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HomeMy WebLinkAbout2019-595-E AMS - Sasser Companies Atrium containment and air scrubbers DocuSign Envelope ID:62BC4051-D5C6-4DE2-B4D5-935B755BA337 [Departmental Use Only] TITLE Atrium Remediation FY 19-20 ORANGE COUNTY CONTRACT UNDER$5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 26th day of August, 202019, ("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 Sasser Companies, 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 and/or construction (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Provide and install Two (2) HEPA equipped air scrubbers have been sized and placed within the affected area. Two containment walls/doors equipped with zippers and do not enter signs have been placed. Two (2)man crew to bag/wrap and seal all foam play mats. Mats to be safely removed from within the facility,transported back constractor's storage facility, and stored, awaiting directions on cleaning the foam mats or disposing them and clean the affected area of flooring with an approved antimicrobial and antibacterial. The term of this agreement rendered shall be from August 26, 2019 to September 30,2019. 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 I. 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 Three Thousand, One Hundred Seventy-Five Dollars , ($3,175.00). 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 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. Revised 12/18 1 DocuSign Envelope ID:62BC4051-D5C6-4DE2-B4D5-935B755BA337 4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by County'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 http://www.orangecountync.gov/departments/purchasing division/contracts.php). If County's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here 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 County's Risk Manager. 5. Indemni : The Provider agrees, without limitation, 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 in carrying out Provider's duties and obligations related to the Services to be provided in this Agreement. 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. County may suspend this Agreement upon reasonable notice to 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. Modifications may be evidenced by telefacsimile signature. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and Priority: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and Orange County. 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 state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Non- Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at htip://www.oran eg countpc. og v/departments/purchasing_division/contracts.php.). Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 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. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. If such mediation fails either party may initiate litigation to resolve the Revised 12/18 2 DocuSign Envelope ID:62BC4051-D5C6-4DE2-B4D5-935B755BA337 dispute. 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. 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. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER B s} amj. 9/3/2019 B 8/26/2019 �w$ass+^ y �oo=usl""" y, RPresicrent Department Director Title: 200 S. Cameron St. Sasser Companies,Inc P.O. Box 8181 PO Box 10 Hillsborough,NC 27278 Whittset,NC ,27377 Revised 12/18 3 DocuSign Envelope ID:62BC4051-D5C6-4DE2-B4D5-935B755BA337 Angel Barnes From: Travis Myren Sent: Thursday, August 22, 2019 11:49 AM To: Angel Barnes Cc: Steven Arndt;Alisa Cornetto Subject: Re: Department of Social Services Hillsborough Commons Categories: Yellow Category That's fine while we figure out what we are dealing with. Thanks, Travis On Aug 22, 2019, at 11:30 AM, Angel Barnes <abarnes@oran eg countync.gov> wrote: Hi Travis, We have found potential organic or bacterial growth within the atrium of Hillsborough Commons. I am requesting your approval to bring Sasser Companies in without a contract to contain the area and place air scrubbers until we can get the results from ESG for potential remediation. This is an urgent request due to the potential health hazards to occupants and children. Thank you, Angel Angel Barnes I Capital Projects Manager I Orange County Asset Management Services 1131 West Margaret Lane I Hillsborough, NC 27278 I (919) 245.2628 (direct) I (919) 610.8182 (mobile) Iwww.oran eg countync.gov 1 DocuSign Envelope ID:62BC4051-D5C6-4DE2-B4D5-935B755BA337 S2=-AdPJFA riser Sasser Companies Restoration &Remediation Specialists 7237 Pace Drive Whitsett,NC 27377 Phone: 336-449-1144 Fax: 336-449-1151 Member Restoration Industry Association IICRC Certified Firm Proposal Prepared for: Orange County Department of Social Services 113 Mayo Street Hillsborough,NC 27278 Phone: (336)449-1144 PO Box 10,Whitsett,NC 27377 Fax: (336)449-1151 www.SASSERCOMPANIES.com DocuSign Envelope ID:62BC4051-D5C6-4DE2-B4D5-935B755BA337 S2=—AdPJFA riser 23 August 2019 Attention: Mrs. Angel Barnes Re: Containment/Asbestos Testing/Placement of Equipment/Temporary Cleaning Proposal. Introduction• On Thursday 22 August 2019, Sasser Companies was asked to respond to the Orange County Department of Social Services building, located at 113 Mayo Street, Hillsborough, NC., in reference to placing containments and air scrubbers, due to a roof leak leading to the formation of a possible suspect fungal growth and or bacteria forming. Qualifications of Investigator & Report Preparer: Joe Hedrick Bachelors of Science Business Administration Institute of Inspection,Cleaning&Restoration Certification(IICRC)—Registration# 150719 Applied Microbial Remediation Technician Applied Microbial Remediation Supervisor Odor Control Technician Fire&Smoke Restoration Technician Water Damage Restoration Technician Applied Structural Drying Technician Subfloor and Substrate Inspector Carpet Cleaning Technician Color Repair Technician Upholstery and Fabric Cleaning Technician Health and Safety Equivalent Repair Reinstallation Technician Trauma and Crime Scene Master Water Restorer Master Textile Restorer Master Fire&Smoke Restorer EPA/NC Certified Renovator—NC Renovator Certification#170593 8-Hour Lead Renovation,Repair&Painting Course American Council for Accredited Certification(ACAC)—Certification# 1703006 Certified Indoor Environmentalist South Carolina Department of Health and Environmental Control(SCDHEC) Asbestos Inspector/Consultant-Certification#131-01837 Asbestos Supervisor-Certification#SA-03022 North Carolina Department of Health and Human Services(NCDHHS) Asbestos Inspector-Certification#13139 Asbestos Worker-Certification#74836 Occupational Safety and Health(OSHA) OSHA 10 for General Industry&OSHA 10 for Construction Industry OSHA 30 Subrogation certified—Level 1 &Level 2 Xactimate Level 1 &2/T&M Pro Certification Course Phone: (336)449-1144 PO Box 10,Whitsett,NC 27377 Fax: (336)449-1151 www.SASSERCOMPANIES.com DocuSign Envelope ID:62BC4051-D5C6-4DE2-B4D5-935B755BA337 S2=-AdPJFA riser Background Information: The property located at the above listed address has encountered a water leak from above. The leak affected a children's play area and equipment below. The area has developed a suspect fungal growth and or bacteria on the foam play mats, toys, and pressboard dividing wall. Orange County had already contracted with the Environmental Solutions Group to test to confirm if the suspect fungal growth was a mold,bacteria, or both. Sasser Companies was asked to set HEPA equipped air scrubbers, containments, and postings to remain out of the area. Sasser Companies has been asked to remove the foam play mats, bag/wrap for safe removal, transport off site and to hold them until determination has been made to clean or salvage. Sasser Companies has also been asked to clean the affected area of flooring and treat with an antimicrobial/antibacterial. Proposal: Work Completed: ➢ Two (2) HEPA equipped air scrubbers have been sized and placed within the affected area. ➢ Two containment walls/doors equipped with zippers and do not enter signs have been placed. Work to be Completed: ➢ Two (2) man crew will go back to area to bag/wrap and seal all foam play mats. ➢ Mats will be safely removed from within the facility, transported back to our storage facility, and stored, awaiting directions on cleaning the foam mats or disposing them. ➢ Treat and clean the affected area of flooring with an approved antimicrobial and antibacterial. ➢ Two (2) HEPA equipped air scrubber rental through Wednesday 28 August 2019. PROPOSAL: Sasser Companies is prepared to complete all the above listed work within the "Proposal" section for the price of $3,175.UU. Special Note: The above listed price is for the items within the "Proposal"section of this document only. Any additional work, containments, treatments, remediations, and repairs will be a separate proposal. Phone: (336)449-1144 PO Box 10,whitsett,NC 27377 Fax: (336)449-1151 www.SASSERCOMPANIES.com DocuSign Envelope ID:62BC4051-D5C6-4DE2-B4D5-935B755BA337 ass�r PERSONAL PROTECTIVE EQUIPMENT It is the responsibility of every member of the remediation team to ensure they and all members are in the appropriate level of personal protective equipment as required by OSHA and Sasser Companies. N-95 masks and protective gloves has been confirmed to be adequate levels of personal protective equipment at this point per the direction of Dan Whitaker of the Environmental Solutions Group. Limitations The inspection performed and proposal are specific to the moisture issues present within the affected area of the building and the findings/recommendations from the Environmental Solutions Group. Sasser Companies appreciates the opportunity to have provided you with a proposal for the above listed/requested services. Should you or anyone else have any further questions, comments, or concerns, please contact us directly. We are happy to discuss any further restoration or remediation that might be necessary at your property. Respectfully Submitted, 3 b AN zz�w ww- Joe Hedrick joe(cilsassercompanies.com/Cell:336-214-0673 Sasser Companies Office:844-449-1144/Fax:336-449-1151 7237 Pace Drive I Whitsett.NC 27377 hftp://www.sassercompanies.com �4t ACCROD L° JOSEPH B.HEDRICK BOARDCERTIFIED #703_6 Indoor E Phone: (336)449-1144 PO Box 10,Whitsett,NC 27377 Fax: (336)449-1151 www.SASSERCOMPANIES.com DocuSign Envelope ID:62BC4051-D5C6-4DE2-B4D5-935B755BA337 SASSCOM-01 DEIAKER ,d►C�►e�- CERTIFICATE OF LIABILITY INSURANCE DATE{MMI°DIYYYYJ 02107/2019 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 1S WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rig hts to the certificate holder in lieu of such endorsements). PRODUCER License#1000009384 Co NA TncT Hub International Carolinas PHONE EAx PO Box 939 Arc,No,Ft):(336)228-0541 wc,No:(868)590-4281 Burlington,NC 27216 E--MAIL INSURERS AFFORDING COVERAGE NAICR _ INSURER A:Selective Insurance Company of America 12572 INSURED INSURER B:Accident Fund General Insurance Company .12304 Sasser Companies Inc INSURER C: P 0 Box 10 INSURERD: Whitsett, NC 27377 INSURER E 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 CONTRACTOR 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 TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXPLTR L1AIrT5 A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE l "I OCCUR S 2253759 0210112019 02/01/2020 DAMAGE TO RENTED $00,000 MED EXP(Any one arson s 15,000 PERSONAL&ADV INJURY 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE a 3,000,000 POLICY PE OT LOG PRODUCTS-COMPIOP AGG 3,000,000 OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 x ANY AUTO S 2253759 02/01/2019 02/01/2020 BODILY INJURY Per arson OWNED SCHEDULED AUTOS ONLY AUTOS E BODILY INJURY Per accident AUTOS ONLY Al]TOS ONLY Pea'.'; nt AMAGE S S A )C UMRRELLA UAB x OCCUR EACH OCCURRENCE 10,000,000 EXCESS UAB CLAIMS-MADE S 2253759 02(01/2019 02/01/2020 AGGREGATE 10,000,000 QED RETENTION$ 13 WORKERS COMPENSATION PER 07H AND EMPLOYERS'LIABILITY YIN WCV6139124 02101/2019 0210112020 1,000,000 � ANY PRO PRIETORIPARTNERIEXECuI IVE ❑ NIA E.L EACH ACCIDENT $ QFFIGERIM MBER EXCLUDED? 1'000,000 andatory�n NFi] E-L DISEASE-EA EMPLOYE $ Ifyes,describe under 11000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE"-POLICY LIMIT $ I DESCRIPTION OF OPERATIONS I LOCATIONS r VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Orange County is an additional insured under the General Liability for work performed by the named insured for such additional insured,if required by contract signed by an authorized representative of the named insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange Count THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 9 y ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 Hillsborough,NC 27278 AUTHORIZED REPRESENTATIVE ACORD 25(2018103) 01988.2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD