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HomeMy WebLinkAbout2019-880-E Planning - McGill Efland Sewer Project amendment 3NORTH CAROLINA ORANGE COUNTY CONTRACT AMENDMENT #3 THIS CONTRACT AMENDMENT ("Amendment") is made and entered into this 22nd day of November 2019 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, subsequently modified per Amendment 2, dated December 10, 2018 (internally designated as 2018-795-E) regarding fee allocation adjustments; 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 last modified by Contract Amendment 2, as follows: A. Section 3(a)(i) shall be replaced entirely with the following: “The Provider shall perform as Basic Services the work and services described herein and as specified in the County’s Request for Proposals or Request for Qualifications (the “RFP”) “RFP Number 367-522 for “Request for Qualifications-Engineering Services Efland Sewer to Mebane Phase 2 Extension” issued August11, 2016, and the Provider’s proposal, which are fully incorporated and integrated herein by reference together with Attachments , Attachment A - Fee Schedule, Attachment B - Scope of Services, and Attachment D - Additional Scope of Services. In the event a term or condition in any document or attachment conflicts with a term or condition of this Agreement the term or condition in this Agreement shall control. Should such conflict arise the priority of documents shall be as follows: This Agreement, the County’s RFP together with attachments, Provider’s Proposal together with attachments.” DocuSign Envelope ID: 37EE50E3-576A-4C14-9893-9B716EF69E2E B. Section 3(a)(ii) shall 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) Construction Administration ($44,759.75) Monthly 6. (1f) Project Closeout ($9,121.50) Within 60 days of Notice of Completion 7. (1g) 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 ($9,013.75) As needed 11. (4) Easement Surveying ($2,800.00) 2 weeks from notice 12. (5) Force Main Abandonment ($11,260.70) Monthly C. Section 4(a) term to be revised to end on March 31, 2019. D. The maximum compensation for Basic Services in Section 5(a) be revised accordingly from “TWO HUNDRED FIFTY-SIX THOUSAND, TWO HUNDRED AND SIXTEEN Dollars ($256,216.00)”, as amended by Contract Amendment 2, to “TWO HUNDRED SIXTY-SEVEN THOUSAND, FOUR HUNDRED SEVENTY-SIX AND 70/100 DOLLARS ($267,476.70)”. E. 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 #3 has been executed by the parties hereto, as of the date first above written. ORANGE COUNTY: PROVIDER: Bonnie Hammersley, County Manager Bill Roark, Raleigh Office Manager DocuSign Envelope ID: 37EE50E3-576A-4C14-9893-9B716EF69E2E Shaping Communities Together ATTACHMENT D ADDITIONAL SCOPE OF SERVICES CONSTRUCTION ENGINEERING AND INSPECTION (CEI) SERVICES Orange County Efland Sewer to Mebane, Phase 2 Extension Task 5 – CEI Services associated with CPR-21: Flush & Cap Existing Force Main The following is a list of anticipated services to be provided by McGill Associates, PA (McGill) to Orange County (County) to assist with the flushing and abandonment with the intent to repurpose the existing 10” Force Main as fiber-optic conduit from just west of Forrest Ave. in Efland to the Town of Hillsborough discharge manhole. a. Evaluate Alternatives to flush and cap existing force main and permanently remove it from service b. Prepare a protocol (Protocol) for abandonment and assist County in securing pricing from Contractor. c. Provide construction administration and field observation for Contractor’s work. i. Administer the construction contract for conformance with the requirements set forth in the Protocol. ii. Schedule and conduct initial site visit and pre-abandonment conference with Owner and Contractor. iii. Process submittals, shop drawings, change orders, and field any requests for information (RFI). Coordinate responses between the County and the Contractor. iv. Perform site visits as necessary to observe abandonment progress. v. Review applications for payment from the Contractor and make recommendations to County staff. vi. Observe flushing and cleaning operations including review of video to determine acceptable cleaning has been achieved. vii. Prepare as-built record drawings of abandonment tap locations and other pertinent information based on Contractor markups and shown on existing pdf drawing files. viii. Verify final abandonment and complete project closeout. DocuSign Envelope ID: 37EE50E3-576A-4C14-9893-9B716EF69E2E Shaping Communities Together Compensation: The above services will be provided in accordance with the fee schedule governing McGill’s current contract with Orange County. The hours and related fees are generally as follows: Staff Type Rate Hours Total Sr. Project Manager II $195.50 10 $1,955.00 Engineer Technician II $103.50 8 $828.00 Construction Field Representative III $97.75 80 $7,820.00 Administrative Assistant $80.50 1 $80.50 Mileage and Expenses $577.20 Total $11,260.70 DocuSign Envelope ID: 37EE50E3-576A-4C14-9893-9B716EF69E2E INSR ADDLSUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY 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 COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR 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 OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ PER OTH- STATUTE ER 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). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 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 Penn National Security Insurance Co 04/24/2019 McGriff Insurance Services 301 College St., Ste. 208 Asheville, NC 28801 828 277-3930 Ben Culp 828 277-3924 8888279875 bculp@mcgriffinsurance.com McGill Associates PA P.O. Box 2259 Asheville, NC 28802 14990 32441 AX X x x x BP90652915 04/23/2019 04/23/2020 1,000,000 50,000 5,000 1,000,000 2,000,000 2,000,000 B X XX x x AX90652915 04/23/2019 04/23/2020 1,000,000 A XX X 10000 xxUL90652915 04/23/2019 04/23/2020 5,000,000 5,000,000 Orange County, NC 131 W. Margaret Lane, Suite 301 PO Box 8181 Hillsborough, NC 27278-0000 1 of 1 #S23412744/M23412562 30MCGILASSClient#: 1170972 BDCU 1 of 1 #S23412744/M23412562 DocuSign Envelope ID: 37EE50E3-576A-4C14-9893-9B716EF69E2E INSR ADDLSUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY 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 COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR 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 OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ PER OTH- STATUTE ER 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). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 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 01/25/2019 McGriff Insurance Services 3318 West Friendly Ave., Ste. 400 Greensboro, NC 27410 Cyndy Cagle 336 547-2137 8888318409 ccagle@mcgriffinsurance.com McGill Associates PA 55 Broad Street Asheville, NC 28801 41483 37885 A N X UB9J7747621947E 01/23/2019 01/23/2020 X 1,000,000 1,000,000 1,000,000 B Professional Liability DPR9937483 01/23/2019 01/23/2020 $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 1 of 1 #S22825471/M22825358 80MCGILASSClient#: 829322 CC1 1 of 1 #S22825471/M22825358 DocuSign Envelope ID: 37EE50E3-576A-4C14-9893-9B716EF69E2E