shall achieve substantial completion of the project on or before TBD, unless the County and CM agree to a different date in writing. The date for final completion shall be thirty (30) days after substantial completion. 4.2 Delays and Extensions of Time 4.2.1 The time during which the CM or any of the contractors is delayed in the performance of the work by the issuance of any required permits, acts of god, excessive inclement weather, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotions or freight embargoes, or other conditions beyond the CM's or the contractors' control and which the CM or the contractors could not reasonably have foreseen and Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 20 Req. 31565 12 provided against, except for delays caused solely by the County, Designer or their consultants, shall be added to the time for completion of the work stated in the Agreement. Neither the County nor the Designer shall be obligated or liable to the CM or the contractors for indirect or direct damages, costs or expenses of any nature which the CM, the contractors, or any other person may incur as a result of any of the delays, interferences, or changes in sequence in the work included in this Section against the County and the Designer on account of any indirect or direct damages, lost profits, costs or expenses of any nature which the CM, the contractors or any other person may incur as a result of any delays, interferences, changes in sequence or the like, and it is understood and agreed that the CM's sole and exclusive remedy in any such events shall be an extension of the contract time in accordance with the contract documents 4.2.2 In the event project delays arise from or out of any act or omission of the County, Designer or their consultants, the time during which the project is delayed shall be added to the Agreement and the CM may be reimbursed for its direct project damages, excluding general overhead expenses and indirect costs, if the CM strictly complies with this Section. Notwithstanding the previous sentence, if the CM, a contractor and /or subcontractor in any way shares in responsibility for the delay, neither the County nor the Designer shall be obligated or liable to the CM or the contractors for indirect or direct damages, costs or expenses of any nature which the CM, the contractors, or any other person may incur as a result of any of the delays, interferences, changes in sequence of the work, and the CM's sole remedy, if any, shall be an extension of the contract time. 4.2.3 In the event project delays arise solely from or out of any act or omission of the CM, contractors, subcontractors or their agents, the CM shall not be entitled to extension of the contract time and shall be subject to the payment of liquidated damages as provided in this Agreement. 4.2.4 The contract time shall be adjusted only for changes authorized pursuant to this Agreement, suspension or the work by the County, and excusable delays pursuant to this Section In the event the CM requests an extension of the contract time or files a claim related to any form of delay, it shall furnish such justification and supporting evidence as the County may deem necessary for a determination of whether or not the CM is entitled to an extension of time under the provisions of the contract, and shall further outline the alleged impact on the schedule's critical path. The burden of proof to substantiate a claim shall rest with the CM, including evidence that the cause was beyond its control. The County shall base its findings of fact and decision on such justification and supporting evidence, including a finding that the alleged delay impacted the project's critical path, and shall advise the CM in writing thereof. If the County finds that the CM is entitled to any extension of the contract time, the County's determination of the total number of days extension shall Acct:36800000800700 CP729 New Hanover County Contract #19 -0116 draft be based upon the currently approved progress schedule and on all data relevant to the extension. Such data will be incorporated into the schedule in the form of a revision thereto, accomplished in a timely manner. The CM acknowledges and agrees that actual delays (due to said changes, suspension of work or excusable delays) in activities which, according to the schedule, do not affect the contract time, do not have any effect upon the contract time and therefore will not be the basis for a change therein. The CM acknowledges and agrees that time extensions will be granted only to the extent that excusable delays exceed the available float in the critical path activities in the currently approved schedule. 4.2.4.1 Extensions in the contract time by change orders are subject to extension -in -time audit by the County as follows: 4.2.4.1.1 The CM agrees that, even though the County, CM and Designer have previously signed a change order containing an extension -in -time resulting from a change in or addition to the work that said extension in the contract time may be adjusted by an audit after the fact by the County. If such an audit is to be made, the County must undertake the audit and make a ruling within thirty (30) days after the completion of the work under the change order. 4.2.4.1.2 The CM agrees that any extension of the contract time to which it is entitled arising out of a change order undertaken on a force accounting (labor and materials) basis, shall be determined by an extension -in- time audit by the County after the work of the change order is completed. Such rulings shall be made by the County within thirty (30) days after a request for same is made by the CM or Designer, except said thirty (30) days will not start until the work under the change order is completed. 4.2.4.1.3 Should a time extension be granted for substantial completion the date for final completion shall be appropriately adjusted unless specifically stated otherwise. 4.2.4.2 Subject to other provisions of the contract, the CM may be entitled to an extension of the contract time (but no increase in the GMP) for delays arising from unforeseeable causes beyond the control and without the fault or negligence of the CM, the contractors or suppliers as follows: A. Labor disputes and strikes (including strikes affecting transportation), that do, in fact, directly delay the progress of the work on the critical path; however, an extension of contract time on account of an individual labor strike shall not exceed the number of days of said strike; B. Acts of god: tornado, fire, hurricane, blizzard, earthquake, or flood that damage completed work or stored materials and affecting the critical path; or C. Excessive inclement weather; however, the contract time will not be extended due to Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 21 Req. 31565 13 reasonably anticipated inclement weather or for delays in the aftermath of inclement weather, reasonably anticipated or excessive. The time for performance of this contract, as stated in this Agreement, includes an allowance for calendar days which may not be available for construction out -of- doors; for the purposes of this contract, the CM agrees that the number of calendar days per month stated below are to be considered reasonably anticipated inclement weather and planned for in the construction schedule. Unless the CM can substantiate to the satisfaction of the County that there was greater than the reasonably anticipated inclement weather considering the time from the notice -to- proceed until the building is enclosed using data from the national weather service station or a weather station acceptable to the County and that such alleged greater than reasonably anticipated inclement weather actually delayed the work or portions thereof which had an effect upon the contract time, the CM shall not be entitled to an extension of time. For the purpose of this contract, the CM agrees to anticipate and plan for inclement weather for the number of calendar days in accordance with the following table: Planned days /month Jan 8 Feb 8 Mar 8 Apr 7 May 8 Jun 8 Jul 10 Aug 9 Sep 8 Oct 6 Nov 7 Dec 8 Also the CM agrees that the calculation of the number of excessive inclement weather days shall be the number of days in excess of those shown for each month in the table above, in which precipitation exceeded .10 inch, or in which the highest temperature was 32 degrees f. Or less as recorded at the approved weather station. Rain days from hurricanes not causing damage in New Hanover County shall be deemed inclement weather days. New Hanover County Contract #19 -0116 draft time will be made for days due to excessive inclement weather occurring after the building is enclosed. For the purpose of this contract, the term "enclosed" is defined to mean when the building is sufficiently roofed and sealed, either temporarily or permanently, to permit the structure to be heated and the plastering and dry-wall trades to work. The Designer shall determine when the structure is "enclosed ". Upon the request of either party, the Designer shall issue a letter certifying to the County, with a copy to the CM, stating the date the building became enclosed. No change in GMP will be authorized because of adjustment of contract time due to excessive inclement weather; and 4.2.4.3 Delays in the issuance of a required permit, acts of the public enemy, acts of the state, federal or local government in its sovereign capacity, and acts of another contractor in the performance of a contract with the County relating to the project. 4.2.5 If the CM shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the County, then the CM does hereby agree, as a part consideration for the awarding of this contract, to pay the County the amount specified in the contract, not as a penalty but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the CM shall be in default after the time stipulated in the contract for completing the work. The said amount is fixed and agreed upon by and between the CM and the County because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the County would in such event sustain, and said amount is agreed to be the amount of damages which the County would sustain and said amount shall be retained from time to time by the County from current periodical estimates. 4.2.6 The CM and the contractors shall not be entitled to and hereby expressly waive any extension of time resulting from any condition or cause unless said claim for extensions of time is made in writing to the County within ten (10) days of the first instance of delay for all delays, except excessive inclement weather which shall be made in writing to the County within forty -five (45) days after the date the structure is enclosed. Circumstances and activities leading to such claim shall be indicated or referenced in a daily field inspection report for the day(s) affected. In every such written claim, the CM shall provide the following information: If the total accumulated number of calendar A. nature of the delay; days lost to excessive inclement weather, from B. date (or anticipated date) of commencement of the notice -to- proceed until the building is delay; enclosed, exceeds the total accumulated C. activities on the progress schedule affected by number to be reasonably anticipated for the the delay, and /or new activities created by the same period from the table above, time for delay and their relationship with existing completion will be extended by the number of activities; calendar days needed to include the excess D. identification of person(s) or organization(s) or number of calendar days lost. No extension of event(s) responsible for the delay; Acct:36800000800700 CP729 Req. 31565 14 Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 22 E. anticipated extent of the delay; and F. recommended action to avoid or minimize the delay. 4.2.7 If no schedule or Agreement is made stating the dates upon which written interpretations shall be furnished, then no claim for delay shall be allowed on account of failure to furnish such interpretations until twenty (20) days after request is made for them, and not then unless such claim is reasonable. 4.2.8 No claim by the CM for an extension of time for delays will be considered unless made in strict compliance with the requirements of this article. All claims not filed in accordance with this Paragraph shall be waived by the CM. ARTICLE 5 CHANGES IN THE CONSTRUCTION MANAGER'S BASIC SERVICES AND ADDITIONAL COMPENSATION 5.1 Changes - Preconstruction Basic Services 5.1.1 The County, without invalidating this Agreement, may make changes in the CM's Basic Services specified in this Agreement. The CM shall promptly notify the County of changes which increase or decrease the CM's compensation, the duration of the CM's Basic Services, or both. 5.1.2 Additional Compensation and Extended Duration The CM shall be entitled to receive additional compensation and additional time when the scope of this Agreement is increased or extended through no fault of the CM. If the scope of these Basic Services is increased or the duration of these Basic Services is extended or the duration of the Basic Services to be performed within a phase duration specified in Article 4 is extended, the CM shall be entitled to receive additional compensation, and the duration of the Agreement shall be extended. A written request for additional compensation shall be given by the CM to the County within ten (10) days of the occurrence of the event giving rise to such request. The amount of additional compensation to be paid and the amount of extension of the duration of this Agreement shall be determined on the basis of the CM's cost, a customary and reasonable adjustment in the CM's fixed or lump sum fee consistent with the provisions of this Agreement, and a determination of the length of the extensions of the duration of this Agreement. 5.1.3 Changes in the CM's Basic Services Changes in the CM's Basic Services and entitlement to additional compensation shall be made by a written Change Order to this Agreement executed by the County and the CM. A Change Order shall be executed by the County and CM prior to the CM performing the services required by the Change Order. The CM shall proceed to perform the services required by the Change Order only after receiving notice directing the CM to proceed. The Acct:36800000800700 CP729 New Hanover County Contract #19 -0116 draft CM shall not be entitled to compensation for work performed without a written change order. 