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HomeMy WebLinkAbout2017-006-E SW - Draper Aden Associates, Inc. - Amendment #3 to contract for engineering services DocuSign Envelope ID:2A7B8A99-FCBE-440E-A69D-35417F3FA2A5 NORTH CAROLINA ORANGE COUNTY CONTRACT AMENDMENT #3 THIS CONTRACT AMENDMENT ("Amendment") is made and entered into this 31st day of December_ 2016 by and between ORANGE COUNTY (hereinafter referred to as "County") and Draper Aden Associates, Inc. (hereinafter referred to as "Provider"). WITNESSETH: THAT WHEREAS, the County and Provider entered into a contract dated December 3 , 2007 amended by addendum January 20, 2011 and again on December 31 , 2014 for the provision of professional services to the County(hereinafter the "Agreement"); and WHEREAS, the County and Provider desire to extend the Agreement while keeping in effect all terms and conditions of the Agreement not inconsistent with the terms and conditions set forth below. NOW THEREFORE, for and in consideration for the mutual covenants and agreements made in the Original Agreement and herein, the parties agree to amend the Original Agreement as follows: 1 . The Term of the Agreement is hereby extended through March 1, 2017. 2. Subsection 13 Governing Law be replaced with the following: "Subsection 13— Governing Law: This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. Consultant shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Anti-Discrimination Policy. Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit the definition of breach to discrimination. By executing this Agreement Consultant affirms that Consultant and any subcontractors of Consultant are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Consultant's breach of this Agreement. By executing this Agreement Consultant affirms Consultant is in compliance with Article 2 of DocuSign Envelope ID:2A7B8A99-FCBE-440E-A69D-35417F3FA2A5 Chapter 64 of the North Carolina General Statutes. By executing this Agreement, Consultant certifies that Consultant has not been identified, and has not utilized the services of any agent or subcontractor, on the Iran divestment list created by the State Treasurer pursuant to G.S. 147-86.58." 3. Except for the changes made herein, the Agreement shall remain in full force and effect to the extent it is not inconsistent with this Amendment. IN TESTIMONY WHEREOF, this Amendment has been executed by the parties hereto, as of the date first above written. ORANGE COUNTY: PROVIDER: , —DocuSigned by: -°-°DocuSiglneedd,byy: k r�o.os,;. 1/8/2017 ki�L �SS 12/20/2016 �..��gzu7gcca 8/ `.---9oDA5fic3o7PgAP3 Chair Mike Lawless Title Executive vice President ®DocuSign Envelope ID:2A7B8A99-FCBE-440E-A69D-35417F3FA2A5 i�1 DRAPADE-01 KCOLLINS ACORL,° CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `--■" 8/17/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT I'. NAME: Ames&Gough PHONE 703 827-2277 Fax 703 827-2279 8300 Greensboro Drive (A/C,No,Ext): ( ) (A/c,No):( ) Suite 980 ADDRESS:admin @amesgough.com McLean,VA 22102 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Continental Casualty Company(CNA)A,XV 20443 INSURED INSURER B: G Draper Aden Associates,Inc. INSURER C: 2206 South Main Street INSURER D: Blacksburg,VA 24060 INSURER E: INSURER F: _ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP INSD WVD POLICY NUMBER (MMIDD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED 9 PREMISES(Ea occurrence) $ I; MED EXP(Any one person)_ $ PERSONAL&ADV INJURY $ GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _ $ POLICY JEr LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY ' COMBINED SINGLE LIMIT $ (Ea accident) _ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) $ UMBRELLA LIAB OCCUR CACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE _ $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER - ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liab. AEH288351149 05/14/2016 05/14/2017 Per Claim Limit 5,000,000 A Professional Liab. AEH288351149 05/14/2016 05/14/2017 Annual Aggregate 10,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE FOR PROPOSAL PURPOSES ONLY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE , I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD