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HomeMy WebLinkAbout2014-582-E AMS - Environmental Holdings Group, LLC to perform asbestos abatement at Cedar Grove Community Center $10,600DocuSign Envelope ID: 7942E26C- 5317 - 4498- 8A08- B026EF44388A [Departmental Use Only] TITLE Asbestos Abatement- Cedar Grove Community Center FY 2015 ORANGE COUNTY CONTRACT UNDER $15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 1st day of December, 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 Environmental Holdings Group, LLC (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: perform asbestos abatement at Cedar Grove Community Center, per provided quote. The term of this agreement rendered shall be from December 1, 2014 to January 31, 2015. 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. Payment: 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 ten thousand six hundred dollars, ($10,600). 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 contractor 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 10/14 DocuSign Envelope ID: 7942E26C- 5317 - 4498- 8A08- B026EF44388A 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 littp:Horangecouniync.gov/purchasing/contracts.asp). nc .gov /purchasing/contracts.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. Indemni : 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 and Signatures: 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. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. 8. Priori 1y: In determining the basic services to be provided, should any documents be referenced in or attached to 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. 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or non - performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 11. 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 10/14 2 DocuSign Envelope ID: 7942E26C- 5317 - 4498- 8A08- B026EF44388A IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. O f ,T1TY PROVIDER �,t� DocuSigned by: By: J By: (,� rN.SSILL, C in,c A SUf �i�nfc,v�.�,un�- �ssEan... Coun anager 8490A780CE83418... 200 S. Cameron St. Environmental Holdings Group, LLC P.O. Box 8181 190 Kitty Hawk Drive Hillsborough, NC 27278 Morrisville, NC 27560 Revised 10/14 DocuSign Envelope ID: 7942E26C- 5317 - 4498- 8A08- B026EF44388A 627 -G Minuet Lane, Charlotte, NC 28217 Phone: (704) 527 -2018 Fax: (704) 527 -2019 PROPOSAL PROPOSAL SUBMITTED TO: CUST. PHONE DATE Wayne Fenton 919 - 245 -2628 11/7/2014 COMPANY JOB NAME Orange County Orange County Cedar Grove STREET JOB LOCATION 131 West Margaret Lane 5800 Hwy 86 North, Hillsborough, NC CITY,STATE, AND ZIP CODE EHG PROPOSAL NO. Hillsborough, NC 27278 65 -14 -6420 Revised We hereby submit specifications and estimates for: 1. Perform asbestos abatement of Floor Tile and Mastic in Dining Room 2540 SF and Laundry 305 SF. Perform asbestos abatement of 31 If of pipe insulation in Kitchen. Perform Hepa Vacumn Cleaning of Coal dust in Coal Bin. 2. Work is to be performed per NC -DHHS, EPA and OSHA rules and regulations. 3. We utilized quantities as indicated within the scope of work. 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. Our Pricing includes a third party air clearance following completion. 5. Asbestos containing materials located within in- accessible locations shall be charged in addition to this work. 6. Removal of all furniture and miscellaneous debris as well as disposal of such debris, prior to our start of work. 7. All work expected to take 4 calendar days. 8. Our pricing include permit fees as required for asbestos removal activities as required by the applicable authorities 9. Pricing includes the following insurance coverage: A. 10 Million General Liability & Environmental Pollution Umbrella B. 1 Million Workmen's Comp C. 1 Million Automobile We Propose hereby to furnish material and labor - complete In accordance with above specifications, for the sum of: TenThousandSixHundredDollars &00/100 Dollars ($ 10,600.00 ) Payment to be made as follows: I 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 Lf manner according to standard practices. Any alterations or deviation from above Signature O specifications involving extra costs will be executed only upon written orders, and Name: Chip Roussel will become an extra charge over and above the estimate. All agreements contingent Title: General Superintendent 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: 1000a ACORO CERTIFICATE OF LIABILITY INSURANCE DATE 11/20/2014 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 Commercial Lines - (919) 676 -8834 Wells Fargo Insurance Services USA, Inc. CONTACT Phyllis White PHONE Ext : 819.334.2634 FA/C No AX 877.506.0509 A/C No E-MAIL h Ills white wellsfar o.com ADDRESS: P Y @ g INSURERS AFFORDING COVERAGE NAIC N 8540 Colonnade Center Drive, Suite 111 Raleigh, NC 27615 INSURER A: Nautilus Insurance Company 17370 INSURED INSURER 13: 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: Contract Pollution INSURER F Morrisville, NC 27560 COVERAGES CERTIFICATE NUMBER: 2541 t5LUU 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 LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DD/YYYY LIMITS A )( COMMERCIAL GENERAL LIABILITY CLAIMS -MADE N OCCUR ECPO150598316 09/30/2014 09/30/2015 EACH OCCURRENCE $ 1,000,000 DAMAGE ( RENTED PREMISES Ea occurrence $ 300,000 X MED EXP (Any one person) $ 5,000 Contract Pollution X XCU, Contractual PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 1,000,000 POLICY X PRO LOC JECT PRODUCTS - COMP /OP AGG $ 1,000,000 Deductible $ 5,000 OTHER: B AUTOMOBILE LIABILITY BAP150598516 9/30/2014 9/30/2015 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 x BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED AUTOS X NON -OWNED AUTOS $1,000 Comp /Coll Ded. $ A UMBRELLA LIAB x OCCUR FFX150598616 09/30/2014 09/30/2015 EACH OCCURRENCE $ 10,000,000 X AGGREGATE $ 10,000,000 EXCESS LIAB CLAIMS -MADE DED I x RETENTION $ 10,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE YIN OFFICER /MEMBER EXCLUDED? N] (Mandatory in NH) N/A X WCA150598416 9/30/2014 9/30/2015 x aRH STATUTE $0 Retention E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Rented /Leased Equipment 22UUMJC1697 09/30/2014 09/30/2015 $380,000 each item: $600,000 Total DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Re: Projects -Cedar Park Grove Floor Tile Demolition -Cedar Park Grove Window Abatement CERTIFICATE HOLDER CANCELLATION Orange County PO Box 8181 Hillsborough, NC 27278 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE The ACORD name and logo are registered marks of ACORD ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) DocuSign Envelope ID: 7942E26C- 5317 - 4498- 8A08- B026EF44388A SID:8418200 Certificate of Insurance (Con't) OTHER Coverage INSR TYPE OF INSURANCE LTR ADDL WVD POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE INSR SUBR (MM /DD/YY) (MM /DD/YY) LIMIT D Crime /Employee Theft 82108748 09/30/2014 09/30/2015 $1,000,000 A Professional Liability ECP0150598316 09/30/2014 09/30/2015 $1,000,000 A Pollution Liability ECP0150598316 9/30/2014 9/30/2015 $1,000,000 Limit/$10,000 Retention