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HomeMy WebLinkAbout2018-563-E Planning - McAdams contract amendment082818 jcb NORTH CAROLINA ORANGE COUNTYCONTRACT AMENDMENT#2 THISCONTRACTAMENDMENT("Amendment")ismadeandentered intothis10thdayofSeptember 2018byandbetweenORANGECOUNTY (hereinafterreferredtoas"County")andThe John R. McAdams Company, Inc., (hereinafterreferredtoas"Provider"). WITNESSETH: THATWHEREAS,theCounty andProviderenteredintoacontractdated May 2, 2017 (internally designated as Sand 2017-161-Eand otherwise titled as HBO EDD, Ph. 1 W&S), fortheprovisionof engineering design through bid servicestotheCounty(hereinafterthe"OriginalAgreement");and WHEREAS,theCounty andProviderenteredintoaContract Amendment datedJune 1,2018 (internally designated as and 2018-200-Eand otherwise titled as Contract Amendment #1), fortheprovisionof additional geotechnical investigation servicestotheCounty(hereinafter referred to as “Amendment #1); and WHEREAS,theCountyandProviderdesiretomodifytheOriginalAgreement whilekeepingineffectalltermsandconditionsoftheOriginalAgreementnot inconsistentwiththetermsandconditionssetforthbelow. NOWTHEREFORE,for andinconsiderationfor themutualcovenantsand agreementsmadeintheOriginalAgreementandherein,thepartiesagreeto amendtheOriginalAgreementasfollows: 1.The Scope of Work and Basic Services shall be expanded to include all of “Additional Cost Opinion for Updated Construction Drawings”as described in Attachment C. 2.The work included in Attachment Cshall have a milestone date of September 24, 2018 and will include delivery to the County of acomplete andacceptableupdated cost opinion reflecting the current bidding environment and known existing rock conditions. 3.The additional work shall not alter the existing milestone dates or compensation for tasks listed in the Original Agreement. (For example, Task 3 Site Survey & Assessment still has a milestone date of 1.0 month following completion of Task 1 and shall still be compensated at 1/8th of $189,770.) DocuSign Envelope ID: 8135153B-BEF8-4B98-B340-8C3E04319A63 082818 jcb 4.The compensation for the additional work included in this amendment shall beSix ThousandTwo Hundred Dollars ($6,200). This amount maybe invoiced and payable upon the successful completion and delivery of an acceptable, complete and industry-vetted updated cost opinion. 5.The Original Agreement’s maximum amount payable for Basic Services compensation in Section 5(a) shall be revised accordingly from Two Hundred Eight Thousand, Three Hundred and Twenty Dollars ($208,320), as previously revised via Amendment #1, to TWO HUNDRED FOURTEEN THOUSAND, FIVE HUNDRED AND TWENTY DOLLARS($214,520). 6.The Original Agreement’s termination date in Section 4(a) shall be revised to March29, 2019. 7.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. INTESTIMONYWHEREOF,thisAmendmenthasbeenexecutedbytheparties hereto,asof thedatefirstabovewritten. ORANGE COUNTY: PROVIDER: ______________________________ _____________________________ Bonnie Hammersley, County ManagerGreg Sallee,Chief Operating Officer DocuSign Envelope ID: 8135153B-BEF8-4B98-B340-8C3E04319A63 Attachment A August 8, 2018 Mr. Christopher Sandt, PE Orange County Planning and Inspections Department 131 W. Margaret Lane P.O. Box 8181 Hillsborough, North Carolina 27278 Re: Proposal for: Additional Cost Opinion for Updated Construction Drawings Hillsborough Area EDD Ph 1 Water & Sewer Extensions ORA-17000 Dear Mr. Sandt: In response to our discussions regarding the need for an additional updated cost opinion for the Hillsborough Area Economic Development District – Phase 1 Water and Sewer Extensions project, McAdams Company offers this proposal for additional professional services. PROPOSED SERVICES AND FEES McAdams’ sub-consultant, Bree & Associates, Inc. will perform this work under contract with McAdams and per the attached proposal. The table below summarizes the fees for this effort: FEE BREAKDOWN Task Lump Sum Fee Updated Cost Opinion (per attached proposal) $5,625 Subconsultant Management $575 Total $6,200 SCHEDULE The Firm’s services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the project. In order to meet the overall project schedule, Orange County and the Town of Hillsborough must provide timely responses as indicated in the following schedule outline. The following is the expected schedule for completion of work on these additional items: OWNER’S RESPONSIBILITIES Owner shall be responsible for the following: Attachment C "Additional Cost Opinion for Updated Construction Drawings" DocuSign Envelope ID: 8135153B-BEF8-4B98-B340-8C3E04319A63 Mr. Christopher Sandt, PE Orange County Planning and Inspections Department August 8, 2018 Page 2 of 2 ORA-17000 -Notification to proceed -Timely review and approval of reports CONCLUSION We are eager to launch forward on these additional services in an effective and efficient manner to make this project a success for Orange County and the Town of Hillsborough. We appreciate and thank you once again for this opportunity to propose our services to Orange County. Sincerely, THE JOHN R. McADAMS COMPANY, INC. Michael Sanchez, PE Principal Engineer DocuSign Envelope ID: 8135153B-BEF8-4B98-B340-8C3E04319A63 ADDRESS: 3434 Edwards Mill Road, #112-344, Raleigh, NC 27612 | EMAIL: bree@breeassociates.com PHONE: (919) 469-3330 | FAX: (919) 469-3370 | WEBSITE: www.breeassociates.com August 8, 2018 Michael Sanchez Principal Engineer, Water/Wastewater McAdams Company 2905 Meridian Parkway Durham, NC 27713 Re: Hillsborough Economic Development District - Phase 1 Water & Sewer Extensions (Revision 3) Dear Mr. Sanchez: Attached is our fee proposal to provide additional services in the form of the requested revisions to the cost estimate. We are providing these services directly to McAdams Company on behalf of the Orange County Planning and Inspection Department. BREE & Associates, Inc. (BREE) appreciates this opportunity to be of service to Orange County. Should you have any questions regarding this proposal, contact Lynette Royster at (919) 806-2255. You can reach out to my office by phone, (919) 469-3330 or email, bree@breeassociates.com. Respectfully submitted, Robert Lancaster, P.E., LEED AP President DocuSign Envelope ID: 8135153B-BEF8-4B98-B340-8C3E04319A63 ADDRESS: 3434 Edwards Mill Road, #112-344, Raleigh, NC 27612 | EMAIL: bree@breeassociates.com PHONE: (919) 469-3330 | FAX: (919) 469-3370 | WEBSITE: www.breeassociates.com RE: Hillsborough Economic Development District - Phase 1 Water & Sewer Extensions SCOPE OF SERVICES BREE has provided an opinion of probable cost for Phase 1 Water and Sewer Extensions for Hillsborough Economic Development District. The proposed system consisted of 3800 LF of 12 inch gravity sewer and 7900 LF of 8 inch waterline. The original Lump Sum fee proposal was $6250. COMPENSATION FOR ADDITIONAL WORK BREE will prepare an update to the construction estimate for the Orange County/Hillsborough Area EDD Phase 1 Water and Sewer Extensions project based upon the following list of significant changes: x I-40 crossing moved west approximately 90 feet x Aerial sewer crossing of the creek along the service road x Reduced depth of bury for sewer along part of the alignment north of I-40, I-40 crossing, and portion of sewer along the service road eastward from the I-40 crossing x Additional valving and blow-offs on water line near Sta 74+50 x Addition of Bid Alternates as described in May 1, 2018 email from Christopher Sandt, P.E., and latest revised construction drawings sealed June 12, 2018. x Additional length of directional drilling of water line near Sta 52+00 x Only 2 road bores for sewer (I-40 crossing and Alternate 4-Old 86 crossing) In addition, BREE will address comments submitted by Kenny Keel, P.E., in an email addressed to Eric Phoenix on May 24, 2018. BREE will provide the updated cost estimate to McAdams within 10 business days of acceptance of this proposal. Finally, once all permits are obtained, BREE will provide one final update to the cost opinion for any construction drawing edits that may have