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HomeMy WebLinkAbout2023-659-E-AMS-MBP Facility Solutions-Detention Center Commissioning & RecommendationsRevised 06/21 1 [Departmental Use Only] TITLE Detention Center Cx FY 2023-2024 (AS REVISED 9/26/2022 SPECIFIC TO THIS AGREEMENT, NOT TO BE USED FOR OTHER AGREEMENTS) NORTH CAROLINA SERVICES AGREEMENT NO RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter “Agreement”), made and entered into this 30th day of October, 2023, (“Effective Date”) by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and MBP Facility Solutions, LLC, (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): Orange County Detention Center Commissioning and Recommendation Services. 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) 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 highest professional standards. b. Standard of Care. i) Notwithstanding any to the contrary in this Agreement, the standard of care applicable to Provider’s performance of services shall be the degree of care, skill, DocuSign Envelope ID: 3E431C4A-3F8E-48D4-8DEE-3B44F48A1A76 Revised 06/21 2 and diligence as is ordinarily possessed and exercised by a consultant performing the same or similar services at the same time in the same locality and in 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. 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. 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. 3. Basic Services a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): Provide commissioning and recommendations for the Orange County Detention Center mechanical systems as outlined in the proposal dated April 17, 2023. The investigation will focus on the rooftop dedicated outdoor air and energy recovery systems. This includes additional option 1 for the water source heat pumps. DocuSign Envelope ID: 3E431C4A-3F8E-48D4-8DEE-3B44F48A1A76 Revised 06/21 3 4. Duration of Services a. Term. The term of this Agreement shall be from October 30, 2023 to December 31, 2024. 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 October 30, 2023. 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 Thirty-Nine Thousand, Two Hundred Fifty Dollars ($39,250.00). Payment for satisfactorily performed Basic Services shall become due and payable within thirty (30) days of Provider properly invoicing County. Payment shall be subject to provisions of Section 5(b). b. 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. c. 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. DocuSign Envelope ID: 3E431C4A-3F8E-48D4-8DEE-3B44F48A1A76 Revised 06/21 4 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. Professional Liability Indemnity. To the fullest extent authorized by North Carolina law as to matters of professional liability, the Provider agrees, provider agrees to indemnify and hold harmless the County from all third-party loss, liability, claims or expense, including reasonable attorney's fees, recoverable under the applicable law, arising out of or related to the Project and 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. b. General Liability Indemnity To the fullest extent authorized by North Carolina law, as to matters other than professional liability, the Provider agrees, to defend, indemnify, and hold harmless the County from all third-party loss, liability, claims, or expense, including reasonable attorney’s fees recoverable under applicable law, arising out of or related to the Project and 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 and/or any third party. 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 DocuSign Envelope ID: 3E431C4A-3F8E-48D4-8DEE-3B44F48A1A76 Revised 06/21 5 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 County 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. 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 of as of the date of termination, including any electronic data or files relating to the Project. 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’ written 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 by County. 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. DocuSign Envelope ID: 3E431C4A-3F8E-48D4-8DEE-3B44F48A1A76 Revised 06/21 6 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. 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 obligation 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 property of the 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 its 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 DocuSign Envelope ID: 3E431C4A-3F8E-48D4-8DEE-3B44F48A1A76 Revised 06/21 7 modification of the Deliverables without the prior written consent of Provider shall be at the full risk of the County. 