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HomeMy WebLinkAbout2024-169-E-AMS-Siemens Industry-Increase in costs due to construction delaysRevised 04/23 ORANGE COUNTY CHANGE ORDER REQUEST NORTH CAROLINA ______________________________________________________________________________________________________________ Date: 03/18/2024 Project: Efland EMS & ME Review Quarters Change Order No. 02 Department: AMS/ES Department Address: 306 Revere Road, Hillsborough NC 27278 Project: Efland EMS & ME Review Quarters Contractor: Siemens Industry, Inc. Contractor Address: 215 Southport Drive, Ste 900, Morrisville, NC 27560 Effective date of original contract: 05/05/2022 This change order increases decreases the contract time by 437 days. Check here if no impact to contract time . Will this change order impact the date of substantial completion? Yes No. If yes, the amended date of substantial completion is: December 20, 2024 _______________________________________________________________________________________________________________ Full Description of Change: Additional labor hours to cover for delays in construction. Reason for Change: The additional changes are due to the delays in the construction by the General Contractor for this project. _______________________________________________________________________________________________________________ Original contract sum: $ 80,000.00 Contract sum prior to this change order: $ 98,677.18 Amount of this change order: $ 23,791.10 Total sum of the contract including this change order: $ 122,468.28 _______________________________________________________________________________________________________________ This change order is executed to amend the contract time or contract sum. It shall not be construed to impact the original contract, project, services, or work in any other manner. All other terms of the Original Contract remain in effect. Approved and executed this 18th day of March, 2024. _______________________________ _____________________________ _____________________________ Contractor Owner Architect (when retained) By:____________________________ By:___________________________ By:___________________________ DocuSign Envelope ID: F1274CE7-87E2-472B-80D7-92EE123F3A5E Branch General Manager 3/12/2024 County Manager 3/17/2024 Revised 04/23 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Siemens Industry, Inc Vendor Contact Person: Sepesi, Ella (ella.sepesi@siemens.com) Phone: 919.389.4449 Address: 215 Southport Drive, Ste 900 City Morrisville State: NC Zip: 27560 Department: AMS Amount: $23,791.10 Purpose: Increase in costs due to construction delays Budget Code(s): 61750035- 880000-17000 Vendor # 53325 Vendor Status with NCSOS: Active Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: 05/05/2022) (Most Recent Amendment 06/23/2023) Effective Date 3/18/2024 End Date 12/20/2024 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by AMS 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: 17000) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(#l) 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. Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: 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, 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 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: Received for record retention: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: F1274CE7-87E2-472B-80D7-92EE123F3A5E 3/12/2024 3/12/2024 3/15/2024 3/17/2024 PROPOSAL 44OP-336419 Delay Extra Hours PREPARED BY Siemens Industry, Inc. ("Siemens") PREPARED FOR ORANGE COUNTY DELIVERED ON March 07, 2024 DocuSign Envelope ID: F1274CE7-87E2-472B-80D7-92EE123F3A5E Table of Contents SIEMENS PROPOSAL .......................................................................................................3 Contact Information ..............................................................................................3 Conditions of Request ............................................................................................4 Scope of Work .......................................................................................................5 Inclusions ..............................................................................................................5 Exclusions .............................................................................................................6 Clarifications .........................................................................................................7 Sell Price ................................................................................................................8 Payment Terms ......................................................................................................9 Terms and Conditions ...................................................................................................10 Terms & Conditions Link(s)..................................................................................10 Signature Page .............................................................................................................11 Signature Page ....................................................................................................11 Page 2 of 11 DocuSign Envelope ID: F1274CE7-87E2-472B-80D7-92EE123F3A5E Proposal #:8684736 Date:March 07, 2024 Contact Information Sales Executive:Ella Sepesi Branch Address:11000 Regency Pkwy ste 400 East Cary, NC 27518 Telephone:919-412-0119 Email Address:ella.sepesi@siemens.com Customer Contact:Angel Barnes Customer:ORANGE COUNTY Address:600 NC HIGHWAY 86 N HILLSBOROUGH NC 27278-8225 Services shall be provided at:3800 US 70 Efland, NC 27243 Page 3 of 11 DocuSign Envelope ID: F1274CE7-87E2-472B-80D7-92EE123F3A5E Conditions of Request We transmit herewith the above referenced price request for Change Order 2 to the contract between Siemens Industry, Inc. ("Siemens") and ORANGE COUNTY dated 03/17/2022for the Subcontract (the "Agreement").This price request is based on information received from your company and is subject to the following conditions: 1.No change in contract price. 2.X Change of $$23,791.10 in contract price. 3.days of extension of contract. Retention shall be extended only on value of price request. 4.We are not proceeding until we received a change order. 5.Work is proceeding as authorized. 6.Please forward a cost event & change order to this office since the work has been completed. This proposal covers the present ascertainable direct costs at this time.It does not include any extra costs associated with the impact of this Change Order on the project schedule, labor productivity or their factors affecting the cost of performance.Siemens reserves the right to amend this proposal if and when such impact costs become reasonably determinable.The Description of Changes is attached hereto and made apart hereof.The Agreement is incorporated by reference, modified only to the extent modified herein. Page 4 of 11 DocuSign Envelope ID: F1274CE7-87E2-472B-80D7-92EE123F3A5E Scope of Work Extra labor hours needed to cover delays in construction. Exclusions and Clarifications No materials involved. Work to be performed during regular working hours. Inclusions 1.Engineering 2.Project Management for Siemens Scope of work 3.System Commissioning and Final Pretest 4.Final AHJ Testing and certification 5.Fire Alarm Submittal to customer 6.Fire Alarm Submittal to AHJ 7.Fire Alarm Permit or Electrical Permit or costs associated with this project 8.Professional Engineers stamp which may be required 9.Supply or installation of any electrical conduits, cables, wiring or back boxes, and equipment 10.As interpreted in the specifications, as shown on drawings, and as defined in this proposal 11.Price is based on Auto-CAD electronic drawings for the project being supplied to us by others 12.DACT 13.One (1) year warranty 14.Final wiring terminations to the control panel 15.Three (3) submittals 16.Three (3) O&M manuals 17.Programming Page 5 of 11 DocuSign Envelope ID: F1274CE7-87E2-472B-80D7-92EE123F3A5E Exclusions 1.Offsite system monitoring fees 2.Cost associated with multiple trips to the job site due to incompletion by others 3.Working in areas containing hazardous materials or confined space 4.Cost associated with schedule acceleration or multiple unplanned phases 5.Telephone line for DACT and/or IP Network Connection 6.Costs associated with bypassing the system during construction 7.Building and construction permit fees 8.Creating base building auto cad drawings for the project 9.Ceiling and/or wall removal, replacement, patching, and