Loading...
HomeMy WebLinkAbout2018-795-E Planning - McGill Efland Sewer Project contract amendment 2NORTH CAROLINA ORANGE COUNTY CONTRACT AMENDMENT #2 THIS CONTRACT AMENDMENT ("Amendment") is made and entered into this 10th day of December 2018 by and between ORANGE COUNTY (hereinafter referred to as "County") and McGill Associates, (hereinafter referred to as "Provider"). WITNESSETH: THAT WHEREAS, the County and Provider entered into a contract dated June 20, 2017 (internally designated as 2017-305-E) for the provision of services to the County (hereinafter the "Original Agreement"); and WHEREAS, the County and Provider subsequently modified the Original Agreement per Amendment 1, dated July 21, 2017 (internally designated as 2017-356-E), to add a “task 14” regarding an easement (Amendment #1); and, WHEREAS, the County and Provider desire to further modify the Original Agreement as amended 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 for the mutual covenants and agreements made in the Original Agreement and herein, the parties agree to further amend the Original Agreement as follows: A. Section 3(a)(ii) be replaced entirely with following: Task Milestone 1. (1a) Pre-Construction Meeting ($2,114.00) 30 days of Notice of Award 2. (1b) Pipe Submittals ($8,044.25) 60 days from start of construction 3. (1c) Pump Station Submittals ($8,044.25) 60 days from start of construction 4. (1d) Progress Meetings ($9,124.00) Quarterly 5. (1e) 18 Month Construction Administration ($43,343.50) Monthly 6. (1f) Project Closeout ($9,121.50) Within 60 days of Notice of Completion 7. (1g) 16 Months Field Observation ($134,250.00) Monthly 8. (1h) Field Observation - Buffer Planting ($6,887.50) Monthly 9. (1i) Record Drawings ($22,057.00) Within 30 days of receipt of contractor’s as-built markups 10. (2a) Earthwork Soils Observations and Testing ($10,430.00) As needed 11. (4) Easement Surveying ($2,800.00) 2 weeks from notice B. Except for the changes made herein, the Original Agreement shall remain in full force and effect to the extent it is not inconsistent with this Amendment. DocuSign Envelope ID: D413A6FD-3C88-4C78-BEEC-313DACA874A0 ϭϭϯϬϭϴϭϭϭ IN TESTIMONY WHEREOF, this Amendment #2 has been executed by the parties hereto, as of the date first above written. ORANGE COUNTY: PROVIDER: Bonnie Hammersley, County Manager Bill Roark, Cary Office Manager DocuSign Envelope ID: D413A6FD-3C88-4C78-BEEC-313DACA874A0 INSRADDLSUBRLTRINSRWVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFFPOLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGENAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE$ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADEOCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY$ GENERAL AGGREGATE$GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG$ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNEDSCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE$ CLAIMS-MADE AGGREGATE$ DEDRETENTION$$ PEROTH-STATUTEER E.L. EACH ACCIDENT$ E.L. DISEASE - EA EMPLOYEE$ If yes, describe under E.L. DISEASE - POLICY LIMIT$DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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 any rights to the certificate holder in lieu of such endorsement(s). COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDERCANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Pennsylvania National Mutual Cas Ins Co 1/22/2018 BB&T Insurance Services, Inc. 301 College St., Ste. 208 Asheville, NC 28801 828 277-3930 Ben Culp 828 277-39248888279875 bculp@bbandt.com McGill Associates PA P.O. Box 2259 Asheville, NC 28802 14990 AX X x xBP9065291501/23/201801/23/20191,000,000 50,000 5,000 1,000,000 2,000,000 2,000,000 A X XX xAX9065291501/23/201801/23/20191,000,000 A XX X10000 x UL9065191501/23/201801/23/20195,000,000 5,000,000 Orange County is named as Additional Insured with respects all policies listed above with the exception of Worker's Comp when required by written agreement with the insured. We will provide 30 days prior written notice of any cancellation, non-renewal or reduction of coverage except in the event of nonpayment of premium which is 10 days notice. Orange County c/o Planning & Inspections P.O. Box 8181 Hillsborough, NC 27278-0000 1of 1#S19396654/M19395232 30MCGILASSClient#: 1170972 BDCU1of 1#S19396654/M19395232 DocuSign Envelope ID: D413A6FD-3C88-4C78-BEEC-313DACA874A0 INSRADDLSUBRLTRINSRWVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFFPOLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGENAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? EACH OCCURRENCE$ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADEOCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY$ GENERAL AGGREGATE$GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG$ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OWNEDSCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS AUTOS ONLYHIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE$ CLAIMS-MADE AGGREGATE$ DEDRETENTION$$ PEROTH-STATUTEER E.L. EACH ACCIDENT$ E.L. DISEASE - EA EMPLOYEE$ If yes, describe under E.L. DISEASE - POLICY LIMIT$DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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 any rights to the certificate holder in lieu of such endorsement(s). COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDERCANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE Farmington Casualty Company XL Specialty Insurance Company 12/03/2018 McGriff Insurance Services 3318 West Friendly Ave., Ste. 400 Greensboro, NC 27410 Cyndy Cagle 336 547-21378888318409 ccagle@McGriffInsurance.com McGill Associates PA 55 Broad Street Asheville, NC 28801 41483 37885 A N XUB9J7747621847E01/23/201801/23/2019X 1,000,000 1,000,000 1,000,000 BProfessional Liability DPR992145601/23/201801/23/2019$3,000,000 Per Claim $3,000,000 Aggregate Orange County Planning and Inspections Dept. 131 W. Margaret Lane P.O. Box 8181 Hillsborough, NC 27278 1of 1#S22455537/M19404895 80MCGILASSClient#: 829322 CC11of 1#S22455537/M19404895 DocuSign Envelope ID: D413A6FD-3C88-4C78-BEEC-313DACA874A0