Loading...
HomeMy WebLinkAbout2022-125-E-Planning-FSC-Fred Smith Company- Contract amdendment 1 to existing construction contract for the Lake Orange erosion control barrier replacement project-Addition of alternate 1Revised 06/21 NORTH CAROLINA CONTRACT AMENDMENT #1 ORANGE COUNTY THIS CONTRACT AMENDMENT (“Amendment”) is made and entered into this 25th day of March, 2022 by and between ORANGE COUNTY (hereinafter referred to as “County”) and FSC II, LLC (d.b.a. Fred Smith Company), (hereinafter referred to as “Provider”). WITNESSETH: THAT WHEREAS, the County and Provider entered into a contract dated January 18, 2022, with an internal designation of 2022-110 (hereinafter the “Original Agreement”), for the provision of services for Construction of the Lake Orange Erosion Control Barrier Replacement Project (BASE BID SCOPE ONLY); 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. The Scope of Work (Section 2, hereinafter called the “Work”) shall be expanded to include the ALTERNATE-1 scoping as defined within the Construction Drawings and Written Specifications prepared by the Designer, and as defined in the Lake Orange Erosion Control Barrier Replacement Bid Proposal from the Provider dated December 8, 2021. 2. Section 3b is amended to complete substantially all Work included by July 15, 2022. 3. Section 5a is amended to reflect a maximum payable not-to-exceed amount of $744,180.00. 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 ______________________________ __________________________________ Bonnie Hammersley Ty Johnson, Vice President – Contract Services County Manager FSC II, LLC (d.b.a. Fred Smith Company) DocuSign Envelope ID: 728B9CE0-812A-45E1-9198-7EEBE2CA7EF6 Revised 06/21 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: FSC II, LLC (d.b.a. Fred Smith Company) Party/Vendor Contact Person: Ty Johnson (Vice President – Contract Services) Contact Phone: 919-582-3516 Party/Vendor Address: 701 Corporate Center Drive, Suite 101 City Raleigh State: NC Zip: 27607 Department: Planning & Inspections Amount: $306,180.00 for Amendment #1 (total contract price is $744,180.00) Purpose: Contract Amendment #1 to Existing Construction Contract for the Lake Orange Erosion Control Barrier Replacement Project – ADDITION OF ALTERNATE-1 SCOPE Budget Code(s): #61370035-880000-10074 Vendor # 67488 (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date March 25, 2022 Approved by Board Yes No Agenda Date: January 18, 2022 for Original Contract and March 15, 2022 for Contract Amendment #1 --- 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: Department Director’s Signature ________________________________________ 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: 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___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ 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:_________ DocuSign Envelope ID: 728B9CE0-812A-45E1-9198-7EEBE2CA7EF6 3/24/2022 3/25/2022 3/28/2022 3/28/2022 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 rights to the certificate holder in lieu of such endorsement(s). SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. $ CERTIFICATE HOLDER © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE OTHER: LOCJECT PRO-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) INSR LTR 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 OWNED SCHEDULED HIRED NON-OWNED AUTOS ONLY AUTOS AUTOS ONLY AUTOS ONLY COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ $ INSD ADDL WVD SUBR N / A $ (Ea accident) (Per accident) The ACORD name and logo are registered marks of ACORD 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 $ $ $ $ $ KBZWMEWM 10/01/2022 Orange County P.O. Box 8181 Hillsborough, NC 27278 6,000,000 1,000,000 800-476-2211 Arch Insurance Company B 6,000,000 5,000,000 10690 10/01/202210/01/2021 10/01/202210/01/2021 1,000,000 100,000 12,000,000 11150 A mhawkins@mcgriff.com Allied World National Assurance Company ZAGLB9247600 03125099 Martha Lee Hawkins A A 12,000,000 5,000,000 McGriff Insurance Services, Inc. P.O. Box 10265 Birmingham, AL 35202 10,000 FSC II, LLC 701 Corporate Center Drive. Suite 101 Raleigh, NC 27607 01/06/2022 10/01/2021 ZAWCI9966600 10/01/2021 Herbicide/Pesticide Applicator Endt 1,000,000 10/01/2022 10,000 RE: Construction of the Lake Orange Erosion Control Barrier Replacement Project The Contractor shall name the Owner, the Designer, the Designer’s consultants, and the Construction Manager are included as Additional Insured under General Liability, Automobile Liability and Excess Liability as required by written contract. A Waiver of Subrogation applies in favor of Owner with respect to Workers' Compensation coverage as required by written contract. 6,000,000 ZACAT9276800 X X X X X X X X X Page 1 of 1 DocuSign Envelope ID: 728B9CE0-812A-45E1-9198-7EEBE2CA7EF6