ensued in response to review. BREE will provide the additional services noted above for an additional lump sum fee of $5,625.00. NOTICE TO PROCEED Michael Sanchez Date McAdams Company August 8, 2018 Robert Lancaster, Jr., PE, LEED AP, President Date BREE & Associates, Inc. DocuSign Envelope ID: 8135153B-BEF8-4B98-B340-8C3E04319A63 TheACORDnameandlogoareregisteredmarksofACORD CERTIFICATE HOLDER ©1988-2014ACORDCORPORATION.Allrightsreserved. ACORD25(2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES(Eaoccurrence)$DAMAGE TO RENTED EACHOCCURRENCE$ MEDEXP(Anyoneperson)$ PERSONAL&ADVINJURY$ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACHOCCURRENCE$UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L.EACHACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE Ifyes,describeunder DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALLOWNEDSCHEDULED HIRED AUTOS NON-OWNED AUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILYINJURY(Perperson) BODILYINJURY(Peraccident) PROPERTY DAMAGE $ $ $ $ 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. INSD ADDL WVD SUBR N / A $ $ (Eaaccident) (Peraccident) OTHER: 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). COVERAGESCERTIFICATENUMBER:REVISIONNUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC# INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDINGCOVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) 1/31/2018 Insurance Management Consultants, Inc. P.O. Box 2490 DavidsonNC28036 Cayla Nugent (704)799-1600 (704)799-2955 cayla@imcipls.com The John R. McAdams Company, Inc. P.O. Box 14005 Research TriangleNC27709 RLI Insurance Company13056 2/5/18 Renewal A Professional Liability RDP00315122/5/20182/5/2019 Per Claim $2,000,000 Aggregate $4,000,000 Jeff Todd/NF Orange County Planning and Inspections Department P.O. Box 8181 131 W. Margaret Lane Hillsborough, NC 27278 hfleming@orangecountync.go DocuSign Envelope ID: 8135153B-BEF8-4B98-B340-8C3E04319A63 TheACORDnameandlogoareregisteredmarksofACORD CERTIFICATE HOLDER ©1988-2014ACORDCORPORATION.Allrightsreserved. ACORD25(2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES(Eaoccurrence)$DAMAGE TO RENTED EACHOCCURRENCE$ MEDEXP(Anyoneperson)$ PERSONAL&ADVINJURY$ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACHOCCURRENCE$UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L.EACHACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE Ifyes,describeunder DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALLOWNEDSCHEDULED HIRED AUTOS NON-OWNED AUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILYINJURY(Perperson) BODILYINJURY(Peraccident) PROPERTY DAMAGE $ $ $ $ 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. INSD ADDL WVD SUBR N / A $ $ (Eaaccident) (Peraccident) OTHER: 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). COVERAGESCERTIFICATENUMBER:REVISIONNUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC# INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDINGCOVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) 2/21/2018 JJ Wade & Associates P.O. Box 1209 212 S Main St. Davidson, NC 28036 Harriet Thomas (704)892-9297 (704)896-0485 hthomas@jjwadeinsurance.com The John R. McAdams Company, Inc. PO Box 14005 Research Triangle Park, NC 27709 National Fire Insurance of Hartford20478 Continental Casualty Company20443 Valley Forge Insurance Company20508 2017-2018 A X X X Contractual Liability X No XCU Exclusion X X 604543900112/31/201712/31/2018 1,000,000 100,000 15,000 1,000,000 2,000,000 2,000,000 A X XX 6045439029 12/31/201712/31/2018 1,000,000 B XX X 6045439063 12/31/2017 12/31/2018 5,000,000 5,000,000 C N 6045439046 12/31/2017 12/31/2018 X 1,000,000 1,000,000 1,000,000 Certificate Holder is included as an Additional Insured with respects to General Liability and Umbrella Liability as required by written contract. J.J. Wade, III/AH Orange County Planning and Inspections Department PO Box 8181 131 W. Margaret Lane Hillsborough, NC 27278 hfleming@orangecountync.go DocuSign Envelope ID: 8135153B-BEF8-4B98-B340-8C3E04319A63