painting 10.Per project aggregate general liability insurance 11.Overtime 12.After hours work 13.Additional testing due to others 14.Dedicated phone lines 15.Dedicated IP Network Drop 16.120 VAC power 17.Conduit raceway, Electrical boxes and supports 18.Performance or payment bonds 19.Bonding or special insurance 20.Fire caulking 21.Scaffolding and lifts 22.Knox box 23.Shunt trip breakers 24.Security system interface or door lock release 25.Back boxes for devices are not included unless listed in this proposal's provided equipment list Page 6 of 11 DocuSign Envelope ID: F1274CE7-87E2-472B-80D7-92EE123F3A5E Clarifications 1.Siemens will be providing parts and smarts to the selected electrical contractor for this project. 2.Siemens will provide the fire alarm permit, review and inspection fees. 3.Siemens will need to be provided with architectural backgrounds in Auto CAD files, approved fire protection report, and full set of construction documents, free of charge. 4.Siemens will provide twelve submittal sets of drawings, as well as two construction sets, and two as built sets.An electronic and hard set of approved and stamped as builds will be provided to the Owner upon the project completion. 5.Owner will need to allow Siemens full and complete access to the property for the duration of the project. 6.All scheduling and phasing will need to have the Owner's input and will require the Owner's cooperation to complete during the allotted time. 7.Submittals may take between 4-6 weeks for approval through the Fire Department. 8.All work to be performed during normal working hours of Monday thru Friday, 6:00am to 4:00pm. 9.If this proposal includes a Smoke Control/Smoke Management system, Siemens must be provided Smoke Control/Smoke Management Drawings which define all Zone Boundaries, location, type of equipment used, and a detailed input/output matrix or sequence of operations.In the event that such information is provided post-award or such information is discovered by Siemens during installation of the scope, a change order for additional time and an increase in cost may be required due to the information differing from assumptions that Siemens had to make in developing the scope. Page 7 of 11 DocuSign Envelope ID: F1274CE7-87E2-472B-80D7-92EE123F3A5E Sell Price Total Quote Price $23,791.10 No materials involved. This price is firm for 30 days from the date of this proposal. Page 8 of 11 DocuSign Envelope ID: F1274CE7-87E2-472B-80D7-92EE123F3A5E Payment Terms Payment Terms Acceptance Agreement The total price of:$23,791.10 and the estimated return on investment are based on the items outlined in this proposal.ANY STATEMENTS MADE HEREIN REGARDING SAVINGS THAT MAY BE ACHIEVED BY IMPLEMENTING THE SERVICES OFFERED IN THIS PROPOSAL ARE ESTIMATES ONLY. NO WARRANTY, EITHER EXPRESSED OR IMPLIED, SHALL BE CONSTRUED TO ARISE FROM SUCH STATEMENTS, NOR SHALL SUCH STATEMENTS BE CONSTRUED AS CONSTITUTING A GUARANTEE BY SIEMENS THAT SUCH SAVINGS WILL OCCUR IF THE SERVICES ARE IMPLEMENTED. The Buyer acknowledges that when accepted by the Buyer as proposed by Siemens Industry, Inc., this Proposal and the Siemens RAM Projects Business Standard Terms and Conditions, (together with any other documents, including any applicable Rider(s), incorporated herein) shall constitute the entire agreement of the parties with respect to its subject matter.BY EXECUTION HEREOF, THE SIGNER CERTIFIES THAT (S)HE HAS READ ALL OF THE TERMS AND CONDITIONS AND DOCUMENTS, THAT SIEMENS OR ITS REPRESENTATIVES HAVE MADE NO AGREEMENTS OR REPRESENTATIONS EXCEPT AS SET FORTH THEREIN, AND THAT (S)HE IS DULY AUTHORIZED TO EXECUTE THE SIGNATURE PAGE ON BEHALF OF THE BUYER. Proposal is valid for thirty (30) days from the delivery date of March 07, 2024. Payment is due within 30 days of invoice date. Payment Terms: 25% mobilization in advance, progress payments Total:$23,791.10 Siemens Industry, Inc. invoices paid by credit card may be subject to a surcharge of up to 2%. Page 9 of 11 DocuSign Envelope ID: F1274CE7-87E2-472B-80D7-92EE123F3A5E Terms & Conditions Link(s) Terms and Conditions (Click to download) Terms & Conditions (Unrestricted) (www.siemens.com/standard-terms-project-unrestricted) Price Escalation.If, during the term of this Contract, the price of various materials or labor or logistics are increased