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HomeMy WebLinkAbout2021-482-E-AMS-Sasser Companies-Emergency Services 510 meadlowlands drive warehouse remediation Revised 06/21 1 [Departmental Use Only] TITLE ES WH 10068 Remediation FY 2021-2022 NORTH CAROLINA CONSTRUCTION AGREEMENT UNDER $250,000.00 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter called “Agreement”), made as of the 7th day of September, 2021, by and between Sasser Companies, LLC, (hereinafter called the “Contractor”), and Orange County, a political subdivision of the State of North Carolina, (hereinafter called the “County,” “Orange County,” or “Owner”). W I T N E S S E T H: That the Contractor and the Owner, for the consideration herein named, agree as follows: 1. CONTRACT DOCUMENTS; PRIORITY The Contract Documents consist of this Agreement, the Request for Proposals, Proposal, Construction Drawings, and Written Specifications. The Contract Documents form the Contract. In the event of any inconsistency between or among the Contract Documents the Contract Documents shall be interpreted in the following order of priority: a. This Agreement. b. Designer Approved Bulletins and Field Orders. c. Request for Proposals and addenda thereto. d. Proposal. 2. SCOPE OF WORK The Contractor shall furnish and deliver all of the materials, and perform all of the work required by this Agreement within the time period stipulated in a written Notice-to-Proceed to be executed by the Contractor and Owner and in accordance with the following enumerated documents, which are made a part hereof as if fully contained herein: a. Construction Drawings prepared by N/A (Sheet dated ) b. Written specifications prepared by the project engineer. c. Sasser Companies, LLC proposal dated August 26, 2021 which fully describes the work to be performed. Such work will hereafter be called the “Work”. d. Related documents listed under Section 1 above. 3. TERM AND SCHEDULING DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Revised 06/21 2 a. The Contractor agrees to commence work pursuant to the written Notice to Proceed. b. The Contractor agrees to complete substantially all Work by November 10, 2021 or 45 days from the notice to proceed date. c. Time is of the essence with respect to all dates specified in the Contract Documents as Completion Dates. d. The Contractor shall perform the Work in the time, manner, and form required by the Contract Documents and as stipulated in a written Notice-to-Proceed to be executed by the Contractor and Owner. e. It is expressly understood that the Owner will employ other contractors to perform work as a part of the Project whose work will be performed simultaneously and sequentially with the performance of the Work by the Contractor. It shall be necessary for the Contractor to coordinate its activities with such other contractors, particularly with respect to access to work areas, storage of materials and other common facilities. f. Should the Owner determine that the Contractor is behind schedule Owner may require, at no additional cost to the Owner, the Contractor to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform the Work in accordance with the approved project schedule. 4. STANDARD OF CARE a. The Contractor shall exercise reasonable care and diligence in performing the Work in accordance with the highest generally accepted standards of this type of Contractor practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Contractor is solely responsible for the professional quality, accuracy and timely completion and submission of all work. b. The Contractor shall not load or permit any part of the Work to be loaded with a weight that will endanger its safety, intended performance or configuration. c. Contractor shall be responsible for all errors or omissions caused by its employees, agents, contractors, or assigns in the performance of the Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the Owner. d. Contractor is an independent contractor of Owner. Any and all employees of the Contractor engaged by the Contractor in the performance of any work or services required of the Contractor under this Agreement, shall be considered employees or agents of the Contractor only and not of the Owner, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Contractor. e. If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Contractor represents that it or its employees, agents DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Revised 06/21 3 and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. f. The Contractor is responsible for all physical damage to owned or rented machinery, tools, equipment, forms, and other items owned, rented or used by the Contractor and Subcontractor(s) in the performance of the Work including all of Owner’s property in Contractor’s care, custody, or control, and all such property while it is in transit. g. The Contractor is solely responsible for obtaining all permits necessary to complete the Work in compliance with all local, state, and federal laws. 5. PAYMENT & TAXES a. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement, and the Contractor hereby agrees to perform all of the Work for a sum not-to- exceed One Hundred Ninety Thousand, Five Hundred Eighty Seven Dollars ($190,587.00). Not later than the fifth (5th) day of each calendar month the Contractor shall submit to the Owner’s Representative, generally the architect if an architect is retained on the Work, a Request for Payment for work done during the previous calendar month. i. The Request for Payment shall be in form of a standardized invoice or AIA Document G702-703 appropriately addressed to Owner’s Representative at PO Box 8181, Hillsborough NC 27278 and shall show substantially the value of work done during the previous calendar month. ii. The amount due for payment shall be ninety-five percent (95%) of the value of work completed since the last Request for Payment and this amount shall be paid by the Owner on or before the last business day of the month. Owner shall retain five percent (5%). 1. Upon Owner’s Representative’s certification that ninety percent (90%) of the Work has been satisfactorily completed retainage may be discontinued. Retainage may be discontinued, at Owner’s Discretion, so long as work continues to be completed satisfactorily and on schedule. iii. Final payment shall not be due to the Contractor until thirty (30) days after one hundred percent (100%) of the Work, including punch list work, has been satisfactorily (as determined by the County) completed and an appropriate affidavit as required in Section 7(c) below has been received by Owner. b. Should Owner reasonably determine that Contractor has failed to perform the Work related to a Request for Payment, Owner, at its discretion may provide the Contractor ten (10) days to cure the breach. Owner may withhold the accompanying payment without penalty until such time as Contractor cures the breach. i. Should Contractor or its representatives fail to cure the breach within ten (10) days, or fail to reasonably agree to such modified schedule, Owner may immediately terminate this Agreement in writing, without penalty or incurring further obligation to Contractor. ii. This section shall not be interpreted to limit the definition of breach to the failure to perform the Work related to a Request for Payment. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Revised 06/21 4 c. The Contractor has included in the Contract Price and shall pay all taxes assessed by any authority on the Work or the labor and materials used therein. It shall be the Contractor's responsibility to furnish the Owner documentary evidence showing the materials used and sales and use tax paid by the Contractor and each of its subcontractors. 6. INSURANCE AND BONDS a. Minimum requirements – Contractor shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any additional insurance as may 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 http://www.orangecountync.gov/departments/purchasing_division/contracts.php). If Owner’s Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here Pollution/Environmental Insurance (if no additional insurance required mark N/A as being not applicable). Contractor shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. b. Performance Bonds – Contractor shall furnish bonds covering the faithful performance of the Contract and payment of all obligations arising under any of the Contract Documents or related in any way to the Work. Contractor shall immediately furnish a copy of such bonds to any requesting person who appears to be a potential beneficiary of bonds covering payment obligations arising under any of the Contract Documents. This subsection 6(b) applies only to Contracts of fifty thousand dollars ($50,000.00) or more where the total cost for the project is three hundred thousand dollars ($300,000.00) or more. 7. INDEMNITY a. To the extent authorized by North Carolina law the Contractor shall indemnify, without limitation, and hold harmless to the maximum extent permitted by law the Owner and its agents and employees from and against any and all claims, damages, loss es and expenses, including attorney's fees, arising out of or resulting from the performance or nonperformance of the Work, provided that any such claim, damages, loss or expense (A) is attributable to bodily injury, sickness, disease or death or injury to, or destruction of, property, including the loss of use resulting therefrom; and (B) is caused in whole or in part by any breach of any provision of the Agreement or by any negligent or wrongful act or omission of the Contractor, any Subcontractor, or supplier of the Contractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The indemnification obligation under this paragraph shall not be limited in any way by any limitation of the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' compensation acts, disability benefits acts or other employee benefit acts. It is the intent of this section that the Contractor shall indemnify the County to the maximum extent allowed by law. b. The Contractor shall indemnify and hold harmless Owner from any lien of whatever type through the purchase of appropriate bonds and insurance as designated in Section 6 above. In the event any such lien is filed against Owner’s property Contractor shall, through such DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Revised 06/21 5 bonds and insurance or at Contractors expense, defend Owner against all such claims of lien. c. Upon completion of the Work the Contractor shall execute an affidavit stating there are no unpaid debts for any work that has been done or materials that have been furnished to the project prior to and as of the date of substantial completion and further stating that Contractor shall indemnify, save and protect Owner and Owner’s lender, if any, harmless from and against any and all claims, 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 such debts and liens. Such indemnification shall be in a form and substance acceptable to Owner. d. By executing this Agreement Contractor agrees to abide by and be bound by the indemnification provisions herein and of Section 7(c) specifically. 8. DISPUTE RESOLUTION AND GOVERNING LAW a. Any dispute with respect to any provision of, or the performance or non-performance of, this Agreement shall be subject to the Dispute Resolution Rules and Procedures for Orange County Design, Building Construction, Renovation, and Repair Projects. The policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). b. The laws of the State of North Carolina shall apply to the interpretation and enforcement of this Agreement. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or nonperformance of, this Agreement or the Contract shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina and it is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. c. Notice of any claim by Owner or Contractor must be initiated by written notice to the other Party within thirty (30) days of the occurrence of the event giving rise to the claim or within thirty (30) days of the discovery of the event or condition giving rise to the claim, whichever is later. i. Should any claim be made, regardless of whether such claim is made by Owner or Contractor, Contractor shall continue to faithfully and diligently perform the Work in such a manner as to meet all scheduled timelines. Any failure to faithfully and diligently perform the Work may be deemed, by the Owner, a breach of the Contract. ii. If a claim is made such claim shall be made to the initial decision maker, if applicable, who may request more supporting data, reject the claim in whole or in part, approve the claim in whole or in part or advise the parties the claim is unable to be resolved. iii. If a claim is made by the Owner the Owner may, but is not obligated to, notify the surety. 9. NON–APPROPRIATION a. 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. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Revised 06/21 6 b. In the event that public funds are unavailable or 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 or 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. c. In the event of a change in the Owner’s statutory authority, mandate or mandated functions, by state or federal legislative or regulatory action, which adversely affects 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. 10. NOTICES Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Owner: Contractor: Orange County Sasser Companies, LLC Attn: A. Barnes Attn: Kevin Sasser P.O. Box 8181 PO Box 10 Hillsborough, NC 27278 Whitsett, NC 27377 11. MISCELLANEOUS a. Duties and Obligations imposed by the Contract Documents shall be in addition to any Duties and Obligations imposed by state, federal or local law, rules, regulations and ordinances. b. No act or failure to act by the Owner or Contractor shall constitute a waiver of any right or duty granted them under the Contract Documents, nor shall any act or failure to act constitute any approval except as specifically agreed in writing. c. The Work shall be tested and inspected as required by the Contract Documents and as required by law. Unless prohibited by law the costs of all such tests and inspections related to state and federal codes such as ADA, Administrative, Electrical, Plumbing, Mechanical and Building Codes shall be borne by the Contractor. The costs for material and structural testing shall be conducted by an independent third party at the expense of the Owner. Delays related to any of the aforementioned tests and inspections shall not be grounds for delaying the completion of the work. If any such tests and inspections reveal deficiencies in the Work such that the Work does not comply with terms or requirements of the Contract Documents and the requirements of any code or law the Contractor is solely responsible for the cost of bringing such deficiencies into compliance with the terms of the Contract Documents and any code or law. d. Should the Architect, if an architect is retained for the project involving the Work, or Owner reject any portion of the Work for failing to comply with the Contract Documents Contractor shall immediately, at Contractor’s expense, correct the Work. Any such rejection may be made before or after substantial completion. If applicable, any additional DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Revised 06/21 7 expense borne by the Architect under this section shall be paid at Contractor’s expense. e. The Contractor shall not assign any portion of this Agreement nor subcontract the Work in its entirety without the prior written consent of the Owner. f. By executing this Agreement Contractor affirms that Contractor and any subcontractors of Contractor are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. g. By executing this Agreement Contractor certifies that Contractor 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. h. By executing this Agreement Contractor certifies that Contractor 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. i. The County has designated (Angel Barnes) to act as the County's representative with respect to the Work and shall have the authority to render decisions within guidelines established by the County Manager or the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. j. Contractor 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 non- 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 http://www.orangecountync.gov/departments/purchasing_division/contracts.php). Any violation of the Orange County Non-Discrimination Policy 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. k. 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 intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. l. In the event of a breach by Contractor Owner has sole authority to determine the reasonableness of Contractor’s actions to remedy such breach or complete the performance of its obligations. m. Upon request of the Owner, the Contractor shall submit to County all relevant documentation, including but not limited to, job cost records, to support its claims for final compensation and if such request is made final compensation shall not be due until all relevant documentation is received, reviewed, and approved by Owner. 12. CONSEQUENTIAL AND LIQUIDATED DAMAGES DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Revised 06/21 8 a. Owner and Contractor mutually waive any claim against each other for consequential damages. Consequential Damages include: i. Damages incurred by Owner for loss of use, income, financing, or business. ii. Damages incurred by Contractor for office expenses, including personnel, loss of financing, profit, income, business, damage to reputation, or any other non-direct damages. b. Liquidated damages shall be in accord with the Contract Documents. If the Contract Documents do not otherwise address liquidated damages, such damages shall be in the amount of five hundred dollars ($500.00) per day. 13. TERMINATION OR SUSPENSION a. The Owner may, without cause, order the Contractor to terminate, suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. i. If Owner issues a written order to delay, suspend, or interrupt the Work, and such order is not due to or as a result of any fault on the part of the Contractor or any subcontractor, the Contractor may recover a per diem amount of five hundred dollars ($500.00) per day with a not-to-exceed limit of ten thousand dollars ($10,000.00). ii. In the event of termination by the Owner under this Agreement, the Contractor shall be entitled to receive its reasonable and documented direct costs prior to termination, including the cost of materials purchased for the Work which purchases cannot be canceled or which material cannot reasonably be used by the Contractor on other work, and the cost of closing down the work in a safe and efficient manner. iii. If Owner elects to suspend or terminate the contract pursuant to subparagraphs 13.a.i. or 13 a.ii. the sole remedy available to the Contractor are those listed in the subparagraphs and Contractor is not entitled to any right to further claims for any amount owed or disputed or for payment of damages alleged to have been sustained as a result of Owner’s order to delay, suspend, or interrupt the Work. b. The Owner may, with cause, order the Contractor to suspend, delay or interrupt the Work in whole or in part for such period of time as the cause remains. i. If Owner issues a written order to delay, suspend, or interrupt the Work, and such order is due to or as a result of any fault on the part of th e Contractor or any subcontractor, the Owner may reduce payment at a per diem amount of five hundred dollars ($500.00) per day. c. Contractor may terminate the Contract if, at the Owner’s written direction, the Work is stopped for twenty one (21) consecutive days through no act or fault of the Contractor, their agents or employees, or a subcontractor or their agents or employees or any other person performing work pursuant to the Contract Documents. Contractor may terminate the Contract if a Court or other Public authority having jurisdiction enters a lawful order DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Revised 06/21 9 that requires all work to be stopped and such stoppage lasts for twenty one (21) consecutive days. d. Either party may terminate this Agreement upon notice to the other party that obligations pursuant to this Agreement are made impossible due to declarations of emergency by Orange County or by North Carolina due to events directly impacting Orange County. Both parties shall remain responsible for all payment and performance due up to the receipt of such notice, but shall have no further obligation or responsibility beyond that date provided the terminating party has taken all reasonable steps to complete the performance of its obligations. 14. ENTIRE AGREEMENT All of the documents listed, referenced or described in this Agreement, the written Notice-to- Proceed, together with Modifications made or issued in accordance herewith are the Contract Documents, and the work, labor, materials and completed construction required by the Contract Documents and all parts thereof is the Work. The Contract Documents constitute the entire agreement between Owner and Contractor. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. If any provision of the Agreement shall be declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and date first above written wholly or in a number of counterparts each of which shall, without proof or accounting for other counterparts, be deemed an original contract. ORANGE COUNTY CONTRACTOR ____________________________________ ________________________________________ Signature Signature County Manager ________________________________________ Printed Name and Title DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Kevin Sasser 8/27/2021 President 9/2/2021 Revised 06/21 10 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: Sasser Companies, LLC Party/Vendor Contact Person: Kevin Sasser (kevin2@sassercompanies.com) and Russell Wills (rwills@sasserrestoration.com) Contact Phone: 336.449.1144 Party/Vendor Address: PO Box 10 City Whitsett State: NC Zip: 27377 Department: AMS Amount: $190,587.00 Purpose: Emergency Services 510 Meadowlands Drive - Warehouse Remediation Budget Code(s): 61370035-880030-10068 Vendor # 65006 (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date 9/7/2021 Approved by Board Yes No Agenda Date: --- For Section XIV. c. contracts only, Approved by Board in Current FY Budget Yes No 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 a greement: Department Director’s Signature ________________________________________ Date: ________ Agreements for emergency services or repair are not subject to the above affirmation. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency condition that was addressed: N/A 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 Received for record retention: 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: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 8/27/2021 8/27/2021 8/30/2021 8/31/2021 1 Angel Barnes From:Brandi Thomas <bthomas@sasserrestoration.com> Sent:Thursday, August 26, 2021 4:32 PM To:Angel Barnes Cc:Jessi Hagee; Russell Wills; Kevin Sasser; Miguel A. Figueroa, III Subject:[EXTERNAL MAIL!] Orange County Bid No. W H10068 PNW Emergency Services Warehouse Remediation Attachments:Orange County Bid No. W H10068 PNW Emergency Services Warehouse Remediation.pdf Good afternoon Angel, Please find attached our bid proposal for the PNW Emergency Services Warehouse Remediation. If you have any questions, please feel free to contact Russell Wills at 336-260-4089. Thank you and have a great evening. Brandi Thomas | Project Accountant bthomas@sasserrestoration.com | 336.447.3322 Sasser Restoration Office: 844.449.1144 | Fax: 336.449.1151 7237 Pace Drive, Whitsett, NC 27377 www.sasserrestoration.com DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 VENDOR NAME BASE BID Sasser Companies, LLC 190,586.50 RestorePro Reconstruction 191,450.00 Bio Clean No Response TABULATIONS DUE DATE: August 26, 2021 at 5:00 pm Bid No WH10068: Emergency Services Warehouse Remediation ORANGE COUNTY NORTH CAROLINA DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Orange County Bid Page #1 COUNTY OF ORANGE FINANCIAL SERVICES – PURCHASING PO BOX 8181 HILLSBOROUGH, NORTH CAROLINA 27278 ORANGE COUNTY BID NO. W H10068 RFP DATE: August 18, 2021 ATTENTION: INTERESTED VENDORS Orange County requests your competitive quotation to furnish the item(s) listed below for Orange County PNW Emergency Services Warehouse Remediation, 510 Meadowlands Drive, Hillsborough, NC 27278. By submission of a bid the contractor acknowledges he/she fully understands the extent of the project. Please transmit this quotation via email (pdf format), to the Orange County Capital Projects Manager- abarnes@orangecountync.gov by August 26, 2021 no later than 5:00pm ITEM # COMMODITIES/GOODS OR SERVICES 1 Provide all labor and materials required to perform the remediation of the existing warehouse located at 510 Meadowlands Drive, H illsborough NC 27278 per attached remediation protocol from Environmental Solutions Group dated August 4, 2021. All work shall be performed during normal hours of operation (Monday – Friday 8am to 5pm) All shutdown work requires a 72 hour notice to owner. Contractor must complete FM Global Hot Work Permit Training within the last year if performing hot work. SUBMIT PRICING ON ATTACHMENT A PLEASE STATE FIRM DELIVERY TIME TO START AFTER RECEIPT OF PURCHASE ORDER: _____________ DAYS PLEASE STATE NUMBER OF DAYS TO COMPLETE THE PROJECT AFTER COMMENCEMENT: _____________ DAYS Will any people working on this job make less than $14.95 per hour YES _______ NO ______ If yes, the lowest hourly wage to be paid any employee shall be: $ ____ / HOUR **SEE ATTACHED INSTRUCTIONS TO BIDDERS** License _____________ (if applicable) FIRM NAME ________________________________________ BY ______________________________________________ (Proposal must be signed in writing) ADDRESS __________________________ FAX: _____________________________________________ __________________________ TELEPHONE: ______________________________________ EMAIL: ___________________________________________ DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Orange County Bid Page #2 COUNTY OF ORANGE FINANCIAL SERVICES – PURCHASING PO BOX 8181 405 Meadowlands Drive HILLSBOROUGH, NORTH CAROLINA 27278 Instructions to Bidders 1. All bids and proposals shall be for furnishing apparatus, supplies, materials, equipment, personal protective equipment, and/or work and services in accordance with the applicable remediation protocol prescribed by Orange County. 2. Orange County reserves the right to: o award lowest responsible bidder that is responsive, o to reject any or all bids, o And to waive minor irregularities. 3. The successful bidder shall comply fully with the requirements of General Statutes, Section 143-129 and 143-131, as amended. This is an informal range; therefore there will not be a formal opening. Results will be made available after award. 4. In the event of default by any contractor or vendor Orange County may procure from other sources whatever service or item is being bid, and holds the contractor responsible for any excess cost occasioned thereby. 5. Payment by check or Electronic Funds Transfer is due thirty days after completion and inspection unless otherwise specifically provided; subject to any discounts allowed. 6. North Carolina sales and use tax shall be included in the bid amount. 7. Bids submitted via email shall be accepted and are the preferred receipt method. Email to abarnes@orangecountync.gov. 8. Proposals received after opening date and time shall not be considered. 9. Bids must be signed and submitted on the attached form of proposal 10. The successful contractor shall be responsible for obtaining all permits and inspections. 11. The successful contractor shall be required to agree to and sign the Orange County Construction Agreement (copy attached). Among the items included in that agreement are the County’s Insurance requirements and sales tax. 12. All contractors are hereby notified that they must have proper license under the State laws governing their respective trades. Please display license number on your submittal. 13. Please direct questions concerning this bid document to Angel Barnes, Orange County Capital Projects Manager, Orange County AMS 919-245-2628 abarnes@orangecountync.gov 14. By submission of a bid the contractor acknowledges he/she fully understands the extent of the project. 15. HB786 imposes E-Verify requirements on contractors who enter into certain contracts with state agencies and local governments. The legislation specifically prohibits governmental units from entering into certain contracts “unless the contractor and the contractor’s subcontractors comply with the requirements of Article 2 of Chapter 64 of the General Statutes.” (Article 2 of Chapter 64 establishes North Carolina’s E-Verify requirements for private employers). It is important to note that the verification requirement applies to subcontractors as well as contractors. The new laws specifically prohibit governmental units from entering into contracts with contractors who have not (or their subs have not) complied with E-Verify requirements. Complete the attached affidavit, and include it with your submittal. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Orange County Bid Page #3 Attachment A RFP# WH10068 Bid Proposal Form: PNW Emergency Services Warehouse Remediation, 510 Meadowlands Drive, Hillsborough, NC 27278 Contractor agrees to furnish all materials, labor, equipment and any other supplies necessary to complete the above work, for the sum of: $________________________ General Notes:  All work must be completed within 45 days of the project start date (approx.)  Contractor shall follow the protocol any deviations must be approved prior to start of work by Environmental Solutions Group and Orange County.  Contractor shall have an IICRC S520 Certified Supervisor on-site during all work activities. If supervisor is not on site work shall be stopped.  Contractor shall coordinate and schedule all PRV (Post Remediation Verification) testing with Environmental Group.  Orange County has hired Environmental Solutions Group.  Contractor shall upon request provide all safety related documents to Orange County.  Contractor shall provide copies of all certifications with bid documents.  Contractor shall provide proof of insurance with bid documents including Environmental/Pollution Liability as per the minimum insurance requirements attached.  Contractor shall acknowledge receipt and understanding of Environmental Solutions Group protocol dated August 4, 2021.  Contractor is willing to participate in the County’s “Docusign” digital contracting process and enter into a standard contract with the County. ___________________________________________________ _________________ (Signature of Contractor) (Date) Acknowledge receipt and understanding of Environmental Solutions Group protocol dated August 4, 2021. Signature: _____________________________ Date:_____________________________ Acknowledge Addenda below: (If None, leave blank) No. 1 _________ No. 2__________ No3.____________ DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Orange County Bid Page #4 Orange County Forms: 1. Form of Proposal 2. E-Verify Affidavit and Living Wage 3. Construction Contract Template 4. Nondiscrimination Certification 5. Dispute Resolution 6. Minimum Insurance Requirements 7. County Sales Use Tax Forms 8. Drawings 9. Orange County Hot Work Permit Process 10. Proof of Insurance 11. Name and qualifications/certifications of assigned supervisor that will be onsite during all work activities 12. Remediation Certification Copies The highlighted forms are to be returned as a part of your bid package. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 STATE OF NORTH CAROLINA AFFIDAVIT ORANGE COUNTY ************************** I, ____________________________(the individual attesting below), being duly authorized by and on behalf of ________________________________ (the entity bidding on project hereinafter "Employer") after first being duly sworn hereby swears or affirms as follows: 1. Employer understands that E-Verify is the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with NCGS §64-25(5). 2. Employer understands that Employers Must Use E-Verify. Each employer, after hiring an employee to work in the United States, shall verify the work authorization of the employee through E-Verify in accordance with NCGS§64-26(a). 3. Employer is a person, business entity, or other organization that transacts business in this State and that employs 25 or more employees in this State. (mark Yes or No) a. YES _____, or b. NO _____ 4. Employer's subcontractors comply with E-Verify, and if Employer is the winning bidder on this project Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer. This ____ day of _______________, 201_. Signature of Affiant Print or Type Name: _________________________ State of North Carolina, _________ County Signed and sworn to (or affirmed) before me, this the _____ day of ________________, 20__. My Commission Expires: Notary Public (Affix Official/Notarial Seal) DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Section I: General Government and Administration Policy 10.0: Living Wage Contractor Policy Reviewed by: County Attorney/County Manager Approved by: County Manager Original Effective Date: July 1, 2017 Revisions: Policy Statement It is the policy of Orange County to ensure its employees, and all individuals who provide services for Orange County, are paid a living wage. Purpose To encourage all vendors and contractors to pay a living wage to all employees who perform work pursuant to a contract with Orange County. Applicability Applies to all Orange County contracts and purchases. Policy 10.1 Living Wage 10.1.1 Orange County is committed to providing its employees with a living wage and encourages all contractors and vendors doing business with Orange County to pursue the same goal. Orange County’s living wage is $14.95 per hour. To the extent possible, Orange County recommends that contractors and vendors seeking to do business with Orange County provide a living wage to their employees. 10.1.2 Prior to final execution of a contract with Orange County all contractors and vendors seeking to do business with Orange County shall submit to the County’s representative a statement indicating whether those employees who will perform work on the Orange County contract are paid at least the living wage amount set out above. If such employees do not make at least the living wage amount set out above the contractor or vendor shall indicate in the statement the actual amount paid to such employees. For bid projects this statement should be submitted as part of the bid packet. This policy may be reviewed annually and updated as needed by the Manager’s Office Acknowledged Receipt by: ____________________________________ Company Name: ____________________________________________ Date: _____________________________________________________ DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Revised 06/21 1 [Departmental Use Only] TITLE ES WH Remediation FY 2021-2022 NORTH CAROLINA CONSTRUCTION AGREEMENT UNDER $250,000.00 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter called “Agreement”), made as of the 1st day of September, 2021, by and between , (hereinafter called the “Contractor”), and Orange County, a political subdivision of the State of North Carolina, (hereinafter called the “County,” “Orange County,” or “Owner”). W I T N E S S E T H: That the Contractor and the Owner, for the consideration herein named, agree as follows: 1. CONTRACT DOCUMENTS; PRIORITY The Contract Documents consist of this Agreement, the Request for Proposals, Proposal, Construction Drawings, and Written Specifications. The Contract Documents form the Contract. In the event of any inconsistency between or among the Contract Documents the Contract Documents shall be interpreted in the following order of priority: a. This Agreement. b. Designer Approved Bulletins and Field Orders. c. Request for Proposals and addenda thereto. d. Proposal. 2. SCOPE OF WORK The Contractor shall furnish and deliver all of the materials, and perform all of the work required by this Agreement within the time period stipulated in a written Notice-to-Proceed to be executed by the Contractor and Owner and in accordance with the following enumerated documents, which are made a part hereof as if fully contained herein: a. Construction Drawings prepared by Environmental Solutions Group Remediation Protocol for Remediation (Sheet 1 through 33 dated August 3, 2021) b. Written specifications prepared by the project engineer. c. proposal dated , 20 which fully describes the work to be performed. Such work will hereafter be called the “Work”. d. Related documents listed under Section 1 above. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Revised 06/21 2 3. TERM AND SCHEDULING a. The Contractor agrees to commence work pursuant to the written Notice to Proceed. b. The Contractor agrees to complete substantially all Work by October 16, 2021. c. Time is of the essence with respect to all dates specified in the Contract Documents as Completion Dates. d. The Contractor shall perform the Work in the time, manner, and form required by the Contract Documents and as stipulated in a written Notice-to-Proceed to be executed by the Contractor and Owner. e. It is expressly understood that the Owner will employ other contractors to perform work as a part of the Project whose work will be performed simultaneously and sequentially with the performance of the Work by the Contractor. It shall be necessary for the Contractor to coordinate its activities with such other contractors, particularly with respect to access to work areas, storage of materials and other common facilities. f. Should the Owner determine that the Contractor is behind schedule Owner may require, at no additional cost to the Owner, the Contractor to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform the Work in accordance with the approved project schedule. 4. STANDARD OF CARE a. The Contractor shall exercise reasonable care and diligence in performing the Work in accordance with the highest generally accepted standards of this type of Contractor practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Contractor is solely responsible for the professional quality, accuracy and timely completion and submission of all work. b. The Contractor shall not load or permit any part of the Work to be loaded with a weight that will endanger its safety, intended performance or configuration. c. Contractor shall be responsible for all errors or omissions caused by its employees, agents, contractors, or assigns in the performance of the Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the Owner. d. Contractor is an independent contractor of Owner. Any and all employees of the Contractor engaged by the Contractor in the performance of any work or services required of the Contractor under this Agreement, shall be considered employees or agents of the Contractor only and not of the Owner, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Contractor. e. If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Contractor represents that it or its employees, agents DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Revised 06/21 3 and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. f. The Contractor is responsible for all physical damage to owned or rented machinery, tools, equipment, forms, and other items owned, rented or used by the Contractor and Subcontractor(s) in the performance of the Work including all of Owner’s property in Contractor’s care, custody, or control, and all such property while it is in transit. g. The Contractor is solely responsible for obtaining all permits necessary to complete the Work in compliance with all local, state, and federal laws. 5. PAYMENT & TAXES a. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement, and the Contractor hereby agrees to perform all of the Work for a sum not-to- exceed Dollars ($ ). Not later than the fifth (5th) day of each calendar month the Contractor shall submit to the Owner’s Representative, generally the architect if an architect is retained on the Work, a Request for Payment for work done during the previous calendar month. i. The Request for Payment shall be in form of a standardized invoice or AIA Document G702-703 appropriately addressed to Owner’s Representative at PO Box 8181, Hillsborough NC 27278 and shall show substantially the value of work done during the previous calendar month. ii. The amount due for payment shall be ninety-five percent (95%) of the value of work completed since the last Request for Payment and this amount shall be paid by the Owner on or before the last business day of the month. Owner shall retain five percent (5%). 1. Upon Owner’s Representative’s certification that ninety percent (90%) of the Work has been satisfactorily completed retainage may be discontinued. Retainage may be discontinued, at Owner’s Discretion, so long as work continues to be completed satisfactorily and on schedule. iii. Final payment shall not be due to the Contractor until thirty (30) days after one hundred percent (100%) of the Work, including punch list work, has been satisfactorily (as determined by the County) completed and an appropriate affidavit as required in Section 7(c) below has been received by Owner. b. Should Owner reasonably determine that Contractor has failed to perform the Work related to a Request for Payment, Owner, at its discretion may provide the Contractor ten (10) days to cure the breach. Owner may withhold the accompanying payment without penalty until such time as Contractor cures the breach. i. Should Contractor or its representatives fail to cure the breach within ten (10) days, or fail to reasonably agree to such modified schedule, Owner may immediately terminate this Agreement in writing, without penalty or incurring further obligation to Contractor. ii. This section shall not be interpreted to limit the definition of breach to the failure to perform the Work related to a Request for Payment. c. The Contractor has included in the Contract Price and shall pay all taxes assessed by any authority on the Work or the labor and materials used therein. It shall be the Contractor's DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Revised 06/21 4 responsibility to furnish the Owner documentary evidence showing the materials used and sales and use tax paid by the Contractor and each of its subcontractors. 6. INSURANCE AND BONDS a. Minimum requirements – Contractor shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any additional insurance as may 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 http://www.orangecountync.gov/departments/purchasing_division/contracts.php). If Owner’s Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here TBD (if no additional insurance required mark N/A as being not applicable). Contractor shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. b. Performance Bonds – Contractor shall furnish bonds covering the faithful performance of the Contract and payment of all obligations arising under any of the Contract Documents or related in any way to the Work. Contractor shall immediately furnish a copy of such bonds to any requesting person who appears to be a potential beneficiary of bonds covering payment obligations arising under any of the Contract Documents. This subsection 6(b) applies only to Contracts of fifty thousand dollars ($50,000.00) or more where the total cost for the project is three hundred thousand dollars ($300,000.00) or more. 7. INDEMNITY a. To the extent authorized by North Carolina law the Contractor shall indemnify, without limitation, and hold harmless to the maximum extent permitted by law the Owner and its agents and employees from and against any and all claims, damages, loss es and expenses, including attorney's fees, arising out of or resulting from the performance or nonperformance of the Work, provided that any such claim, damages, loss or expense (A) is attributable to bodily injury, sickness, disease or death or injury to, or destruction of, property, including the loss of use resulting therefrom; and (B) is caused in whole or in part by any breach of any provision of the Agreement or by any negligent or wrongful act or omission of the Contractor, any Subcontractor, or supplier of the Contractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The indemnification obligation under this paragraph shall not be limited in any way by any limitation of the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' compensation acts, disability benefits acts or other employee benefit acts. It is the intent of this section that the Contractor shall indemnify the County to the maximum extent allowed by law. b. The Contractor shall indemnify and hold harmless Owner from any lien of whatever type through the purchase of appropriate bonds and insurance as designated in Section 6 above. In the event any such lien is filed against Owner’s property Contractor shall, through such bonds and insurance or at Contractors expense, defend Owner against all such claims of lien. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Revised 06/21 5 c. Upon completion of the Work the Contractor shall execute an affidavit stating there are no unpaid debts for any work that has been done or materials that have been furnished to the project prior to and as of the date of substantial completion and further stating that Contractor shall indemnify, save and protect Owner and Owner’s lender, if any, harmless from and against any and all claims, 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 such debts and liens. Such indemnification shall be in a form and substance acceptable to Owner. d. By executing this Agreement Contractor agrees to abide by and be bound by the indemnification provisions herein and of Section 7(c) specifically. 8. DISPUTE RESOLUTION AND GOVERNING LAW a. Any dispute with respect to any provision of, or the performance or non-performance of, this Agreement shall be subject to the Dispute Resolution Rules and Procedures for Orange County Design, Building Construction, Renovation, and Repair Projects. The policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). b. The laws of the State of North Carolina shall apply to the interpretation and enforcement of this Agreement. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or nonperformance of, this Agreement or the Contract shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina and it is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. c. Notice of any claim by Owner or Contractor must be initiated by written notice to the other Party within thirty (30) days of the occurrence of the event giving rise to the claim or within thirty (30) days of the discovery of the event or condition giving rise to the claim, whichever is later. i. Should any claim be made, regardless of whether such claim is made by Owner or Contractor, Contractor shall continue to faithfully and diligently perform the Work in such a manner as to meet all scheduled timelines. Any failure to faithfully and diligently perform the Work may be deemed, by the Owner, a breach of the Contract. ii. If a claim is made such claim shall be made to the initial decision maker, if applicable, who may request more supporting data, reject the claim in whole or in part, approve the claim in whole or in part or advise the parties the claim is unable to be resolved. iii. If a claim is made by the Owner the Owner may, but is not obligated to, notify the surety. 9. NON–APPROPRIATION a. 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. b. In the event that public funds are unavailable or not appropriated for the performance of Owner’s obligations under this Agreement, then this Agreement shall automatically expire DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Revised 06/21 6 without penalty to Owner immediately upon written notice to Contractor of the unavailability or 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. c. In the event of a change in the Owner’s statutory authority, mandate or mandated functions, by state or federal legislative or regulatory action, which adversely affects 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. 10. NOTICES Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Owner: Contractor: Orange County Attn: A.Barnes P.O. Box 8181 Hillsborough, NC 27278 11. MISCELLANEOUS a. Duties and Obligations imposed by the Contract Documents shall be in addition to any Duties and Obligations imposed by state, federal or local law, rules, regulations and ordinances. b. No act or failure to act by the Owner or Contractor shall constitute a waiver of any right or duty granted them under the Contract Documents, nor shall any act or failure to act constitute any approval except as specifically agreed in writing. c. The Work shall be tested and inspected as required by the Contract Documents and as required by law. Unless prohibited by law the costs of all such tests and inspections related to state and federal codes such as ADA, Administrative, Electrical, Plumbing, Mechanical and Building Codes shall be borne by the Contractor. The costs for material and structural testing shall be conducted by an independent third party at the expense of the Owner. Delays related to any of the aforementioned tests and inspections shall not be grounds for delaying the completion of the work. If any such tests and inspections reveal deficiencies in the Work such that the Work does not comply with terms or requirements of the Contract Documents and the requirements of any code or law the Contractor is solely responsible for the cost of bringing such deficiencies into compliance with the terms of the Contract Documents and any code or law. d. Should the Architect, if an architect is retained for the project involving the Work, or Owner reject any portion of the Work for failing to comply with the Contract Documents Contractor shall immediately, at Contractor’s expense, correct the Work. Any such rejection may be made before or after substantial completion. If applicable, any additional expense borne by the Architect under this section shall be paid at Contractor’s expense. e. The Contractor shall not assign any portion of this Agreement nor subcontract the Work in DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Revised 06/21 7 its entirety without the prior written consent of the Owner. f. By executing this Agreement Contractor affirms that Contractor and any subcontractors of Contractor are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. g. By executing this Agreement Contractor certifies that Contractor 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. h. By executing this Agreement Contractor certifies that Contractor 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. i. The County has designated (Angel Barnes) to act as the County's representative with respect to the Work and shall have the authority to render decisions within guidelines established by the County Manager or the County Board of Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. j. Contractor 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 non- 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 http://www.orangecountync.gov/departments/purchasing_division/contracts.php). Any violation of the Orange County Non-Discrimination Policy 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. k. 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 intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. l. In the event of a breach by Contractor Owner has sole authority to determine the reasonableness of Contractor’s actions to remedy such breach or complete the performance of its obligations. m. Upon request of the Owner, the Contractor shall submit to County all relevant documentation, including but not limited to, job cost records, to support its claims for final compensation and if such request is made final compensation shall not be due until all relevant documentation is received, reviewed, and approved by Owner. 12. CONSEQUENTIAL AND LIQUIDATED DAMAGES a. Owner and Contractor mutually waive any claim against each other for consequential damages. Consequential Damages include: DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Revised 06/21 8 i. Damages incurred by Owner for loss of use, income, financing, or business. ii. Damages incurred by Contractor for office expenses, including personnel, loss of financing, profit, income, business, damage to reputation, or any other non-direct damages. b. Liquidated damages shall be in accord with the Contract Documents. If the Contract Documents do not otherwise address liquidated damages, such damages shall be in the amount of five hundred dollars ($500.00) per day. 13. TERMINATION OR SUSPENSION a. The Owner may, without cause, order the Contractor to terminate, suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. i. If Owner issues a written order to delay, suspend, or interrupt the Work, and such order is not due to or as a result of any fault on the part of the Contractor or any subcontractor, the Contractor may recover a per diem amount of five hundred dollars ($500.00) per day with a not-to-exceed limit of ten thousand dollars ($10,000.00). ii. In the event of termination by the Owner under this Agreement, the Contractor shall be entitled to receive its reasonable and documented direct costs prior to termination, including the cost of materials purchased for the Work which purchases cannot be canceled or which material cannot reasonably be used by the Contractor on other work, and the cost of closing down the work in a safe and efficient manner. iii. If Owner elects to suspend or terminate the contract pursuant to subparagraphs 13.a.i. or 13 a.ii. the sole remedy available to the Contractor are those listed in the subparagraphs and Contractor is not entitled to any right to further claims for any amount owed or disputed or for payment of damages alleged to have been sustained as a result of Owner’s order to delay, suspend, or interrupt the Work. b. The Owner may, with cause, order the Contractor to suspend, delay or interrupt the Work in whole or in part for such period of time as the cause remains. i. If Owner issues a written order to delay, suspend, or interrupt the Work, and such order is due to or as a result of any fault on the part of th e Contractor or any subcontractor, the Owner may reduce payment at a per diem amount of five hundred dollars ($500.00) per day. c. Contractor may terminate the Contract if, at the Owner’s written direction, the Work is stopped for twenty one (21) consecutive days through no act or fault of the Contractor, their agents or employees, or a subcontractor or their agents or employees or any other person performing work pursuant to the Contract Documents. Contractor may terminate the Contract if a Court or other Public authority having jurisdiction enters a lawful order that requires all work to be stopped and such stoppage lasts for twenty one (21) consecutive days. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Revised 06/21 9 d. Either party may terminate this Agreement upon notice to the other party that obligations pursuant to this Agreement are made impossible due to declarations of emergency by Orange County or by North Carolina due to events directly impacting Orange County. Both parties shall remain responsible for all payment and performance due up to the receipt of such notice, but shall have no further obligation or responsibility beyond that date provided the terminating party has taken all reasonable steps to complete the performance of its obligations. 14. ENTIRE AGREEMENT All of the documents listed, referenced or described in this Agreement, the written Notice-to- Proceed, together with Modifications made or issued in accordance herewith are the Contract Documents, and the work, labor, materials and completed construction required by the Contract Documents and all parts thereof is the Work. The Contract Documents constitute the entire agreement between Owner and Contractor. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. If any provision of the Agreement shall be declared invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and date first above written wholly or in a number of counterparts each of which shall, without proof or accounting for other counterparts, be deemed an original contract. ORANGE COUNTY CONTRACTOR ____________________________________ ________________________________________ Signature Signature County Manager ________________________________________ Printed Name and Title DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Revised 06/21 10 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: Party/Vendor Contact Person: Contact Phone: Party/Vendor Address: City State: Zip: Department: Amount: Purpose: Budget Code(s): Vendor # (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date Approved by Board Yes No Agenda Date: --- For Section XIV. c. contracts only, Approved by Board in Current FY Budget Yes No 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 a greement: Department Director’s Signature ________________________________________ Date: ________ Agreements for emergency services or repair are not subject to the above affirmation. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency condition that was addressed: 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 Received for record retention: 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: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 ORANGE COUNTY NONDISCRIMINATION CERTIFICATION The undersigned bidder or proposer hereby certifies and agrees that the following information is correct: 1. In preparing its enclosed bid or proposal, the undersigned bidder or proposer has considered all bids and proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in discrimination as defined in Section 12 -52 of the Orange County Non-discrimination Ordinance. 2. Without limiting any other remedies that Orange Co unty may have for a false certification, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for Orange County to reject the bid or proposal submitted with this certification, and terminate any contract awarded based on such bid or proposal. It shall also subject the bidder or proposer to disqualification from participating in county contracts or bid processes for up to two years. 3. As a condition of contracting with Orange County, the undersigned bidder or proposer agrees to promptly provide to Orange County all information and documentation that may be requested by Orange County from time to time regarding the solicitation and selection of suppliers and subcontractors in connection with this solicitation process. Failure to maintain or failure to provide such information constitutes grounds for Orange County to reject the bid or proposal and to terminate, without penalty to Orange County, any contract awarded on such bid or proposal. All such information and documentation shall be maintained for a period of three years after the expiration of the contract. 4. As part of its bid or proposal, the undersigned bidder or proposer shall provide to Orange County a list of all instances within the past ten years where a complaint was filed or pending against bidder or proposer in a legal or administrative proceeding alleging that bidder or proposer discriminated against its subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that complaint, including any remedial action taken. 5. As a condition of submitting a bid or proposal to Orange County the undersigned bidder or proposer agrees to comply with the Orange County Non-discrimination Ordinance. Falsification of this certification shall constitute a violation of the Orange DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 County Non-Discrimination Ordinance and shall be grounds for rejection of the bid or proposal or termination of an existing contract, without fault or further obligation to Orange County. 6. As a condition of submitting a bid or proposal to Orange County the undersigned bidder or proposer agrees that Orange County may consider the information submitted as part of this certification in its determination of the responsibility of the undersigned bidder or proposer. The undersigned bidder or proposer, as the case may be, waives the right to challenge the rejection of a bid or proposal when such rejection is based, in its entirety, on information submitted as part of this certification. The bidder or proposer certifies the undersigned has full authority to sign on its behalf. By:________________________________________ ___________________________________________ Printed Name and Title On behalf of _________________________________ ___________________________________________ Company or Corporate name Date: ______________________________________ DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Revised 07/20 ORANGE COUNTY NORTH CAROLINA DISPUTE RESOLUTION RULES AND PROCEDURES FOR ORANGE COUNTY DESIGN, BUILDING CONSTRUCTION, RENOVATION, AND REPAIR PROJECTS RULE 1. INITIATING MEDIATED SETTLEMENT CONFERENCES A. Purpose of Mandatory Settlement Conferences. Pursuant to G.S. §143-128(f1) and 143- 135.26(11), these Rules are promulgated to implement a mediated settlement program designed to focus the parties’ attention on settlement rather than on claim preparation and to provide an opportunity for orderly settlement negotiations to take place. Nothing herein is intended to limit or prevent the parties from engaging in settlement procedures voluntarily at any time prior to or during commencement of the dispute resolution process. B. Initiating the Dispute Resolution Process 1. Any party to a County public construction contract (referred to herein generally as the “Contract”) governed by Article 8. Ch. 143 of the General Statutes and identified in G.S. § 143- 128(f1) and who is a party to a dispute arising out of the Contract and the construction process in which the amount in controversy is at least $15,000 may submit a written request to the County for mediation of the dispute. 2. Prior to submission of a written request for mediation to the County, the party requesting mediation should give notice of any and all claims in accordance with their respective contracts, obtain decisions on the claims as required or allowed by their respective contracts, and attempt to resolve the dispute according to the terms and conditions in their respective contracts. The Mediator may adjourn any mediated settlement conference if the Mediator believes, in his or her sole discretion, that the parties have not satisfied all of the terms and conditions of their respective contracts and that doing so will enhance the prospects for a negotiated settlement. C. Condition Precedent to Litigation. Before any party to a Contract may commence a civil action against the County seeking remedies for breach or non-performance of the Contract by the County, said party must first initiate the dispute resolution process under these rules and attend and participate in good faith in the mediated settlement conference. RULE 2. SELECTION OF MEDIATOR A. Mediator Listing. A List of Mediators acceptable to the County is maintained by the County Attorney and that list is incorporated by reference into these Rules. B. Selection of Mediator. The party requesting mediation shall select a Mediator from the List of Mediators and shall file, with the County, a Notice of Selection of Mediator within 21 days of the request for mediation. Such notice shall state the name, address, and phone number of the Mediator selected. If DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Revised 07/20 the Mediator selected is not available or declines to participate for any reason, the requesting party shall select another person from the List of Mediators. If the party requesting mediation does not select and designate a mediator within 21 days of the request for mediation, the County shall have the right in its absolute discretion to appoint a mediator from its List of Mediators. C. Disqualification of Mediator. Any party may request replacement of the Mediator for good cause. Nothing in this provision shall preclude Mediators from disqualifying themselves. RULE 3. THE MEDIATED SETTLEMENT CONFERENCE A. Where Conference is to be Held. Unless all parties and the Mediator otherwise agree, the mediated settlement conference shall be held in county seat of Orange County. The Mediator shall be responsible for reserving a place, making arrangements for the conference, and giving timely notice of the time and location of the conference to all attorneys, unrepresented parties and other persons or entities required to attend. B. When Conference is to be Held. The mediation shall be completed within 90 days after selection of the Mediator unless all parties to the mediation agree to a different schedule. C. Request to Accelerate or Extend Deadline for Completion. Any party or the Mediator may request the County to accelerate or extend the deadline for completion of the conference. Such request shall state the reasons the acceleration or extension is sought and shall be served by the moving party upon the other parties and the Mediator. Objections to the request must be promptly communicated to the County and to the Mediator. The County, with the concurrence of the designated Mediator, may grant the request by adjusting the time for completion of the conference. D. Recesses. The Mediator may recess the mediation conference at any time and may set times for reconvening. If the Mediator determines the time and place where the conference is to reconvene before the conference is recessed, no further notice is required to persons present at the conference. E. Project Delay. The mediated settlement conference that results from a construction contract dispute shall not be cause for the delay of the construction project. RULE 4. DUTIES OF PARTIES AND OTHER PARTICIPANTS IN FORMAL DISPUTE RESOLUTION PROCESS A. Attendance. 1. All parties to the dispute must designate an official representative to attend the mediation. 2. “Attendance” means physical attendance, not by telephone or other electronic means. Any attendee representing a party must have authority from that party to bind it to any agreement reached as a result of the mediation. 3. Attorneys representing parties may attend the mediation, but are not required to do so. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Revised 07/20 4. Sureties and insurance company representatives are required to physically attend the mediation unless the Mediator and all of the other parties to the mediation excuse their attendance or consent to their attendance by telephone or other electronic means. 5. The parties who attend a duly scheduled mediation conference shall have the right to recover their share of the Mediator’s compensation from any party or parties who fail to attend the conference without good cause. B. Finalizing Agreement. If an agreement is reached in the conference, the terms of the agreement shall be confirmed in writing and signed by all parties. C. Payment of Mediation Fee: Mediation Fees charged by the Mediator shall be paid in accordance with G.S. § 143-128(f1). D. Failure to Compensate Mediator. Any party’s failure to compensate the Mediators in accordance with G.S. § 143-128(f1) shall subject that party to a withholding by the County of said amount of money from the party’s payment or any other moneys owed by that party to the County. Should the County fail to compensate the Mediator, it shall hereby be subject to a civil cause of action from the Mediator for the County’s portion of the Mediator’s total fee as required by G.S. § 143-128(f1). RULE 5. AUTHORITY AND DUTIES OF MEDIATORS A. Authority of Mediator. 1.Control of Conference. The Mediator shall at all times be in control of the conference and the procedures to be followed. 2.Private Consultation. The Mediator may communicate privately with any participant or counsel prior to and during the conference. The fact that private communications have occurred with a participant shall be disclosed to all other participants at the beginning of the conference. 3.Scheduling the Conference. The Mediator shall make a good faith effort to schedule the conference at a time that is convenient with the participants, attorneys and Mediator. In the absence of agreement, the Mediator shall select the date for the conference. 4.Determining good cause for a party’s failure to appear at a scheduled mediation conference. B.Duties of Mediator. 1.The Mediator shall define and describe the following at the beginning of the conference: a.The process of mediation. b.The difference between mediation and other forms of conflict resolution. c.The costs of the mediated settlement conference. d.That the mediated settlement conference is not a trial, the Mediator is not a judge, and the parties retain their legal rights if they do not reach settlement; however, the DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Revised 07/20 Mediator will advise all parties that failure to appear at mediation without good cause may result in imposition of sanctions and may be asserted as a bar to lawsuits by claimants who have failed to exhaust this administrative remedy. e.The circumstances under which the Mediator may meet and communicate privately with any of the parties or with any other person. f.Whether and under what conditions communications with the Mediator will be held in confidence during the conference. g.The inadmissibility of conduct and statements as provided by G.S. §7A-38.1(1). h.The duties and responsibilities of the Mediator and the participants. i.That any agreement reached will be reached by mutual consent. 2. Disclosure: The Mediator has a duty to be impartial and to advise all participants of any possible bias, prejudice or partiality. 3. Declaring Impasse: The Mediator may determine at any time during the mediation conference that an impasse exists and that the conference should end. 4. Reporting Results of Conference. The Mediator shall submit a written report to the County and the other parties within 10 days of the conference stating whether or not the parties reached an agreement. The Mediator’s report shall indicate the absence of any party from the mediated settlement conference without permission or good cause. 5. Scheduling and Holding the Conference. It is the duty of the Mediator to schedule the conference and conduct it prior to the deadline of completion set by the rules. The Mediator shall strictly observe deadlines for completion of the conference unless said time limit is changed by agreement of the parties. RULE 6. COMPENSATION OF THE MEDIATOR The parties shall compensate the Mediator for mediation services at the rate proposed by the Mediator and agreed to by the parties at the time the Mediator is selected. RULE 7. RULE MAKING These Rules may be amended by the County at any time. Amendments will not affect mediations where claims or requests for mediation have been filed at the time the amendment takes effect . RULE 8. DEFINITIONS A. “County” shall mean Orange County North Carolina. B. “Project Designer” is that person or firm stipulated as project designer in the Contract Documents for the project. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Revised 07/20 C. “Claim” is a demand or assertion by a party seeking adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term “Claim” also includes other disputes and matters in question between the parties to a Contract involved in the County’s building construction renovation and repair projects arising out of or relating to the Contract or the construction process. Claims must be initiated by a written notice. The responsibility to substantiate Claims shall rest with the party making the Claim. D. “Good Cause” generally includes any circumstance beyond the control of a party, which prevents that party from meeting obligations. When good cause is asserted as an excuse for a party’s failure to appear at a mediation conference or to otherwise comply with the requirements of these Rules, the Mediator, in his or her sole discretion, will determine whether good cause exists to excuse the party’s failure to appear or otherwise comply with these rules. RULE 9. TIME LIMITS A. Any time limit provided for by these Rules may be waived or extended at the sole discretion of the County, if no Mediator has been selected, and at the discretion of the County with concurrence of the Mediator if a Mediator has been selected. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Orange County Minimum Insurance Coverage Requirements Note: An Exception or Waiver of Minimum Coverage may only be granted at the discretion and approval of Risk Management based on assessment of risk posed to the county. Coverage Low Risk Profile Standard Risk Profile High Risk Profile Specialty Encroachment Premises Lease Commercial General Liability Products/Completed Operation Explosion, Collapse & Underground (XCU) $1,000,000/$2,000,000 Per accident As above $1,000,000/$2,000,000 As Above If any, Limit to be determined. $1,000,000/$2,000,000 As above If any, TBD. $1,000,000* As Above If any, TBD. $1,000,000 $1,000,000 Automobile Liability $1,000,000 (CSL) Per occurrence $1,000,000* $1,000,000* $1,000,000* N/A N/A **Workers’ Compensation Statutory Statutory Statutory Statutory N/A Statutory **Employer’s Liability 100/500/100 500/500/500* 500/500/500 500/500/500* N/A 100/500/100 ** Waiver of Subrogation on WC Required if available Required if available Required Required N/A N/A Umbrella Liability $1,000,000 $2,000,000 $2,000,000+ $9,000,000+ N/A N/A Professional Liability may be required on a risk profile depending on nature of services provided by contract. Coverage required for professional service such as accountant, attorney, architect, design, engineering, health care and most consultants. $1,000,000 per occurrence $1,000,000 TBD TBD N/A N/A Sexual Misconduct (Sexual Abuse/Molestation) may be required for contractors working directly one-on-one with children and elderly or in overnight sheltering capacities. $1,000,000/$2,000,000 $1,000,000/$2,000,000 TBD TBD N/A TBD Cyber Liability may be required for contractors having access to personal identifying information, and/or computer networks. $1,000,000/$2,000,000 TBD TBD TBD N/A Environmental/Pollution Liability required if demolition, use of N/A $1,000,000 $1,000,000+* $1,000,000+* N/A N/A DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Orange County Minimum Insurance Coverage Requirements Note: An Exception or Waiver of Minimum Coverage may only be granted at the discretion and approval of Risk Management based on assessment of risk posed to the county. hazardous material or environmentally sensitive Fidelity Bond (loss of money or other property due to dishonest acts). Only for contracts such as Banking, Janitorial, Fundraising, TPA’s and similar, ETA TBD Amount depends on exposure to loss TBD TBD N/A N/A Other Coverage As required TBD TBD TBD TBD N/A N/A Bid, Performance & Payment Bonds TBD TBD TBD TBD N/A N/A *A combination of Umbrella/Excess and primary limit may be used to provide coverage for the amount shown. ** Workers’ Compensation is required if the contractor/vendor has employees. Owner Waiver is acceptable for a Sole Proprietor. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 STATE OF NORTH CAROLINA COUNTY SALES AND USE TAX REPORT SUMMARY TOTALS AND CERTIFICATION CONTRACTOR: Page __1____ of ______ PROJECT: FOR PERIOD: TOTAL FOR COUNTY OF: TOTAL FOR COUNTY OF: TOTAL FOR COUNTY OF: TOTAL FOR COUNTY OF: TOTAL FOR COUNTY OF: TOTAL FOR COUNTY OF: TOTAL ALL COUNTIES CONTRACTOR SUBCONTRACTOR(S)* COUNTY TOTAL * Attach subcontractor(s) report(s) ** Must balance with Detail Sheet(s) I certify that the above figures do not include any tax paid on supplies, tools and equipment which were used to perform this contract and only includes those building materials, supplies, fixtures and equipment which actually became a part of or annexed to th e building or structure. I certify that, to the best o f my knowledge, the information provided here is true, correct, and complete. Sworn to and subscribed before me, This the _______ day of _____________, 20____ Signed Notary Public My Commission Expires: Print or Type Name of Above Seal NOTE: This certified statement may be subject to audit. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 STATE OF NORTH CAROLINA SALES AND USE TAX REPORT DETAIL CONTRACTOR: Page ___2___ of ______ SUBCONTRACTOR FOR PERIOD: PROJECT: PURCHASE DATE VENDOR NAME INVOICE NUMBER TYPE OF PROPERTY INVOICE TOTAL COUNTY TAX PAID COUNTY OF SALE * $ $ TOTAL: $ * If this is an out-of-state vendor, the County of Sale should be the county to which the merchandise was shipped. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 HOT WORK PERMIT PROGRAM COMPLIANCE WITH THIS PUBLICATION IS MANDATORY OFFICE OF PRIMARY RESPONSIBILITY This instruction establishes policy and procedures and assigns responsibilities and requirements to ensure a comprehensive policy and program exists to perform work during new construction, repair, renovations and/or alterations that require hot work. It applies to all Orange County employees, contractors, and tenants on Orange County premises. Violations of this policy may result in appropriate disciplinary action to include administrative actions such as written or criminal prosecution under applicable North Carolina State Statue. 1. Objective. To assess the risk associated with hot work and prevent loss by fire. 2. Definitions 2.1. Hot Work: Hot Work is defined as any temporary or permanent operation that produces flames, sparks or heat. Hot work is not necessarily an occasional occurrence; it is often conducted as part of production processes in normal manufacturing operations. This includes, but is not limited to: cutting, grinding, brazing, welding, sawing, soldering, thawing pipes, sweating pipes or applying roofing materials with torches and sealing plastic shrink wrap. 2.2. Hot Work Shop: Any work shop that does hot work as part of its normal duties. Hot Work Shops will be inspected by the Orange County Fire Marshal annually and the shop will be given a "Hot Work Permit" for one year. 2.3. Hot Work Sites: Immediate area where hot work is to be accomplished. Includes all areas adjacent (includes above, below, and next to work site) to, on opposite side of wall surfaces, and an area encompassing a Thirty-five foot (35 ft.) radius around the immediate area where hot work is to be performed. 2.4. Hot Work Permit Form: A Hot Work Permit is a three-part form issued for all hot work. The Hot Work Permit Form may be obtained from project managers with Asset Management & Solid Waste Management and will be the only recognized form for use. 2.5. Non-Permissible Areas 2.5.1. See NFPA 51B:5.3 2.5.1.1. Hot Work Shall not be permitted in the following areas: 2.5.1.1.1. In areas not authorized by management 2.5.1.1.2. In sprinklered buildings where sprinklers are impaired, unless the requirements of NFPA 25, et al, are met. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 2.5.1.1.3. In the presence of explosive atmospheres (i.e. where mixtures of flammable gases, vapors, liquids, or dust with air exists) 2.5.1.1.4. In the presence of unclear or improperly prepared equipment, drums, tanks, or other containers that previously contained materials that could develop explosive atmospheres 2.5.1.1.5. In areas with an accumulation of combustible dusts that could develop explosive atmospheres. 2.5.2. Devices: Devices refer to any smoke detector, heat detector, duct smoke detector, beam detector or any other fire alarm system detection device that might require deactivation during hot work. (Manual fire alarm pull stations will not be deactivated during hot work.) 2.5.3. Device Number(s): 2.5.4. Addressable Fire Alarm Systems: Device Number refers to the individual number assigned to each detection device that might be impacted by Hot Work. 2.5.5. Conventional Hard Wired Systems: detection devices are not given an individual number; the Fire Zone along with room locations should be utilized. 2.6. Fire Safety Supervisor: Is responsible for enforcing the hot work policy, activities of fire watch and all outside contractors. 2.6.1 First and foremost, he or she has to decide if there is a safer way to complete the job or if hot work is the only option. 2.6.2 If hot work is the only option, determine if hot work can be performed in the area identified. Hot work must be prohibited in any area where the hazard cannot be eliminated or controlled. “No hot work” signs should be clearly posted. 2.6.3 If there is no alternative to hot work and the area in question is fire-safe, the fire safety supervisor authorizes the hot work by issuing FM Global’s Hot Work Permit. The job is then discussed with the person performing fire watch and hot work operator after following the precautions identified on the permit. 2.6.4 Oversees and manages the activities of the fire watch and outside contractors, providing approval signatures as required on the permit. 2.6.5 Once a decision has been made to use the hot work permit form, the fire safety supervisor shall work with the contractor performing hot work to complete Part 1 and issue the permit. The second page shall be taken out, scanned and electronically sent to Orange County Fire Marshal’s Office. The copy shall be retained with project management. The risk manager shall be notified of any hot work in Orange County facilities by email and telephone. 919-245-2155. acornetto@orangecountync.gov 2.7 Fire Watch: The job of the fire watch is to prevent fire and be ready to respond if one starts with the following duties:  Stays near the person performing the hot work  Closes all fire doors  Makes sure the work area remains free of combustibles and tarpaulins are not moved DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836  Pays particular attention to hot work jobs at elevated locations, on the building roof, on walls or inside buildings with multiple floors; these areas often are not watched carefully enough and frequently have ignited from stray sparks smoldering long after workers have left the job site  Never leaves the area while work is in progress or during breaks, such as lunch, unless relieved by a qualified replacement  Stops the hot work if improper conditions develop  Is ready to sound the alarm and use an ext inguisher or fire hose if a fire starts After completion of the Hot Work, a selected trained individual with an appropriate fire extinguisher provided by the contractor doing work must remain in the immediate area of the Hot Work to ensure that a fire does not start. Fire Watch must be maintained constant for 1 hour after the completion of hot work and every half-hour for the additional 3 hours. If smoldering is detected the Fire Watch will follow the RACE procedures: R Remove persons from danger A Activate the fire alarm system C Close all windows and doors E Extinguish the fire or evacuate the area. 3 Procedures 3.6 Supervisors, Project Managers, and Contractors will determine if welding, cutting, soldering and/ or heating is absolutely necessary as part of the project or work order and there are no alternative options to complete the job. If hot work is required, it will be the responsibility of the supervisor, project manager, or contractor to determine if the work can be performed outside the facility. Hot Work conducted outside still requires a permit be obtained. If outside, maintain a minimum of 35ft away from any structure or other combustible. If hot work cannot be completed outside the facility, a Hot Work Permit is required and will be completed in accordance with the procedures in Part 1 of the hot work permit. 3.7 Regardless of completing the work outside or inside the facility, the general fire safety guidelines outlined in this section shall be followed. 3.8 Permit Issue: Hot Work Permits can be issued by Asset Management project manager or designee. Hot Work Permits shall be requested at least 24 hours or last working day in advance of needed work. 3.9 Individuals issuing Hot Work Permits will ensure that: 3.9.1 Hot work site is acceptable for Hot Work and that there are no excessive combustibles or combustible/flammable liquids in the hot work area; 3.9.2 Individual(s) performing the Hot Work understand the minimum safety precautions as outline on the Hot Work Permit by completing the appropriate blocks on the form; DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 3.9.3 A copy of the Hot Work Permit is forwarded to the Orange County Fire Marshal Division prior to starting any hot work; unless it is deemed “emergency work”, but still must be approved by Asset Management Project Manager. 3.9.4 Original copy of the Hot Work Permit is posted in the hot work area in clear view; 3.9.5 If a Fire Watch is required that the appropriate information is completed on the Hot Work Permit Form. 3.9.6 Hot Work Permits are issued on a day-to-day basis, with the exception of designated “Hot Work Zones”. Hot Work Zones are approved by the Orange County Fire Marshal Division after a site visit, and are typically granted for long-term projects only. A “Hot Work Zone” permit may be issued for work requiring daily hot work over a lengthy period of time. 4 Notification: 4.6 It is the responsibility of the individual performing the Hot Work to ensure that Asset Management notifies the appropriate fire alarm monitoring company, Orange County’s insurance carrier through the risk manager and the Orange County Fire Marshal Division to the initiation and upon completion of any Hot Work. 5 Enforcement: 5.6 Orange County Fire Marshal Division has the responsibility to spot check hot work permits to ensure compliance. Permits may be revoked if the safety precautions have been violated. 5.7 The Asset Management Department has the responsibility to ensure only trained and certified personnel complete the Hot Work permit and that only qualified individuals perform Hot Work. 5.8 A designated Hot Work Supervisor must be onsite during all Hot Work Operations 6 Training: 6.6 All Orange County personnel that issue, spot check or perform hot work shall complete online annual training and obtain certification. All contractors that perform hot work shall complete online annual training. No individual may complete a Hot Work Permit or perform hot work without this certification. Asset Management will maintain all records of training completion. Go to https://fmglobaltraining.skillport.com/skillportfe/custom/login/fmglobal/fmgloballogin.a ction?path=fmglobal/login/FmglobalLoginAction&lang=en for access to the program. Once logged in the FM Global’s Client Training Center, type hot work in the Search bar and press Search. Take the Managing Hot Work Using FM Global’ s Hot Work Permit System and How To Fill Out A Hot Work Permit. A copy of your certificate shall be submitted to Asset Management. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 7 Coordination and Approval 7.6 Any requested changes to this policy will be coordinated with Asset Management, Risk Management and the Orange County Fire Marshal prior to the change being implemented 7.7 All departments annotated below have coordinated and given their approval via signature to this Hot Work Program Operating Instruction 7.8 Asset Management Project Managers or are to sign with their approval, the Hot Work Permit, indicating that the site has been inspected for safety prior t o work, as instructed on the Hot Work Form, and that a Fire Watch will be maintained by trained personnel or approved methods (i.e. detection systems in working order). The signee assumes responsibility for the work site and workers. Acknowledged by:______________________________________ Company Name: _______________________________________ Date: ________________________________________________ DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Environmental Solutions Group ● 7 Maple Leaf Drive., Greensboro, NC 27401 ● 336-373-1538 ● www.Go-ESG.com 1 Report with Protocols for Remediation Environmental Solutions Group Leading people, companies and communities to live, work and prosper in a sustainable environment. Report with Protocols for Remediation of Moisture and Microbial Damage Client Name: Orange County Project: Emergency Services Warehouse - 510 Meadowlands Dr., Hillsborough, NC Investigator: Dan Whittaker Report Prepared By: Dan Whittaker Date Report Issued: 8/4/2021 (update from 9/14/20 protocol) This report with protocols for remediation of moisture and microbial issues meets guidelines established by the following professional and government organizations that have put forth standards for performing environmental assessments and preparation of a protocol for remediation: American Conference of Governmental Industrial Hygienists (ACGIH), Bioaerosols, Assessment, and Control. 1999. American Industrial Hygiene Association (AIHA), Assessment, Remediation, and Post-Remediation Verification of Mold in Buildings, Guideline 3 (2004). American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE), Position Document on Indoor Air Quality, July 2011. American Society for Microbiology, Microorganisms, Mold and Indoor Air Quality, 2004. Environmental Protection Agency (EPA), National Ambient Air Quality Standards for Particulate Matter (40 CFR Part 50), 2006. EPA, Indoor airPLUS Construction Specifications, US Environmental Protection Agency, 2009. Indoor Air Quality Association, Recommended Guidelines for Indoor Environments, IAQA 01-2000. Institute of Inspection, Cleaning and Restoration Certification, IICRC S520, Standard and Reference Guide for Professional Mold Remediation, 2015. National Air Duct Cleaners Association (NADCA), Assessment, Cleaning, and Restoration of HVAC Systems (ACR 2006), March 2006. New York City Department of Health, Guidelines on assessment of fungi in indoor environments, Bureau of Environmental and Occupational Disease Epidemiology, New York, NY, 2008. World Health Organization, WHO, guidelines for indoor air quality: dampness and mould, 2009. World Health Organization, WHO, Air quality guidelines for particulate matter, ozone, nitrogen dioxide, and sulfur dioxide: Summary of risk assessment, Global update, 2005. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Environmental Solutions Group ● 7 Maple Leaf Drive., Greensboro, NC 27401 ● 336-373-1538 ● www.Go-ESG.com 2 Report with Protocols for Remediation Environmental Solutions Group Leading people, companies and communities to live, work and prosper in a sustainable environment. Assessment Protocol: This report is based upon a non-destructive visual assessment, laser particle detection and material samples collected on July 26, 2021, as an update from a protocol assigned on September 14, 2020. Components to be sampled were selected by the investigator. As mold can spread quickly under optimal conditions, both visual mold and spores can vary from day to day. For this reason, Environmental Solutions Group certifies that the mold counts contained in this report are valid on the dates of inspection. Protocols for remediation are valid for a period of thirty (30) days from the date this report was issued. Furthermore, Environmental Solutions Group (ESG) certifies that material inside the building contains the spore counts as indicated in the report. ESG is not able to certify that mold does not exist in areas that were inaccessible during the inspection process or that mold spores are not present in the air of the building. Testing and analysis of this investigation only pertains to damage from moisture and mold, and this report is intended to be relied on solely by the client. ESG’s liability is limited only to the fees paid by the client. Brief History (based upon information provided by the client and the onsite assessment): Environmental Solutions Group (ESG) was contracted by Orange County to perform laboratory sample collections and an indoor air quality assessment of the warehouse of the EMS building located at 510 Meadowlands Drive in Hillsborough, NC. A previous protocol was assigned on 9/14/20 and this report is an update of conditions combined with the previous report. Since the previous report, contents have been removed from the warehouse and engineering controls were implemented to help stabilize the environment and protect workers from areas of critical use. The warehouse was previously mostly used for storing contents, many of which are for medical purposes, and suspect microbial growth was observed at multiple contents in the interior of the building. Real-time measurements of the indoor air quality were collected throughout the warehouse. Surface samples were collected for laboratory analysis at numerous contents to determine the presence of microbial spores. Air samples for laboratory analysis were collected within the warehouse and the interior of the building near the warehouse entrance. Methods: Surface Sampling for Laboratory Analysis: representative bulk surface samples were collected using a sterile swab. Results of the lab analysis are discussed below. Air Sampling for Laboratory Analysis: samples were collected using a Micro-5 cassette for a 25 Liter collection of total spores, viable and non-viable. A Buck L-7 sampling system was used for sample collection. ESG’s Buck pumps are serviced and calibrated by the manufacturer and were calibrated prior to and during the assessment with a Zefon air flow rotameter. Results of the lab analysis are discussed below. Visible indications of moisture and suspect microbial material observed: • 8/4/21 protocol update: o Contents were removed from the interior. Signs of dust and/or suspect microbial growth w ere observed on the remaining racks and flooring. o ESG measured relative humidity measurements all above 78% within the warehouse during the data collection. • Previous observations from 9/14/20 protocol: DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Environmental Solutions Group ● 7 Maple Leaf Drive., Greensboro, NC 27401 ● 336-373-1538 ● www.Go-ESG.com 3 Report with Protocols for Remediation Environmental Solutions Group Leading people, companies and communities to live, work and prosper in a sustainable environment. o Signs of light microbial growth were observed on some of the contents stored within the warehouse. These contents were removed prior to ESG’s assessment. o The warehouse is unconditioned and builds up dust quickly, due to the main air and ventilation being introduced directly from outdoors via large fans near the top of the warehouse walls. ESG measured relative humidity measurements all above 84% within the warehouse during the data collection. ▪ Moisture issues and microbial growth can begin to occur when humidity levels remain above 60%. Indoor Air Quality and Biological Contaminants: ASHRAE 62.1 defines acceptable indoor air quality as “air in which there are no known contaminants as determined by cognizant authorities and with which a substantial majority (80% or more) of people exposed do not express dissatisfaction.” Indoor air biocontamination can be defined as an accumulation of a variety of biological agents and/or their byproducts on a surface, with the potential to become airborne and induce allergenic, infectious, or toxic responses in exposed individuals. Bio contaminants may include but are not limited to, bacteria, fungi, protozoa, microbial toxins, pollens, dust mites, and insect parts. Biocontamination due to moisture can lead to exposure to fungal particles not found in outdoor air. These particles contain allergens, triple helical glucan and co-occurring toxins that are associated with exacerbation of asthma and upper respiratory disease. Recent panels have found that the remediation of moisture and microbial growth in public buildings was justified in terms of improved public health. Air Sample Findings: Air samples to be analyzed for total airborne spores were collected in the interior of the warehouse, and outdoors for comparison purposes. The samples were collected using Micro-5 cassettes connected to a calibrated Buck Libra low-flow sampling pump for collection of total fungal spores, viable and non-viable, which provides a reliable profile of airborne fungi within 24 hours of collection. Below are the significant findings: • 8/4/21 report o An elevated (3,760 counts/m3) level of the pathogenic fungi Aspergillus/Penicillium-like was identified at the rear section of the warehouse. A 0 count was identified outdoors on the day of the assessment. ▪ Aspergillus and Penicillium are two of the most commonly found pathogenic fungi in problem buildings. Because the spores of Aspergillus and Penicillium are very similar, they are not differentiated by microscopic analysis and are reported together. These fungal types are considered an indication of a current or prior moisture issue in a building. o An elevated (4,080 counts/m3) level of the allergenic fungi Cladosporium was identified at the rear section of the warehouse. A 440 count was identified outdoors on the day of the assessment. ▪ Cladosporium grows indoors at low concentrations in damp or humid areas, but may be found in high concentrations in water-damaged building materials. Classified as a leaf surface mold, its identification indoors is not necessarily a sign of moisture indoors. It is commonly seen on windowsills, painted walls and a variety of cellulose materials. Its ability to sporulate heavily and become airborne makes it an important allergen when found in high levels. o An elevated (1,120 counts/m3) level of the allergenic fungi Cladosporium was identified at the front section of the warehouse. A 440 count was identified outdoors on the day of the assessment. • 9/14/20 report o A slightly elevated (760 counts/m3) level of the pathogenic fungi Aspergillus/Penicillium-like was identified at the interior of the building near the left entry door to the warehouse. A 0-160 count was identified outdoors during outdoor comparison samples. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Environmental Solutions Group ● 7 Maple Leaf Drive., Greensboro, NC 27401 ● 336-373-1538 ● www.Go-ESG.com 4 Report with Protocols for Remediation Environmental Solutions Group Leading people, companies and communities to live, work and prosper in a sustainable environment. o A slightly elevated (960 counts/m3) level of the pathogenic fungi Aspergillus/Penicillium-like was identified at the middle of the warehouse. o Slightly elevated (between 1,000 and 3,000 counts/m3) levels of the allergenic fungi Ascospores and Basidiospores were identified at the interior of the building near the left and right entry doors to the warehouse. o These fungal types appear outdoors at moderate levels and are generally found indoors at low or trace amounts. Direct Swab Findings: Surface samples for microbial analysis were collected in the warehouse for lab analysis (please see the “Chain of Custody” document below for specific locations). Below are the significant findings: • 8/4/21 report o An abundant (3) count of the allergenic fungi Cladosporium and a light (2) count of the pathogenic fungi Aspergillus/Penicillium-like were identified at the floor of the middle of the warehouse. o A loaded (4) count of the allergenic fungi Cladosporium and a trace (1) count of the pathogenic fungi Aspergillus/Penicillium-like were identified at the rack in the middle of the warehouse. • 9/14/20 report o Elevated counts (1-2) of the toxigenic fungi Chaetomium were identified at four of the six surface samples taken from items stored within the warehouse. ▪ These are slow growing fungi that produce toxins in spores which are poisonous by inhalation. These toxigenic types grow on building materials with high cellulose content and high moisture content, so it indicates a significant and generally a prolonged moisture source. ▪ Chaetomium is one of the five known as “zero tolerance” fungi in an indoor environment. • The lab uses a scoring system of 1 (trace), 2 (light), 3 (abundant), and 4 (loaded) to characterize the number of microbial spores identified in the sample. This scoring system is accepted by the IICRC S520 Standard for Professional Mold Remediation as indicative of normal fungal ecology should the score be a 1 or 2 (unless a zero tolerance fungi), and abnormal fungal ecology should the score be a 3 or 4. The lab also reports the number of hyphal fragments, or pieces of microbial material, which further support a characterization of either abnormal or normal fungal ecology. Observation: The findings of microbial growth and extremely elevated humidity within the warehouse indicate that the warehouse has been in a condition conducive to microbial growth. Randomized sampling of the surfaces within the warehouse reported on the 9/14/20 report indicated that the toxigenic fungi Chaetomium had been dispersed onto many of the surfaces and contents. Updated sampling and observation reported 8/4/21 indicated that the levels of airborne Aspergillus/Penicillium-like and Cladosporium were higher than before, and that these fungal types are on the surfaces of the warehouse at elevated amounts. It is also likely that additional Chaetomium spores also remain within the warehouse but were not identified in the limited surface sampling performed for the 8/4/21 report. These fungal spores likely originated from areas of dust accumulation where very high prolonged humidity allowed the fungi to grow. Natural disturbances within the warehouse from general air movement and human activity likely allowed this dust and fungi to become momentarily suspended in the air and land the contents. The tunnel containment (leading to the body cooler) had very clean particles counts and a very clean surface sample, indicating that the containment is continuing to be an effective barrier and is clean. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Environmental Solutions Group ● 7 Maple Leaf Drive., Greensboro, NC 27401 ● 336-373-1538 ● www.Go-ESG.com 5 Report with Protocols for Remediation Environmental Solutions Group Leading people, companies and communities to live, work and prosper in a sustainable environment. Elevated amounts of toxigenic fungi on surfaces along with the observed microbial growth indicates that the warehouse environment was optimum for fungal growth and that fungal spores have likely begun to colonize throughout any areas in the warehouse where the air may have had prolonged contact with organic material. Toxigenic, pathogenic and allergenic fungal spores identified in the air and surfaces indicates that fungal spores have likely been dispersed onto the contents and surfaces throughout these areas at elevated amounts. The remediation process will likely have to include some ‘discovery’ that could have an impact on the scope of work. Therefore, rigorous professional remedial actions per the IICRC S520 Standard to remove the microbial hazards, protect the occupants and a high level of care to protect remediation personnel are very important. The protocols indicated below are designed to address the fungal hazard issues indicated above and the findings of our investigation. The remediation contractor is not expected to remove all fungal spores from the building and contents, however, remediation is performed to minimize risk to occupants and building materials that can be compromised by fungal activity by restoring the building to normal fungal ecology as defined by the IICRC. The protocols are established in accordance with the policies established by document S520 published by the IICRC. The S520 currently sets the only standard for mold remediation. Any content items such as medical-related equipment, electronics, furniture or personal items will need to be cleaned by a professional remediation contractor before they are moved to a non-contaminated area. IICRC S520 Condition 3 (moisture impact zones) – portions of the warehouse, surfaces with visible microbial growth: water damage and microbial growth, including visible, settled and hidden fungal spores on other building materials. • Remediation should be conducted by personnel trained on proper clean-up methods, personal protection, and potential health hazards to comply with requirements of the OSHA Hazard Communication Standard (29 CFR 1910.1200) • Respiratory protection in accordance with the OSHA respiratory protection standard (29 CFR 1910.134) is recommended. Gloves and eye protection should be worn. • Applicable federal, state and local administrative codes, rules and statutes must be identified and followed. • The main work area is defined as the interior of the warehouse, which would include walls, ceilings, floors, framing members and affected content items. IICRC S520 Condition 2 (entire interior of warehouse, remaining warehouse content items, HVAC units): airborne and settled fungal spores likely to have been dispersed from a Condition 3 area. • The primary work area is defined as the entire warehouse. The surfaces in the warehouse should be cleaned and extra focus should be attended to porous and medical-related items. • The new HVAC units have been exposed to air from the warehouse and should be cleaned. These units have not yet been operational. • The containments areas (such as entry to the IT room and tunnel) will need to be cleaned as well. • Remediation should be conducted by personnel trained on proper clean-up methods, personal protection, and potential health hazards to comply with requirements of the OSHA Hazard Communication Standard (29 CFR 1910.1200) • Respiratory protection in accordance with the OSHA respiratory protection standard (29 CFR 1910.134) is recommended. Gloves and eye protection should be worn. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Environmental Solutions Group ● 7 Maple Leaf Drive., Greensboro, NC 27401 ● 336-373-1538 ● www.Go-ESG.com 6 Report with Protocols for Remediation Environmental Solutions Group Leading people, companies and communities to live, work and prosper in a sustainable environment. • Applicable federal, state and local administrative codes, rules and statutes must be identified and followed. Preparatory Steps (to be performed by the remediation contractor): • Use blue painter’s tape under duct tape to prevent unnecessary damage to walls; use staples and duct tape and/or spray tack to seal the protective barriers. • Seal all exterior wall penetrations and window seals in the building with blue painter’s tape to keep outdoor air from being pulled into the building during depressurization (note: it will be necessary to remove blue tape to clean under it. Replace with new tape after cleaning). Since the warehouse is currently unconditioned and considered very ‘leaky’ to outdoor air, best efforts should be made to seal any gaps/openings and temporary dehumidification should be installed. • It may be necessary to remove certain content items before the remediation process begins. • All remaining contents removed from contaminated areas should be cleaned and tested before being moved to a non-contaminated space. Specialized items such as electronics should be cleaned by a remediator that specializes in cleaning these types of items. Not all remediation contractors have the ability or technology to clean these types of items. It is recommended that the remediator provide references to the facility manager before the contract is awarded. • Any paper content items such as files should be removed from the building. These items should be cleaned and handled in accordance with the IICRC S520. These items should not be taken to a non-contaminated building or area. In some cases, files can be copied or scanned electronically. It is recommended that these items be handled by a certified remediation contractor who has experience with this process. • Set up a zip-door at the warehouse main entry. The remediation team’s access to the area must include decontamination and egress chambers so that the indoor air quality professional has a clean area to dress and access the building at the clearance assessment. Consult with ESG as to how to configure the containment if you are unsure. • Position sufficient air scrubbers throughout the building to remove a minimum of four air volumes per hour. Approximately 5-15 extra-large air scrubbers are anticipated for the warehouse (this number may vary based on the remediator’s recommendations and the PRV testing strategy). Place equipment where it can move the most air and reposition as necessary. Air scrubbing equipment needs to remain in operation until the PRV assessment is complete and/or permission is granted by ESG to remove equipment. Note: the amount of air scrubbing equipment may be adjusted up or down based on airborne particle mass readings obtained during the remediation and upon ESG’s approval. • Use fans, air guns or leaf blowers once every 24 hours to stir up settled dust in the corners and near the floors, walls, and ceilings of the building (note: this will require the owner to remove some items). Direct dust towards the air scrubbers to be filtered out of the air. HEPA pre-filters inside the air scrubbers should be changed or cleaned daily or per the manufacturer’s recommendations. • Run drying equipment as needed to bring RH below 50%. Air movers and dehumidifiers may be required to effectively remove the moisture from the air and building materials. PHASE I: DEMOLITION NOTE: Any moisture issues identified in this report or uncovered during the remediation must be confirmed as having been repaired prior to the replacement of building materials. The main known moisture issue is likely due entirely to the elevated humidity built up within the warehouse being pulled in from the outdoors. It is DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Environmental Solutions Group ● 7 Maple Leaf Drive., Greensboro, NC 27401 ● 336-373-1538 ● www.Go-ESG.com 7 Report with Protocols for Remediation Environmental Solutions Group Leading people, companies and communities to live, work and prosper in a sustainable environment. recommended options to condition the warehouse are pursued to prevent these moisture issues from returning. Work Area (warehouse and some of warehouse contents): • As mentioned above, establish negative pressure of the work zones prior to beginning work and position air scrubbers where they can move the most air. • In general, ESG recommends removing any items possible from the building to a location off-site. However, discussions took place regarding the warehouse that included options for cleaning the contents within the warehouse, potentially by creating containment chambers. At this time it appears that most contents have been removed. • Place all removed building materials in the sealed plastic bags prior to removal to the outdoors for disposal. • These sealed plastic bags should be HEPA vacuumed and wiped down with an anti-microbial before they are carried through non-contaminated areas. • Contact ESG if hidden moisture damage or fungal contamination is observed or if you are unsure how any hidden contamination should be addressed. • Significantly moisture damaged or fungal damaged building materials should be removed. This includes any porous or semi-porous (non-structurally significant) contents or building materials. It is possible that no additional signs of suspect microbial growth are observed in the warehouse but a thorough inspection by the remediation contractor will determine the condition. • Structural materials that are significantly contaminated but cannot be removed must be thoroughly cleaned with an anti-microbial chemical and then HEPA-vacuumed as indicated below. Structural materials with visible fungal growth may be encapsulated with anti-microbial paint after the clearance test is complete. PHASE II: CLEANING Work Area (entire warehouse, warehouse contents, and connex): • After all demolition has been completed, and all moisture issues are repaired, remaining building materials should measure <20% moisture content (where applicable). Convert the negative air machines to air scrubber function. • The entire warehouse and connex should be cleaned. These areas can be cleaned by using traditional wiping and HEPA vacuuming techniques or by using blast media such as dry ice. Currently, one option is to plan to convert the warehouse into a conditioned space and leave the insulation at the ceiling and walls in place after cleaning. The insulation has a plastic membrane facing the interior of the warehouse which should be able to be cleaned, and damaged areas of this plastic membrane should be patched. • Wipe down all remaining exposed surfaces with an EPA-registered anti-microbial. Using a ‘green’ product such as Benefect is recommended. • HEPA-vacuum all exposed surfaces. • The IICRC recommends that the remediation contractor conduct pre-clearance air quality monitoring to identify any remaining problem areas. A laser particle counter is ideal for this purpose. Checking air scrubber performance, any air supplies, and breathing zone air is an important part of the monitoring process. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Environmental Solutions Group ● 7 Maple Leaf Drive., Greensboro, NC 27401 ● 336-373-1538 ● www.Go-ESG.com 8 Report with Protocols for Remediation Environmental Solutions Group Leading people, companies and communities to live, work and prosper in a sustainable environment. • It may be necessary to place plastic barriers at the cavities, especially if airborne particle counts continue to be an issue. Although these areas may appear to be clean, they may introduce some contaminants into the clean space and you may not be able to fully control the air quality without barriers. • Power off all air scrubbers in the building and fog it with an EPA-registered anti-microbial intended for bioaerosol application. • Power on the scrubbers after the manufacturer’s recommended dwell time has elapsed. • Allow the air scrubbers to remain in operation for a minimum of 24 hours prior to collection of air samples for clearance testing (or until airborne particle load indicates that the home is ready for a clearance assessment). Handling of materials removed from the building or that will remain in the building: • Certain items removed from the building require special handling for removal of fungal spores. • Hard-surfaced non-porous materials such as solid wood furniture, non-porous decorative items, and glass may be HEPA-vacuumed, wiped down with an EPA-registered anti-microbial designed for wipe application, and HEPA-vacuumed one more time to remove inactive fungal spores. Test furniture in an inconspicuous area prior to wiping the entire piece with anti-microbial. General Recommendations: • Check for and document any areas of hidden damage and/or contamination during the remediation process. Contact ESG if you suspect contamination beyond that documented in this report. It is not unusual to find hidden areas of microbial growth or moisture damage when wet building materials are being removed. • The work areas should be left dry and visibly free from contamination and debris. • Do not apply an encapsulant or other substance that will prohibit a visual inspection of the building materials during the post-remediation verification (PRV) assessment. Encapsulants must be applied after an acceptable PRV assessment. • Seal the remediated areas to be clearance-tested after final cleaning to ensure entrance to the area is prohibited. Only the hygienist or indoor air quality professional performing post-remedial testing is to enter the contained areas. Critical barriers are to remain in place until certification is issued by Environmental Solutions Group indicating that the building is safe for re-occupancy. • Contact Environmental Solutions Group at 336-373-1538 to schedule post-remediation verification testing of the remediated structure to certify that it is ready for continued restoration and safe for occupancy. Leave any HEPA filters running but turn off and remove non-HEPA containing dehumidifiers 48 hours prior to the PRV. Leaving HEPA filters running until instructed by ESG is the preferred method of protecting workers and building occupants. Leaving air-moving equipment in operation has also been shown to provide the most accurate test results during the clearance assessment. If HEPA machines are moved or shut down while the area is under negative pressure, be sure the machines are properly shut off and HEPA filters are sealed in plastic to avoid re- contamination prior to the PRV. o The PRV assessment will include a visual inspection and collection of airborne particle load (PM10) readings from several interior areas. ESG may also choose to collect a swab surface sample of framing and/or floor system to be sure surface levels of fungal spores are at a normal fungal ecology level as defined by the S520 standard. If any of the testing methods above do not meet the specifications provided in the PRV assessment areas, re-cleaning of the remediated area(s) is required. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Environmental Solutions Group ● 7 Maple Leaf Drive., Greensboro, NC 27401 ● 336-373-1538 ● www.Go-ESG.com 9 Report with Protocols for Remediation Environmental Solutions Group Leading people, companies and communities to live, work and prosper in a sustainable environment. Restoration Steps Following PRV Testing (the PRV test should be conducted prior to replacement of any building materials removed during remediation procedures). All removed, impacted materials shall be replaced with like materials. All materials installed shall be new. Remediation Contractor Qualifications (to be considered when hiring a contractor to perform any of the remedial steps): 1. Training. The Contractor’s supervisor of the work crew must attend a recognized training program by the Indoor Air Quality Association (IAQA), the Institute of Inspection Cleaning and Restoration Certification (IICRC), or similar non-profit organization. Proficiency should be demonstrated by an industry certification such as one from the American Council for Accredited Certification (ACAC). 2. Previous Experience. The Contractor must demonstrate substantial experience with similar projects and provide references. a. All workers will be fit tested prior to starting the project (follow company fit test program). b. Follow all applicable OSHA safety and health programs. 3. Demonstrated Ability of Workers. The Remediation Contractor must demonstrate that it has (or will have) a sufficient number of remediation workers who have successfully completed in-house training regarding mold. Because of the timely nature of this project it is recommended the remediation contractor can provide 15 to 20 trained workers to continuously work on the project until it is complete. Once the remediation process is started remediation contractors should not stop or “pull off” personnel until the project is complete. Because of the nature and thoroughness of this type of work, it is recommended that these workers have been trained properly and are not temporary labor. 4. Insurance. The Remediation Contractor must demonstrate that it has sufficient coverage to meet owner’s requirement and preferably hold current General Liability and Mold Pollution policies. 5. Permits. The Contractor shall secure, pay for, and maintain in full force and effect until no longer necessary, all necessary licenses, permits, and permissions required by federal and state law, city ordinance, statute, or regulations. 6. The Contractor acknowledges that he/she has acquainted him or herself with all conditions that may affect the work as would be evident from a thorough investigation of the job site and these specifications covering the work. 7. Should any error or inconsistency appear in the Specifications, the Contractor, before proceeding with the work, must make mention of the same to the project coordinator for proper adjustment, and in no case proceed with work in uncertainty. Remediation Contractor Responsibilities The remediation contractor is responsible for the following: • Damage to property during the mold abatement procedures • Failure to achieve a passing post-remediation verification (PRV) assessment • Compliance with all federal, state and local codes as applicable to remediation activities to include holding permits as required by government entities • Security of abatement equipment • Communicating with the property owner/manager and obtaining permission for unusual requirements, such as but not limited to air discharge procedures, electrical requirements, temporary water, operations and/or storage areas, and requirements for access to the property DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Environmental Solutions Group ● 7 Maple Leaf Drive., Greensboro, NC 27401 ● 336-373-1538 ● www.Go-ESG.com 10 Report with Protocols for Remediation Environmental Solutions Group Leading people, companies and communities to live, work and prosper in a sustainable environment. • Communicating with the property owner regarding concerns about lead-based paint and asbestos hazards (additional testing for lead/asbestos hazards may be required) • Staffing the project with full-sized crews • Keeping an on-site folder containing the remediation procedures, route to a local hospital, project contacts with telephone numbers, Daily Field Activity Logs, and any other documents required for successful completion of the project • Fire extinguishers to be set inside the containment area • Signage • The on-site supervisor identified by the Contractor and whose biography was reviewed by ESG will continue with the project until completion • The Contractor must agree to the time schedule indicated by the property owner/manager that the property is available for abatement • The Contractor must agree to the project documentation requirements identified in the Qualifications section of this Report. In addition, the Contractor should provide ESG with the qualifications of key personnel and any subcontractors, an example of daily log forms, a list of chemicals to be used with their MSDS sheets, confirmation of how waste will be packaged, decontaminated and disposed of, the Respiratory Protection and Health and Safety Plans, and proof of E&O Insurance that covers mold abatement activities. Health & Safety The remediation contractor is responsible for the health and safety of remediation personnel and occupants of the building and is responsible for the following: • Providing appropriate personal protective equipment (PPE) to their employees • Providing fire extinguishers inside the work area • Providing an orientation for workers upon arrival to the site to discuss safety, security, egress, waste disposal, discretionary requirements, and decontamination procedures • Posting of warning signs at entrances to the work area that only authorized personnel are to enter Waste Disposal Waste must be removed from the containment area in a manner that does not spread the contamination and provides the level of discretion expected by the property owner. It is usually best to place bagged materials in the egress chamber, where they can be HEPA-vacuumed and wiped down with anti-microbial solution prior to removal to the outdoors for disposal. The contractor should determine if the public is not allowed to see the waste being handled before it is carried outdoors or to the trash container. Proper coverings should be used if the property owner requests a high level of discretion with waste. Post Remediation Verification (PRV) All of the organizations listed previously in this document recommended that a PRV, also known as clearance testing, be conducted by a mold professional not affiliated with the remediation firm. The Texas Guidelines require that the same equipment be used during the PRV as during the pre-remediation inspection. It is highly advisable and in the best interest of the property owner to follow these recommendations. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Environmental Solutions Group ● 7 Maple Leaf Drive., Greensboro, NC 27401 ● 336-373-1538 ● www.Go-ESG.com 11 Report with Protocols for Remediation Environmental Solutions Group Leading people, companies and communities to live, work and prosper in a sustainable environment. A typical PRV includes a visual inspection for dust and mold residue, confirmation that the source of the moisture has been corrected, and air sampling under normal disturbed air conditions to confirm that concentrations of airborne and surface mold spores inside the remediated area of the building envelope meet the following industry guidelines as established by the American Society of Safety Engineers’ Post-Remediation Evaluation Criteria for Mold Contamination (Professional Safety, November 2004). Airborne particle mass (PM10) readings must be below the thresholds established by the EPA for healthy indoor air. The PRV should be scheduled to occur 24 hours following mold removal and before the remediation firm has pulled equipment out of the building. The remediated area must remain off-limits to any personnel other than the remediation team and testing firm until the PRV has been completed and clearance has been achieved. The remediation contractor cannot be held responsible for future growth of fungal colonies in the remediated area as new growth can be achieved with the reintroduction of moisture. In addition, a warranty to prevent future mold growth is provided by the manufacturer of chemicals that may have been used during remediation and not the remediation contractor. The US EPA and OSHA recommend a follow-up inspection be conducted at some time period after the mold remediation has been completed. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Environmental Solutions Group ● 7 Maple Leaf Drive., Greensboro, NC 27401 ● 336-373-1538 ● www.Go-ESG.com 12 Report with Protocols for Remediation Environmental Solutions Group Leading people, companies and communities to live, work and prosper in a sustainable environment. General Reference Images 8/4/21 report DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Environmental Solutions Group ● 7 Maple Leaf Drive., Greensboro, NC 27401 ● 336-373-1538 ● www.Go-ESG.com 13 Report with Protocols for Remediation Environmental Solutions Group Leading people, companies and communities to live, work and prosper in a sustainable environment. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Environmental Solutions Group ● 7 Maple Leaf Drive., Greensboro, NC 27401 ● 336-373-1538 ● www.Go-ESG.com 14 Report with Protocols for Remediation Environmental Solutions Group Leading people, companies and communities to live, work and prosper in a sustainable environment. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Environmental Solutions Group ● 7 Maple Leaf Drive., Greensboro, NC 27401 ● 336-373-1538 ● www.Go-ESG.com 15 Report with Protocols for Remediation Environmental Solutions Group Leading people, companies and communities to live, work and prosper in a sustainable environment. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Environmental Solutions Group ● 7 Maple Leaf Drive., Greensboro, NC 27401 ● 336-373-1538 ● www.Go-ESG.com 16 Report with Protocols for Remediation Environmental Solutions Group Leading people, companies and communities to live, work and prosper in a sustainable environment. General Reference Images 9/14/20 report DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Environmental Solutions Group ● 7 Maple Leaf Drive., Greensboro, NC 27401 ● 336-373-1538 ● www.Go-ESG.com 17 Report with Protocols for Remediation Environmental Solutions Group Leading people, companies and communities to live, work and prosper in a sustainable environment. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Environmental Solutions Group ● 7 Maple Leaf Drive., Greensboro, NC 27401 ● 336-373-1538 ● www.Go-ESG.com 18 Report with Protocols for Remediation Environmental Solutions Group Leading people, companies and communities to live, work and prosper in a sustainable environment. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Environmental Solutions Group ● 7 Maple Leaf Drive., Greensboro, NC 27401 ● 336-373-1538 ● www.Go-ESG.com 19 Report with Protocols for Remediation Environmental Solutions Group Leading people, companies and communities to live, work and prosper in a sustainable environment. IAQ Data Charts 8-4-21 report 9-14-20 report Key for IAQ Data Chart • TVOC = Total Volatile Organic Compounds, CO2=Carbon Dioxide, CO= Carbon Monoxide, RH= Relative Humidity, TPM= Total Particle Mass • Pink readings exceed recommended level of TVOC or RH. Purple readings exceed recommended levels of CO or CO2. • Bold readings indicate that all four size categories where complete fungal and bacterial spores are located are above the thresholds and airborne contamination is likely. Orange readings exceed the EPA's threshold for total particle mass. o Note: ESG employs a combination of airborne particle counting, which provides a greater detail about the possible sources of particles, and gravimetric measurement, which allows for comparison to the established EPA and WHO air quality standards. • Note: 0.3µm & 0.5µm particles are considered ultrafine particles that usually consist of fragments of organic particles such as bacteria, fungi, viruses, and insects. 1.0µm-10.0µm particles are usually comprised of complete fungal or bacterial spores. Note: Tobacco smoke DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Environmental Solutions Group ● 7 Maple Leaf Drive., Greensboro, NC 27401 ● 336-373-1538 ● www.Go-ESG.com 20 Report with Protocols for Remediation Environmental Solutions Group Leading people, companies and communities to live, work and prosper in a sustainable environment. can skew the readings obtained by a laser particle counter. 1.0µm and 2.5µm particles may include spores from pathogenic Aspergillus & Penicillium. 5.0µm particles may include spores from toxigenic Chaetomium & Stachybotrys. • The Environmental Protection Agency & World Health Organization have established thresholds for indoor airborne total particle mass (TPM) based on weight. Using a conversion formula devised by manufacturers of particle counting systems, the number of airborne particles can be converted to a number based on the weight of the particles and compared to the standards of the EPA and WHO. o PM10 threshold: 50 mcg/m3 (WHO), 150 mcg/m3 (EPA) o PM2.5 threshold: 25 mcg/m3 (WHO), 35 mcg/m3 (EPA) DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Environmental Solutions Group ● 7 Maple Leaf Drive., Greensboro, NC 27401 ● 336-373-1538 ● www.Go-ESG.com 21 Report with Protocols for Remediation Environmental Solutions Group Leading people, companies and communities to live, work and prosper in a sustainable environment. Lab Results 8/4/21 report DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Environmental Solutions Group ● 7 Maple Leaf Drive., Greensboro, NC 27401 ● 336-373-1538 ● www.Go-ESG.com 22 Report with Protocols for Remediation Environmental Solutions Group Leading people, companies and communities to live, work and prosper in a sustainable environment. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Environmental Solutions Group ● 7 Maple Leaf Drive., Greensboro, NC 27401 ● 336-373-1538 ● www.Go-ESG.com 23 Report with Protocols for Remediation Environmental Solutions Group Leading people, companies and communities to live, work and prosper in a sustainable environment. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Environmental Solutions Group ● 7 Maple Leaf Drive., Greensboro, NC 27401 ● 336-373-1538 ● www.Go-ESG.com 24 Report with Protocols for Remediation Environmental Solutions Group Leading people, companies and communities to live, work and prosper in a sustainable environment. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Environmental Solutions Group ● 7 Maple Leaf Drive., Greensboro, NC 27401 ● 336-373-1538 ● www.Go-ESG.com 25 Report with Protocols for Remediation Environmental Solutions Group Leading people, companies and communities to live, work and prosper in a sustainable environment. Lab Results 9/14/20 report DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Environmental Solutions Group ● 7 Maple Leaf Drive., Greensboro, NC 27401 ● 336-373-1538 ● www.Go-ESG.com 26 Report with Protocols for Remediation Environmental Solutions Group Leading people, companies and communities to live, work and prosper in a sustainable environment. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Environmental Solutions Group ● 7 Maple Leaf Drive., Greensboro, NC 27401 ● 336-373-1538 ● www.Go-ESG.com 27 Report with Protocols for Remediation Environmental Solutions Group Leading people, companies and communities to live, work and prosper in a sustainable environment. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Environmental Solutions Group ● 7 Maple Leaf Drive., Greensboro, NC 27401 ● 336-373-1538 ● www.Go-ESG.com 28 Report with Protocols for Remediation Environmental Solutions Group Leading people, companies and communities to live, work and prosper in a sustainable environment. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Environmental Solutions Group ● 7 Maple Leaf Drive., Greensboro, NC 27401 ● 336-373-1538 ● www.Go-ESG.com 29 Report with Protocols for Remediation Environmental Solutions Group Leading people, companies and communities to live, work and prosper in a sustainable environment. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Environmental Solutions Group ● 7 Maple Leaf Drive., Greensboro, NC 27401 ● 336-373-1538 ● www.Go-ESG.com 30 Report with Protocols for Remediation Environmental Solutions Group Leading people, companies and communities to live, work and prosper in a sustainable environment. Chain of Custody DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Environmental Solutions Group ● 7 Maple Leaf Drive., Greensboro, NC 27401 ● 336-373-1538 ● www.Go-ESG.com 31 Report with Protocols for Remediation Environmental Solutions Group Leading people, companies and communities to live, work and prosper in a sustainable environment. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Environmental Solutions Group ● 7 Maple Leaf Drive., Greensboro, NC 27401 ● 336-373-1538 ● www.Go-ESG.com 32 Report with Protocols for Remediation Environmental Solutions Group Leading people, companies and communities to live, work and prosper in a sustainable environment. Mold in Moisture-Free Buildings Published studies of airborne fungal contamination in complaint buildings with known moisture issues are plentiful, while well-designed studies that propose baseline levels for airborne fungal spores in buildings without obvious moisture problems are scarce. Three recent studies conducted in Georgia1, Florida2 and southern Finland3 have focused on the levels of viable and non-viable airborne fungi in modern buildings in order to better define what are considered a typical number of airborne molds. The studies found that the number of non-viable and viable airborne fungi in an indoor environment without a known moisture issue are consistent regardless of geographical location or season. The studies primarily examined the airborne concentrations of leaf fungi (Cladosporium, Curvularia, Epicoccum & Alternaria species), soil and moisture-indicator fungi (Aspergillus, Paecilomyces & Penicillium species) and water-indicator fungi (Chaetomium, Stachybotrys & Ulocladium species). The researchers found that the water-indicator fungi are almost never identified in homes without a moisture issue and are equally uncommon outdoors. Therefore, the presence of airborne spores from Chaetomium, Stachybotrys & Ulocladium typically suggest the presence (or prior presence) of wet materials in the vicinity of the air sampling location. Furthermore, as these fungi do not normally release high levels of spores and these spore types do not remain airborne for extended periods of time, even low levels of these spore types (compared to other spore types released in large amounts such as Aspergillus/Penicillium species) are an indication of an elevated level of fungal spores. Therefore, the presence of Chaetomium, Stachybotrys or Ulocladium in an indoor air sample is extremely relevant in the interpretation of laboratory reports. The studies determined that the following spore types are most common and present in the following counts for non-viable fungi in homes without a known moisture issue: Spore Type Average Count/m3 (Indoors) Range Aspergillus/Penicillium 194 0 - 656 Ascospores4 53 0 - 317 Basidiospores 9 0 - 279 Cladosporium 18 0 - 176 Myxomycete/Smut-like spores 9 0 - 106 Curvularia 4 0 - 88 TOTAL 335 8 - 999 Table 1: average and range counts of the most common indoor non-viable airborne fungi in homes without a known moisture issue The Georgia and Finnish studies utilized cultured air sampling to generate results for viable airborne fungi. These researchers found that the leaf fungi dominate the composition of air cultures in buildings without a moisture issue. As with the Florida study, which used the non-viable air sampling method, water-indicator fungi were rarely identified in the non-problem buildings studied. While soil & moisture- indicator fungi were found to be present in air cultures but at a much lower ratio than for leaf fungi. The Georgia study concluded that the interpretive guidelines that emphasize using the ratio of indoor to outdoor molds as well as the ratio of leaf fungi to soil or water indicator fungi will result in an accurate assessment. All three studies conclude that investigators can compare their results from a home with a suspected problem to their data from homes known not to have problems and be relatively assured they are coming to the right conclusion. 1 “Air- and dustborne microflora in houses free of water damage and fungal growth”, Applied and Environmental Microbiology, Nov. 2004:6394-6400. 2 “Typical levels of airborne fungal spores in houses without obvious moisture problems during a rainy season in Florida, USA”, Investigative Allergology and Clinical Immunology, 2008 Vo. 18(3):156-162. 3 “Fungal species in mold-damaged and nondamaged office buildings in southern Finland”, Swedish Journal of Work and Environmental Health, 2008 No. 4:18-20. 4Ascospores and basidiospores were found to be the most abundant spore types in the outdoor air samples collected as reference data. As these spores do not commonly grow in buildings, their detection indoors typically suggests infiltration of outdoor air. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 Environmental Solutions Group ● 7 Maple Leaf Drive., Greensboro, NC 27401 ● 336-373-1538 ● www.Go-ESG.com 33 Report with Protocols for Remediation Environmental Solutions Group Leading people, companies and communities to live, work and prosper in a sustainable environment. DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 P.O. Box 8181 * 300 West Tryon St., 3rd Floor, Office 10 * Hillsborough, North Carolina 27278 Telephone: 919 245-2625 Fax: 919-644-3001 E-mail : abarnes@orangecountync.gov Page 1 of 2 Orange County Asset Management Services Addendum #1 August 21, 2021 ORANGE COUNTY BID NO. W H10068 PNW Emergency Services Warehouse Remediation, 510 Meadowlands Drive, Hillsborough, NC 27278. To all Vendors: All other terms and conditions shall remain the same By: Angel Barnes, AMS, CPM; abarnes@orangecountync.gov / 919.245.2628 Acknowledgement of receipt of this addendum shall be included with your submittal: Company Name: __________________________________________ By: __________________________________________ Date Received: __________________________________________ DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 P.O. Box 8181 * 300 West Tryon Street, 3rd Floor, Office 10 * Hillsborough, North Carolina 27278 Telephone: 919 245-2625 Fax: 919-644-3001 E-mail : abarnes@orangecountync.gov Page 2 of 2 General Notes: 1. The medical supplies mentioned within the Report with Protocols for Remediation have been removed from the warehouse under separate contract with a professional remediation contractor. 2. The HVAC units referenced within the Report with Protocols for Remediation as indicated are located on the west wall of the warehouse. There are three HVAC units. The ductwork from these units as been installed. These units do not have power therefore these units cannot be started up at this time. See Attached Drawing M2.0 Edited for exact location of HVAC units within the warehouse. Also shown on page 13 of the Report with Protocols for Remediation. 3. The cooler and IT closet currently have protective tunnels leading to each location. These rooms must remain accessible through out construction unit such time that staff can enter the warehouse to access these spaces. 4. Remediation Contractor is responsible for obtaining all necessary permits to complete the scope of work. 5. Contractors shall review the dates listed on the pictures. The Report with Protocols for Remediation was updated on August 4, 2021. End of Addendum 1 DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 EXISTINGGAS METEREXISTINGGENERATOREXISTING ERV ON ROOF.SSSE1CEFGIK2345AHU-1AHU-2AHU-3EXISTING GENERATOR ON GROUNDEXISTING OUTDOORUNITS ON GROUNDHP-1HP-2HP-3THREE (3) NEW 5 TON HEATPUMPS ON 4" CONCRETEPAD ON GROUND BELOW.THREE NEW SPLIT SYSTEM AIR HANDLERS ONFLOOR BELOW. FURNISH AND INSTALL A LITTLEGIANT VCMX-20 CONDENSATE PUMP (120V, 93W)WITH AHU'S. PUMP CONDENSATE UP HIGH (ABOVEDOORWAYS) AND ROUTE ALONG WALL TO OUTSIDE.450A450A450A450A450A450A450A450A450A450A450A450A16x1616x16 10x10 O/A10x10 O/A 12"Ø 12"Ø 12"Ø 12"Ø 12"Ø 12"Ø 12"Ø 12"Ø 12"Ø 12"Ø 12"Ø16x1612"Ø F D F D FDF D F DFDTTT20x18 20x1820x18 20x1820x1816"Ø 16"Ø 8"Ø8"Ø8"ØO/A TAKE-OFF TO EACH AHU.BALANCE EACH TO 150 CFM.16"Ø 16"Ø 20x18TYPICAL DUCT INSTALLATION - DUCTWORK TOBE ROUTED TO INCLUDE A COUPLE 90 DEGREEELBOWS, THEN A FLEX DUCT TO THE GRILLE /DIFFUSER FOR SOUND ATTENUATION.ANEW O/A INTAKE LOUVERTRANSITION DUCTWORKTO FULL SIZE OF LOUVERDOOR CLEARANCE(BELOW)DOORCLEARANCE(BELOW)NEW 7-DAY PROGRAMMABLE HEAT PUMP THERMOSTATS -ONE FOR EACH NEW HP. LABEL EACH WITH ENGRAVEDNAMEPLATE "HP-1", ETC.EXISTING THERMOSTATFOR CITY-MULTI SYSTEM.EXISTING CEILING CASSETTEEXISTING EXHAUST GRILLEPUMP CONDENSATE UPTO ABOVE DOOR WAYS1-1/4" CONDENSATE DRAIN ROUTED TIGHT TO WALL TO OUTSIDE.COORDINATE EXACT ROUTING WITH EXISITNG CONDITIONS.1-1/4" CONDENSATE DRAIN DOWN TIGHT TOWALL, AND THROUGH WALL TO OUTSIDENEW DRYWELLDUCTWORK ROUTED UP HIGH16x1614x148x14900B900BSDSDSDFIRE DAMPER ACCESS DOORS TO BELOCATED ON THIS SIDE OF RATED WALL.16x1412x148x1416x1412x148x1416x16N SUPPLEMENTAL AND REDUNDANT COOLING ORANGE COUNTY 911 94 Main StreetCanton, North Carolina 28716Reece, Noland & McElrath, Inc.ENGINEERSFAX: 828-492-1054MAIL@RNM-ENGINEERS.COMPHONE: 828-492-0677CWWW.RNM-ENGINEERS.COMNC CERT. NO. C-01492018MRMDJMM2.03DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836 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 7/8/2021 License # 1000009384 (336) 494-2503 (336) 226-6772 12572 Sasser Companies, LLC PO Box 10 Whitsett, NC 27377 12304 A 1,000,000 S 2253759 2/1/2021 2/1/2022 500,000 15,000 1,000,000 3,000,000 3,000,000 1,000,000A S 2253759 2/1/2021 2/1/2022 10,000,000A S 2253759 2/1/2021 2/1/2022 10,000,000 B WCV6139124 2/1/2021 2/1/2022 1,000,000 1,000,000 1,000,000 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. Orange County PO Box 8181 Hillsborough, NC 27278 SASSCOM-01 DCHRISCOE Hub International Carolinas PO Box 939 Burlington, NC 27216 Joe Pardue joe.pardue@hubinternational.com Selective Insurance Company of America Accident Fund General Insurance Company X X X X X X X DocuSign Envelope ID: A9A4637A-BE59-4285-99BE-D253C29FA836