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HomeMy WebLinkAbout2024-321-E-Planning Dept-Timmons Group- Completion of Task 4 (Construction As-Built Phase)Revised 01/24 NORTH CAROLINA CONTRACT AMENDMENT ORANGE COUNTY THIS CONTRACT AMENDMENT (“Amendment”) is made and entered into this 6th day of June, 2024 by and between ORANGE COUNTY (hereinafter referred to as “County”) and Timmons Group (hereinafter referred to as “Provider”). WITNESSETH: THAT WHEREAS, the County and Provider entered into a contract dated March 18, 2022 (with internal designation 2022-118, hereinafter the “Original Agreement”), for the provision of services for Gravelly Hill Middle School – Stormwater Wetland Conversion; and WHEREAS, the County and Provider entered into a contract amendment dated May 25, 2022 (with internal designation 2022-195, hereinafter “Amendment 1”), for the provision of services for Additional Services (Tasks 5, 6, and 7); 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 September 6, 2024. 2. 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 David Duncan, Manager (Stormwater Infrastructure) County Manager Timmons Group, Inc. DocuSign Envelope ID: 52B605E1-E2E6-4A35-B699-51D6B6BE051B Revised 01/24 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Timmons Group Vendor Contact Person: David Duncan Phone: 919-866-4515 Address: 5410 Trinity Road, Suite 102 City Raleigh State: NC Zip: 27607 Department: DEAPR Amount: $0 additional funds beyond previously contracted amounts Purpose: Completion of Task 4 (Construction As-Built Phase) Budget Code(s): 61370035-870000-20046 (Professional Services) Vendor # 58182 Vendor Status with NCSOS: Active Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: March 18, 2022) (Most Recent Amendment May 25, 2022) Effective Date June 6, 2024 End Date September 6, 2024 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by County Manager Signature Authority - BOCC Express Delegation (Agenda Date: ) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: ) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation 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. This agreement is approved as to technical form and content . Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Services under original contract and Amendment 1 have commenced and have been paid out, with the exception of Task 4 (Construction As-Built Phase). Original contract and Amendment 1 have since expired. As-Built Phase must be completed by the Vendor in order to close out the project. Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards, specification s, 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 All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orange countync.gov The following signature block is for hard copies only and is not required for Docusign contracts: DocuSign Envelope ID: 52B605E1-E2E6-4A35-B699-51D6B6BE051B 6/6/2024 6/10/2024 6/10/2024 6/10/2024 6/10/2024 Revised 01/24 Received for record retention: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: 52B605E1-E2E6-4A35-B699-51D6B6BE051B 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 11/7/2023 Marsh &McLennan Agency LLC 222 Central Park Avenue,Suite 1340 Virginia Beach VA 23462 Molly N.Helgeson 757-456-0577 757-456-5296 Molly.Helgeson@MarshMMA.com Continental Insurance Company 35289 TIMMOGROUP1 National Fire Insurance Co of Hartford 20478TimmonsGroup,Inc. 1001 Boulders Parkway,Suite 300 Richmond VA 23225 American Casualty Company of Reading PA 20427 Insurance Company of the State of PA 19429 Endurance American Specialty Ins Co 41718 Valley Forge Insurance Company 20508 241592112 B X 2,000,000 X 1,000,000 15,000 2,000,000 2,000,000 X 7034722646 11/1/2023 11/1/2024 2,000,000 B 1,000,000 X X X BUA7034721934 11/1/2023 11/1/2024 A X X 11,000,000CUE703472263211/1/2023 11/1/2024 11,000,000 X 10,000 C F X N WC736112291 7034728589 11/1/2023 11/1/2023 11/1/2024 11/1/2024 1,000,000 1,000,000 1,000,000 D E Defense Base Act Professional Liability (E&O)incl Contractors Pollution Endt 43093581 DPL30027039101 11/1/2023 11/1/2023 11/1/2024 11/1/2024 DBA EL Limits PL Ea Claim/Aggregate PL Retention $1M/$1M/$1M $5M/$5M $250,000 Umbrella does not extend over the Professional Liability policy. Orange County,its officers,agents and employees are to be designated as additional insured. Orange County 300 West Tyron Street PO Box 8181 Hillsborough NC 27278 DocuSign Envelope ID: 52B605E1-E2E6-4A35-B699-51D6B6BE051B