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HomeMy WebLinkAbout2014-135 AMS - Penta Engineering Group, Inc. for Survey for asbestos containing materials at Whitted Building ,4 wi s [Departmental Use Only] TITLE Whiffed -Abestos FY 2013-14 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 3rd day of February, 2014, ("Effective Date")by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Penta Engineering Group, Inc. (the "Provider"),party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement,time being of the essence: The services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: as outlined in the attached "proposal for Survey for Asbestos- containing Materials at the Whitted Building "A" - 0 Floor Renovation - 300 W. Tryon Street, Hillsborough,NC dated January 20,2014 The term of this agreement rendered shall be from February 3,2014 to February 28,2014. 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 to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities,mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS 1. Pam: The County agrees to pay at the rates specified for Services, satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed One Thousand Nine Hundred and Fifty Dollars, ($1950.00). Payment shall be made within thirty(30) days of an invoice properly submitted to County. 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 work to be performed until such time as said work is completed. 2. Non—waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same,nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent Provider, and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may Revised 9/13 1 be required by Owner'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 hitp://oran ecotm nc.goy/purcliasing/gggh cts.asp). If Owner'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 Owner's Risk Manager. 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider. 6. Termination:This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. 7. 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 in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. 8. Priori 1y: In determining the basic services to be provided, should any documents be referenced in this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. 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 anti-discrimination laws. Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter into a contract with a contractor unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Provider's breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 10. 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 and 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 and non-appropriation of public funds. [SIGNATURE PAGE TO FOLLOW] Revised 9/13 2 IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE 7T T )j) PROVIDER (� By: By: u ana er Title: i n L z rte[ 200 S. Cameron St. Penta Facilities Group,Inc. P.O.Box 8181 267 Timber Drive,#1070 Hillsborough,NC 27278 Garner,NC 27529 This instrument has been approved as to technical content. Jeffrey Th pson,Department Director 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 This instrument has been approved as to form and legal sufficiency. Office of C n ttomey Revised 9113 3 *RE/VTA FACILITIES GROUP, INC. January 20,2014 Mr.Wayne Fenton Orange County Government 131 West Margaret Lane,P.O. Box 8181 Hillsborough,North Carolina 27278 Subject: Proposal for Survey for Asbestos-Containing Materials Whitted Building A—V Floor Renovation 300 West Tryon Street Hillsborough,North Carolina PENTA Proposal Number P14-7-1839 Dear Mr. Fenton: PENTA Facilities Group, Inc, (PENTA) is pleased to present this proposal to provide services to Orange County to perform a survey for asbestos-containing materials (ACM)for the Whitted Building A V Floor renovation project in Hillsborough, North Carolina. This proposal presents the scope of our proposed services as requested by Mr.Paul Sorrell of Orange County. This proposal also presents our understanding of the project information,schedule,fee information,and the authorization requirements. PROJECT BACKGROUND It is our understanding that renovations of the 15`Floor of the building,which consists primarily of office areas, former library areas, and restrooms, are planned and that a survey for ACM is needed of the areas of the building scheduled for renovation. Based on a site visit with Mr. Sorrell and cursory review of the project drawings provided to us, it appears that the renovation work generally includes the removal of selected drywall partitions, areas of floor coverings, sections of duct work, areas of suspended ceiling panels, and selected areas of piping on the V Floor and/or in the attic above the I" Floor. It is our understanding that access to these areas of the building will be provided to us by Orange County. PROPOSED SCOPE OF SERVICES PENTA proposes to provide a NC-accredited asbestos inspector to perform an asbestos survey within areas of the building that are made accessible to us. The survey will begin with a walk-through of the renovation areas of the building to document the presence of suspect ACM. PENTA will collect representative samples of homogeneous areas of suspect ACltii observed,document general locations of the suspect ACM,and field- estimate quantities of the suspect materials. Samples will be sealed in airtight containers, labeled, and delivered to a NVLAP accredited laboratory, for analysis by the EPA-recommended method of Polarized Light Microscopy(PLM) coupled with dispersion staining. PLM is the only analytical method presently used to identify asbestos that considers the optical crystallographic properties that are unique to the individual crystalline forms, and therefore can be used to identify the different asbestos mineral types: cluysotile, amosite, crocidolite, anthophyllite, tremolite and actinolite. Samples will be analyzed to the first positive result for each homogeneous material sampled. PENTA estimates collecting up to 35 bulk samples of suspect ACM during this survey. 267 Timber Orive, #1070 Garner, NC 27525 Phone: 678-282-1 968 Fax: 678-282-1 893 Call: 919-455-0212 www.pentseng.com Whined Building A I"Floor Renovation—Asbestos Survey January 2014 PENTA Proposal No.PI4-7-1839 Page 2 oft A report of our findings presenting the results of our sampling and laboratory analysis will be provided. SCHEDULE PENTA is prepared to initiate the survey at a mutually agreeable time upon authorization. We anticipate a total of approximately one day to complete the field work depending on building access. We anticipate laboratory results to be available within two days following completion of field activities. PENTA will submit a report of our survey findings and sample results within three business days following our receipt of laboratory results. PROPOSED COST OF SERVICES The following costs are based upon providing the services outlined above on a hump sum basis. The fees for providing the asbestos survey services are listed below: Asbestos Survey and Report $1,950 This fee includes the collection and analysis of up to 35 bulk samples of suspect ACM; if additional samples are required to meet the project intent, a unit rate of$15 per sample will be charged. We will obtain your approval prior to analysis of the additional samples. AUTHORIZATION It is our understanding that Orange County will provide us with a contract to execute followed by a purchase order authorizing the work. We appreciate your consideration of PENTA to perform these services, and look forward to working with you on this and future projects. If you have any questions.conceming this proposal,please contact us. Sincerely, PENTA FACILITIES GROUP,INC Dan n D.W.E. r., 4W. W P.E.Nish permission Project Manager/Senior Engineer Principal Engineer I PENTA-3 OP ID:AC CERTIFICATE OF LIABILITY INSURANCE DA 01/2 212 0 1 4Y) 01/2212014 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(les)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 Angle Cooper Lloyd Pro Group nc.-Duluth NAME: 2675 Breckinridge Blvd Ste 100 PHONE 678-812-8589 Aic No):770-814-7187 Duluth,GA 30096 E-MAIL Angie Cooper ADDREss•certificates@lloydprogroup.com INSURERS AFFORDING COVERAGE NAIC A INSURERA:Nationwide Mutual Insurance Co 23787 INSURED PENTA Engineering Group,Inc. INSURER B:Nationwide Mutual Fire Ins Co 23779 PENTA Facilities Group,Inc 4000 Miller Court West INSURERC:Hartford Casualty Insurance Co Norcross,GA 30071 INSURER D:Lloyds Of London INSURER E:Hanover Insurance Co 22292 INSURER F; COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 CY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER M D LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 DAMAGE TO RENTED D X COMMERCIAL GENERAL LIABILITY PGIARK02534.01 12/31/2013 12/31/2014 PREMISE Es occurrence $ 300,00 't CLAIMS-MADE FX_1 OCCUR MED EXP(Any one arson $ 1,00 A ACPBPOM2316940183-OFFICE 12/31/2013 12/31/2014 PERSONAL B ACV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 2,000,00 X 2.0i POLICY LOC $ 1 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT l Ea ecddent 1,000,00 D ANY AUTO PGIARK02634-01 12/31/2013 12/31/2014 BODILY INJURY(Per person) $ AUTOOSNEO AUTOSULED BODILY INJURY(Per aoddenq $ X MIRED AUTOS X NON-OWNED DAMAGE ` AUTOS PER ACC D $ S X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,00 I B EXCESS LIAB CLAIMS-MADE ACPCAF2315940183 12/31/2013 12/31/2014 AGGREGATE $ DIED I X I RETENTION O 1 1 1 $ s WORKERS COMPENSATION X VoC STATU- 0TH- AND EMPLOYERS'LIABILITY YIN 11 C ANY PROPRIETOR/PARTNER/EXECUTIVE 20WEC5478KU 12131/2013 12/3112014 E.L.EACH ACCIDENT $ 1,000,00 OFFICERIMEMBER EXCLUDED? NIA LOYE G (Mandatory lnNH) E.L.DISEASE-EA EMP $ 1,000,00 I H yes,descdbe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 5 1,000,00 i D Professional Lla. PGIAKRK02534-01 12/31/2013 12/31/2014 EachClalm 2,000,00 Aggregate 2,000,00 i DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) I i l CERTIFICATE HOLDER CANCELLATION ORANGEC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE F THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Orange County ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 Hillsborough,NC 27278 AUTHORIZED REPRESENTATIVE �deA ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD