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HomeMy WebLinkAbout2021-637-E-AMS-Dude Solutions-Facility Condition Assessment Condition Study and Software to include Solid Waste and Park facilities DocuSign Envelope ID: B6D35DB5-OB41-46CD-95BD-776CC3B7F4F8 NORTH CAROLINA CONTRACT AMENDMENT ORANGE COUNTY THIS CONTRACT AMENDMENT ("Amendment") is made and entered into this 21 st day of October, 2021 by and between ORANGE COUNTY(hereinafter referred to as"County") and Dude Solutions,Inc. (hereinafter referred to as "Provider"). WITNESSETH: THAT WHEREAS, the County and Provider entered into a contract dated August 31, 2021, (hereinafter the "Original Agreement"), for the provision of services for Facility Condition Assessment Study; 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 June 30,2022. 2. Exhibit A to the Original Agreement is amended by adding the following tasks and services to the Services to be provided by the Consultant: Increase the total amount of square footage to contract that include park's buildings and Solid Waste facilities per proposal Q-264914 dated October 18,2021 3. Article 5 Compensation, Section A is amended to reflect a maximum payable not-to-exceed amount of One Hundred Thirty-Two Thousand, Six Hundred Eighty Dollars ($132,680.00). 4. 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 there is a conflict between the terms of the Original Agreement and the terms of 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 PROVIDER ' 11/2/2021 I I 10/28/2021 ��Sd kMAL f�awwu'Iu� CF�Wln.nfiChNLYtl^ Bonnie Hammersley Kevin Kemmerer County Manager CEO •°•° 1o/za/zozl By:L Approved by DSI Legal Revised 06/21 DocuSign Envelope ID: B6D35DB5-OB41-46CD-95BD-776CC3B7F4F8 ORANGE COUNTY—DEPARTMENT USE ONLY Party/Vendor Name: Dude Solutions, Inc. Party/Vendor Contact Person: Kasen Vasold (kasey.vasoldgdudesolutions.com) Evan Barker(evan.barkergdudesolutions.com) Contact Phone: 877.655.3833 Party/Vendor Address: 11000 Regency Parkway Suite 400 City Car State: NC Zip: 27518 Department: AMS Amount: Increase Original contract by$5316.00 for a total contract amount of $132,680.00 Purpose: Facility Condition Assessment Condition Study and Software to include Solid Waste and Park facilities Budget Code(s): 61370035-870000-30002 Vendor#61502 (N/A if new vendor) Vendor is a BOCC consultant? Yes ❑No® Contract Type: (Check one) New ❑ Renewal ❑ Amendment ® Effective Date 10/21/2021 Approved by Board Yes❑ No® Agenda Date: ---For Section XIV.c. contracts only,Approved by Board in Current FY Budget Yes®No[:] This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement: 10/28/2021 Department Director's Signature[ 4vudt Date: Agreements for emergency services or repair are not subject to the above affirmation. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency condition that was addressed: N/A Information Technologies (Applicable only to hardware/software purchases or related services)This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer Date: Risk Management This agreement is approved for sufficiency of insurance standards,specifications,and requirements: Office of the Risk Management Officer aE f,�ffo Date: lo/31/zort O g �,F�s„��a.. Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: lzV 11/1/2021 Office of the Chief Financial Officer a—. Date: Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney Cmf.kvyiw Date:11/2/2021 Clerk to the Board Received for record retention: All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board Date: Revised 06/21 DocuSign Envelope ID:B6D35DB5-OB41-46CD-95BD-776CC3B7F4F8 EXHIBIT A Dude Software for Smarter Operations Solutions PREPARED FOR Orange County Angel Barnes Capital Projects Manager 200 South Cameron St. Hillsborough, NC 27278 PREPARED BY Dude Solutions 11000 Regency Parkway, Suite 400 Cary, NC 27518 PUBLISHED ON October 18, 2021 dudesolutions.com 11000 Regency Pkwy#400 1 Cary,NC 27518 1 DocuSign Envelope ID:B6D35DB5-OB41-46CD-95BD-776CC3B7F4F8 Dude Software for Smarter Operations Solutions Q-264914 Pricing is based on ... Term:12 months(07/01/2020-06/30/2021) Implementation Facility Condition Assessment-Add'1 Square Footage for 45218.0 Square Feet 5,315.83 USD Subtotal: 5,315.83 USD Total Initial Investment 5,315.83 USD dudesolutions.com 11000 Regency Pkwy#400 / Cary,NC 27518 IM 2 DocuSign Envelope ID:B6D35DB5-OB41-46CD-95BD-776CC3B7F4F8 Dude Software for Smarter Operations Solutions dudesolutions.com 11000 Regency Pkwy#400 1 Cary,NC 27518 IM 3 DocuSign Envelope ID:B6D35DB5-OB41-46CD-95BD-776CC3B7F4F8 Dude Software for Smarter Operations Solutions Proposal terms • Proposal has been prepared for Orange County("Subscriber") • Proposal expires in sixty(60)days Order Form terms • This Order Form and its Services are governed by the terms of the Dude Solutions, Inc. Master Subscription Agreement found at https://www.dudesoluteons.com/terms (https://www.dudesolutions.com/terms)("Terms"), unless Subscriber has a separate written agreement executed by Dude Solutions, Inc.("DSI")for the Services, in which case the separate written agreement will govern.Acceptance is expressly limited to these Terms. Any additional or different terms proposed by Subscriber(including,without limitation,any terms contained in any Subscriber purchase order)are objected to and rejected and will be deemed a material alteration hereof. • The Effective Date of the Agreement between Subscriber and DSI is the date Subscriber accepts this Order Form. • During the Term, DSI shall,as part of Subscriber's Subscription Fees, provide telephone and email support("Support Services")during the hours of 8:00 AM and 6:00 PM EST, Monday through Friday, excluding New Year's Day, Memorial Day, Independence Day, Labor Day,Thanksgiving Day, day after Thanksgiving,Christmas Eve and Christmas Day("Business Hours"),except Community Development Services,where Business Hours means 5:00 AM-5:00 PM PST. • Acceptance of this Order Form on behalf of a company or legal entity represents that you have authority to bind such entity and its affiliates to the order,terms and conditions herein. If you do not have such authority,or you do not agree with the Terms set forth herein,you must not accept this Order Form and may not use the Service. Additional information • Prices shown above do not include any taxes that may apply.Any such taxes are the responsibility of Subscriber.This is not an invoice. For customers based in the United States,any applicable taxes will be determined based on the laws and regulations of the taxing authority(ies)governing the"Ship To" location provided by Subscriber.Tax exemption certifications can be sent to accountsreceivable(@dudesolutions.com (mailto:accountsreceivable(@dudesolutions.com). • Billing frequency other than annual is subject to additional processing fees. • Please reference Q-264914 on any applicable purchase order and email to accountsreceivable(@dudesolutions.com (mailto:accountsreceivablepdudesolutions.com) • Dude Solutions, Inc. maintains the necessary liability coverage for its products and professional services. Proof of insurance can be provided upon request. dudesolutions.com 11000 Regency Pkwy#400 / Cary,NC 27518 4 DocuSign Envelope ID:B6D35DB5-OB41-46CD-95BD-776CC3B7F4F8 Dude Software for Smarter Operations Solutions Signature Presented to: Q-264914 October 18, 2021, 8:16:13 AM Accepted by: Printed Name Signed Name Title Date dudesolutions.com 11000 Regency Pkwy#400 1 Cary,NC 27518 5 DocuSign Envelope ID: B6D35DB5-OB41-46CD-95BD-776CC3B7F4F8 DATE(MM/DD/YYYY) ,acoRo° CERTIFICATE OF LIABILITY INSURANCE 10/1/2021 11/9/2020 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 Lockton Insurance Brokers,LLC CONTACT NAME: CA License#OF15767 PHONE FAX Three Embarcadero Center,Suite 600 E MAILo Ext: A/C No San Francisco CA 94111 ADDRESS: (415)568-4000 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:The Continental Insurance Company 35289 INSURED Dude Solutions,Inc. INSURER B:American Casualty Company of Reading,PA 20427 1466680 11000 Regency Parkway,#400 INSURER C:Everest National Insurance Company 10120 Cary NC 27518 INSURER D: INSURER E: INSURER F: COVERAGES DUDS002 CERTIFICATE NUMBER: 16753286 REVISION NUMBER: XXXXXXX 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD/YYYY MM/DDIYYYY A X COMMERCIAL GENERAL LIABILITY N N 6078704688 10/1/2020 10/1/2021 EACH OCCURRENCE $ 1,000,000 A AGE To ENTED CLAIMS-MADE �OCCUR PREM MIS Ea occu ence $ I OOO OOO MED EXP(Any one person) $ 15,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY[X]JE� X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY N N 6078704674 10/1/2020 10/1/2021 Ea COMBINED I NeDtSINGLE LIMIT $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ XXXXXXX OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS XXXXXXX X HIRED X NON-OWNED PROPERTY DAMAGE $ XXX�CS�XX AUTOS ONLY AUTOS ONLY Per accident X Comp.$100/ oil. 1K $ XXXXxXX UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX EXCESS LIAB CLAIMS-MADE AGGREGATE $ XXXXXXX DED RETENTION$ $ XXXXXXX WORKERS COMPENSATION PER OTH- B AND EMPLOYERS'LIABILITY N 6078704691(CA) 11/9/2020 11/9/2021 X STATUTE ER B ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 6078704707(AOS) 11/9/2020 11/9/2021 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? FNI 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 C Professional Liab/Tech N N CYBP000223-201 10/2/2020 10/2/2021 $10M per claim/Agg E&O/Cyber DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION 16753286 Orange County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 200 South Cameron Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Hillsborough NC 27278 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPR E ATIVE wzt�� V(I- ©1988-2015 ACORD CORPORATI . All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: B6D35DB5-OB41-46CD-95BD-776CC3B7F4F8 DATE(MM/DD/YYYY) ,acoRo° CERTIFICATE OF LIABILITY INSURANCEF�� 11/9/2021 10/7/2021 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 Lockton Insurance Brokers,LLC CONTACT NAME: CA License#OF15767 PHONE FAX Three Embarcadero Center,Suite 600 E MAILo Ext: A/C No San Francisco CA 94111 ADDRESS: (415)568-4000 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:The Continental Insurance Company 35289 INSURED Dude Solutions,Inc. INSURER B:American Casualty Company of Reading,PA 20427 1466501 11000 Regency Parkway,#400 INSURER C:Everest National Insurance Company 10120 Cary NC 27518 INSURER D:Continental Casualty Company 20443 INSURER E: INSURER F: COVERAGES DUDS002 CERTIFICATE NUMBER: 17627694 REVISION NUMBER: XXXXXXX 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DDIYYYY MM/DDIYYYY A X COMMERCIAL GENERAL LIABILITY N N 6078704688 10/1/2021 10/1/2022 EACH OCCURRENCE $ 1,000,000 A AGE To ENTED CLAIMS-MADE �OCCUR PREM MIS Ea occu ence $ 1 0OO 0OO MED EXP(Any one person) $ 15,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY[X]JE� X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY N N 6078704674 10/1/2021 10/1/2022 Ea BI EDtSINGLE LIMIT $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ XXXXXXX OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS XXXXXXX X HIRED X NON-OWNED PROPERTY DAMAGE $ XXXXXXX AUTOS ONLY AUTOS ONLY Per accident X Comp.$100/ oil. 1K $ XXXXXXX A X UMBRELLA LIAB X OCCUR N N 6078704710 10/1/2021 10/1/2022 EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED RETENTION$ $ XXXXXXX WORKERS COMPENSATION PER OTH- B AND EMPLOYERS'LIABILITY N 6078704691(CA) 11/9/2020 11/9/2021 X STATUTE ER B ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 6078704707(AOS) 11/9/2020 11/9/2021 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? FNI 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 C Primary E&O/Cyber N N CYBP000223-201 10/2/2021 10/2/2022 $5M D Excess E&O/Cyber 652376492 10/2/2021 10/2/2022 $5M xs$5M DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Evidence of insurance only. CERTIFICATE HOLDER CANCELLATION See Attachment 17627694 Orange County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO BOX 8181 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Hillsborough NC 27278 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPR E ATIVE wzt�� V(I- ©1988-2015 ACORD CORPORATI . All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:B6D35DB5-OB41-46CD-95BD-776CC3B7F4F8 Attachment Code:D568356 Master ID: 1466501,Certificate ID: 17627694 LOCKTW To whom it may concern: In our continuing effort to provide timely certificate delivery, Lockton Companies is transitioning to paperless delivery of Certificates of Insurance. To ensure electronic delivery for future renewals of this certificate,we need your email address. Please contact us via one of the methods below, referencing Certificate ID 17627694. • Email: PacificeDelivery(alockton.com • Phone: (213) 689-2300 If you received this certificate through an internet link where the current certificate is viewable, we have your email and no further action is needed. In the event your mailing address has changed, will change in the future, or you no longer require this certificate,please let us know using one of the methods above. The above inbox is for automating electronic delivery of certificates only. Please do NOT send future certificate requests to this inbox. Thank you for your cooperation and willingness in reducing our environmental footprint. Lockton Insurance Brokers, LLC —Pacific Series Lockton Insurance Brokers,LLC License#OF15767 777 S Figueroa Street, 52nd Fl/Los Angeles, CA 90017-5524 213-689-0065 /FAX: 213-689-0550 lockton.com