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 Provider’s Name Attention:A. Barnes MBP Facility Solutions LLC P.O. Box 8181 3040 Williams Drive, Ste 300 Hillsborough, NC 27278 Fairfax, VA 22031 [SIGNATURE PAGE TO FOLLOW] DocuSign Envelope ID: 3E431C4A-3F8E-48D4-8DEE-3B44F48A1A76 Revised 06/21 8 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: _________________________________ Kevin Day, President Printed Name and Title DocuSign Envelope ID: 3E431C4A-3F8E-48D4-8DEE-3B44F48A1A76 10/23/202311/15/2023 Revised 06/21 9 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: MBP Facility Solutions, LLC Party/Vendor Contact Person: Kevin Day (kday@mbpce.com) Contact Phone: 800-898-9088 Party/Vendor Address: 3040 Williams Drive, Suite 300 City Fairfax State: VA Zip: 22031 Department: AMS Amount: $39,250.00 Purpose: Detention Center Commissioning & Recommendations Budget Code(s): 61370035-870000-11002 Vendor # 67685 (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date 10/30/2023 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 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: 3E431C4A-3F8E-48D4-8DEE-3B44F48A1A76 10/23/2023 11/15/2023 11/15/2023 11/15/2023 MBP Facility Solutions, LLC Williams Plaza 1 | 3040 Williams Drive, Suite 300 | Fairfax, Virginia 22031 | | 800-898-9088 | 703-641-9088 - Local | 703-641-8965 - Fax | www.mbpce.com April 17, 2023 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 Northern Campus Detention Center Proposal for Existing Building Commissioning Services Dear Ms. Barnes, MBP Facility Solutions, LLC (“MBP-FS”) is pleased to submit this proposal to provide existing building commissioning (EBCx) services (“Proposal”) to Orange County Government, Asset Management Services (“County”) for the Orange County Northern Campus Detention Center located at 1200 US-70 West, Hillsborough, NC (“Project”). SCOPE OF PROJECT In response to a request from the County, MBP-FS has been tasked with investigating temperature and humidity issues related to the recently installed mechanical systems at the Detention Center. The investigation will focus on the rooftop dedicated outdoor air and energy recovery systems (DOAS). The primary objectives of the investigation are to identify the root cause of the temperature and humidity issues and provide comprehensive recommendations to effectively mitigate the issues. Additionally, MBP-FS will conduct a thorough review of the geothermal system to verify operation and performance in alignment with the original design specifications. SCOPE OF SERVICES MBP-FS’s EBCx services will be provided in accordance with the applicable sections of ASHRAE Guidelines 0.2-2015 and 1.2-2019. EBCx documentation will be logged and can be accessed using the web-based program called CxAlloy. SYSTEMS TO BE COMMISSIONED 1. Mechanical systems (HVAC) a. Dedicated outdoor air system heat pump (1 of 2) b. Dedicated outdoor air system heat pump with energy recovery (2 of 6) c. Geothermal pumping system and controls As the Commissioning Authority (CxA), MBP-FS will organize and lead an investigation into the temperature and humidity issues as follows: SCOPE OF WORK (SOW) Mechanical EBCx Services MBP-FS will: DocuSign Envelope ID: 3E431C4A-3F8E-48D4-8DEE-3B44F48A1A76 Ms. Angel Barnes April 17, 2023 Page 2 of 3 MBP Facility Solutions, LLC Williams Plaza 1 | 3040 Williams Drive, Suite 300 | Fairfax, Virginia 22031 | | 800-898-9088 | 703-641-9088 - Local | 703-641-8965 - Fax | www.mbpce.com 1. Review all available pertinent documents including design drawings and specifications, investigative reports/records, and mechanical equipment and building automation system submittals. 2. Conduct a site survey with facilities personnel, the controls contractor, and the project stakeholders to inspect the systems to be commissioned, assess their current condition, and identify zones where significant issues exist. 3. Review trend data provided by the County to develop an understanding of how the mechanical systems are performing over time and to focus the commissioning efforts on the most problematic systems. 4. Develop a preliminary findings report outlining the issues identified during the review of the design documents, submittals, site survey, and trend review. Proposal includes one meeting (virtual) with the County to review this report. 5. Develop and execute functional performance testing procedures for the systems to be commissioned. Final Report MBP-FS will furnish a comprehensive report detailing our design analysis, functional performance testing results, and the findings of the investigation. This report will feature a detailed description of the issues identified and their root cause, along with a set of tailored recommendations designed to mitigate these issues and verify the proper operation of the mechanical systems. Proposal includes one meeting with the County (virtual) to review this report. ADDITIONAL OPTION NO. 1: In addition to the required services detailed in the EBCx Services above, MBP-FS can provide the following services: 1. Review contractor submittals for the water source heat pumps. 2. Develop and execute functional performance testing procedures for a sampling of the water source heat pumps (4 of 17). 