Agenda 7-a - Northern Campus Capital Project Progress Update

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DocuSign Envelope ID: 48ED1D41- DA40- 49D1- A586- 23C127C5137EF El! NORTH CAROLINA CONTRACT AMENDMENT ORANGE COUNTY THIS CONTRACT AMENDMENT ( "Amendment ") is made and entered into this 30th day of July, 2018 by and between ORANGE COUNTY (hereinafter referred to as "County ") and Moseley Architects, P.C. (hereinafter referred to as "Provider "). WITNESSETH: THAT WHEREAS, the County and Provider entered into a contract dated August 24th, 2015, (hereinafter the "Original Agreement "), for the provision of consulting services for the design of the Orange County Detention Center; and WHEREAS, the County and Provider amended the Original Agreement on December 10th, 2015 ( "Suspension Amendment ") in order to suspend Basic Services design activities, and is now ready to lift the suspension and continue Basic Services design activities; 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 April 30th, 2021. 2. Consistent with the Suspension Amendment, Section 3(a)(ii) of the Original Agreement is stricken and replaced with the Tasks and Milestones listed in Exhibit 1 of this Amendment. 3. Article 5, Section a. is amended to reflect a maximum payable not -to- exceed amount of $1,686,400.00, described as the sum of lines 1,2,3,4,5,6,9 &10 according to the attached proposal titled "Orange County Detention Center - Design Amendment #4" dated June 20, 2018. 4. Section 11 b. is stricken in its entirety and replaced with: This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti - discrimination laws, policies, rules, and regulations and the Orange County Non - Discrimination Policy and the Orange County Living Wage Policy (both policies are incorporated herein by reference and may be viewed at http: / /www.orangecountync.gov /departments/ purchasing _division /contracts.php). Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit the definition of breach to discrimination. 5. Section 11 c. is stricken in its entirety and replaced with: By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Provider's breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance with Article 2 of