as reflected by CRU/IHS Markit/CMAI/COMEX market index, then Siemens may increase the Contract Sum or apply a surcharge to Customer accordingly. As a result of the global Covid-19 Virus outbreak, temporary delays in delivery, labor or services from Siemens and its sub-suppliers or subcontractors may occur. Among other factors, Siemens' delivery is subject to the correct and punctual supply from sub-suppliers or subcontractors, and Siemens reserves the right to make partial deliveries or modify its labor or services. While Siemens shall make every commercially reasonable effort to meet the delivery or service or completion date mentioned above, such date is subject to change. To the extent applicable, the following Rider(s) are incorporated and made part of the Siemens Standard Terms and Conditions: Riders (Click on rider below to download) SI Fire Life Safety Rider (www.siemens.com/rider-fls) SI Mass Notification Rider (www.siemens.com/rider-mass-notification) SI Monitoring Rider (www.siemens.com/rider-monitoring) SI Software License Warranty (www.siemens.com/rider-software-license) SI Consulting Rider (www.siemens.com/rider-consuling) Page 10 of 11 DocuSign Envelope ID: F1274CE7-87E2-472B-80D7-92EE123F3A5E Signature Page Proposed by:Accepted by: Siemens Industry, Inc. ______________________________________ Company ORANGE COUNTY _____________________________________ Company Ella Sepesi ______________________________________ Name _____________________________________ Name (Printed) 8684736 ______________________________________ Proposal # _____________________________________ Signature $23,791.10 ______________________________________ Proposal Amount _____________________________________ Title March 07, 2024 ______________________________________ Date _____________________________________ Date _____________________________________ Purchase Order #⬜PO for billing/pmnt only ⬜PO not required Page 11 of 11 DocuSign Envelope ID: F1274CE7-87E2-472B-80D7-92EE123F3A5E 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) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY B 10/01/2023 N/A 4433 of Marsh USA LLC X RENTA C N/A 10,000,000 UB-8P79233A-23-51-R (AZ,MA,WI) 41343 A 10/01/2024 X Travelers Casualty & Surety Company CN102147003-RAM--23/24 1,000,000 25674 ... NYC-009196547-32 10/01/2023 X INCL 09/26/2023 10/01/2024 '''''''''''$500K LIMIT / $500K SIR''''''''''' N/A 10/01/2024 NOC60 1,000,000 X 1,000,000 1,000,000 B 10/01/2024 10/01/2023 19038 TC2J-CAP-7440L34A-TIL-23 100,000 10/01/2023 UB-8P83929A-23-51-K (AOS) TWXJ-UB-7440L338-23 (OH) X 1,000,000 SEE ATTACHED RE: JOB NO. N/A 1000 DEERFIELD PARKWAY SIEMENS INDUSTRY, INC. BUFFALO GROVE, IL 60089-4513 1,000,000 HDI Global Insurance Company X 445 SOUTH STREET MARSH USA, LLC. MORRISTOWN, NJ 07960-6454 GLD1110115 Travelers Property Casualty Co. of America N PO BOX 8181 HILLSBOROUGH, NC 27278 ORANGE COUNTY ATTN: RISK MANAGEMENT 10/01/2023 B 2,000,000 X X 10/01/2024 DocuSign Envelope ID: F1274CE7-87E2-472B-80D7-92EE123F3A5E ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: MARSH USA, LLC.� � WAIVER OF SUBROGATION IS EFFECTUAL WHERE REQUIRED BY WRITTEN CONTRACT. � SUBCONTRACTORS WITH RESPECT TO ALL OPERATIONS OF THE INSURED BUT ONLY WITH RESPECT TO ALL WORK PERFORMED BY AND ON BEHALF OF THE PRIMARY AND NON-CONTRIBUTORY INSURANCE TO THE EXTENT THAT A CLAIM ARISES FROM THE NEGLIGENCE OF SIEMENS INDUSTRY, INC. OR ITS � NAMED INSURED, SIEMENS INDUSTRY, INC. FOR CERTIFICATE HOLDER UNDER CONTRACT. � � RE: JOB NO. N/A� ORANGE COUNTY, ITS OFFICERS, OFFICIAL AGENTS AND EMPLOYEES ARE INCLUDED AS ADDITIONAL INSURED UNDER THE ABOVE REFERENCED GENERAL THE CERTIFICATE HOLDER UP TO 60 DAYS PRIOR TO THE CANCELLATION OR AS REQUIRED BY WRITTEN CONTRACT, WHICHEVER IS LESS. � UMBRELLA IS FOLLOW FORM OF PRIMARY SUBJECT TO POLICY TERMS, CONDITIONS AND EXCLUSIONS. � 2 Morristown Certificate of Liability Insurance � � 25 LIABILITY AND AUTOMOBILE LIABILITY INSURANCE POLICIES AND THE COVERAGE AFFORDED THE ADDITIONAL INSURED UNDER THESE POLICIES SHALL BE IF THESE POLICIES ARE CANCELLED FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM, THE INSURER WILL DELIVER NOTICE OF CANCELLATION TO 1000 DEERFIELD PARKWAY� SIEMENS INDUSTRY, INC.� BUFFALO GROVE, IL 60089-4513 2 CN102147003 DocuSign Envelope ID: F1274CE7-87E2-472B-80D7-92EE123F3A5E