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HomeMy WebLinkAbout2022-124-E-AMS-MBP Carolinas-PNW Emergency Services Retro commissioning of mechanical and building systemsRevised 06/21 1 [Departmental Use Only] TITLE ES RCx FY 2021-2022 NORTH CAROLINA SERVICES AGREEMENT NO RFP/RFQ (Project Specific Revisions noted as 3/23/22) ORANGE COUNTY This Services Agreement (hereinafter “Agreement”), made and entered into this 28th day of March, 2022, (“Effective Date”) by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and MBP Carolinas, Inc, (hereinafter, the "Provider"). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Agreement is for services to be rendered by Provider to County with respect to (insert type of project): Retro-Commissioning Services for 510 Meadowlands Drive, Hillsborough NC 27278 ii) By executing this Agreement, the Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. iii) (Stricken as Project Specific Revision, 3/23/22) iii) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the standard of care defined in this agreement. (Project Specific Revision, 3/23/22) b. Standard of Care. i) Notwithstanding anything to the contrary in this Agreement, the standard of care applicable to Provider’s performance of services shall be the degree of care, skill, and diligence as is ordinarily possessed and exercised by a consultant performing the same or similar services at the same time and in the same locality and in DocuSign Envelope ID: 0DFBBD4D-198E-4270-BF28-A2F59EADA030 Revised 06/21 2 accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional quality, accuracy and timely completion and submission of all work related to the Basic Services. (Project Specific Revision, 3/23/22) ii) Provider shall be responsible for all errors or omissions of its contractors, employees, or assigns in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts in documents prepared by Provider and provided to the County at no additional cost to the County. (Project Specific Revision, 3/23/22) iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. vi) In determining the Basic Services to be provided, should any documents be referenced in this Agreement, the terms of this Agreement shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. vii) (Stricken as Project Specific Revision, 3/23/22) 3. Basic Services a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided) Mechanical RX Services to include: Provide labor and equipment to perform retro- commissioning at 510 Meadowlands Drive, Hillsborough NC 27278. Services include retro-commissioning for systems to include Mechanical Systems (HVAC) and Building envelope syst ems, including organize and lead an investigation into the water intrusion and fungal growth issues as follows: Mechanical RCx Services to include: Review all available pertinent documents including design documents for the original construction and renovation, investigative reports, and mechanical equipment and building automation system submittals. Develop and execute DocuSign Envelope ID: 0DFBBD4D-198E-4270-BF28-A2F59EADA030 Revised 06/21 3 functional performance tests for the dedicated outside air unit and exhaust fan(s). Perform testing, adjusting, and balancing (TAB) measurements of exhaust air volume and outside air deliver volume and measure the building pressurization relative to outside air conditions. Building Envelope RCx Services to include: Review all available pertinent documents including design documents for the original construction and renovation, investigative reports, and building envelope component submittals. Conduct a visual roof assembly inspection including coping, transitions, counter flashing, and trim pieces. Conduct a visual building envelope assessment per ASTM E 1186 guidelines including building component intersections, penetrations and chases, and mechanical equipment. Perform a building pressurization (blower door) test per ASTM E 779 guidelines. Where possible, an infrared camera and synthetic fog will be used to identify air leakage sites. Perform RILEM Tube Testing at two locations one each elevation of the exterior block walls. The RILEM test measures the water absorption properties of the waterproof sealant applied to the exterior of the building. Perform four window water infiltration tests per AAMA501.2 guidelines. This test necessitates the removal of the interior gypsum around the window to observe potential water intrusion. MBP shall provide a final report consisting of our design analysis, results of functional performance testing and TAB measurements, and corrective action recommendations. The report will also include results of the HBPS building envelope investigation and testing including documentation of air infiltration pathways and any code deficiencies in the building envelope and roofing systems. HPBS will also provide recommendations to improve the building envelope performance and to prevent future moisture and comfort issues. MBP shall provide lift as per proposal for which an additional $1500 has been included in the overall project costs. 4. Duration of Services a. Term. The term of this Agreement shall be from March 28, 2022 to July 31, 2022. b. Scheduling of Services. i) The Provider shall schedule and perform its activities in a timely manner. ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform its services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be March 28, 2022. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services satisfactorily (as determined by the County) performed pursuant to this Agreement. The maximum amount payable for Basic Services shall not exceed Twenty-Seven Thousand, One Hundred Ten Dollars ($27,110.00). Payment for satisfactorily performed Basic Services DocuSign Envelope ID: 0DFBBD4D-198E-4270-BF28-A2F59EADA030 Revised 06/21 4 shall become due and payable within thirty (30) days of Provider properly invoicing County. Payment shall be subject to provisions of Section 5(b). i) Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the disputed portion of the work to be performed until such time as said work is completed. (Project Specific Revision, 3/23/22) b. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated (Angel Barnes) to act as the County's representative with respect to the Project who shall have the authority to render decisions within guidelines established by the County Manager or the County Board of Commissioners and who shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. The County shall provide, at no cost to Provider, all necessary documents required to be reviewed by the Provider for performance of the Services and for reasonable access to the building to allow the provider to perform its activities in a timely manner. The County shall be responsible for removal and replacement of interior gypsum, which is necessary for the Provider to perform window water infiltration testing. (Project Specific Revision, 3/23/22) 7. Insurance a. General Requirements. Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any additional insurance as may be required by County’s Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). If County’s Risk Manager determines additional insurance coverage is required such additional insurance shall consist of N/A (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 8. Indemnity a. Indemnity. To the extent authorized by North Carolina law the Provider agrees, to indemnify and hold harmless the County from loss, liability, claims or expense, including reasonable attorney's fees, by third-party claims arising out of or related to the Project and DocuSign Envelope ID: 0DFBBD4D-198E-4270-BF28-A2F59EADA030 Revised 06/21 5 arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or willful misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. (Project Specific Revision, 3/23/22) 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days ’ prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. Either party may terminate this Agreement upon notice to the other party that obligations pursuant to this Agreement are made impractical due to declarations of emergency by Orange County or by North Carolina due to events directly impacting Orange County. Both parties shall remain responsible for all payment and performance due up to the receipt of such notice, but shall have no further obligation or responsibility beyond that date provided the terminating party has taken all reasonable steps to complete the performance of its obligations. c. Compensation After Termination. i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the Count y due to errors or omissions of the Provider. Upon request of the County, the Provider shall submit to County all relevant documentation, including but not limited to, job cost records, to support its claims for final compensation. (Project Specific Revision, 3/23/22) ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables required of the Services that have been completed or started, and in the state as of the date of termination, including any electronic data or files relating to the Project. (Project Specific Revision, 3/23/22) DocuSign Envelope ID: 0DFBBD4D-198E-4270-BF28-A2F59EADA030 Revised 06/21 6 d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. e. Suspension. County may suspend the Basic Services and this Agreement at any time for County’s convenience and without penalty to County upon three (3) days’ notice to Provider. Upon receipt of any written suspension by County, Provider shall discontinue work on the Basic Services and shall not resume the Basic Services until notified to proceed in writing by County. (Project Specific Revision, 3/23/22) 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. b. Governing Law. 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. 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. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. c. Non-Discrimination. 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 non-discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.) Any violation of the Orange County Non-Discrimination Policy 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 and does not limit the definition of breach to discrimination. d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. DocuSign Envelope ID: 0DFBBD4D-198E-4270-BF28-A2F59EADA030 Revised 06/21 7 e. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. f. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. g. Ownership of Work Product. Provided the County performs its obligations under the Agreement, including but not limited to making timely payment to Provider for services rendered when due and undisputed, all documents developed pursuant to this Agreement (“Deliverables”) shall become the property of th e County, except that, notwithstanding the foregoing or any other terms in the Agreement to the contrary, Provider shall retain ownership of all of its property and intellectual property rights, including copyright interests, that existed prior to its commencement of services under this agreement. The County acknowledges that Provider’s Deliverables are solely and exclusively for the purposes of the specific project for which Provider created them. Any other use or modification of the Deliverables without the prior written consent of Provider shall be at the full risk of the County. (Project Specific Revision, 3/23/22) h. Non-Appropriation. Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable or not appropriated for the performance of County’s obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability or non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement. In the event of a change in the County’s statutory authority, mandate or mandated functions, by state or federal legislative or regulatory action, which adversely affects County’s authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County’s legal authority. i. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. j. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Attention:A. Barnes MBP Carolinas, Inc DocuSign Envelope ID: 0DFBBD4D-198E-4270-BF28-A2F59EADA030 Revised 06/21 8 P.O. Box 8181 Attn: General Counsel Hillsborough, NC 27278 3040 Williams Dr, Ste 300 Fairfax, VA 22301 [SIGNATURE PAGE TO FOLLOW] DocuSign Envelope ID: 0DFBBD4D-198E-4270-BF28-A2F59EADA030 Revised 06/21 9 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDER: By: _________________________________ Bonnie Hammersley, County Manager By: __________________________________ Jim Waldrep, Senior Commissioning Project Manager Printed Name and Title DocuSign Envelope ID: 0DFBBD4D-198E-4270-BF28-A2F59EADA030 3/28/20223/29/2022 Revised 06/21 10 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: MBP Carolinas, Inc Party/Vendor Contact Person: Jim Waldrep (jwaldrep@mbpce.com) Contact Phone: 919.875.0124 Party/Vendor Address: 4700 Falls of Neuse Road, Ste 370 City Raleigh State: NC Zip: 27609 Department: AMS Amount: $27,110 Purpose: PNW Emergency Services Retro Commissioning of Mechanical & Building Systems Budget Code(s): 61370035-882000-30002 Vendor # 67468 (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date March 28, 2022 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: 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: 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 sufficie ncy 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 co pies only and is not required for Docusign contracts: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: 0DFBBD4D-198E-4270-BF28-A2F59EADA030 3/28/2022 3/28/2022 3/28/2022 3/29/2022 4700 Falls of Neuse Road, Suite 370 | Raleigh, NC 27609 | 866-845-8599 | 919-875-0124 - Local | 919-875-0144 - Fax | www.mbpce.com February 27, 2022 Orange County Government Asset Management Services 300 West Tryon Street, Bldg B, 3rd Floor Office 10 Hillsborough, NC 27278 Attention: Angel Barnes, Capital Projects Manager Reference: Orange County Emergency Services Center Proposal for Retro-Commissioning Services Dear Ms. Barnes, MBP Carolinas, Inc. (“MBP”) is pleased to submit this revised proposal (Proposal) to provide retro-commissioning (RCx) services to Orange County Government, Asset Management Services (“County”) for the Emergency Services Center (“ESC”) located at 510 Meadowlands Drive, Hillsborough, NC (“Project”). MBP has partnered with High Performance Building Solutions (HPBS) to perform the building envelope investigation scope of work of this proposal. SCOPE OF PROJECT It is our understanding that, in 2018, the ESC sustained damage and water intrusion during Hurricane Florence, resulting in water damage and fungal growth on the interior of the building. Between December 2018 and March 2020 renovations and repairs were executed including replacement of finish materials and heating ventilation and air conditioning (HVAC) equipment, installation of closed-cell spray polyurethane foam on the interior side of the exterior wall assembly, and application of waterproofing sealants and coatings. In July 2021 new damage from moisture intrusion and apparent fungal growth was reported. SYSTEMS TO BE REVIEWED 1. Mechanical systems (HVAC) 2. Building envelope systems MBP will organize and lead an investigation into the water intrusion and fungal growth issues as follows: Mechanical RCx Services MBP will: DocuSign Envelope ID: 0DFBBD4D-198E-4270-BF28-A2F59EADA030 Angel Barnes February 27, 2022 Page 2 MBP 4700 Falls of Neuse Road, Suite 370 | Raleigh, NC 27609 | 866-845-8599 | 919-875-0124 - Local | 919-875-0144 - Fax | www.mbpce.com 1. Review all available pertinent documents including design documents for the original construction and renovation, investigative reports, and mechanical equipment and building automation system submittals. 2. Develop and execute functional performance tests for the dedicated outside air unit and exhaust fan(s). 3. Perform testing, adjusting, and balancing (TAB) measurements of exhaust air volume and outside air deliver volume and measure the building pressurization relative to outside air conditions. Building Envelope RCx Services HPBS will: 1. Review all available pertinent documents including design documents for the original construction and renovation, investigative reports, and building envelope component submittals. 2. Conduct a visual roof assembly inspection including coping, transitions, counter flashing, and trim pieces. 3. Conduct a visual building envelope assessment per ASTM E 1186 guidelines including building component intersections, penetrations and chases, and mechanical equipment. 4. Perform a building pressurization (blower door) test per ASTM E 779 guidelines. Where possible, an infrared camera and synthetic fog will be used to identify air leakage sites. 5. Perform RILEM Tube Testing at two locations one each elevation of the exterior block walls. The RILEM test measures the water absorption properties of the waterproof sealant applied to the exterior of the building. 6. Perform four window water infiltration tests per AAMA 501.2 guidelines. This test necessitates the removal of the interior gypsum around the window to observe potential water intrusion. The County is responsible for removing and replacing interior gypsum for testing. Final Report MBP will provide a final report consisting of our design analysis, results of functional performance testing and TAB measurements, and corrective action recommendations. The report will also include results of the HPBS building envelope investigation and testing including documentation of air infiltration pathways and any code deficiencies in the building envelope and roofing systems. HPBS will also provide recommendations to improve the building envelope performance and to prevent future moisture and comfort issues. Additional Services DocuSign Envelope ID: 0DFBBD4D-198E-4270-BF28-A2F59EADA030 Angel Barnes February 27, 2022 Page 3 MBP 4700 Falls of Neuse Road, Suite 370 | Raleigh, NC 27609 | 866-845-8599 | 919-875-0124 - Local | 919-875-0144 - Fax | www.mbpce.com If requested by the County, MBP can provide additional services as the parties may hereafter mutually agree by a written modification to this agreement. Compensation MBP proposes to provide the services outlined in this Proposal for the lump sum fixed-fee amount of $25,610. This fee includes two days on site for mechanical RCx services and two days on site for BECx services. All work to be performed during normal business hours. Breakdown of our proposed fee by task follows: Non-Labor Expenses MBP assumes the County will provide a lift for BECx testing of the second-floor exterior. If a lift is not available, MBP will provide the lift and invoice the rental amount at cost. The estimated rental cost is $1,500. Terms and Conditions The standard of care applicable to MBP’s performance will be the degree of skill and care used by members of MBP’s profession performing the same or similar services under similar circumstances at the same time and in the same locality. No other representation, expressed or implied, and no warranty or guarantee is included or intended in this Proposal, or in any oral or DocuSign Envelope ID: 0DFBBD4D-198E-4270-BF28-A2F59EADA030 Angel Barnes February 27, 2022 Page 4 MBP 4700 Falls of Neuse Road, Suite 370 | Raleigh, NC 27609 | 866-845-8599 | 919-875-0124 - Local | 919-875-0144 - Fax | www.mbpce.com written work product provided by MBP, including but not limited to any report, opinion, or document. Although MBP shall document any defects or deficiencies in the work performed of which it becomes aware, as a result of the inherent limitations of any site observations, MBP cannot warrant or guarantee that all non-compliant conditions will be detected or corrected. As it is not in the best interest of the Owner that the presence or duties of MBP personnel at the Project site or otherwise should relieve the Contractor or design team of their obligations and responsibilities to the Owner, it is understood that: MBP shall not supervise, direct or have control over any Contractor work; the Contractor remains responsible for compliance with the Project plans and specifications, construction means, methods, techniques, and sequences, including but not limited to any required health and safety procedures (except that MBP shall be responsible for the safety of its own employees). MBP is not acting in any respect as the Project’s designer of record and assumes no design liability for any part of the Project, regardless of whether any assistance, recommendations, or comments provided by MBP to the Client, Owner or design team are utilized. Inasmuch as it is not in the best interest of the Owner that that MBP’s services should relieve the design team of its obligations and responsibilities to the Owner, it is understood that the designer of record shall be and remain solely responsible for such all design documents notwithstanding any Services provided by MBP under this agreement relating to the development or review of design documents, including but not limited to scopes of work, plans and specifications, requests for proposals, or any other terms and conditions contained therein. To the extent that MBP may be required to review contractor submittals (e.g., shop drawings, product data, or samples), such a review will be for the limited purpose of checking for general conformance with the design concept expressed in the Contract (or Design) Documents and not, for example, for the purpose of determining the accuracy or completeness of other details or information such as dimensions and quantities; substantiating instructions for installation or performance of equipment or systems; or approving any construction means, methods, techniques, sequences, procedures or safety plans, procedures, or precautions, all of which remains the sole and ultimate responsibility of the construction contractor. As it is not in the best interests of the Owner that MBP’s review of any submittal shall relieve the construction contractor from responsibility for any errors or omissions in such submittals, nor from responsibility from strict compliance with all of the requirements of the Contract Documents, any such reviews shall not be deemed to approve or authorize changes, deviations, or substitutions from the requirements of the Contract Documents unless variations are specifically noted, highlighted and described in the submittal and expressly approved by the Owner or its authorized representative (e.g. the designer of record). This Proposal is valid through March 31, 2022 but is subject to change thereafter and assumes that the project will be completed on or before July 31, 2022. DocuSign Envelope ID: 0DFBBD4D-198E-4270-BF28-A2F59EADA030 Angel Barnes February 27, 2022 Page 5 MBP 4700 Falls of Neuse Road, Suite 370 | Raleigh, NC 27609 | 866-845-8599 | 919-875-0124 - Local | 919-875-0144 - Fax | www.mbpce.com MBP will invoice monthly for the work completed as set forth in this Proposal. All invoices will be submitted electronically and are to be paid in full upon receipt. If the foregoing is acceptable, please so indicate by signature of an authorized representative in the space provided below; initial and date the attached Standard Contract Terms and Conditions where indicated; and return two copies with original signatures and dated initials to the undersigned. If you desire to use your own formatted contract for the services described in this Proposal, you can either incorporate this Proposal letter by reference into any such contract or use the language contained herein in any such contract which we can sign and return to you for your records. We look forward providing Orange County Government with retro-commissioning services on this Project. For additional information, please do not hesitate to call me at 919-348-2859 or email me at jwaldrep@mbpce.com. Sincerely, Jim Waldrep, CCP, EBCP, ACEM Senior Commissioning Project Manager AGREED AND ACCEPTED: Orange County Government _________________________________________ __________________________ By: Date: DocuSign Envelope ID: 0DFBBD4D-198E-4270-BF28-A2F59EADA030 02/21/2022 Brown & Brown Insurance Agency of Virgina, Inc, 11220 Assett Loop Suite 304 Manassas VA 20109 Penny Taylor (804) 627-1000 ptaylor@bbvirginia.com MBP Carolinas Inc. 4700 Falls of Neuse Road Suite 370 Raleigh NC 27609 The Phoenix Insurance Company 25623 The Charter Oak Fire Insurance Company 25615 Travelers Property Casualty Company of America 25674 The Travelers Indemnity Company of America 25666 21-22 A Contractual Liability P6305F995151PHX-21 03/31/2021 03/31/2022 1,000,000 300,000 5,000 1,000,000 5,000,000 2,000,000 B 810-8M253692-21-43-G 03/31/2021 03/31/2022 1,000,000 Uninsured motorist combined single limit 1,000,000 C 10,000 CUP9H788666-21-43 03/31/2021 03/31/2022 5,000,000 5,000,000 D N Y UB0K895156-21-43-G 03/31/2021 03/31/2022 500,000 500,000 500,000 Ref: Project # P22075 - Project Name: Orange County Emergency Services Building, RCx. Waiver of Subrogation applies when required by written contract with regard to Workers Compensation, per the written contract. Orange County P.O. Box 8181 Hillsborough NC 27278 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 DocuSign Envelope ID: 0DFBBD4D-198E-4270-BF28-A2F59EADA030 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD 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) 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 EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY 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 LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) 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 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.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 2/22/2022 (703) 827-2277 (703) 827-2279 20443 MBP Carolinas, Inc. 4700 Falls of Neuse Road Suite 370 Raleigh, NC 27609 A Professional Liab.MCH114065775 6/30/2021 Per Claim 3,000,000 A Professional Liab.MCH114065775 6/30/2021 6/30/2022 Aggregate 6,000,000 Project# P22075 Project Name: Orange County Emergency Service Building RCx Pollution Liability coverage is provided and included within the Professional Liability policy noted above. It shares the limits of the Professional Liability policy. 30-day Notice of Cancellation will be issued for the Professional Liability coverage in accordance with policy terms and conditions. Orange County, NC Att: Angel Barnes Po Box 8181 Hillsborough, NC 27278 MCDOBOL-01 KGODWIN Ames & Gough 8300 Greensboro Drive Suite 980 McLean, VA 22102 admin@amesgough.com Continental Casualty Company (CNA) A, XV 6/30/2022 DocuSign Envelope ID: 0DFBBD4D-198E-4270-BF28-A2F59EADA030