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HomeMy WebLinkAbout2024-515-E-AMS-MBP Carolinas- Southern Human Services – Additional Commissioning ServicesRevised 01/24 NORTH CAROLINA CONTRACT AMENDMENT ORANGE COUNTY THIS CONTRACT AMENDMENT (“Amendment”) is made and entered into this 18th day of August 2024 by and between ORANGE COUNTY (hereinafter referred to as “County”) and MBP Carolina, Inc. (hereinafter referred to as “Provider”). WITNESSETH: THAT WHEREAS, the County and Provider entered into a contract dated February 17, 2023, (hereinafter the “Original Agreement”), for the provision of services for Southern Human Services Center Roof and HVAC Renovations Construction Phase Commissioning; 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: Additional Commissioning Services 3. Article 5, Section “a” is amended to reflect a maximum payable not-to-exceed amount of Eighty-Two Thousand, Nine Hundred Eighty-Seven Dollars ($82,987.00). 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 ______________________________ __________________________________ Travis Myren Jim Waldrep County Manager Senior Commissioning Project Manager Docusign Envelope ID: FA1878AB-D9A0-437D-AAAB-A7D33A96CC56 8/19/20248/29/2024 Revised 01/24 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: MBP Carolinas, Inc. Vendor Contact Person: Jim Waldrep (jwaldrep@mbpce.com) Phone: 919.875.0124 Address: 4700 Falls of Neuse Road, Suite 370 City Raleigh State: NC Zip: 27609 Department: AMS Amount: Change Order 02 to ADD $6,987.00 Purpose: Southern Human Services – Additional Commissioning Services Budget Code(s): 61370035-800000-30018 Vendor # 67468 Vendor Status with NCSOS: Current - Active Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: 02/17/2023) (Most Recent Amendment 11/22/2023) Effective Date 02/17/2023 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: 30018) 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: FA1878AB-D9A0-437D-AAAB-A7D33A96CC56 8/20/2024 8/20/2024 8/29/2024 8/29/2024 Revised 01/24 Docusign Envelope ID: FA1878AB-D9A0-437D-AAAB-A7D33A96CC56 4700 Falls of Neuse Road | Raleigh, North Carolina 27609 | 919-875-0124 - Local | www.mbpce.com June 18, 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: Southern Human Services Center Roof and HVAC Renovations Proposal for Additional Commissioning Services Dear Ms. Barnes From January of 2024 through June of 2024, MBP performed on-site functional performance testing (FPT) and conducted TAB verification for the primary and secondary HVAC systems at the facility. Stephen Cressionnie, CBCP, conducted and witnessed these tests. Several issues have led to significant delays in testing and verification, prompting the need for a change order. The core problems center around challenges with personnel proficiency and a lack of internal quality control. Below is a summary of the causes for the delays: 1. Lack of Personnel Proficiency: It appears that the personnel provided for FPT support lacked the necessary expertise. On multiple occasions, the contractor was not able to demonstrate (in a timely manner) various features or functions of the system. Additionally, outside support was required to resolve some of the issues identified during testing. These shortcomings have resulted in a delay in the planned completion of the RTUs and VAVs. 2. Lack of Internal Quality Control: It appears that no quality control checks have been performed to verify functionality of equipment and sequences prior to MBP’s arrival on-site. 3. Errors and inconsistencies in documentation with results that were not repeatable given the same conditions. 4. Issues Log Updates: Issues in the Cx Issues Log have been updated to “Complete – Ready for Review,” but were found to be unchanged or have only been partially addressed. MBP has had to revisit issues multiple times to achieve closure. REQUESTED AMENDMENT 2 For the increased amount of time required to complete testing and verification on this project, MBP requests an amendment to our contract on an hourly basis at a rate of $205.50. Estimated time to complete testing and back checks for the remaining systems 34 hours. Total requested contract modification for these additional services is as follows: • Budgeted hours to complete FPT: 58 hours • Budgeted hours to review TAB reports: 14 hours • Budgeted hours to complete TAB verification: 20 hours Docusign Envelope ID: FA1878AB-D9A0-437D-AAAB-A7D33A96CC56 Ms. Angel Barnes June 18, 2024 Page 2 of 2 MBP 4700 Falls of Neuse Road | Raleigh, North Carolina 27609 | 919-875-0124 - Local | www.mbpce.com • FPT hours completed to date: 55 hours • TAB related hours completed to date: 35 hours • Estimated hours to complete FPT: 24 hours • Estimated hours to complete TAB verification/reviews: 12 hours • Total additional hours this amendment request: 34 hours • Total value of additional hours: $6,987.00 All services were performed in accordance with the executed agreement MBP Carolina, Inc. Commissioning Contract dated February 17, 2023. Should you have any questions regarding this supplement request or require anything additional, please feel free to contact me directly at 919-996-9381 or jwaldrep@mbpce.com. Sincerely, Jim Waldrep, CCP, EBCP, ACEM Service Line Manager/Senior Project Manager cc: Stephen Cressionnie, MBP File: J23035.000 Docusign Envelope ID: FA1878AB-D9A0-437D-AAAB-A7D33A96CC56 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 8/8/2024 Edgewood Partners Insurance Agency 3780 Mansell Rd.Suite 370 Alpharetta GA 30022 Greyling COI Specialist 770.670.5324 770.670.5324 greylingcerts@greyling.com The Phoenix Insurance Company 25623 MCDOBOL Travelers Property Casualty Co of Amer 25674MBPCarolinasInc. 4700 Falls of Neuse Road Suite 370 Raleigh NC 27609 Travelers Casualty and Surety Company 19038 The Travelers Indemnity Company 25658 147937884 A X 1,000,000 X 300,000 10,000 1,000,000 5,000,000 X P6308195B134PHX24 3/31/2024 3/31/2025 2,000,000 D 1,000,000 X 8101Y3612272443G 3/31/2024 3/31/2025 B X X 5,000,000CUP1Y36506624433/31/2024 3/31/2025 5,000,000 X 10,000 C X N UB1Y3625132443G 3/31/2024 3/31/2025 1,000,000 1,000,000 1,000,000 Job No.J23035.001 /Orange County Southern Human Services Center,2501 Homestead Rd,Chapel Hill,NC.27516. Orange County,North Carolina is named as an Additional Insured on the above referenced liability policies with the exception of workers compensation where required by written contract. Orange County,North Carolina Attn:Angel Barnes 300 West Tryon Street Building B,3rd Floor,Office 10 Hillsborough NC 27278 Docusign Envelope ID: FA1878AB-D9A0-437D-AAAB-A7D33A96CC56 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 8/8/2024 (703) 827-2277 (703) 827-2279 20443 McDonough Bolyard Peck, Inc. 2600 Park Tower Drive Suite 801 Vienna, VA 22180 A Professional MCH114065775 7/30/2024 Per Claim 5,000,000 A Liability MCH114065775 7/30/2024 7/30/2025 Aggregate 10,000,000 re: NO.: J23035.001, Orange County Southern Human Services Center, 2501 Homestead Rd, Chapel Hill, NC. 27516 30-day Notice of Cancellation will be issued for the Professional Liability coverage in accordance with policy terms and conditions. Orange County, North Carolina 300 West Tryon Street Building B, 3rd Floor, Office 10 Hillsborough, NC 27278 MCDOBOL-01 RJONES Ames & Gough 8300 Greensboro Drive Suite 980 McLean, VA 22102 admin@amesgough.com Continental Casualty Company (CNA) A, XV 7/30/2025 Docusign Envelope ID: FA1878AB-D9A0-437D-AAAB-A7D33A96CC56