5.1.4 Payment of Additional Compensation The CM shall submit invoices for additional compensation with its invoice for Basic Services and payment shall be made pursuant to the provisions of Article 7 of this Agreement. 5.2 Changes to The Work or Construction Phase Basic Services The County may, at any time, by written order designated or indicated to be a change order, make any change or modification in the work or add to the work within the general scope of the contract, including, but not limited to changes: (1) in the specifications or drawings; (2) in the sequence, method or manner of performance of the work; (3) in the County- furnished facilities, equipment, materials, services or site; or (4) directing acceleration in the performance of the work. The CM's fee on any additional work and the fee reduction for any work or allowances removed from the scope of work shall be based on the same percentage fee specified in Paragraph 7.4.1, unless the CM performs the work with its own forces as allowed in this Agreement. The parties agree that Paragraphs 5.2.1.1 through 5.2.1.3 are intended to govern payment to the contractors and their subcontractors for performing work associated with a change, unless the CM performs the work with its own forces as allowed in this Agreement. If the CM performs the work with its own forces, the CM shall also be referred to by the term "contractor" in Paragraphs 5.2.1.1 through 5.2.1.3. The parties specifically agree that any adjustment to the amount that could be reimbursed for general conditions, if any, shall be negotiated in good faith between the parties based upon the additional work actually required to be performed by the CM as a result of the change. 5.2.1 County directed changes to the work requiring an increase in GMP If the change in or addition to the work will result in an increase in the guaranteed maximum price, the County shall have the right to require the performance thereof on a lump sum basis, a unit price basis or a time and material basis, all as hereinafter more particularly described (the right of the County as aforesaid shall apply with respect to each such change in the work). 5.2.1.1 If the County elects to have the change in the work performed on a lump sum basis, its election shall be based on a lump sum proposal which shall be submitted by the CM to the County within ten (10) days of the CM's receipt of a request therefor (but the County's request for a lump sum proposal shall not be deemed an election by the County to have the change in the work performed on a lump sum basis). The CM's proposal shall be itemized and segregated by labor and materials for the various components of the change in or addition to the work (no aggregate labor total will be acceptable) and shall be accompanied by signed proposals of any contractors who will perform any portion of the change Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 23 Req. 31565 15 in, or addition to, the work and of any persons who will furnish materials or equipment for incorporation therein. The proposal shall also include the CM's estimate of the time required to perform said changes or additional work. 5.2.1.1.1 The portion of the proposal relating to labor, by the forces of any of the contractors, may include: reasonably anticipated gross wages of job site labor, including foremen, who will be directly involved in the change in the work (for such time as they will be so involved), plus premium costs of overtime time, if overtime is anticipated; a maximum labor burden of thirty nine percent (39 %) of the actual cost of labor by any such contractor in connection with such labor; and up to fifteen percent (15 %) of such anticipated gross wages, as overhead and profit for any such contractor, as applicable (said overhead and profit to include all extended general conditions and supervision, but it shall not include the labor burden). 5.2.1.1.2 The portion of the proposal relating to materials may include the reasonably anticipated direct costs to the contractor or to any of its subcontractors of materials to be purchased for incorporation in the change in the work, plus transportation and applicable sales and use taxes and up to fifteen percent (15 %) of said direct material costs as overhead and profit for the contractor or any of its subcontractors (said overhead and profit to include all small tools), and may further include the contractor's and any of its subcontractor's reasonably anticipated rental costs in connection with the change in the work (either actual or discounted local published rates), plus up to eight percent (8 %) thereof as overhead and profit for any of the contractors, as applicable (said overhead and profit to include all extended general conditions and supervision, except it shall not be applied to any sales tax paid for any purpose or shipping costs incurred by the contractor or any subcontractor). If any of the items included in the lump sum proposal are covered by unit prices contained in the contract documents, the County may, if it requires the change in the work to be performed on a lump sum basis, elect to use these unit prices in lieu of the similar items included in the lump sum proposal, in which event an appropriate deduction will be made in the lump sum amount prior to the application of any allowed overhead and profit percentages. No overhead and profit shall be applied to any unit prices. 5.2.1.1.3 The CM shall provide any documentation that may be requested by the County to support the change proposal including payroll records, insurance rates, material quotes or rental quotes. The CM shall also provide an itemized breakdown of all transportation and shipping costs, including receipts documenting the expenses. 5.2.1.1.4 The lump sum proposal may include up to eight percent (8 %) of the amount which the contractor will pay to any of its subcontractors for the change in the work as a commission to the contractor. The change proposal form attached to this Agreement as appendix b -2 shall be used to submit the change proposal to the County. Acct:36800000800700 CP729 New Hanover County Contract #19 -0116 draft 5.2.1.1.5 In the event that the CM fails to submit his proposal within the designated period, the County may order the CM to proceed with the change or addition to the work and the CM shall so proceed. The County shall unilaterally determine the reasonable cost and time to perform the work in question, which determination shall be final and binding upon the CM. 5.2.1.1.6 In the event that the parties are unable to agree as to the reasonable cost and time to perform the change in or addition to the work based upon the CM's proposal and the County does not elect to have the change in the work performed on a time and material basis, the County may choose to make a determination of the reasonable cost and time to perform the change in the work, based upon their own estimates, the CM's submission or a combination thereof, except for a change order initially establishing the GMP for the project or initially establishing a partial GMP for a portion of the work included in the original project scope. A change order shall be issued in this case for the amounts of cost and time determined by the County and shall become binding upon the CM unless the CM submits its protest in writing to the County within thirty (30) days of the issuance of the change order. County has the right to direct in writing the CM to perform the change in the work, which is the subject of such change order. Failure of the parties to reach Agreement regarding the cost and time of the performing the change in the work and /or any pending protest, shall not relieve the CM from performing the change in the work promptly and expeditiously. 5.2.1.1.7 The County reserves the right to reject the CM's proposal for a change in the work and to elect to perform said work using a separate contractor. Under such circumstances, the CM shall coordinate the performance of the work. 5.2.1.2 if the County elects to have the change in the work performed on a time and material basis, the same shall be performed, by the forces of any of the contractors, at actual cost to the entity performing the change in the work. The CM shall maintain records to submit to the County such as daily time and material tickets, to include the identification number assigned to the change in the work, the location and description of the change in the work, the classification of labor employed (and names and employee numbers), the materials used, the equipment rented (not tools) and such other evidence of cost as the County may require. The County may require authentication of all time and material tickets and invoices by persons designated by the County for such purpose. The failure of the CM to secure any required authentication shall, if the County elects to treat it as such, constitute a waiver by the CM of any claim for the cost of that portion of the change in the work covered by a non - authenticated ticket or invoice; provided, however, that the authentication of any such ticket or invoice by the County shall not constitute an acknowledgment by the County that the items thereon were reasonably required for the change in the work. Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 24 Req. 31565 16 5.2.1.3 Changes in the work to be completed on a unit price basis shall be quantified by the Designer or an independent third party and shall be completed at an all - inclusive rate established in the bid proposal, unless a mutually agreed upon price is established by the County and CM. The unit prices include the cost of all materials, taxes, shipping and delivery charges, labor and labor burden, insurance, supervision, overhead and profit. Time to complete any work done on a unit price basis for quantities within the base bid allowance amount is included in the base bid. The unit price does not include bonds. Procedures for quantifying units of measure shall be proposed by the Designer and agreed to by the CM and County prior to the commencement of the work to be completed on a unit base price. Work performed without such Agreement in place shall be deemed to have been done at the sole risk and expense of the CM. Time for quantities exceeding the base bid allowance will be evaluated based on the effect of the change in the work on the critical path of the project. 5.2.1.3.1 No overhead and profit will be paid by the County on account of a change in the work except as specifically provided in this section. Overhead and profit, as allowed in this section, shall be deemed to include all costs and expenses which the CM or any of the contractors may incur in the performance of a change in the work and which are not otherwise specifically recoverable by them pursuant to this section. 5.2.1.4 The County may direct in writing the CM to begin changes in the work prior to the issuance of a formal change order. The CM shall promptly perform the changes in the work directed by the County in a manner that shall result in minimum impact on the critical path. 5.2.2 CM Notice of Change If the CM or any of the contractors asserts that any event or occurrence has caused a change in or addition to the work which change causes an increase or decrease in the GMP or the time required for the performance of any part of the work under the contract, including work not affected directly by the change, the CM shall, within ten (10) days of such event unless such event was not discovered in the exercise of reasonable diligence, in which event the ten (10) day notice period shall commence upon discovery or when the CM should have discovered such event, give the County written notice as herein required. Said notice shall include the instructions or circumstances that are the basis of the claim and the CM's best estimate of the cost and time involved. If the CM intends to assert a claim under this Section, he must, within ten (10) days after the furnishing of a written notice as outlined above, submit to the County a written statement setting forth the specific nature and anticipated cost of such claim, unless this period is extended by the County. The statement of claim hereunder may be included in the notice required above. The statement of claim shall include all direct, indirect and impact costs associated with the change, as well as the CM's estimate of the schedule impact of the change, if any. The CM and the contractors shall not be entitled Acct:36800000800700 CP729 New Hanover County Contract #19 -0116 draft to reimbursement or an increase in the GMP for any claims that are not filed in strict conformance with this section. The CM shall indemnify and hold the County harmless against any claims by the contractors that are waived because they are not filed in strict conformance with this section. If the parties are unable to agree to the reasonable cost and time to perform the change, or are unable to agree as to whether a change occurred, the County shall make a unilateral determination as described in this section. The CM shall proceed with the work pursuant to the provisions of this section. 5.2.3 General Provisions Related to Changes The CM shall not be entitled to any amount for indirect costs, damages or expenses of any nature, including, but not limited to, so- called "impact" costs, labor inefficiency, wage, material or other escalations beyond the prices upon which the proposal is based and to which the parties have agreed pursuant to the provisions of this section, and which the CM, the contractors or any other person may incur as a result of delays, interferences, suspensions, changes in sequence or the like, for whatever cause, whether reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable, arising from the performance of any and all changes in the work performed pursuant to this section, unless the delay is caused solely by the County or Designer. It is understood and agreed that the CM's and the contractors' sole and exclusive remedy in such event shall be recovery of direct costs as compensable hereunder and an extension of the contract time, but only in accordance with the provisions of the contract documents. No claim by the CM hereunder shall be allowed if asserted after final payment for the construction or the project under this Agreement. No claim relating to or flowing from a particular change shall be allowed after execution of the change order relating to that change or commencement of the change by the CM, except as specifically provided in this section. If any dispute should arise between the parties with respect to an increase or decrease in the GMP or an expansion or contraction in the contract time as a result of a change in the work, the CM shall not suspend performance of a change in the work or the work itself unless otherwise so ordered by the County in writing. The County shall, however, pay to the CM up to the County's reasonable estimated value of the change in the work, regardless of the dispute, if said change in the work results in an increase in the contract sum; and the County shall have the right to decrease the contract sum up to the County's reasonable estimated value of the change in the work, regardless of the dispute, if said change in the work results in a decrease in the contract sum. The CM's acceptance of payment following a unilateral decision by the County shall not constitute a waiver of any claim the CM may have for additional compensation or time. However, any claim the CM may have shall be filed in strict conformance with the contract documents. Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 25 Req. 31565 17 5.2.4.1 If the change in the work will result in a decrease in the contract sum, the CM shall provide a quotation detailing the proposed amount of such decrease. The portion of the proposal relating to labor, whether by the CM's forces or the forces of any of the contractors, shall include reasonably anticipated gross wages of job site labor, including foremen, who would have been directly involved in the work that has been deleted from the contract (for such time as they would have been so involved), plus payroll costs (including premium costs of overtime time, if overtime was anticipated, social security, federal or state unemployment insurance taxes and fringe benefits required by collective bargaining Agreements entered into by the contractor or any subcontractor in connection with such labor) and seven percent (7 %) of such anticipated gross wages, but not payroll costs, as overhead and profit not incurred or earned by the contractor or any subcontractor, as applicable (said overhead and profit to include all supervision except foremen). If applicable, the fee percentage to be applied to the CM's forces shall be the percentage stated in Paragraph 7.4.1. 5.2.4.2 The portion of the proposal relating to materials shall include the reasonably anticipated direct costs which would have been incurred by the contractor or to any subcontractors for materials which would have been purchased or incorporation in the work but which has been deleted from the contract, plus transportation and applicable sales and use taxes which will be avoided, and seven percent (7 %) of said direct material costs incurred by the contractor or subcontractor (excluding transportation and sales and use taxes) as overhead and profit not incurred or earned by the contractor or any subcontractor (said overhead and profit to include all small tools), and shall further include the contractor's and subcontractor's reasonably anticipated rental costs which will be avoided (either actual or discounted local published rates), plus five percent (5 %) thereof as overhead and profit not incurred or earned by the contractor or subcontractor, as applicable. If any of the items included in the lump sum proposal are covered by unit prices contained in the contract documents, the County may elect to use these unit prices in determining the amount of reduction to the GMP as a result of a deletion of work from the contract. No overhead and profit shall be applied to any unit prices for purposes of calculation such reduction in the contract sum. The lump sum proposal for work which would have been performed by any subcontractors shall include four percent (4 %) of that amount as an estimate of the contractor's overhead and profit that will not be earned by contractor due to the decrease in the contract sum. In the event the construction work would have been performed by the CM in the limited circumstances allowed in this contract, the fee percentages stated in this section shall apply to the work that would have been performed by the CM as the contractor and its subcontractors. 5.2.4.3 The CM's quotation shall be forwarded to the County within ten (10) days of the County's request and, if acceptable to the County, shall be incorporated in a change order. If not acceptable, the parties shall make Acct:36800000800700 CP729 New Hanover County Contract #19 -0116 draft every reasonable effort to agree as to the amount of such decrease, which may be based on a lump sum properly itemized, on unit prices stated in the contract documents and /or on such other basis as the parties may mutually determine. If the parties are unable to so agree, the amount of such decrease shall be the total of the estimated reduction in actual cost of the work, as determined by the County in its reasonable judgment, plus overhead and profit as stated above. The CM's acceptance of payment following a unilateral decision by the County shall not constitute a waiver of any claim the CM may have for additional compensation. However, any claim the CM may have shall be filed in strict conformance with the contract documents. 5.2.5. Minor Changes in The Work The County shall have authority to order minor changes in the work not involving an adjustment in the contract sum or an extension of the contract time and not inconsistent with the intent of the contract documents. Such changes shall be effected by written order, and shall be binding on the County and the CM. The CM shall carry out such written orders promptly. The CM shall not perform any changes in the work unless authorized in writing by the Designer or County. The CM's performance of minor changes pursuant to this section shall not constitute a waiver of any claim the CM may have for additional compensation or time. However, any claim the CM may have shall be filed in strict conformance with the contract documents. 5.2.6 Differing Site Conditions Should the CM encounter subsurface and /or latent conditions at the site materially differing from those shown on the drawings or indicated in the specifications or differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this contract, he shall immediately give notice to the County of such conditions before they are disturbed. The County and the Designer shall thereupon promptly investigate the conditions and if they find that they materially differ from those shown on the drawings or indicated in the specifications, they shall at once make such changes in the drawings and /or specifications as they may find necessary. Any increase or decrease of cost resulting from such changes shall be adjusted in the manner provided herein for adjustments as to extra and /or additional work and changes. However, neither the County nor the Designer shall be liable or responsible for additional work, costs or changes to the work that could have been reasonably determined from any geotechnical, soils and other reports, surveys and analyses made available for the CM's review or that could of been discovered by the CM through the performance of its obligations pursuant to this Agreement. 5.3 General Provisions Regarding Changes in Contractor Work. In the event the work included in the original contract issued to a contractor is changed, or new contracts are issued, the CM shall notify the County of the change or Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 26 Req. 31565 18 the new contract, including the nature and reason for the change or new contract and the associated cost. Regardless of whether the change or new contract is believed to result in an increase or decrease in the GMP. The County and CM shall review all changes or new contracts that were not incorporated into a change order between the County and CM or resulted in the use of either of the CM's contingencies at the conclusion of the project in order to determine whether the County is entitled to a reduction in the cost of work portion of the GMP as it is defined in Paragraph 7.4.1. ARTICLE 6 COUNTY'S RESPONSIBILITIES 6.1 The County shall provide to the CM complete information regarding the County's requirements for the Project. 6.2 The County shall examine information submitted by the CM and shall render decisions thereto. 6.3 The County shall contract with a Designer to furnish design counseling services as may be necessary for the Project. 6.4 The County shall furnish insurance for the Project only as specified in Article 8. 6.5 If the County observes or otherwise becomes aware of any fault or defect in the Project or nonconformity with the Contract Documents, the County shall give written notice thereof to the CM. 6.6 The County shall furnish required information and approvals and perform its responsibilities and activities in a timely manner to facilitate orderly progress of the Work in cooperation with the CM, consistent with this Agreement, and in accordance with the planning and scheduling requirements and budgetary restraints of the Project as determined by the CM. 6.7 The County shall retain a Designer whose services, duties and responsibilities shall be described in a written Agreement between the County and Designer. The County shall require that the Designer perform its services in cooperation with the CM, consistent with this Agreement and in accordance with the planning, scheduling and budgetary requirements of the Project as determined by the County and documented by the CM. 6.8 The County shall approve the Project and Construction Budget and any subsequent revisions as provided in this Agreement. 6.9 If the County contracts separately with any other parties, the County shall cause all such Agreements to be compatible and consistent with this Agreement. 6.10 At the request of the CM, sufficient copies of interim and bidding drawings, specifications and Contract Documents shall be furnished to or printed by the CM at Acct:36800000800700 CP729 New Hanover County Contract #19 -0116 draft the County's expense. The CM shall be solely responsible for the cost of any drawings, specifications and contract documents required after bidding the project. 6.11 The County or Designer shall secure, submit and pay for necessary approvals, easements, assessments, permits and charges required for the construction, use or occupancy of permanent structures, or for permanent changes in existing facilities. 6.12 The County may authorize the CM to proceed with the work on the project in discreet phases if all of the funds required for the entire project are not identified at the time this Agreement is executed by the parties. 6.13 The County, its representatives and consultants, including Designers, shall endeavor to ordinarily communicate with the Contractors through the CM. 6.14 The County shall send to the CM and shall require the Designer to send the CM copies of all notices and communications sent to or received by the County or Designer relating to the Project. 6.15 The County shall designate, in writing, an officer, employee or other authorized representatives to act in the County's behalf with respect to the Project. This representative shall be available during working hours and may be required to render decisions and furnish information so as not to delay the project. The CM acknowledges that some changes in the scope of the project may require approval by the Board of County Commissioners. The CM shall notify the County in writing of any deadlines for responses and how the County's failure to respond by the stated deadline will impact the project schedule. 6.16 The County shall make approved payments to the CM on the basis of the Contractors' payment applications that are certified by the CM and on the basis of the CM's invoices for its services performed. Prior to payment by the County, the Designer shall review and approve the contractors' pay applications in accordance with this Agreement. ARTICLE 7 COMPENSATION FOR CM SERVICES AND PAYMENT 7.1 Guaranteed Maximum Price 7.1. The County and CM agree that the guaranteed maximum price shall be Thirteen million eight hundred sixty four thousand seven hundred eighty five dollars ($ 13,864,785 ) for this project. The parties further agree that in the event the bids received by the CM for the work, including all of the alternates accepted by the County, pursuant to this Agreement exceed the line item in the GMP for the cost of the work, the CM shall be solely responsible for the additional cost of the work, unless this Agreement is terminated by the CM pursuant to Paragraph 7.1.1.1. In the event that the bids received Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 27 Req. 31565 19 by the CM for the work, including all alternatives accepted by the County, are less than the line item in the GMP for the cost of the work, the remaining funds shall be added to the County's allowance. The scope of work included in the bid documents, including any alternates accepted by the County, shall form the basis of the work to be performed by the CM. The CM and County agree that the line items in the GMP shall consist of the cost of the work, CM's contingency, and general conditions, CM's fee. The CM and County further agree that the dollar values for the line items in the GMP stated above consist of the cost of the work ($13,864,785, CM construction contingency ($ 277,296 ), general conditions ($ 988,650 ), and CM's fee ($100,000 for preconstruction services and $ 536,476 for construction and post- construction services). 7.1.1.1 The parties agree that in the event the bids received by the CM for the work, including all of the alternates accepted by the County, pursuant to article 3.4 of this Agreement exceed the line item in the GMP for the cost of the work, then the CM shall have the right to terminate this Agreement. The CM shall provide the County with notice of intent to terminate pursuant to this provision within fifteen (15) days of the CM's receipt of bids for the project. Prior to a termination pursuant to this provision becoming effective, the County and CM will review the list of alternates, other modifications or value engineering requests in order to determine whether an Agreement can be reached between the County and CM regarding a modified scope of work or an adjustment to the GMP. In the event an Agreement regarding the modified scope of the work and /or a revision to the GMP cannot be reached within fifteen (15) days of the County's receipt of notice of intent to terminate pursuant to this section, then the termination shall become immediately effective. 7.1.1.2 the parties specifically agree that none of the provisions in Article 10 shall apply to any termination of this Agreement pursuant to section 7.1.1.1, but the CM shall be entitled to payment for work actually performed through the procurement phase (section 3.4) pursuant to the compensation set forth in Paragraph 7.4.1; however, CM shall not be compensated for any services provided after the date of termination. In the event a modified scope of work and /or a revision to the GMP is agreed upon by the parties, the modified scope shall form the basis of the work to be performed by the CM for the established GMP. The CM construction contingency, general conditions, and /or CM's fee for construction may be reduced by mutual consent of both parties in order to provide funding for the project. The CM and County shall document any changes to the GMP, scope of work, cost of the work, general conditions, CM fee, or CM contingency prior to the County issuing notice to proceed with the work. Any reduction in the cost of the work as a result of a modification of the project scope shall be added to the County's allowance. 7.1.1.3 In the event the County does not request the CM to establish a Guaranteed Maximum Price or does not accept the CM's Guaranteed Maximum Price, but Acct:36800000800700 CP729 New Hanover County Contract #19 -0116 draft chooses to proceed with the Project, then all provisions of this Agreement regarding the Guaranteed Maximum Price and adjustments thereto shall become null and void. In the event this Agreement is terminated pursuant to this provision, the CM shall only be entitled to receive compensation for services as outlined in Article 10. All other provisions of this Agreement shall remain in full force and effect, with all Project costs being reimbursed to the CM by the County in accordance with this Agreement without the limitations imposed by Paragraph 12.1.5 thereof. 7.1.1.4 In the event that the guaranteed maximum price is accepted by the County, a change order shall be completed and executed by both parties to this Agreement and the CM shall become responsible for the means, methods, sequences, and procedures used in the construction of the project and shall proceed with the CM's basic services. 7.1.1.5 Construction contracts for the Work required for the Project shall be between the CM and Contractors. The CM shall request and receive bids for each contract and shall solicit and award the contracts in accordance with N. C. Gen. Stat. § 143 -128 to -132. The contractor and CM shall comply in all respects with the County's MBE policies, rules and regulations. The CM shall enter into contracts with the lowest responsible and responsive bidders within sixty (60) days after notice of approval of the GMP by the County; however, the CM shall not be entitled to additional time to complete the project due to any delay in entering into contracts with a bidder unless the delay is due solely to the actions or inactions of the County. 7.1.1.6 The CM may perform a portion of the work only if (1) bidding produces no responsible, responsive bidder for that portion of the work, the lowest, responsive, responsible bidder will not execute a contract for the bid portion of the work, or a contractor defaults and a pre - qualified replacement cannot be obtained in a timely manner, and (2) the County approves of the CM's self - performing of the work. In the event the CM self - performs a portion of the work pursuant to either method noted above, it shall be paid for the direct cost of the work with no reimbursement for office overhead or for any other work otherwise included in the general conditions. The fee for the work will be at the same CM fee percentage stated in 7.4.1. This Paragraph shall not govern compensation for work self - performed by the CM. 7.1.1.7 The Guaranteed Maximum Price is the total cost of the Project, as defined herein. The Guaranteed Maximum Price includes the cost of labor, equipment, supplies, materials, services and allowances to complete the project. The cost data shall be directly correlated to the specific design drawings and specifications in existence at the time the Guaranteed Maximum Price is prepared. The assumptions used in the preparation of the Guaranteed Maximum Price shall be identified by the CM as part of the Guaranteed Maximum Price documentation and incorporated into the change order establishing the GMP. Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 28 Req. 31565 20 The GMP shall include the cost of the work, CM's general conditions, bonds /insurance, the CM's fee for construction and post- construction phase basic services, and the County's allowance. The GMP shall also include a CM construction contingency fund. The CM's construction contingency fund and the County's allowance shall only be utilized as outlined in Paragraphs 7.1.1.7.1, and 7.1.1.7.2. The CM's fee shall be paid pursuant to section 7.4. The general conditions shall be reimbursed as described in 7.1.1.7.3. 7.1.1.7.1 Unless otherwise agreed in writing, the CM's construction contingency may be used by the CM to expedite the work, address scheduling and coordination problems, respond to a default by a non- bonded contractor, and repair damaged work in place where the responsible contractor cannot be identified by the CM after reasonable efforts to identify the responsible party. The CM's construction contingency may also be used by the CM to correct design issues that reasonably should have been discovered by the CM during the performance of its obligations pursuant to Paragraphs 3.3.1.5 and 3.3.1.6, correct scope gaps in the bidding of the project, correct code, regulatory and other items identified by the County in writing prior to bidding the project, correct items identified in change orders or request for information arising on previous uses of the same prototype design, and any issues that are the fault of the CM. The CM's use of the CM's construction contingency fund shall be documented in writing by the CM and approved by the County in writing prior to the CM billing for the work. The CM shall not be entitled to receive any fee for the use of the CM's contingency. In the event of a default by a contractor, the CM shall not use the CM's contingency to cover any costs covered by a performance or payment bond provided by the contractor or covered by a program paid for by the CM to insure the performance of the contractors. The CM shall vigorously pursue reimbursement of all expenses from the contractor's surety or through the program provided by the CM. 7.1.1.7.2 Unless otherwise agreed in writing, the County's allowance shall be used to correct any design issues that could not reasonably have been discovered by the CM during the performance of its obligations during the design and bidding phases, and any changes requested by the County. The use of the County's allowance shall be documented in writing by the CM and approved by the County in writing prior to the CM billing for the work. 7.1.1.7.3 the general conditions shall be paid as a reimbursable expense in an amount that shall not exceed the amount included in the GMP. The County and CM agree that the items to be reimbursed as general conditions are indicated in appendix c. The County reserves the right to take ownership and possession of any equipment or other item purchased by the CM as part of general conditions at the conclusion of the project. The CM shall be notified of the County's intent to take possession of any such items prior to final payment. Acct:36800000800700 CP729 New Hanover County Contract #19 -0116 draft 7.1.1.8 The Guaranteed Maximum Price shall include those taxes applicable to the Project. Any sales tax refunds paid to the County shall be exclusively for the County's use and shall not in any way reduce the cost of the project or impact the guaranteed maximum price. 7.1.1.9 The County may change the scope of the Project or a part thereof and the Guaranteed Maximum Price shall then be adjusted as provided in Paragraph 7.1.3. 7.1.1.10 In the event that the cost of the project exceeds the guaranteed maximum price and any adjustments therein (such as allowances, architectural errors, or County requested changes) as may be due pursuant to the terms hereof, the CM shall continue to perform at no additional cost to the County until the project, defined by this Agreement and attachments hereto, is complete and achieves final completion. The CM shall be responsible for paying all costs and expenses, in accordance with the terms of this Agreement, that may be necessary to complete the project, even if such amounts are in excess of the guaranteed maximum price. 7.1.2 Cost of the Project The term "cost of the Project" shall include all amounts paid by the County to the CM for construction and post - construction phase basic services provided by the CM in Paragraphs 3.5 and 3.6 and payment to all separate Contractors, suppliers and equipment lessors for all work, material, and equipment supplied to the Project including general conditions items. 7.1.2.1 The cost of the Project shall not include the following: A. The CM's fee for Basic Services; B. All professional fees paid by the County to the Designer or other consultants retained directly by the County; C. All costs paid directly by the County to contractors or suppliers retained directly by the County and outside the scope of the Guaranteed Maximum Price; D. All Additional Services costs as defined herein; or E. All other costs identified as being not within the Guaranteed Maximum Price. 7.1.2.2 The cost of the Project may be further defined in the order identifying the scope of the work and the final guaranteed maximum price. If the requirements of this Agreement and the documentation required by the change order establishing the guaranteed maximum price differ, then the CM shall identify and explain the difference, but the documentation provided in accordance with change order establishing the final guaranteed maximum price shall be the basis for determining the scope of the Guaranteed Maximum Price. 7.1.3 Adjustments to the Guaranteed Maximum Price Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 29 Req. 31565 21 The CM understands, confirms and agrees that its responsibility hereunder is to construct the Project in accordance with the drawings and specifications. It is recognized that the Guaranteed Maximum Price may be determined based upon incomplete design documents and in those instances in which the drawings and specifications are not complete at the time the Guaranteed Maximum Price is established, the CM shall exercise reasonable care and judgment to determine the intent of the design and shall calculate the Guaranteed Maximum Price on the basis of the quality of construction, materials, and finishes that can be reasonably inferred from the design documents or other specified sources. The CM shall determine unit prices and the cost of the Project and shall make those assumptions regarding the project scope and the quality of the intended construction as may be necessary to fully document the Guaranteed Maximum Price. The County and CM shall use the most recently approved Project scope in determining whether or not the scope of the Project or a part thereof has been changed and in determining entitlement to an adjustment to the Guaranteed Maximum Price. A determination regarding all requests for adjustment to the Guaranteed Maximum Price shall be made in writing within thirty (30) days from the date of a written request for an adjustment. 7.1.3.1 The amount of adjustment to increase or decrease the Guaranteed Maximum Price resulting from a change in the Project shall be determined in one or more of the following ways: 7.1.3.1.1 By mutual acceptance of a lump sum, properly itemized and supported by cost data; or 7.1.3.1.2 By unit prices defined and listed in the GMP documentation; or 7.1.3.1.3 If neither of the methods set forth in 7.1.3.1.1 or 7.1.3.1.2 is agreed upon by the County, the CM provided it receives a written order signed by the County, shall promptly proceed with the work involved. The cost of such work shall then be determined on a time and material basis pursuant to Article 5. Choice of this method shall not restrict the County or the CM from disputing the justification or right of the CM to an increase in the Guaranteed Maximum Price due to such work. In such case, the CM shall keep and present in such form as may be agreeable to the County an itemized accounting together with appropriate supporting data of the actual cost of the Project. 7.1.3.2 If the unit prices are stated and if the quantities originally contemplated by the CM are so changed in a proposed change order or as a result of several change orders that application of the agreed unit prices to the quantities or work proposed cause substantial inequity to the County or the CM, the applicable unit prices and Guaranteed Maximum Price shall be adjusted. 7.1.3.3 Should concealed or unknown physical conditions be encountered that differ materially from those identified in the drawings or specifications, the Acct:36800000800700 CP729 New Hanover County Contract #19 -0116 draft Guaranteed Maximum Price may be adjusted by change order in accordance with Paragraph 5.2.2. 7.1.3.4 The Designer shall have the authority to order minor changes in the Project consistent with the intent of the drawings and specifications and not involving an adjustment in the Guaranteed Maximum Price or change of the construction completion date. Such changes may be affected by written order only and shall be signed by the County and the CM prior to the work being performed. 7.1.3.5 In the event that the bids for the construction of the project are less than the line item(s) in the GMP for the construction of the project, the GMP shall be reduced dollar for dollar to reflect the savings. The parties agree that any savings based upon the receipt of bids shall be retained solely by the County. 7.1.4 Unused Funds 7.1.4.1 In the event that there are any funds remaining in the CM's contingency or the County's allowance, those funds shall be retained solely by the County. 7.1.4.2 In the event that all of the funds allocated for the CM's general conditions are not used, the County shall retain all of those funds. 7.1.4.3 In the event that there are unused allowances or other cost of work funds, all of those funds, plus the associated CM fee, shall be retained by the County. 7.1.4.4 In the event that the bids for the construction of the project are less than the line item(s) in the GMP for the construction of the project, the County's allowance shall be increased dollar for dollar to reflect the savings. The parties agree that any savings based upon the receipt of bids shall be retained solely by the County 7.4 Lump Sum The County shall compensate the CM for Basic Services on the basis of a Lump Sum in accordance with the terms and conditions of this Agreement as follows: 7.4.1 Compensation for Basic Services The CM shall be compensated for performing Basic Services described in the pre- design phase (Paragraph 3.2), design phase (Paragraph 3.3) and the procurement phase (Paragraph 3.4) for a total lump sum in the amount of one hundred thousand dollars Dollars ($ 100,000 ) that shall be divided by the number of months scheduled for the basic services in and paid in equal monthly installments as the services are performed. The CM shall be compensated for performing basic services described in the construction phase (Paragraph 3.5) and post- construction phase (Paragraph 3 fl for a total lump sum in the amount of one million ive hundred twenty five dollars ($1,525,12 6). In the event tnousathere are changes inn the work that require an adjustment in the CM's construction /post- construction fee, the fee adjustment shall be based upon 3.9 % of the cost of the work added or deleted from the project. The fee for these phases shall be paid in proportion to the Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 30 Req. 31565 22 percentage of the actual cost of the work paid by the County. The cost of the work as used in this section shall be the total dollar amount of the construction contracts awarded by the CM to contractors for the performance of the work, minus any unused allowances or other deductive change orders. The CM's contingency shall not be included in the calculation or payment of the CM's fee. Progress payments for the work performed by the contractors shall be paid as the work is performed and approved in accordance with this Agreement. The CM acknowledges that the County only has funds for the basic services in Paragraphs 3.2, 3.3, and 3.4 at the time this Agreement is being executed and that the CM is not authorized to perform any services in Paragraphs 3.5 and 3.6 or any other provisions of this Agreement without the express written permission of the County. 7.4.2 Payments Payments to the CM shall be made monthly, not later than forty -five (45) days after receipt of the CM's Invoice by the County. 7.4.2.2 Payments due to the CM that are unpaid for more than forty -five (45) days from the due date of the CM's invoice shall not bear interest from the due date. 7.4.3 Compensation for Additional Services The CM shall be compensated and payments shall be made for performing Additional Services in an amount and on terms mutually agreeable between the County and CM. 7.4.4 Auditing Rights The CM shall keep all records and supporting documentation which concern or relate to the work, general conditions, or other monies paid hereunder for a minimum of three (3) years from the date of termination of this Agreement or the date the project achieves final completion. The CM shall require all of its subcontractors to likewise retain all of their project records and supporting documentation. The County, and any duly authorized agents or representatives of the County, shall be provided access to all such records and supporting documentation during normal business hours upon reasonable request by the County. Further, the County, and any duly authorized agents or representatives of the County, shall have the right to audit, inspect and copy all of the CM's and any contractor's project records and documentation. These access, inspection, copying and auditing rights shall survive the termination of this Agreement. 7.5 Adjustments to the CM's Compensation The CM shall notify the County as specified in this Agreement when material changes to the scope of the Project or a part thereof or when delays caused in whole or in part by the County or Designer are expected to increase or extend the project's critical path or the scope or duration of the CM's Services. If the change results in a delay to the project's critical path or a material increase in the project's scope, the CM shall be entitled to receive an increase in the duration of this Agreement and /or Acct:36800000800700 CP729 New Hanover County Contract #19 -0116 draft additional compensation for the change in accordance with this Agreement. 7.6 Liquidated Damages 7.6.1 Should the CM fail to substantially complete the project or phase on or before the date stipulated for substantial completion of the project (or such later date as may result from extension of time granted by County), the CM shall pay or the County may retain from the funds otherwise to be paid to the CM the sum of $ 500 as substantial completion liquidated damages for each consecutive calendar day beyond the date established in this Agreement that project fails to achieve substantial completion as defined in this Agreement, which sum is agreed upon as a reasonable and proper measure of damages which the County will sustain per day by failure of the CM to complete work within time as stipulated; it being recognized by the County and the CM that the injury to the County which could result from a failure of the CM to complete on schedule is uncertain and cannot be computed exactly. This amount is the minimum measure of damages the County will sustain due to delay in the completion of the work, which shall include but not be limited to the loss of use of the facilities, the relocation of students and services, the cost of County's time and resources, damage to County's reputation, and storage of furniture and other materials. The inability of the County to quantify actual damages shall not prevent the recovery of liquidated damages. 7.6.2 For each consecutive calendar day that the work remains incomplete after the date established for final completion of the project, the CM shall pay or County will retain from the compensation otherwise to be paid to the CM the sum of $ 500 as final completion liquidated damages. This amount is agreed upon as a reasonable and proper measure of damages the County will sustain due to the delay in the completion of all remedial work, the delay in the correction of the deficient work, the disruption to the school and the learning environment, the cost of County's time and resources, damage to County's reputation, and the inability to use the facilities fully. This amount is in addition to the liquidated damages prescribed above for substantial completion. 7.6.3 The amount of liquidated damages set forth in Paragraphs 7.6.1 and 7.6.2 hereinabove shall be assessed cumulatively. The items of cost included in the assessment of liquidated damages are defined above. This provision of liquidated damages does not bar County's right to enforce other rights and remedies against CM, including but not limited to, specific performance or injunctive relief. In no way shall costs for liquidated damages be construed as a penalty to the CM. 7.6.4 Nottwithstanding any other provisions of the Agreement, if there is concurrent delay in the completion of the work, the CM shall be liable for liquidated damages as specified in this Agreement during such period of concurrent delay. For the purpose of this section 7.6, concurrent delay means (a) a delay event caused in part Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 31 Req. 31565 23 by the County or its agent and in part by the CM or its contractors, subcontractors, sub - subcontractos, or (b) one or more delay event caused solely by the County, its agents, or the Designer, and one or more delay event caused in part by the CM, subcontractors, sub - subcontractors or agents, each of which would have resulted in a delay without the other and which delays run concurrently, or at the same time. In the event that the foregoing provision making the CM liable for liquidated damages during a period of concurrent delay is found to be unenforcable, then the parties agree that in the event of a concurrent delay, the extent of the delay will be apportioned between the County and the CM, and the CM will be responsible for liquidated damages as set forth in the section 7.6 for those portions of the delay which are apportioned to the CM, its subconctractors, sub - subcontractors, agents or material suppliers. 7.6.5 The amount of liquidated damages set forth in this Section shall not include additional legal or design professional costs that may result from the CM's default. If such legal or design professional costs are incurred by the County, the CM shall be liable to the County for those costs in addition to the liquidated damages amount set forth, 7.7 The following summary is intended to provide a single location for all relevant monetary amounts included in this Agreement as of the date of execution of the Agreement. The following list shall take precedence over any inconsistencies in the amounts otherwise incorporated into this Agreement. The amounts in this Agreement shall only be revised by written Agreement between the parties. The monetary amounts follow: GMP $ 13,864,785 COST OF WORK $12,339,659 CM PRECONSTRUCTION FEE $ 100,000* New Hanover County Contract #19 -0116 draft written on Insurance Services Office (ISO) "occurrence" form CG 00 01 covering CGL or its equivalent and shall cover the liability arising from premises, operations, independent contractors, products - completed opera- tions, personal and advertising injury, and liability assumed under an insured contract, including the tort liability of another assumed in a business contract. County, its officers, officials, agents, and employees are to be covered as additional insureds under the CGL by endorsement CG 20 10 and CG 20 37 or an endorsement providing equivalent coverage with respect to liability arising out of activities performed by or on behalf of CM; products and completed operations of CM; premises owned, leased or used by CM; and under the commercial umbrella, if required by County. The coverage shall contain no special limitations on the scope of protection afforded to County, its officers, officials, agents, and employees. The status of County as an additional insured under a CGL obtained in compliance with this Contract shall not restrict coverage under such CGL with respect to the escape or release of pollutants at or from the Project site. There shall be no endorsement or modification of the CGL or Umbrella Liability limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage, employment - related practices, or damage to the named insured's work. CM shall maintain CGL and, if necessary Commercial Umbrella Liability (CUL) insurance, both applicable to liability arising out of CM's completed operations, with a limit of not less than $10,000,000 each occurrence for at least three (3) years following substantial completion of the Work. CM's CGL insurance shall be primary as to County, its officers, officials, agents, and employees. Any other insurance or self- insurance maintained by County, its officers, officials, agents, and employees shall be excess of and not contribute toward CM's insurance. CM CONSTRUCTION FEE Precon fee not included in GMP 8.1.2 The Workers' Compensation and Employer's $ 536,476 Liability. CM CONSTRUCTION CONTINGENCY CM shall maintain Workers' Compensation as required $ 277,296" This is a cost of work allowance by the State of North Carolina and Employer's Liability Insurance. The Employer's Liability, and if necessary, COUNTY ALLOWANCE $ CUL insurance shall not be less than $5,000,000 each GENERAL CONDITIONS $ 988,650* accident for bodily injury by accident, $5,000,000 each LIQUIDATED DAMAGES - SUBSTANTIAL employee for bodily injury by disease, and $5,000,000 $ 500 /day 'Bonds and insurances are policy limit. The Insurer shall agree to waive all rights of LIQUIDATED DAMAGES— FINAL understood to be a separate GC subrogation against County, its officers, officials, agents, 500 based on actual cost of work and and employees for losses arising from the Work $ /day are not included in this amount. performed by CM for County. ARTICLE 8 INSURANCE AND MUTUAL INDEMNITY 8.1 CM's Liability Insurance 8.1.1 Commercial General Liability. CM shall maintain Commercial General Liability (CGL) with a total limit of not less than 10,000,000 each occurrence for bodily injury and property damage. If such CGL insurance contains a general aggregate limit, it shall apply separately to the Project. CGL insurance shall be Acct:36800000800700 CP729 8.1.3 Business Auto Liability. CM shall maintain Business Auto Liability and, if necessary, CUL insurance with a limit of not less than $5,000,000 combined single limit. Such insurance shall cover liability arising out of any auto, including owned, hired, and non -owned autos. Business Auto coverage shall be written on ISO form CA 00 01, or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage equivalent to that provided in ISO form CA 00 01. CM's Business Auto Liability insurance shall Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 32 Req. 31565 24 be primary as to County, its officers, officials, agents, and employees. Any other insurance or self- insurance maintained by County, its officers, officials, agents, and employees shall be excess of and not contribute with CM's insurance. 8.1.4 Builders Risk Insurance. CM shall purchase and maintain in force builders risk insurance on the entire work. Such insurance shall be written on a completed value form and in an amount equal to the initial contract sum subject to subsequent modifications of the contract sum. The insurance shall apply on a replacement cost basis. Builders Risk insurance shall name as insureds County, CM, and all subcontractors and subcontractors. Builders Risk insurance shall cover the entire work at the site identified in this Contract including reasonable compensation for architects' services and expenses made necessary by an insured loss. Insured property shall include portions of work located away from the site but intended for use at the site, and shall also cover portions of the work in transit. The policy shall cover the cost of removing debris, including demolition as may be made legally necessary by the operation of any law, ordinance, or regulation. Builders Risk Insurance shall, at a minimum, cover the perils insured under the ISO special causes of loss form (CP 10 30) and shall be endorsed as needed to provide full coverage for loss or damage from collapse including collapse resulting from design error. Builders Risk Insurance shall include coverage for flood. If property is damaged by the failure of CM to maintain Builders Risk or Equipment Breakdown, then CM shall bear all reasonable costs properly attributable to that failure. Partial occupancy or use of the Work upon substantial completion shall not commence until the insurance company or companies providing Builders Risk insurance have consented to such partial occupancy or use. County and CM shall take reasonable steps to obtain consent of the insurance company or companies, and agree to take no action, other than upon mutual written consent, with respect to occupancy or use of the Work that could lead to cancellation, lapse, or reduction of insurance. 