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HomeMy WebLinkAbout2019-378-E Planning - John R McAdams contract amendment 5062519 jcb NORTH CAROLINA ORANGE COUNTY CONTRACT AMENDMENT #5 THIS CONTRACT AMENDMENT ("Amendment") is made and entered into this 30th day of June 2019 by and between ORANGE COUNTY (hereinafter referred to as "County") and The John R. McAdams Company, Inc., (hereinafter referred to as "Provider"). WITNESSETH: THAT WHEREAS, the County and Provider entered into a contract dated May 2, 2017 (internally designated as 2017-161-E and otherwise titled as HBO EDD, Ph. 1 W&S), for the provision of engineering design through bid services to the County (hereinafter the "Original Agreement"); and WHEREAS, the County and Provider entered into a Contract Amendment dated June 1,2018 (internally designated as 2018-200-E and otherwise titled as Contract Amendment #1), for the provision of additional geotechnical investigation services to the County (hereinafter referred to as “Amendment #1); and WHEREAS, the County and Provider entered into a Contract Amendment dated September 10, 2018 (internally designated as 2018-563-E and otherwise titled as Contract Amendment #2), for the provision of “Additional Cost Opinion for Updated Construction Drawings” to the County (hereinafter referred to as “Amendment #2); and WHEREAS, the County and Provider entered into a Contract Amendment dated March 29, 2019 (internally designated as 2019-196-E and otherwise titled as Contract Amendment #3), for the provision of “Extension of Termination Date for Current Professional Services Agreement” to the County (hereinafter referred to as “Amendment #3); and WHEREAS, the County and Provider entered into a Contract Amendment dated May 22, 2019 (internally designated as 2019-290-E and otherwise titled as Contract Amendment #4), for the provision of “Bid Re-Advertisement” to the County (hereinafter referred to as “Amendment #4); and WHEREAS, the County and Provider desire to modify 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 for the mutual covenants and agreements made in the Original Agreement and herein, the parties agree to amend the Original Agreement as follows: DocuSign Envelope ID: 605E733B-3A45-42FC-A1BF-1044C7333C7F 062519 jcb 1. The Original Agreement’s termination date in Section 4(a) shall be revised to December 31, 2019. 2. Section 5. Compensation shall be amended so that the final payment associated with Task 8 shall be made in two installments. The first installment shall be for twenty two thousand seven hundred twenty one and 25/100 dollars ($22,721.25) and the second installment shall be for one thousand dollars ($1,000.00). The first installment shall be made upon execution of this amendment in recognition of the work completed associated with the bidding process as identified in the RFQ as Detailed Scope Outline items 8(a) through 8(e). The second installment shall be the final payment of this agreement and be made at the completion of the work associated with the contract award as identified in the RFQ as item 8(f) and which shall have a milestone date of one (1) month from a notice to proceed by the County. 3. 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 TESTIMONY WHEREOF, this Amendment has been executed by the parties hereto, as of the date first above written. ORANGE COUNTY: PROVIDER: ______________________________ _____________________________ Bonnie Hammersley, County Manager Fred V. Boone, Director Construction Administration DocuSign Envelope ID: 605E733B-3A45-42FC-A1BF-1044C7333C7F 3/25/2019 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 Hartford 20478 Continental Casualty Company 20443 Valley Forge Insurance Co.20508 2018-2019 A X X X Contractual Liability X No XCU Exclusion X X 6045439001 12/31/2018 12/31/2019 1,000,000 300,000 15,000 1,000,000 2,000,000 2,000,000 A X X X 6045439029 12/31/2018 12/31/2019 1,000,000 B X X X 10,000 X 6045439063 12/31/2018 12/31/2019 5,000,000 5,000,000 C N 6045439046 12/31/2018 12/31/2019 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. Orange County Planning and Inspections Department PO Box 8181 131 W. Margaret Lane Hillsborough, NC 27278 CSandt@orangecountync.gov J.J. Wade, III/AH The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (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 (Ea occurrence) $DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ 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 PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) 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 $ $ (Ea accident) (Per accident) 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). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACT NAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE 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) DocuSign Envelope ID: 605E733B-3A45-42FC-A1BF-1044C7333C7F 03/26/2019 Insurance Management Consultants, Inc. P.O. Box 2490 Davidson NC 28036 (704) 799-1600 (704) 799-2955 cert@imcipls.com The John R. McAdams Company, Inc. P.O. Box 14005 Research Triangle Park NC 27709 RLI Insurance Company 13056 Feb 5, 2019 Renewal A Professional Liability RDP0035186 02/05/2019 02/05/2020 Per Claim $2,000,000 Aggregate $4,000,000 Orange County Planning and Inspections Department P.O. Box 8181 131 W. Margaret Lane Hillsborough NC 27278 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY DocuSign Envelope ID: 605E733B-3A45-42FC-A1BF-1044C7333C7F