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HomeMy WebLinkAbout2018-390-E AMS - Northern Campus Moseley Architects AmendmentDocuSign Envelope ID: 48ED1D41- DA40- 49D1- A586- 23C127C5B7EF NORTH CAROLINA CONTRACT AMENDMENT ORANGE COUNTY THIS CONTRACT AMENDMENT ( "Amendment ") is made and entered into this 30'' day of July, 2018 by and between ORANGE COUNTY (hereinafter referred to as "County ") and Moseley Architects, P.C. (hereinafter referred to as "Provider "). WITNESSETH: THAT WHEREAS, the County and Provider entered into a contract dated August 24th, 2015, (hereinafter the "Original Agreement "), for the provision of consulting services for the design of the Orange County Detention Center; and WHEREAS, the County and Provider amended the Original Agreement on December 10th, 2015 ( "Suspension Amendment ") in order to suspend Basic Services design activities, and is now ready to lift the suspension and continue Basic Services design activities; and WHEREAS, the County and Provider desire to amend the Original Agreement while keeping in effect all terms and conditions of the Original Agreement not inconsistent with the terms and conditions set forth below. NOW THEREFORE, for and in consideration of the mutual covenants and agreements made herein, the parties agree to amend the Original Agreement as follows: 1. In order to ensure the completion of the Services identified in the term of the Original Agreement is amended to reflect an end date by which all Services shall be completed of April 30th, 2021. 2. Consistent with the Suspension Amendment, Section 3(a)(ii) of the Original Agreement is stricken and replaced with the Tasks and Milestones listed in Exhibit 1 of this Amendment. 3. Article 5, Section a. is amended to reflect a maximum payable not -to- exceed amount of $1,686,400.00, described as the sum of lines 1,2,3,4,5,6,9 &10 according to the attached proposal titled "Orange County Detention Center - Design Amendment #4" dated June 20, 2018. 4. Section 11 b. is stricken in its entirety and replaced with: 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. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti - discrimination laws, policies, rules, and regulations and the Orange County Non - Discrimination Policy and the Orange County Living Wage Policy (both policies are incorporated herein by reference and may be viewed at http: / /www.orangecountync.gov /departments/ purchasing _division /contracts.php). 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. 5. Section 11 c. is stricken in its entirety and replaced with: By executing this Agreement Provider affirms that Provider and any subcontractors of Provider 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 Provider's breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance with Article 2 of DocuSign Envelope ID: 48ED1D41- DA40- 49D1- A586- 23C127C5B7EF Chapter 64 of the North Carolina General Statutes. By executing this Agreement, Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the Iran divestment list created by the State Treasurer pursuant to G.S. 147 -86.58 or the Israel boycott list created pursuant to G. S. 147 - 86.81. 6. Except for the changes made herein, the Original Agreement shall remain in full force and effect to the extent it is not inconsistent with this Amendment. In the event that there is a conflict between the Original Agreement and this Amendment, this Amendment shall control. IN TESTIMONY WHEREOF, this Amendment has been executed by the parties hereto, as of the date first above written. ORANGE COUNTY Bonnie B. Hammersley MOSELEY ARCHITECTS, P.C. auAa_aC- Daniel R. Mace County Manager Principal DocuSign Envelope ID: 48ED1D41- DA40- 49D1- A586- 23C127C5B7EF EXHIBIT 1 The Basic Services will be performed by the Provider in accordance with the following schedule: Task 1. Program Verification 2. Schematic Design 3. Design Development 4. Construction Documents 5. State and Local Approvals 6. Guaranteed Maximum Price 7. Construction Administration 8. Final Occupancy /Project Closeout 9. Training/Transition Milestone Date July 31 ", 2018 August 20, 2018 November 16th, 2018 February 28th, 2019 March 29th, 2019 May 24th, 2019 Jun 1 st, 2019 - January 291h, 2021 February 26th, 2021 April 30th, 2021 DocuSign Envelope ID: 48ED1D41- DA40- 49D1- A586- 23C127C567EF MOSELEYARCHITECTS 11430 N. Community House Road Suirr „5 Charlotte, NC 282;7 June 20, 2018 P (704) 540 -3755 RE: Orange County Detention Center — Design Amendment #4 Orange County, North Carolina Mr. Jeff Thompson, Director, Asset Management Services Orange County Post Office Box 8181 131 West Margaret Lane Hillsborough, North Carolina 27278 Dear Jeff: We are pleased to offer this Additional Services Proposal #4 in accordance with our Services Agreement Over $90,000.00 RFQ -No Reimbursable Expenses dated August 24, 2015. These services consist of the following: 1. To re -start the Project on the new approved site, an additional Schematic Design (SD) service will be required, but it is anticipated that the base SD "radial" layout generated originally will be used and re- verified for the Project. The previous effort had completed the SD phase, so some re- work is anticipated based upon current needs. 2. The Project has incurred cost escalations since 2015 with associated increases in project design overhead. 3. The Site / Civil Engineering effort will be all new, with additional work to incorporate the additional future County buildings to be master planned and engineered for the new site. The Additional Services for our civil engineering consultant (Civil Consultants, Inc.) include: cost escalation since 2015; increased onsite area, grading, drainage, utilities; offsite water extension; offsite sewer extension; road widening and adjacent sidewalk; more storm water management; additional landscaping design; land swap coordination; Town of Hillsborough approvals; and additional master planning for the new site. This service includes overall campus rough grading, storm drainage, stormwater management, onsite and offsite utility mains, interior driveway, road widening, erosion control, and perimeter landscaping for the overall campus property, as well as detailed site design, fine grading, parking and service areas, utility connections, interior landscaping, etc. for the jail facility. It does not include detailed site development design for the DEAPR facilities. 