8.1.5 Professional Liability Insurance. CM shall maintain in force for the duration of this Contract professional liability or errors and omissions liability insurance appropriate to CM's profession. Coverage as required in this paragraph shall apply to liability for a professional error, act, negligence, or omission arising out of the scope of CM's services as defined in this Contract. Coverage shall be written subject to limits of not less than $5,000,000 per loss. If coverage in this Contract is on a claims -made basis, CM warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract, and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning from the time that services under the Contract are complete. Acct:36800000800700 CP729 New Hanover County Contract #19 -0116 draft 8.1.6 Surety Bond - Performance & Payment Bonds. CM shall furnish and deliver to County a Payment Bond and a Performance Bond covering the faithful performance and completion of work included in this Contract and payment for all materials and labor furnished or supplied in connection with work included in this Contract. All bonds shall be issued and furnished to County prior to, and as a condition precedent to, commencement of the Work of this Contract. The Payment Bond and Performance Bond shall be furnished on behalf of CM, shall name County obligee, and shall be one hundred percent (100 %) of the amount of the guaranteed repair and maintenance costs. Such bond(s) shall be solely for the protection of County. The Payment Bond and the Performance Bond shall be issued by a surety of financial standing having a rating from A.M. Best Company equal to or better than A and must be included on the approved list of sureties issued by the United States Department of Treasury. The bond shall remain in effect at least one (1) year after the date when final payment is made. The surety bond must be in the form set forth in N.C.G.S. 44A -33, without any variations therefrom. CM shall provide surety bond wherein Surety waives notice of all modifications, omissions, additions, changes and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by the Bond shall not be impaired in any manner due to any modifications, omissions, additions, changes, and advance payments or deferred payments. The surety bond must set forth no requirement that suit be initiated prior to the time stipulated in applicable North Carolina Statutes of Limitation. 8.1.7 Deductibles and Self- Insured Retentions. CM shall be solely responsible for the payment of all deductibles to which such policies are subject, whether or not County is an insured under the policy. 8.2 Miscellaneous Insurance Provisions Any failure to comply with reporting provisions of the policies listed in this Contract shall not affect coverage provided to County, its officers, officials, agents, and employees. Each insurance policy required by this contract shall be endorsed to state that coverage shall not be canceled by either party except after thirty (30) days prior written notice has been given to New Hanover Risk Management, 230 Government Center Drive, Ste. 125, Wilmington, North Carolina, 28403. If CM's liability policies do not contain the standard ISO separation of insureds provision, or a substantially similar clause, they shall be endorsed to provide cross - liability coverage. 8.3 Acceptability of Insurers. Insurance is to be placed with insurers licensed to do business in the State of North Carolina with an A.M. Best's rating of no less than A VII unless specific approval has been granted by County. 8.4 Evidence of Insurance. CM shall furnish County with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 33 Req. 31565 25 requirements prior to commencing the Work, and thereafter upon renewal or replacement of each certified coverage until all the Work under this contract are deemed complete. Evidence of additional insured status shall be noted on the certificate of insurance as per requirements in this Contract. Insurance maintained after final payment evidencing such coverage shall be provided to County with final application for payment and thereafter upon renewal or replacement of such insurance until the expiration of the two -year period for which such insurance must be maintained. 8.5 Subcontractors. CM shall include all subcontractors as insureds under its policies or shall furnish separate certificates for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. GCL coverage shall include Independent CMs' coverage, and CM shall be responsible for assuring that all subcontractors are properly insured. 8.6 Conditions. County may, at its discretion and with the approval of Risk Management and the Finance Department, accept letters of credit or custodial accounts in lieu of specific insurance requirements. CM shall warrant that the insurance contributing to the satisfaction of insurance requirements in this Contract and shall not be canceled, terminated, or modified by CM without prior written approval of County. CM shall promptly notify the New Hanover County Property Management and New Hanover County Risk Management at (910) 798 -7497 of any accidents arising in the course of operations under the Contract causing bodily injury or property damage. County reserves the right to obtain complete, certified copies of all required insurance policies. Failure of County to demand a certificate of insurance or other evidence of full compliance with these insurance requirements or failure of County to identify a deficiency from evidence that is provided shall not be construed as a waiver of CM's obligation to maintain such insurance. County does not represent that coverage and limits will be adequate to protect CM and such coverage and limits shall not be deemed as a limitation of CM's liability under the indemnities granted to County in this Contract. If CM fails to maintain the insurance as set forth herein, County shall have the right to purchase said insurance at CM's expense. CM agrees to reimburse County for all expenses incurred for such purchase. CM or its agent may apply to County for approval of higher deductibles based on financial capacity and quality of the carrier affording coverage. County shall have the right to prohibit CM or any subcontractor from performing work or services and may withhold payment until required certificates has been received and approved by County. 8.7 Indemnity To the fullest extent permitted by law, CM shall indemnify and hold harmless County, its officers, officials, agents and employees from and against liability, claims, damages, losses and expenses, including attorneys' fees, arising out of or resulting from performance of the Work, provided that such liability, claims, damage, loss or expense is attributable to bodily injury, sickness, Acct:36800000800700 CP729 New Hanover County Contract #19 -0116 draft disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of CM, anyone directly or indirectly employed by it or anyone for whose acts they may be liable, regardless of whether or not such liability, claim, damage, loss or expense is caused in part by County, its officers, officials, agents and employees. ARTICLE 9 SUSPENSION 9.1 Suspension 9.1.1 The County may order, in writing, the CM to suspend all or any part of the CM's services for the Project for the convenience of the County or for work stoppage beyond the control of the County or the CM. If the performance of all or any part of the services for the Project is suspended, the County and CM may negotiate an adjustment in the CM's compensation for the increase, if any, in the cost of the CM's performance of this Agreement caused by such suspension and this Agreement may be modified in writing accordingly. 9.1.2 in the event the CM's services on the project are suspended, the County shall reimburse the CM for all of the costs of its construction site staff, assigned project home office staff and other costs provided for by this Agreement for the first seven (7) days of such suspension. the CM shall reassign the staff for the remainder of the suspension period unless directed otherwise by the County in writing and, if the County directs the CM to maintain all or part of its staff, the County shall reimburse the CM for all costs of staff remaining dedicated to the project. upon cessation of the suspension, the CM shall restore the construction site and home office staff to its former size. 9.1.3 Persons assigned to another project during such suspension or period and not available to return to this Project upon cessation of the suspension shall be replaced. The County shall reimburse the CM for costs incurred in relocating staff persons returning to the Project or new persons assigned to the Project. 9.1.4 If the Project is suspended by the County for more than three (3) months, the CM shall be paid compensation for services performed prior to receipt of written notice from the County of such suspension, together with direct expenses then due. If the Project is resumed after being suspended for more than six (6) months, the CM shall have the right to request that its compensation, including rates and fees, be renegotiated. Subject to the provisions of this Agreement relating to termination, a delay or suspension of the Project does not void this Agreement. ARTICLE 10 TERMINATION Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 34 Req. 31565 26 10.1 Termination by the CM 10.1.1 If the work is stopped for a period of one hundred eighty (180) days by the County or under an order of any court or other public authority having jurisdiction, or as a result of an act of government, such as a declaration of a national emergency making materials unavailable, and through no act or fault of the CM or a contractor or their agents or employees or any other persons performing any of the work under a contract with the CM, then the CM may, upon seven (7) additional days' written notice to the County and the design consultant, terminate the contract and recover from the County payment for all work executed. The CM shall not be entitled to collect and hereby expressly waives any profit on work not performed and any damages related to that portion of the contract which has been terminated. 10.2 Termination for convenience of the County 10.2.1 The County may, at any time upon ten (10) days' written notice to the CM and to the CM's surety, which notice shall specify that portion of the work to be terminated and the date said termination is to take effect, terminate (without prejudice to any right or remedy of the County) the whole or any portion of the work for the convenience of the County. The CM's sole remedy, in the event of such termination, will be the allowable termination costs. CM shall include termination clauses identical to Article 10 in each of its subcontracts. 10.3 Default termination 10.3.1 Ten (10) days' after written notice is mailed to the CM and to the CM's surety, the County may terminate (without prejudice to any right or remedy of the County or any subsequent buyer of any portion of the work) the employment of the CM and its right to proceed either as to the whole or any portion of the work required by the contract documents and may take possession of the work and complete the work by contract or otherwise in any one of the following circumstances: A. If the CM or its surety refuses or fails to prosecute the work or any separable part thereof with such diligence as will ensure the substantial or final completion of the work within the contract time or fails to complete the work or remedy a default within said period; B. If the CM is in material default in carrying out any provisions of the contract for a cause within his control; C If the CM fails to supply a sufficient number of properly skilled workmen or proper equipment or materials; D If the CM fails to make payment to the contractors or for materials or labor when due, unless he otherwise provides the County reasonable evidence that payment is not legally or contractually due; Acct:36800000800700 CP729 New Hanover County Contract #19 -0116 draft E. If the CM disregards laws, permits, ordinances, rules, regulations or orders of any public authority having jurisdiction, or fails to follow the reasonable instructions of the County; F. If the CM substantially violates any provisions of the contract documents; or G. If the CM refuses or fails to properly schedule, plan, coordinate and execute the work, as specified herein, so as to perform the work within the specified milestone and completion dates, or to provide scheduling or related information, revisions and updates as required by the contract documents. 10.3.2 The right of the CM to proceed shall not be so terminated under this Section if the delays in the completion of the work are due to causes beyond the control and without the fault or negligence of the CM or the contractors. 10.3.3 If, after the CM has been terminated for default pursuant to this Section, it is determined that none of the circumstances set forth herein exist, then such termination shall be considered a termination for convenience. In such case, the CM's sole remedy will be the costs permitted. 10.3.4 If the County so terminates the employment of the CM, the CM shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the compensation that would have been paid to the CM for the actual work completed, excluding the CM's unused contingency, shall exceed the expense of so completing the work (including compensation for additional construction management, managerial, administrative, consultant, legal, design and inspection services and any damages for delay) such excess shall be paid to the CM. 10.3.5 If such expenses shall exceed the unpaid balance, the CM and his sureties shall be liable to the County for such excess. If the right of the CM to proceed with the work is partially or fully terminated, the County may take possession of and utilize in completing the work such materials, appliances, supplies, plant and equipment as may be on the site of the terminated portion of the work and necessary for the completion of the work. If the County does not fully terminate the right of the CM to proceed, the CM shall continue to perform the part of the work that is not terminated. 10.3.6 If the County terminates the whole or any part of the work, the County may procure, upon such terms and in such manner as the County may deem appropriate, supplies or services similar to those so terminated, and the CM shall be liable to the County for any excess costs for such similar supplies or services. The CM shall continue the performance of the contract to the extent not terminated hereunder. 10.4 Allowable Termination Costs Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 35 Req. 31565 27 10.4.1 If the County terminates the whole or any portion of the work, then the County shall only be liable to the CM for those costs reimbursable to the CM in accordance with this Section, plus a markup of ten (10 %) percent for profit and overhead on the actual fully accounted costs paid by the County; provided however, that if there is evidence that the CM would have sustained a loss on the entire contract had it been completed, no profit shall be included or allowed hereunder for the work performed and an appropriate adjustment shall be made reducing the amount of the settlement to reflect the indicated rate of loss. Under no circumstances shall the CM be entitled to any loss profit or fee on the work terminated. 10.4.1.1 After receipt of a notice of termination, the CM shall submit to the County his termination claim, in the form and with certification prescribed by the County. Such claim shall be submitted promptly, but in no event later than thirty (30) days from the effective date of termination, unless one or more extensions in writing are granted by the County upon request of the CM made in writing within such thirty (30) day period or authorized extension thereof. However, if the County determines that the facts justify such action, he may receive and evaluate any such termination claim at any time after such thirty (30) day period or any extension thereof. Upon failure of the CM to submit his termination claim within the time allowed, the County may determine, on the basis of information available to him, the amount, if any, due to the CM by reason of the termination. 10.4.2 If the County terminates the whole or any portion of the work pursuant to Article 10, the County shall pay the CM an amount for supplies, services, or property accepted by the County, and which is in accordance with the contract documents, in an amount as if the Agreement had not been terminated. In addition, in such event, the County shall pay to CM an amount representing CM's actual cost, excluding any overhead and profit for the items and things specified in this Section and not heretofore paid for, appropriately adjusted for any saving of freight or other charges. Under no circumstances, shall the CM be entitled to any loss profit or fee on the work terminated pursuant to this Section. 10.4.2.1 The CM agrees that neither the County nor the Designer will be liable for payments to contractors or subcontractors pursuant this Section unless each contract or subcontract contains termination provisions identical to those set forth in this Article 10. The County and the design consultant will not be liable to the CM or any of the contractors or subcontractors for any costs associated with termination if the contract or subcontract of the party involved does not include the required termination language. 10.4.3 In arriving at any amount due the CM pursuant to this Section, there shall be deducted the following: Acct:36800000800700 CP729 New Hanover County Contract #19 -0116 draft A. All unliquidated advance or other payments on account theretofore made to the CM applicable to the terminated portion of the contract; B. Any amount which the County reasonably believes the CM or any of the contractors owes to the County; C. Such amount as the County determines to be necessary to protect the County against loss because of outstanding or potential liens or claims; and D. Agreed price for, or the proceeds of sale of, any materials, supplies or other things acquired by the CM or sold, pursuant to the provisions of this Agreement, and not otherwise recovered by or credited to the County. 10.4.4 The total sum to be paid to the CM under Article 10 shall not exceed the contract sum as reduced by the amount of payments otherwise made or to be made for work not terminated and as otherwise permitted by the contract. Except for normal spoilage, and except to the extent that the County shall have otherwise expressly assumed the risk of loss, there shall be excluded from the amounts payable to the CM. The replacement cost of property which is destroyed, lost, stolen or damaged so as to become undeliverable to the County, or to a buyer. 10.5 General Termination Provisions 10.5.1 After receipt of a notice of termination from the County, and except as otherwise directed by the County, the CM shall: A. Stop work under the contract on the date and to the extent specified in the notice of termination; B. Place no further orders or subcontracts for materials, services or facilities, except as may be necessary for completion of such portion of the work under the contract as is not terminated; C. Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the notice of termination; D. At the option of the County, assign to the County in the manner, at the times and to the extent directed by the County, all of the rights in the contracts so terminated, in which case the County shall have the right, at his discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; E. Settle all outstanding liabilities and all claims arising out of such termination or orders and subcontracts, with the approval or ratification of the County, to the extent he may require, which approval or ratification shall be final for all the purposes of this article; Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 36 Req. 31565 28 Transfer title and deliver to the entity or entities designated by the County, in the manner, at the times and to the extent directed by the County to the extent specifically produced or specifically acquired by the CM for the performance of such portion of the work as had been terminated, the following: (1) the fabricated or unfabricated parts, work in process, partially completed supplies and equipment, materials, parts, tools, dies, jigs and other fixtures, completed work, supplies and other material produced as part of, or acquired in connection with the performance of, the work terminated by the notice of termination; and (2) the completed or partially completed plans, drawings, information, releases, manuals and other property related to the work and which, if the contract had been completed, would have been required to be furnished to the County; G. Use commercially reasonable efforts to sell, in the manner, at the times, to the extent and at the price or prices directed or authorized by the County, any property of the types; provided, however, that the CM: (1) shall not be required to extend credit to any buyer, and (2) may acquire any such property under the conditions prescribed by and at a price or prices approved by the County; and provided further that the proceeds of any such transfer or disposition shall be applied in reduction of any payments to be made by the County to the CM under the contract or shall otherwise be credited to the contract sum covered by the contract or paid in such other manner as the County may direct; H. Complete performance of such part of the work as shall not have been terminated by the notice of termination; and I. Take such action as may be necessary, or as the County may direct, for the protection and preservation of the property related to the contract which is in the possession of the CM and in which the County has or may acquire an interest. 10.5.2 The CM shall, from the effective date of termination until the expiration of three (3) years after final settlement under the contract, preserve and make available to the County, at all reasonable times at the office of the CM, but without direct charge to the County, all his books, records, documents and other evidence bearing on the costs and expenses of the CM under the contract and relating to the work terminated hereunder, or, to the extent approved by the County, photographs, micro - photographs or other authentic reproductions thereof. Acct:36800000800700 CP729 New Hanover County Contract #19 -0116 draft 10.5.3 If the termination be partial, the CM may file with the County a claim for an equitable adjustment of the price or prices specified in the contract relating to the continued portion of the contract (the portion not terminated by the notice of termination), and such equitable adjustment as may be agreed upon shall be made in such price or prices. Any claim by the CM for an equitable adjustment must be asserted within six (6) months from the effective date of the notice of termination. 10.5.4 The CM shall refund to the County any amounts paid by the County to the CM in excess of costs reimbursable. 10.5.5 The CM shall be entitled to only those damages and that relief from termination by the County as specifically provided in article 10. ARTICLE 11 ADDITIONAL PROVISIONS 11.1 Confidentiality 11.1 Consistent with North Carolina's public records law, the CM will keep information specifically designated and marked by the County as "Confidential" and concerning the Project confidential. 11.2 Limitation and Assignment 11.2.1 The County and the CM each bind itself, its successors, assigns, insurers, and legal representatives to the terms of this Agreement. 11.2.2 The CM shall not assign or transfer its rights or interest in this Agreement without the written consent of the County, except that the CM may assign accounts receivable to a commercial bank for securing loans without approval of the County. However, nothing contained in this Paragraph can prevent the CM from employing contractors or such consultants, associates or subcontractors as the CM may deem appropriate to assist in performance of the services and of the Work hereunder. 11.3 Governing Law 11.3.1 This Agreement shall be governed by the laws of the State of North Carolina. 11.3.2 CM shall comply with all applicable laws and regulations in providing services under this Agreement. CM shall not employ any individuals to provide services to the County who are not authorized by federal law to work in the united states. CM represents that it is aware of and in compliance with the immigration reform and control act and North Carolina law (Article 2 of Chapter 64 of the North Carolina General Statutes) requiring use of the E- Verify system. CM further warrants that it will use the E- Verify system to verify employment eligibility of all its employees throughout the Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 37 Req. 31565 29 term of this Agreement, and that it will remain in compliance with all 1 -9 requirements throughout the term of this Agreement. CM shall also ensure that any subcontractors use the e- verify system at all times while providing subcontracted services in connection with this Agreement. 11.3.3 Compliance with Federal Law. If applicable, all federally funded projects, loans, grants, and sub grants whether funded in part or wholly, must be procured in a manner that conforms with all applicable federal laws, policies, and standards, including those under the uniform guidance (2 C.F.R. part 200). 11.3.4 The CM shall comply with the above listed and all applicable laws and regulations in providing services under this Agreement. 11.4 Extent of Agreement 11.4.1 This Agreement represents the entire and integrated Agreement between the County and the CM and supersedes all prior negotiations, representations or Agreements, either written or oral. This Agreement may be modified or amended only by written instrument signed by both the County and the CM. Nothing contained in this Agreement is intended to benefit any third party. The Contractors and Designer are not intended third party beneficiaries of this Agreement. This Agreement shall not be construed more strictly against one party than the other merely by virtue of the fact that it has been prepared initially by the County, it being recognized that both parties and their respective counsel have had a full and fair opportunity to negotiate and review the terms and provisions of this Agreement and to contribute to its substance and form. 11.5 Severability 11.5.1 If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be enforceable without such provision. 11.6 Meaning of Terms 11.6.1 References made in the singular shall include the plural and the masculine shall include the feminine or neuter. 11.7 Notices 11.7.1 Whenever any provision of the Contract Documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended or if delivered or sent by registered or certified mail, postage prepaid, or by facsimile, addressed as follows: New Hanover County Contract #19 -0116 draft Wilmington, NC 28401 To the CM: Bordeaux Construction Co., Inc ATTN: Ben Warren 135 E. Martin St #101 Raleigh, NC 27601 11.8 Compliance with County policies and procedures 11.8.1 The CM agrees to comply with these and all other County policies. In addition, the CM agrees to comply with the following: A. the CM, the contractors and their employees shall not possess or carry, whether openly or concealed, any gun, rifle, pistol, or explosive on any property owned by the County. property owned by the County. B. the CM, the contractors and their employees, are prohibited from profane, lewd, obscene or offensive conduct or language, including engaging in sexual harassment. C. the CM and the contractors shall not manufacture, transmit, conspire to transmit, possess, use or be under the influence of any alcoholic or other intoxicating beverage, narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or anabolic steroids, or possess, use, transmit or conspire to transmit drug paraphernalia on any property owned by the County. D. the CM and the contractors may not at any time use or display tobacco or nicotine- containing products, including but not limited to electronic cigarettes (e- cigarettes), on County premises, both indoor and outdoor. 11.8.9 The CM shall at all times enforce strict discipline and good order among its employees and shall not employ any unfit person or anyone not skilled in the task assigned to it. The County may require the CM to remove any employee, contractor or subcontractor the County deems incompetent, careless or otherwise objectionable. 11.8.10 All agents and workers of the CM and the contractors shall possess identification badges provided by the CM at all times they are on the County's property. The identification badges shall at a minimum display the company name, telephone number, employee name and a picture of the employee. The CM and the contractors shall comply with the County's site or school building access procedures when working on any existing school campus. 11.9 Construction Project Policies To the County: The CM acknowledges receipt of the County's dispute New Hanover County Property Management resolution policy, minority business participation policy, Attn: Kevin Caison and prequalification of bidders for construction projects, 200 Division Drive including their regulations and procedures. The CM and Acct:36800000800700 CP729 Req. 31565 30 Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 38 New Hanover County Contract #19 -0116 draft County agree that these policies shall be incorporated into this Agreement by reference. [PAGE INTENTIONALLY LEFT BLANK] Acct:36800000800700 CP729 Req. 31565 31 Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 39 This Agreement is executed the day and year first written above. NEW HANOVER COUNTY: Chairman Attest: Secretary [Corporate Seal] This instrument has been pre - audited in the manner required by the Local Government Budget and Fiscal Control Act. New Hanover County Contract #19 -0116 draft CONSTRUCTION MANAGER: President Attest: Corporate Secretary [Corporate Seal] Approved as to form County Finance Officer County Attorney Acct:36800000800700 CP729 Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 40 Req. 31565 32 WE Iffil N N N M M T W T N O N Lo SECOND FLOOR - 11,040 SF FIRST FLOOR PLAN - 14,246 SF Department Legend LBUILDING SUPPORT LCOURTS HOLDING /BAILIFF F-1 JUDICIAL STAFF El PUBLIC CIRCULATION El STAFF SHARED c!7 U w I U rvoo LL mmi Lu col r �� lll� 0 N ('') O N CF) Q (_0 > Ln Lo Z co _ c) U �< w w � cr r � d Y rn i Oo Cc w Ow z z O O 0 = M PROGRESS PRINT NOT FOR CONSTRUCTION uj U H N O U U w U Q w J w O 5 PROJECT N0: DATE: 123456 1 January 1, 2015 REVISIONS DATE DESCRIPTION OPTION 3 FLOOR PLANS OPT 3.1 Department Legend uj J LBUILDING SUPPORT — El CLERK OF COURT W L:lCOMMUNITY JUSTICE SERVICES HOLDING /BAILIFF ❑ PUBLIC CIRCULATION STAFF SHARED Z V V Z w z cn O — ZJ Oct 0 w Z Z PROJECT N0: DATE: 123456 1 January 1, 2015 REVISIONS DATE DESCRIPTION OPTION 3 FLOOR PLANS OPT 3.1 THIRD FLOOR - 109077 SF co N N co TM W T O N O N Ln Department Legend ❑ BUILDING SUPPORT ❑ DISTRICT ATTORNEY ❑ DIVISION OF JUVENILE JUSTICE ❑ HOLDING /BAILIFF ❑ PUBLIC CIRCULATION STAFF SHARED c!7 U w I U rvoo W J Lu col O lll� O co N co O N M Q (fl > 'n Z ch C) 2 00 U �< F- w w Lo Cc Lo r` Y rn J � O41 w O t 00 Ow z O O = M CL PROGRESS PRINT NOT FOR CONSTRUCTION uj U H N uj J Z uj O U U w H 2 U tY Q w J w W 5 LL } z Z U U O� Z � N c.) � O Oct � Q J Z PROJECT N0: DATE: 123456 1 January 1, 2015 REVISIONS DATE I DESCRIPTION OPTION 3 -THIRD FLOOR PLAN OPT 3.2 Client: Project Name: Description: Projecl #571989 OPINION OF PROBABLE TOTAL PROJECT COST MOSELEYARCHITECTS A P R O F E S S I O N A L C O R P O R A T I O N New Hanover County, NC New Hanover Division of Juvenile Justice Replacement Facility - Option 3 Juvenile Court Facility Date: May Computed By: DRM Checked By: DRM Sheet Number: 1 of ' 17, 2018 Item No. Description Area Unit Unit Cost Total Cost Construction Costs 1 New Construction (anticipates specialized foundations) 35,350 SF $310.00 $10,958,500.00 2 320 Chestnut Upfit (not required with this Option) 0 SF $125.00 $0.00 3 Replacement Facility Site Development N/A N/A lump sum est. $250,000.00 4 Existing Facility and Site Demolition N/A N/A lump sum est. $250,000.00 5 Construction / Design Contingency N/A % 10.00% $1,145,850.00 6 Cost Escalation Contingency N/A % 10.00% $1,260,435.00 Subtotal $13,864,785.00 Estimated Construction Cost 35,350 SF $392.21 $13,864,785.00 Project Costs 1 Fixtures. Furnishings & Equipment (FF &E of finished space N/A % 10.00% $1,386,478.50 2 Site and Construction Testing N/A % 1.00% $138,647.85 3 A/E Fee - Lump Sum N/A N/A lump sum $1,325,000.00 4 Document Printing N/A N/A lump sum $10,000.00 5 Property Acquisition (assume County -owned land) N/A N/A lump sum $0.00 6 Relocation Expenses (assume a 24 -36 month term) N/A N/A lump sum $70,000.00 7 CMAR Fee N/A N/A lump sum $100,000.00 Subtotal $3,030,126.35 TOTAL ESTIMATED PROJECT BUDGET $16,894,911.35 Notes: This Option requires a temporary relocation of juvenile court functions while the existing facility is demolished and a new three story facility is constructed on the existing site. CY = Cubic Yard LF = Lineal Foot LS = Lump Sum SF = Square Foot SY = Square Yard Board of Commissioners - October 15, 2018 ITEM: 10- 1 - 43 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 15, 2018 DEPARMMENI: Governing Body PRESINIMS): Chairman White CONIACT(S): Kym Crowell, Clerk to the Board SUBJECT: Committee Appointments BRIEF SUNP ARY: Avacancy exists on the following board: • Cape Fear Museum Advisory Board STRATEGIC PLAN AUCNNIM- Superior Public Health, Safety and Education • Keep the public informed on important information RECONAIMED MOTION AND REQUESTED ACTIOISS: Make appointment. ATTACENTI TIS: Cape Fear Museum Advisory Board COUNTY MANAGER'S CONIlV NIS AND RECOMFVVWE DATIONS: (only Manager) Make appointment. CONMSSIWN 'ACTIONS: Elizabeth A. Ferrell was appointed to the Cape Fear Museum Advisory Board. Board of Commissioners - October 15, 2018 ITEM: 11 COMMITTEE APPOINTMENTS CAPE FEAR MUSEUM ADVISORY BOARD Vacancy: Terms: Unexpired term expiring 6/30/2020 Applicant Eligible For Reappointment Nominations Elizabeth A. Ferrell Sarah Snyder Attachments: Committee Information Sheets Applications Board of Commissioners - October 15, 2018 ITEM: 11-1 -1 CAPE FEAR MUSEUM ADVISORY BOARD Number of Members: 12, which may include one County Commissioner Term of Office: Three years - may not serve more than two consecutive terms and cannot be reappointed until at least one year after the last term. Qualifications: Any County resident 18 years of age or older who has a sincere interest and commitment to the preservation of the history of the Lower Cape Fear region. Members shall be required to sign a conflict of interest agreement that will be provided in advance of their appointment. Compensation: None, but may be reimbursed for approved expenses incurred in performance of their duties. Regular Meetings: Third Wednesday of every other month at 4:00 p.m. at the Museum, 814 Market Street. Functions: To develop necessary policies for the efficient and responsive operation of the Cape Fear Museum; to advise the Museum Director and staff on programs and exhibits; to advise the County Manager and County Commissioners concerning the operating and capital needs of the Museum; and to serve on relevant committees. In addition, Board members are expected to actively promote the Museum's programs, and to assist and participate in its programs, including efforts to solicit outside funding for the Museum. (Changed from board of trustees to an advisory board effective 8/4/2003 (Book 29 page 694). Board of Commissioners - October 15, 2018 ITEM: 11-1 -2 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION David Ball, Chairman First 6/16/14 6/30/17 3539 Aster Court Second 7/17/17 6/30/20 Wilmington, NC 28401 910 - 343 -1343 (H) 910 - 509 -5124 (W) Robert F. Cameron, Jr., Vice Chairman First 6/20/16 6/30/19 5119 Nicholas Creek Wilmington, NC 28409 910 - 313 -1961 (H) 910 - 547 -2781 (C) Patrick Cazalet First 7/17/17 6/30/20 2314 Waverly Drive un Wilmington, NC 28403 A (n ISO 801 - 589 -5831 (C) I j Dennis Dixon First 7/17/17 6/30/20 2523 Costmary Lane Unit 9 Wilmington, NC 28412 240 - 743 -8065 (C) Kevin Maurer First 8/20/18 6/30/21 3509 Amber Drive Wilmington, NC 28409 910 - 322 -4924 (C) Board of Commissioners - October 15, 2018 ITEM: 11-1 -2 CAPE FEAR MUSEUM ADVISORY BOARD (CONT.) Board of Commissioners - October 15, 2018 ITEM: 11-1 -3 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Mike Maurer Unexpired 8/20/18 6/30/19 703 N. 41 St. Unit C Wilmington, NC 28401 757 - 641 -0807 (C) Suraiya Motsinger First 6/20/16 6/30/19 1309 Princess Street Wilmington, NC 28401 217 - 637 -8375 (H /C) 910 - 341 -3234 (W) Darin Penneys First 6/20/16 6/30/19 421 Semmes Drive Wilmington, NC 28412 484 - 832 -0550 (C) 910 - 392 -3046 (W) Donna Pope First 7/17/17 6/30/20 1903 Pender Avenue Wilmington, NC 28403 910 - 762 -9907 (H) 910 - 619 -3709 (C) 910 - 332 -6660 (W) Sandra Alice Ray First 7/17/17 6/30/20 5409 Widgeon Drive Wilmington, NC 28403 910 - 512 -7100 (C) 910 - 772 -7101 (W) Florence J. Warren First 8/20/18 6/30/21 204S.16 th St. Wilmington, NC 28401 910 - 343 -8249 (H) 910 - 520 -0432 (C) Museum Associates, Inc. President: Samantha Dooies County Commissioner: Chairman Woody White Appointed 1/8/18 910 - 798 -7259 (NHC Office) Director: Sheryl Mays File: /Museum Cape Fear Museum Revised: 08/2018 814 Market Street Wilmington, NC 28401 910 - 798 -4357 Fax: 910-798-4382 Board of Commissioners - October 15, 2018 ITEM: 11-1 -3 Oct, 2. 2018 9:30AM NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 Wilmington, NC 28403 COMMITTEE APPLICATION Telephone (910) 788 -1149 FAX (910) 798.7145 Board /Committee: Cape Fear Museum Advisory Board Name: Elizabeth Andrea Ferrell No. 0353 P. 2 44 �+ �• � I 7 E Mail` elizabethaferrell @gmail . com Home Address: 210 salt Brick Ct, Wilmington, 28411 e (zip a e Mailing Address if different: (City) (Zip Code) Home Phone; n/a Fax: Cell; 3053219059 Business. Years living in New Hanover County: 5 Male: Female: ✓ Race: Caucasian (Information for the purpose of assuring a cross-sectlon of rho communhy) Do you have a family member employed by New Hanover County? If yes, name No Age: 2 9 Employer. nCino A person currently employed by the agency or department for which this application Is made, most resign hlAer position with New Hanover Counly upon appointment In accordance with Article Vl, Sec. d of the New Hanover County Personnel Policy. Furthermore, applicant should have no Immediate family membeo, employed by such agency or department Occupation: Product Manager Professional Activities: Event creator /scheduler for "Festivus" (nCino I s internal gift exchange) Volunteer Activities: Event volunteer with Cape Fear literacy council Why do you wish to serve on this board /committee? Bring fresh ideas and a passion for perfection to an institution that commemorates and educates about the town that I live in and love. Conflict of Interest: M a board member believes he/she has a conflict or potential conflict of interest an a particular issue, that member should state this belief to the other members of hlAer respective board during a public meeting. The member should state the nature of the conflict detailing that he /she has a separate, private, or monetary Interest ether dliect or Indirect, In the Issue under conslderatlon. The member should then excuse himselfrherself fiom voting on the matter. What areas of concern would you like to see addressed by this committee? Dated exhibits, more hands —on exhibits, one —off events geared towards adults, more advertising, increasing attendance Qualifications for serving: gored in American History /Lit in college, former RFP writer, passionate about museums, a desire to contribute to my community & to gain knowledge Other municipal or county boards/committees on which you are serving; None IVES List three local personal references and phone numbers: 1. Scott Toler, (919)631 -5849 0 ` 2018 2 Katie Jones, (765) 532 -0715 B O C OFF. 3. Tristan Pease, (781) 454 -7949 Date: 10/01/18 Signature _ Applications are kept on file for 18 months I understand that without cause byy Please use reverse side for additional comm@%W,d of Commissioners - 0c ITEM: 11- 1 - 4 comm/Iteo app Tt may be removed Countv Commi io ers. 09/26/2018 01:19PM 91079681111 CHRYSALIS CENTER NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center prive, Suite 175 Wilmington, Nc 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149 FAX (9 10) 7987145 Board /Committee: C�. ao F.A c" T-kewxr 4 PAGE 01/01 A Name: ��(1� t r' E- Ma►1:�A -L" _ U f Home - 1n�ty SC�I.S C �V�i�1 - Y1C• C Ol�'1 Address: Mailing Address if different: (Zio Code) Q'lo Home Phone: ct to Ail '-7, 971 Fax: Cell: Business: Years living in New Hanover County: Male: Female: Race: Age: (Information for the purpose of assuring a cross- seotlon of the community) Do you have a family member employed by New Hanover County? # yes, name in Employer. ` _ t A person currently employed y the agency or department for which this epplicallOn 18 ma e, must resign hisrhe Non with New Hanover County upon appointment, in accordance with Article A Sec. 4 of the New Hanover County Personnel Policy. Purthermore, applicant should have no Immediate family member employed by such agency or department. Occupation: (l-lC Tj(-P VY)(AYi iz i- Professional Activities: t ti l - toa -syi Inn Z i? Volunteer Activities: C - - r, h u P , tf\C p. i( gaC.12%1 - S*ricl e-S fa- 14 Why do you wish to serve on this board /committee? Conti /ct of !n rsaC !f aboard member befi ves halsh4F has a conflict or potential conflict of Interest on a particular issue, that member should state this belief to the other members of hismei respective board during a public meeling. The member should state the nature of the conflict, detailing that he/she has a separate, private, or monetary Interest, either direct or indirect In the Issue under consideration. The member should then excuse himself/herself from voting on the matter. What areas of concern would you like to see addressed by this committee? / Qualifications for serving: Other municipal or county boards/committees on which you are serving: List three local personal references and phone numbers: RECEIVED ,sr,, 4.5r.� � �oliiPa �c� g � �- SP z 2018 2.+ a (b -4:78ei ~ 11 (4 . Date: %Ulications Lare ept on file for 18 months Signature I I understandyik4ny boarder committee appointee may be removed without cause by a rnalorlty of County Commissioners. Please use reverse side for additional comments Board of Commissioners - October 15, 2018 ITEM: 11- 1 - 5