3. Include test results, findings, and recommendations in the final report. COMPENSATION MBP-FS proposes to provide the EBCx services outlined in this Proposal for the fixed price amount of $35,500. MBP-FS proposes to provide the Additional Option No. 1 services outlined in this Proposal for the fixed price amount of $3,750. ADDITIONAL SERVICES Services not expressly identified in this Proposal are not included in the Proposal. Any such additional services can be provided as the parties may hereafter mutually agree by a written modification. DocuSign Envelope ID: 3E431C4A-3F8E-48D4-8DEE-3B44F48A1A76 Ms. Angel Barnes April 17, 2023 Page 3 of 3 MBP Facility Solutions, LLC Williams Plaza 1 | 3040 Williams Drive, Suite 300 | Fairfax, Virginia 22031 | | 800-898-9088 | 703-641-9088 - Local | 703-641-8965 - Fax | www.mbpce.com This Proposal is valid through May 31, 2023 but is subject to change thereafter and assumes that the project will be completed on or before October 31, 2023. Terms and conditions for the proposed services will be as mutually agreed upon by both parties upon execution of a contract between MBP-FS and the County. We look forward to being able to provide the County with existing building commissioning services on this Project. For additional information, please do not hesitate to call me at (919)-348-2002 or email me at kday@mbpce.com. Sincerely, Kevin Day, PE, CEM, CCP, LEED AP President MBP Facility Solutions, LLC North Carolina Contractor License # 85171 cc: Stephen Cressionnie, MBP Carolinas, Inc. Mairav Mintz, MBP Carolinas, Inc. File: P23211 DocuSign Envelope ID: 3E431C4A-3F8E-48D4-8DEE-3B44F48A1A76 03/22/2023 Brown & Brown Insurance Agency of Virginia, Inc., 11220 Assett Loop Suite 304 Manassas VA 20109 Penny Taylor (804) 627-1000 Penny.Taylor@bbrown.com MBP Facility Solutions, LLC 3040 Williams Drive #300 Fairfax VA 22031 The Travelers Indemnity Company of Connecticut 25682 Travelers Property Casualty Company of America 25674 Underwriters at Lloyd's, London (Illinois) CL2331548876 A Y 660-4K731964 03/15/2023 03/15/2024 1,000,000 300,000 5,000 1,000,000 2,000,000 2,000,000 B 0 Y EX-6K867783 03/15/2023 03/15/2024 1,000,000 1,000,000 C Professional Liability Claims Made Coverage ANE2150901.23 03/15/2023 03/15/2024 Each Claim $1,000,000 Aggregate $1,000,000 Retroactive Date 03/15/2018 RE: P22320 / Project: Orange County Emergency Services Center As required by an insured written contract or agreement and only per applicable attached forms, Orange County Government is an additional insured with regard to General Liability for on going and completed operations, on a primary and noncontributory basis; as well as Umbrella Liability on a follow form basis. Orange County Government 300 West Tryon Street, Bldg. B 3rd Floor, Office 10 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: 3E431C4A-3F8E-48D4-8DEE-3B44F48A1A76 RESOLUTION EXEMPTING ORANGE COUNTY DETENTION CENTER RETRO- COMMISSIONING FROM G.S. 143-64.31 WHEREAS, G.S. 143-64.31 requires the initial solicitation and evaluation of firms to perform architectural, engineering, surveying, construction management-at-risk services, and design-build services (collectively “design services”) to be based on qualifications and without regard to fee; WHEREAS, the County proposes to enter into one or more contracts for design services for work on Orange County Detention Center Heating, Ventilation, and Air Conditioning Retro- commissioning Services. WHEREAS, G.S. 143-64.32 authorizes units of local government to exempt contracts for design services from the qualifications-based selection requirements of G.S. 143-64.31 if the estimated fee is less than $50,000; and WHEREAS, the estimated fee for design services for the above-described project is less than $50,000. NOW, THEREFORE, THE MANAGER OF THE ORANGE COUNTY RESOLVES: Section 1. The above-described project is hereby made exempt from the provisions of G.S. 143-64.31. Section 2. This resolution shall be effective upon adoption. _________________________________ ____________________ Bonnie Hammersley (County Manager) Date Orange County, North Carolina DocuSign Envelope ID: 3E431C4A-3F8E-48D4-8DEE-3B44F48A1A76 11/15/2023 11/10/2023 Brown & Brown Insurance Agency of Virginia, Inc., 11220 Assett Loop Suite 304 Manassas VA 20109 Penny Taylor (804) 627-1000 Penny.Taylor@bbrown.com MBP Facility Solutions, LLC 3040 Williams Drive #300 Fairfax VA 22031 The Travelers Indemnity Company of Connecticut 25682 Travelers Property Casualty Company of America 25674 Underwriters at Lloyd's, London (Illinois) CL2331548876 A Y 660-4K731964 03/15/2023 03/15/2024 1,000,000 300,000 5,000 1,000,000 2,000,000 2,000,000 B 0 Y EX-6K867783 03/15/2023 03/15/2024 1,000,000 1,000,000 N UB0K895156 03/31/2023 03/31/2024 1,000,000 1,000,000 1,000,000 C Professional Liability Claims Made Coverage ANE2150901.23 03/15/2023 03/15/2024 Each Claim $1,000,000 Aggregate $1,000,000 Retroactive Date 03/15/2018 RE: P23211; Project Name: Northern Campus Detention Center, Orange County, North Carolina As required by an insured written contract or agreement and only per applicable attached forms, Orange County Government is an additional insured with regard to General Liability for on going and completed operations, on a primary and noncontributory basis; as well as Umbrella Liability on a follow form basis. Orange County Government Asset Management Services 300 West Tryon Street, Bldg. B 3rd Floor, Office 10 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: 3E431C4A-3F8E-48D4-8DEE-3B44F48A1A76