4. The approximate design schedule is revised as follows starting from notice to proceed from the County: Schematic Design (SD) Phase — 60 days; Design Development Phase (DD) — 90 days; Construction Document Phase (CD) — 120 days; Bidding Phase — 60 days (there may be an early site package and sequential bidding per CMAR input); Construction Designing solutions. Building trust. Enriching lives. DocuSign Envelope ID: 48ED1D41- DA40- 49D1- A586- 23C127C567EF RE: Orange County Detention Center — Additional Services Mr. Jeff Thompson, Director, Asset Management Services Paae 2 June 20. 2018 Administration Phase (CA) — 20 months; Transition / Activation Phase — 60 days 5. The Owner will be retaining the services of a Construction Manager at Risk (CMAR), which will require additional coordination meetings during the pre- construction duration, and potential multiple and sequential bidding efforts. Compensation shall be the lump sums revised from the original Agreement as follows: 1. Original Schematic Design Phase (SD) Services: $212,737.50 (Completed and paid in full) 2. Additional Schematic Design Phase (SD) Services: $34,312.50 3. Design Development Phase (DD) Services: $329,400.00 4. Construction Document Phase (CD) and Approval Services: $658,800.00 5. Bidding Phase Services: $82,350.00 6. Construction Administration and Closeout Services: $329,400.00 7. Detention Training and Transition Services: $82,500.00 8. Amendment #1 — Add Sheriff's Offices: $0 (original Amendment for $28,500.00 is no longer included in the scope of Work and hereby deducted from the services to be rendered) 9. Amendment #2 — Analyze Two New Sites: $32,750.00 (Completed and paid in full) 10. Amendment #3 — Update Jail Bed Need Projections: $6,650.00 (Completed and invoicing in June monthly billing) Except as to provisions of this proposal, all terms and conditions of the Agreement between Owner and Architect remain in full force and effect. If this Additional Services Proposal is acceptable, please indicate your acceptance of, and agreement to its terms and your authorization to proceed by signing below and returning one fully executed original for our files. Thank you for this opportunity to be of service Orange County. Should you have any questions, please do not hesitate to call me. i6k Daniel R. Mace, AIA, LEED AP 550352 Accepted and Agreed: ORANGE COUNTY, NORTH CAROLINA By: Printed Name and Title: Date: DocuSign Envelope ID: 48ED1D41- DA40- 49D1- A586- 23C127C567EF COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury ", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "Your work" and included within the "products- completed operations hazard ". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non - contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance ". But this insur- ance still is excess over valid and collectible other d. This insurance does not apply on any basis to any person or organization for which cover- C age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services ". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON - DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 C 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: 48ED1D41- DA40- 49D1- A586- 23C127C567EF COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and " "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 C 2007 The Travelers Companies, Inc. CG D3 $1 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. DocuSign Envelope ID: 48ED1D41- DA40- 49D1- A586- 23C127C567EF ASR °� CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 7/23/2018 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Sandy Krevonlck McGrifff Insurance Services PHONE FAX 2108 W. Laburnum Ave Suite 300 (A/C. No Ext: 804- 678 -5026 A/C No): 888-751-3010 ADDRESS: skrevonick@bbandt.com PO Box 17370 INSURER(S) AFFORDING COVERAGE NAIC # Richmond VA 23227 INSURER A: Travelers Indemnity Company 25658 INSURED 35MOSELARC INSURER B: Travelers Property Casualty Co of Amer 25674 Moseley Architects PC DAMAGE TO RENTED PREMISES Ea occurrence 11430 North Community House Road, Suite 225 INSURER C: Travelers Casualty & Surety Company 19038 INSURER D: XL Specialty Insurance Company 37885 Charlotte, NC 28277 -1502 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 838833858 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICYNUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DD/YYYY LIMITS B X COMMERCIAL GENERAL LIABILITY 680OJ6764141847 5/6/2018 5/6/2019 EACH OCCURRENCE $1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑X PRO- JECT LOC PRODUCTS - COMP /OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY BA1613L67318GRP 5/6/2018 5/6/2019 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB X OCCUR CUP6687Y2041847 5/6/2018 5/6/2019 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN UB4K8246221847E 5/1/2018 5/1/2019 X PER OTH- STATUTE ER ANYPROPRIETOR /PARTNER /EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Professional DPR9919305 12/1/2017 12/1/2018 Per Claim $4,000,000 Liability Aggregate $6,000,000 Deductible $200,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Umbrella Liability does not extend over Professional Liability Additional Named Insureds: Moseley Architects PC Moseley Scott's Addition LLC Moseley Architects of Maryland Inc. Moseley Architects North Carolina PC Moseley Acrhitects of Virginia LLC See Attached... CERTIFICATE HOLDER CANCELLATION ©1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Orange County PO Box 8181 AUTHORIZED REPRESENTATIVE Hillsborough NC 27278 -2505 ©1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 48ED1D41- DA40- 49D1- A586- 23C127C5B7EF R � AGENCY McGrifff Insurance Services POLICY NUMBER CARRIER 4DDITIONAL REMARKS AGENCY CUSTOMER ID: 35MOSELARC LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 NAMED INSURED Moseley Architects PC 11430 North Community House Road, Suite 225 Charlotte, NC 28277 -1502 NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Moseley Architects of Americas LLC BeeryRio Moseley Architects Moseley Architects of South Carolina P.0 RE: Contract No. 550352, Orange County New Detention Center Orange County, its officers, official agents and employees are included as Additional Insured with respect to General Liability Coverage per Endorsement CGD381 09/07. 30 days' Notice of Cancellation other than nonpayment of premium will be sent to Orange County. Waiver of Subrogation is included with respect to Worker's Compensation Coverage. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD