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HomeMy WebLinkAbout2013-216 AMS - Environmental Holding Group for Abatement of TSI from the Jail 1st floor $3,000 NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$25,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 8th day of July, 2013 by and between Orange County, North Carolina (hereinafter the "Owner") party of the first part; and Environmental Holdings Group, LLC (hereinafter the "Contractor"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the Owner hereby contracts for the construction services of the Contractor, and the Contractor agrees to provide the construction services to the Owner in accordance with the terms of this Agreement. 1. TERM Beginning and ending dates of contract: July 8, 2013 through July 31t, 2013. The Project Commencement Date shall be July 8, 2013. 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: Three Thousand Dollars ($3,000.00) 3. SERVICES Contractor agrees to provide the following construction services (the "Work"): Abatement of TSI from the Jail - 1St floor as outlined in the attached proposal#13-65-5501 dated 5/23/13. Contractor shall not sub-contract all or any part of the construction services provided for in this Agreement without prior written approval of the Owner. Contractor shall be responsible for all errors or omissions, in the performance of the Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to Owner. 4. PAYMENT Contractor shall submit an invoice for construction services provided. The invoice shall contain Contractor's name and federal tax identification number and shall be signed and dated by an officer of Contractor. It shall detail all construction services provided in payment requests. The Owner will make payments to Contractor within thirty (30) days after receipt of and approval of the invoice by the contracting department. In the event the amount stated on an invoice is disputed by Owner, then Owner may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. In addition, should Contractor fail to perform its duties under the terms of this Agreement, Owner may, without fault or penalty, withhold any payment associated with the Work to be performed until such time as said work is completed. 5. RELATIONSHIP OF PARTIES Contractor is an independent Contractor of the Owner. Contractor represents that it has or will secure, at its own expense, all personnel required in performing the construction services Revised November 2011 1 ti under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the Owner. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized or permitted under state and local law to perform such construction services. It is further agreed that Contractor will obey all State and Federal statutes, rules and regulations which are applicable to provisions of the construction services called for herein. Neither Contractor nor any employee of the Contractor shall be deemed an officer, employee or agent of the Owner. 6. TERMINATION This Agreement may be terminated by Contractor upon thirty (30) days' written notice to the Owner, and the Owner may terminate this agreement upon thirty (30) days' written notice to Contractor. 7. INSURANCE REQUIREMENTS Contractor shall obtain, at its sole expense, all insurance as required in the Owner's risk management policy and shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. Such insurance shall name the Owner as Additional Insured under both General Liability and Auto Liability policies. 8. INDEMNIFICATION Contractor agrees to defend, indemnify, save and protect Owner and Owner's lender, if any, harmless from and against any and all claims, liens, liabilities, losses, damages, causes of action, and expenses (including court costs and reasonable attorney's fees related thereto) arising out of, in connection with, or resulting from any negligence, act or failure to act by the Contractor, the Contractor's agents, assigns or employees related to the Work. It is the intent of this section to require Contractor to indemnify the Owner to the extent permitted under North Carolina law. 9. NON-ASSIGNMENT Contractor shall not assign all or any part of this Agreement, including rights to payments, to any other party without the prior written consent of the Owner. 10. NON—APPROPRIATION Contractor acknowledges that Owner 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 and not appropriated for the performance of Owner's obligations under this Agreement, then this Agreement shall automatically expire without penalty to Owner immediately upon written notice to Contractor of the unavailability and non-appropriation of public funds. It is expressly agreed that Owner shall not activate this non- appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the Owner's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects Revised November 2011 2 I Owner's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to Owner upon written notice to Contractor of such limitation or change in Owner's legal authority. 11. ENTIRE AGREEMENT The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified by a written amendment to this Agreement signed by the parties. Modifications may be evidenced by telefacsimile signatures. 12. GOVERNING LAW Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and any action brought under this Agreement shall be brought in the General Court of Justice of the State of North Carolina in Orange County. IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. ORANGE COUNTY CONTRACTOR By By ar Frank Clifton, anager EGH 200 S. Cameron t. 190 Kitty Hawk Drive P.O. Box 8181 � Morrisville,NC 27560 Hillsborough,NC 27278 This instrument has been approved as to technical content. Jeffrey Tho p on, Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Office of the Finance Officer This instrum has been approved as to legal form and sufficiency. Offi e of the County Attorney Revised November 2011 3 EHG PROPOSAL 190 Kitty Hawk Drive Morrisville,NC 27560•Ph: 919-544-67509 Fax: 919-544-6790 PROPOSAL SUBMITTED TO: CUST.PHONE DATE Mr.Wayne Fenton 919.201.6745 5/23/2013 COMPANY JOB NAME Orange County Public Works Ora:hqe.County Old Jailhouse-1st Floor STREET JOB LOCATION 129 E. King Street Hillsborough, NC CITY,STATE,AND ZIP CODE EHG PROPOSAL NO. Hillsborou h,NC 27278 13-65-5501 We hereby submit specifications and estimates for: 1. To provide labor,equipment and supplies necessary for the abatement of TSI from the above location. 2. Work is to be performed per NC-DHHS, EPA and OSHA rules and regulations. 3. Price is based upon removal of approximately 600 sf.in a non-friable manner. 4. We have assumed the following: A. Power can still be obtained at the site. If not additional fees to be charged. B. Water can be obtained on site. If not additional fees to be charged. C. EHG will demo plaster walls to access pipe. Pricing excludes repair of walls. D. Our pricing excludes third party air monitoring. This can be provided for an additional charge. E. Based on removal of approximately 100 If of covered TSI. 5. Asbestos containing materials located within in-accessible locations shall be charged in addition to this work. 6. We have assumed others will have removed all equipment in work area prior to our start. 7. All work expected to be completed in 2 working days. binder lJji lc.. cor ) We Propose hereby to furnish material and labor-complete in accordance with above specifications,for the sum of: Three Thousand Dollars ($ 3,000.00 ) Payment to be made as follows: Net 30 In the event payments are not made as outlined herein,the undersigned agrees to pay all costs of collection and attorneys fees incurred by Environmental Holdings Group,LLC. (� All material is guaranteed to be specified. All work to be completed in a workmanlike Authorized C manner according to standard practices. Any alterations or deviation from above Signature J///ll CCCJJJ specifications involving extra costs will be executed only upon written orders,and Name: Brian Sanders will become an extra charge over and above the estimate. All agreements contingent Title: Project Manager upon strikes,accidents or delays beyond our control. Owner to carry fire,tornado and other necessary insurance.Our workers are fully covered by Workman's Compen- NOTE: This proposal may be station Insurance. Owner agrees to supply Environmental Holdings Group,LLC with 110 withdrawn by us If not accepted volt power and water to complete the cleaning process. within 30 days. Acceptance of Proposal- The above prices,specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Name: Date of Acceptance: Signature: 186591 DATE(MM/DD/YYYY) AC(:>.R° CERTIFICATE OF LIABILITY INSURANCE 6/19/2013 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 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). PRODUCER CONTACT Phyllis White NAME: y Commercial Lines-(919)676-8834 PHONE 919.334.2634 FAX A/C No 919.676.3307 Wells Fargo Insurance Services USA,Inc. E-MAIL . wesar ADDRESS: p h Iliswhite lifo.com y @ g 8540 Colonnade Center Drive,Suite 111 INSURERS AFFORDING COVERAGE NAIC# Raleigh,NC 27615 INSURERA: Nautilus Insurance Company 17370 INSURED INSURER B: Great Divide Insurance Company 25224 Environmental Holdings Group,LLC INSURER C: Hartford Fire Insurance Company 19682 190 Kitty Hawk Drive INSURER D: Federal Insurance Company 20281 INSURER E: Morrisville,NC 27560 INSURER F: COVERAGES CERTIFICATE NUMBER: 6214716 REVISION NUMBER: See below 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. INSR ryPE OF INSURANCE ADDL SUBR POLICY NUMBER MOL POLICY EFF MM%DDS LIMITS LTR A GENERAL LIABILITY ECP0150598314 09/30/2012 09/30/2013 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 300,000 CLAIMS-MADE a OCCUR MED EXP(Any one person) $ 5,000 X Contract Pollution PERSONAL&ADV INJURY $ 1,000,000 X XCU,Contractual GENERAL AGGREGATE $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 1,000,000 POLICY X PRO LOC Deductible $ 5,000 B AUTOMOBILE LIABILITY BAP150598514 9/30/2012 9/30/2013 Ea ecod'ntSINGLE LIMIT 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS Per accident I $ $1,000 Comp/Coll Ded. $ A UMBRELLA LIAB x OCCUR FFX150598614 09/30/2012 09/30/2013 EACH OCCURRENCE $ 10,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED I x I RETENTION$ 10,000 $ WORKERS COMPENSATION X WC STATU- OR 1- $0 Retention B AND EMPLOYERS'LIABILITY YIN WCA150598414 9/30/2012 9/30/2013 Y LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑N NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Rented/Leased Equipment 22UUMJC1697 0913012012 09/30/2013 $380,000 each item;$600,000 Total DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Project:Orange County Jail Orange County Asset Management Services is named as additional insured as respect General Liability if required by written contract. CERTIFICATE HOLDER CANCELLATION Orange County Asset Management Services SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 131 W.Margaret Lane THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 9 ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough,NC 27278 AUTHORIZED REPRESENTATIVE The ACORD name and logo are registered marks of ACORD ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05)