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HomeMy WebLinkAbout2024-251-E-AMS-MBP Facility Solutions-Emergency Services – Additional Testing per proposalRevised 01/24 NORTH CAROLINA CONTRACT AMENDMENT ORANGE COUNTY THIS CONTRACT AMENDMENT (“Amendment”) is made and entered into this 1st day of May 2024 by and between ORANGE COUNTY (hereinafter referred to as “County”) and MBP Facility Solutions, LLC. (hereinafter referred to as “Provider”). WITNESSETH: THAT WHEREAS, the County and Provider entered into a contract dated September 28, 2022, (hereinafter the “Original Agreement”), for the provision of services for Retro-Commissioning Services for 510 Meadowlands Drive, Hillsborough, NC 27278; and WHEREAS, the County and Provider desire to amend the Original Agreement while keeping in effect all terms and conditions of the Original Agreement not inconsistent with the terms and conditions set forth below. NOW THEREFORE, for and in consideration of the mutual covenants and agreements made herein, the parties agree to amend the Original Agreement as follows: 1. In order to ensure the completion of the Services identified in the term of the Original Agreement is amended to reflect an end date by which all Services shall be completed of June 30, 2025. 2.Exhibit A to the Original Agreement is amended by adding the following tasks and services to the Services to be provided by the Consultant: HPBS will be on site to document the removal of two exterior window assemblies, and additional scope per proposal dated April 19, 2024. 3. Article 5, Section “a” is amended to reflect a maximum payable not-to-exceed amount of Seventy-Six Thousand Two Hundred Dollars ($90,800.00). 4. Except for the changes made herein, the Original Agreement shall remain in full force and effect to the extent it is not inconsistent with this Amendment. In the event there is a conflict between the terms of the Original Agreement and the terms of this Amendment, this Amendment shall control. IN TESTIMONY WHEREOF, this Amendment has been executed by the parties hereto, as of the date first above written. ORANGE COUNTY PROVIDER ______________________________ __________________________________ Bonnie Hammersley Jim Waldrep County Manager Senior Commissioning Project Manager DocuSign Envelope ID: C31453F1-EE3D-411D-BFB5-C8CDBA1A0460 4/29/20245/7/2024 Revised 01/24 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: MBP Facility Solutions, LLC Vendor Contact Person: Jim Waldrep (jwaldrep@mbpce.com) Phone: 919.872.0124 Address: 4700 Falls of Neuse Road, Ste 370 City Raleigh State: NC Zip: 27609 Department: AMS Amount: ADD $14,600 to existing contract for a total of $90,800.00 Purpose: Emergency Services – Additional Testing per proposal Budget Code(s): 61370035-870000-10082 Vendor # 67685 Vendor Status with NCSOS: Current - Active Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: September 28, 2022) (Most Recent Amendment 06/22/23) Effective Date 05/01/2024 End Date 06/30/2025 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: 10082) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement. This agreement is approved as to technical form and content. Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: 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: C31453F1-EE3D-411D-BFB5-C8CDBA1A0460 4/29/2024 5/6/2024 5/7/2024 5/7/2024 MBP Facility Solutions, LLC 4700 Falls of Neuse Road, Suite 370 | Raleigh, North Carolina 27609 | 919-875-0124 - Local | www.mbpce.com April 19, 2024 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 – ES Moisture Cx & Add Proposal for Additional Services Dear Ms. Barnes, MBP Facility Solutions, LLC (MBP-FS) is submitting this proposal to provide additional services to Orange County (the “County” or “Client”) for the ES Moisture Cx & Add project at the Orange County Emergency Services Center (the “Project”). These additional services include inspection during the window assembly repair process (limited to two windows), water infiltration testing of three windows, and a review of building pressure building automation system (BAS) trend data. Inspections and testing will be conducted by High Performance Building Solutions (HPBS). SCOPE OF WORK (SOW) MBP will subcontract with HPBS to complete the inspection and testing scope of work. HPBS SOW: HPBS will be onsite to document the removal of two exterior window assemblies. The inspection will document the sealant joints and attempt to identify the moisture intrusion issues documented previously. HPBS will provide a report after the window removal documenting the findings from the window removal and provide recommendations to repair the windows throughout the building. Three windows will be tested for water infiltration following AAMA 501.2 (Quality Assurance and Diagnostic Water Leakage Field Check of Installed Storefronts, Curtain Walls, and Sloped Glazing Systems). A minimum of one window assembly included in the testing shall be located on the second floor of the building. A lift will be provided by MBP-FS. The Owner will be responsible for removing and replacing any interior gypsum required for the window water testing. Proposal does not include replacement or repair of any gypsum removed during testing. MBP-FS SOW: Provide a lift and operator for spray testing (by HPBS) of window assemblies on the second floor. Review BAS building pressure data to verify that the building is maintaining a positive pressurization offset. This offset helps to prevent moisture infiltration through the building’s envelope. DocuSign Envelope ID: C31453F1-EE3D-411D-BFB5-C8CDBA1A0460 Ms. Angel Barnes April 19, 2024 Page 2 of 2 MBP Facility Solutions, LLC 4700 Falls of Neuse Road, Suite 370 | Raleigh, North Carolina 27609 | 919-875-0124 - Local | www.mbpce.com COMPENSATION MBP-FS will provide the additional scope of work outlined in this Proposal for the fixed price amount of $14,600.00. ADDITIONAL SERVICES Services not expressly identified in this Proposal are not included in the Proposal. Additional services may be provided upon mutual agreement of the parties. This Proposal is valid through May 15, 2024, but is subject to change thereafter and assumes that the scope of work will be completed on or before May 30, 2024. All work will be performed in accordance with the standard terms and conditions of the Services Agreement with effective date of September 28, 2022 between MBP-FS and the County (Agreement). Any agreement or purchase order incorporating this Proposal by reference or using the language contained herein, together with that Agreement shall constitute the entire agreement between MBP-FS and the County for the work described herein and supersedes all prior written and oral understandings which may only be amended, supplemented, modified, and canceled by a duly executed written instrument. We look forward to supporting Orange County’s resolution of its facility performance issues on this important 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: J22196.000 DocuSign Envelope ID: C31453F1-EE3D-411D-BFB5-C8CDBA1A0460 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 4/16/2024 Greyling Ins Brokerage/EPIC 3780 Mansell Rd.Suite 370 Alpharetta GA 30022 Greyling COI Specialist 770.670.5324 770.670.5324 greylincerts@greyling.com The Phoenix Insurance Company 25623 MCDOBOL Travelers Property Casualty Co of Amer 25674MBPFacilitySolutions,LLC 3040 Williams Drive #300 Fairfax,VA 22031 Travelers Casualty and Surety Company 19038 The Travelers Indemnity Company 25658 2142714314 A X 1,000,000 X 300,000 10,000 1,000,000 5,000,000 X Y Y P6308195B134PHX24 3/31/2024 3/31/2025 2,000,000 D 1,000,000 X Y Y 8101Y3612272443G 3/31/2024 3/31/2025 B X 5,000,000YCUP1Y36506624433/31/2024Y 3/31/2025 5,000,000 X 10,000 C X N Y UB1Y3625132443G 3/31/2024 3/31/2025 1,000,000 1,000,000 1,000,000 Re:P23211;Project Name:Northern Campus Detention Center,Orange County,North Carolina. Orange County,its officers,official agents and employees are named as Additional Insureds with respects to General &Automobile Liability where required by written contract.The above referenced liability policies are primary &non-contributory where required by written contract.Waiver of Subrogation is applicable where required by written contract &allowed by law.Umbrella Follows Form with respects to General,Automobile &Employers Liability Policies.Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof,we will endeavor to provide 30 days'written notice (except 10 days for nonpayment of premium)to the Certificate Holder. Orange County 300 West Tryon Street, PO Box 8181 Hillsborough NC 27278 DocuSign Envelope ID: C31453F1-EE3D-411D-BFB5-C8CDBA1A0460 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: 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 COMPENSATIONAND 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 7/26/2023 (703) 827-2277 (703) 827-2279 20443 MBP Carolinas, Inc. 4700 Falls of Neuse Road Suite 370 Raleigh, NC 27609 A Professional Liab. MCH114065775 7/30/2023 Per Claim 5,000,000 A Professional Liab. MCH114065775 7/30/2023 7/30/2024 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 CGIBBONI Ames & Gough8300 Greensboro Drive Suite 980McLean, VA 22102 admin@amesgough.com Continental Casualty Company (CNA) A, XV 7/30/2024 DocuSign Envelope ID: C31453F1-EE3D-411D-BFB5-C8CDBA1A0460