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Home My WebLink About2022-029-E-AMS-Sasser Companies-Rogers Road Community Center Remediation DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1D313E [Departmental Use Only] TITLE RENA Remediation FY 2021-2022 NORTH CAROLINA CONSTRUCTION AGREEMENT UNDER$250,000.00 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter called "Agreement"), made as of the 12th day of January, 2022, 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"). WITNESSETH: 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 (Sheet Indoor Environmental Air Quality Assessment (Protocol) dated December 10, 2021) b. Written specifications prepared by the project engineer. c. Sasser Companies, LLC proposal dated December 15, 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. Revised 06/21 1 DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1D313E 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 February 15, 2022. 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 Revised 06/21 2 DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1D313E 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 Thirty-Two Thousand, One Hundred Six Dollars ($132,106.00). 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. 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 Revised 06/21 3 DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1D313E 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.oran eg countync. o�partments/purchasing division/contracts.php). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here N/A (if no additional insurance required mark N/A as being not applicable). 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, losses 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. Revised 06/21 4 DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1D313E 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.oran eg couni nc. ova/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 Revised 06/21 5 DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1D313E 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: Joe Hedrick 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 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 Revised 06/21 6 DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1D313E 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.oranaecountync.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 I I A and Article 40 of North Carolina General Statute Chapter 66. 1. 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. in. 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: Revised 06/21 7 DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1D313E 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 the 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. Revised 06/21 8 DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1D313E 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 E1/20/2022 �,a 1/19/2022 Signature Signature County Manager ]essi Hagee Project Coordinator Printed Name and Title Revised 06/21 9 DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1D313E ORANGE COUNTY—DEPARTMENT USE ONLY Party/Vendor Name: Sasser Companies, LLC Party/Vendor Contact Person: Joe Hedrick (jhedrick(cj)sasserrestoration.com) Contact Phone: 336.263.2434 Party/Vendor Address: PO Box 10 City Whitsett State: NC Zip: 27377 Department: AMS Amount: $132,106.00 Purpose: Rogers Road Community Center Remediation Budget Code(s): 61370035-880000-10081 Vendor#65006 (N/A if new vendor) Vendor is a BOCC consultant? Yes ❑No® Contract Type: (Check one)New Renewal ❑ Amendment ❑ Effective Date 1/12/2022 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 agreement: 1/20/2022 Department Director's Signature�fwr 4vkdt 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: Authorization to proceed approved by Travis Myren.No work scheduled to start until 1/24/2022 Risk Management This agreement is approved for sufficiency of insurance standards, specifications,and requirements: 1/20/2022 Office of the Risk Management Office au fhn.ffo Date: Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: k.V Office of the Chief Financial Officer E A—a— Date:1/20/2022 Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorneyr;,"Z hmw Date:1/20/2022 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: Revised 06/21 10 DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1 D313E Sasser Sasser Companies Restoration & Remediation Specialists 7237 Pace Drive Whitsett, NC 27377 Phone: 336-449-1144 Fax: 336-449-1151 Member Restoration Industry Association IICRC Certified Firm Proposal F Prepared for: Orange County Rogers Road Community Center 101 Edgar Street Chapel Hill,NC 27278 Phone:(336)449-1144 PO Box 10,Whitsett,NC 27377 Fax:(336)449-1151 www.SASSERCOMPANEES.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1D313E Sasser 15 December 2021 Rogers Road Community Center Attn: Mrs. Barnes and Mrs. Cornetto 101 Edgar Street Chapel Hill,NC 27516 Introduction• Sasser Restoration was asked to inspect the property located at 101 Edgar Street Chapel Hill,NC for the purpose of developing a proposal for the necessary demolition, content, electronic, and structural remediation with repairs. The Rogers Road Community Center is reported to be approximately seven (7)years old. The building is roughly 3800 sf, a one (1) story structure on a slab. During the inspection five (5) heat pumps were identified along with an AAON system. Within the not to exceed price from Sasser Restoration, the cost for a mechanical contractor to inspect the systems and ensure they are functioning properly only is quoted. The costs associated with any repairs to any of the systems is unforeseen and therefore not quoted. The inspection report from the Environmental Solutions Group revealed allergenic,pathogenic, and toxigenic molds affecting all areas within the structure as well as contents. This was verified through spore trap analysis as well as swab sampling. Due to the extremely high content of the pathogenic molds and the presence of the toxigenic mold, personal protective equipment has been elevated to the use of P 100 respirators and the need for protective suits until the first HEPA vacuuming is completed, and laser particle counts are confirmed within the threshold limits which will be monitored multiple times per day and will be reported to and approved by the Environmental Solutions Group. All Sasser Restoration crew members will be fit tested to ensure the proper fit to comply with OSHA and respirator logic safety requirements. Contents will be addressed in accordance with the industry requirements as set out in the IICRC's S520. It is the intent to remediate, contain and test all contents on site apart from electronics and backpacks. The electronics and backpacks will be brought back to our facility, cleaned through air washing,ultrasonic, and damp wiping for the electronics, and air washing, in conjunction with Ultra-Low Volume wet washing the backpacks. The goal is to provide a remediation in accordance with the standards of the IICRC's S520 while remaining cognizant of the cost of remediation versus the cost of replacement. The HVAC units and ducting will be cleaned, remediated, and sanitized by a NADCA certified firm, in accordance with the guidelines of ASHRAE, and with the actual work being completed by a NADCA certified technician. The carpet areas of the building will be HEPA vacuumed, and steam cleaned by an IICRC certified carpet cleaning technician, dried and then masked with carpet shield. This entire project will be supervised directly by the proposal preparer who is an IICRC Applied Microbial Remediation Technician as well as an IICRC Applied Microbial Phone:(336)449-1144 PO Box 10,Whitsett,NC 27377 Fax:(336)449-1151 www.SASSERCOMPANEES.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1D313E Sasser Remediation Specialist. Advanced certification is also held through the American Council for Accredited Certification as a Certified Indoor Environmentalist as well as a Certified Microbial Remediation Supervisor. These advanced certifications are preferred by the Environmental Solutions Group because they are outlined in the IICRC's S520 as further education which qualifies one as an Indoor Environmental Professional. For the breakdown of the remediation, the building will need to be separated off into the following chambers with a decontamination chamber constructed on the Northeastern entrance within the hallway: 1) Hallway and bathrooms 2) Kitchen and food bank 3) Library 4) Classroom 5) Staff office 6) Multi-purpose room Small adjoining rooms and closets will become part of whichever chamber they fall within. Phoenix Guardian HEPA equipped air scrubbers/Negative Air Machines will be placed within each chamber for the duration of the project. The sizing of the air scrubbers in relation to the cubic footage will ensure at a minimum of four(4)to six(6) air exchanges per hour. Each unit will undergo filter media changes daily,pleated filter changes weekly or sooner if situation so dictates, and HEPA filter replacement prior to the Post Remediation Verification. This project is projected to take two full work weeks for remediation with the testing being scheduled for 48- hours post remediation. Structural repairs are quoted and would start as soon as containments are deconstructed with the verification of a passed Post Remediation Verification. The repair portion of this project would be completed in less than one (1) week. Sasser Restoration is proposing the following scope of work based upon a visual inspection, in conjunction with the findings from the inspection report and sampling conducted by the Environmental Solutions Group: Proposal for Recommended Work and Proiected Order: For the following project, the preparer of the proposal will be on site for the duration of this project. Should the preparer need to be away from the jobsite for any extended period(more than 1 hour), Orange County point of contact will be made aware and a senior, mold trained technician will be on site with 24-7 phone access with the preparer of the proposal for questions. • 30-yard dumpster delivered to a protected parking lot. • Lock box will be placed at the facility. • Building will be posted with warning signs providing notice not to enter and OSHA safety signage. • An Environmental Solutions Group PRE assessment checklist will be posted and filled out as the project progresses by the proposal preparer. Phone:(336)449-1144 PO Box 10,Whitsett,NC 27377 Fax:(336)449-1151 www.SASSERCOMPANEES.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1D313E Sasser • It will be ensured that all workers on this project will be wearing p-100 respirators (full or half face) and that they will be fit tested to ensure proper fit. Respiratory protection will be reduced later in this project as the contaminates become less and confirmed through ESG by use of verbal communication and laser particle counts. • Placement of eight(8)phoenix guardian air scrubbers strategically placed throughout the building. The sizing of the air scrubbers in relation to the cubic footage will ensure at a minimum of four(4)to six(6) air exchanges per hour. • Framed, non-invasive decontamination chamber will be constructed at the Northeastern entrance to the facility. • Selective demolition to the up to 1 sheet of drywall from the ceiling area of the hallway, remediated, then sealed out with the use of 6-mil poly. • Removal of electronics and backpacks, transported back to Sasser Restoration for the purpose of air washing and cleaning methods. • Disposal of any items that are disposal items. Suggested disposal items follow: o Plastic plates/plastic ware/foil pans o Paper or plastic bags. Any food items packaged in paper(sugar/flour). o Open cardboard boxes. o Papers and flyers posted on the walls of the structure. o Magazines o Cloth covered chairs o Orange paper like/cloth bag in office area o Desk calendars o Mailbox system in office, each mailbox will be assessed individually. We will salvage what we can through HEPA vacuuming and air washing. Any papers thrown away will be photographed for later information retention. o Random pages on desks/sticky notes (items will be photographed and saved in the event information was needed) o Stacks of papers, it is recommended to remove and discard the top sheet. Areas where there are several folders or stacks of literature such as the Carrboro folders in the office will be cleaned/remediated individually. ■ Office papers and desktop items maybe boxed and kept on top of the respective desks. Sasser Restoration reserves the right to remediate and use the pre-existing boxes for the above. • HVAC systems inspection (subject to occur at some point during this project based upon their scheduling) (Deducted from proposal as this assessment was done by a contractor at the direction of Orange County) • Duct and system cleaning/remediation(subject to occur at some point during this project based upon their scheduling) • Heavy or detailed HEPA vacuuming of the entire structure area of the facility for the gross contaminate and spore removal. • Content remediation will be following the detailed HEPA vacuuming around to address the contents through the utilization of the HEPA sandwich as outlined in the IICRC's Phone:(336)449-1144 PO Box 10,Whitsett,NC 27377 Fax:(336)449-1151 www.SASSERCOMPANEES.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1D313E Sasser S520. In some instances, the contents will be bunched, sealed out of the chamber by using 6-mil poly, in other instances the contents may remain in place. This is all dependent of circumstances encountered during the remediation. (Special Attention: Per ESG sampling protocols, it is typical that dusts,particles, and spores settle and do not work their way into closed or sealed containers. Insides of sealed boxes,file cabinets, desks,plastic totes, and like items will not be addressed) • Glue down floor coverings will be HEPA vacuumed for gross contaminate removal, cleaned by an IICRC certified carpet cleaning technician, dried, and sealed out by using carpet mask. • Detailed damp wiping/scrubbing/treating with Benefect decon-30, the preferred antimicrobial will be used. This will include all surfaces and the exterior of any contents that remain. • Final light or once over HEPA vacuuming to complete the HEPA sandwich. • Rooms will be chambered off by use of 6-mil poly and heavy zippers. • All potential air gaps or intrusion points will be sealed out with the use of 6-mil poly. • Decontamination chamber will be re-wrapped with 6-mil poly to ensure there are no intrusions. • All HEPA equipped negative air machines/scrubbers will undergo the three-phase filtration change in accordance with the manufacturers specifications to ensure that there are no accidental spore releases or puff backs. This will be done chamber by chamber prior to the fogging discussed in the next bullet point. • The entire interior of the structure will undergo an Ultra-Low Volume antimicrobial fog to treat the air. This process will more than likely be done at least two other occasions during the remediation as earlier applications will assist as working as misting or air washing the structure and contents. • The structure will be closed for access to anyone for 24-48 hours at which point ESG will be lined up by Sasser Restoration (Orange County responsible for testing fees) to enter the facility and conduct the Post Remediation Verification testing. • Sasser Restoration will also coordinate and additional test at the office of Sasser Restoration where the backpacks and electronics will have been cleaned/remediated and placed within a testing chamber. • Upon completion and successful passing of all testing, Sasser Restoration staff will return to the site and deconstruct all containments and critical barriers, except for door containments in the reconstruction drywall work area. This will be left for dust control and suppression along with a HEPA equipped air scrubber. All equipment will be removed. (Special Attention: Items that were boxed to assist in consolidating will not be unpackaged by Sasser Restoration. This will allow the facility to place items back as they wanted them for organizational purposes. The dumpster will remain on site for a few days post remediation so they will have a location and the means to dispose of the boxes/waste.) Phone:(336)449-1144 PO Box 10,Whitsett,NC 27377 Fax:(336)449-1151 www.SASSERCOMPANEES.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1D313E Sasser • Backpacks and electronics will be delivered back to the facility upon completion. (Special Attention: Electronics will be placed back where they were taken from however, they will not be reconnected.) • Reconstruction consisting of the necessary drywall work and painting of the hallway ceiling and wall area will commence. Price for all Recommended Work Not to Exceed: $132,105.48 Exclusions: • Any mechanical repairs will be the responsibility of Orange County. • Any Post Remediation Verification Testing will be the responsibility of Orange County. Any failed attempt re-testing will be the responsibility of Sasser Restoration. • No additional repairs outside the above listed scope for the hallway area are not included. • Replacement costs associated with any discarded items. Sasser Restoration greatly appreciates the opportunity to assist in this time of need. As displayed in past remediation projects, Sasser Restoration is dedicated to providing daily communication, a superior result, and completing all projects in the promised time. Respectfully Submitted, Joe Hedrick Environmental Executive Sasser Restoration 336-263-2435 los- L/)OSEPH B.HEORICK\ BOAR—E F� \\ f I�wx / g Ar\.�6_E" bpi D ol/ Phone:(336)449-1144 PO Box 10,Whitsett,NC 27377 Fax:(336)449-1151 www.SASSERCOMPANEES.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1D313E Sasser Qualifications of Investigator & Report Preparer: Joe Hedrick Bachelors of Science Business Administration Institute of Inspection, Cleaning& Restoration Certification(IICRC) —Registration# 150719 Applied Microbial Remediation Technician Applied Microbial Remediation Supervisor Odor Control Technician Fire & Smoke Restoration Technician Water Restoration Technician Applied Structural Drying Carpet Cleaning Technician Trauma and Crime Scene Technician Color Repair Technician Carpet Repair& Reinstallation Technician Introduction To Substrate Subfloor Inspection Upholstery&Fabric Cleaning Health & Safety Equivalent Journeyman Textile Cleaner Journeyman Fire & Smoke Restorer Journeyman Water Restorer Master Textile Cleaner Master Fire & Smoke Restorer Master Water Restorer EPA/NC Certified Lead Renovator-NC Renovator Certification#170593 8-Hour Lead Renovation, Repair&Painting Course EPA Asbestos Accreditation South Carolina Consultant-Certification#BI-01837 Supervisor-Certification#SA-03022 EPA Asbestos Accreditation North Carolina Inspector-Certification#13139 Worker/Supervisor-Certification#74836 OSHA Accreditation-Certification#18-004779398 OSHA 10-General/OSHA 10-Construction OSHA 30 American Council for Accredited Certification(ACAC) Certified Indoor Environmentalist-Certification#1703006 Certified Microbial Remediation Supervisor-Certification#200903 l Subrogation Certified-Level 1 & Level 2 Xactimate Level 1 Phone:(336)449-1144 PO Box 10,Whitsett,NC 27377 Fax:(336)449-1151 www.SASSERCOMPANEES.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1 D313E rESG Environmental Indoor Environmental Air Quality Assessment Solutions Group IAQ Technician: Scott Sumner, CMI, IICRC AMRT Certified Council-certified Microbial Investigator* Institute of Inspection,Cleaning and Restoration Certification,Applied Microbial Remediation Technician Reviewed by: Susan Burns, CRIE Council-certified Residential Indoor Environmentalist* Dan Whittaker, CIEC, CMI Council-certified Indoor Environmental Consultant* Council-certified Microbial Investigator* *Board-awarded by the American Council for Accredited Certification Date of assessment: 12/10/2021 Prepared for: Orange County Building Characteristics: Address: 101 Edgar Street,Chapel Hill,NC 27516 Type: One-Story Commercial/Office building on a slab foundation Environmental Solutions Group(ESG)was contracted to perform an indoor air quality and moisture assessment for a building located at the address above. Several of the employees reported suspect microbial growth on chairs in a closet and suspect growth was observed on several of the supply vents. Real-time measurements of the indoor air quality(IAQ)were collected in the building, along with a visual observation for potential air quality hazards. Moisture meter readings were collected in conjunction with visual observations for moisture intrusion issues.Air samples for microbial laboratory analysis were collected in multiple rooms and outdoors for reference.Also, several direct swab samples for laboratory analysis were collected where microbial growth was observed. The following items were observed during the investigation. Main Observations: • Visible microbial growth was observed on most of the contents throughout the building(refer to images 3-5, 7, 8, 10 and 15 below). • Visible microbial growth was observed on most of the walls, ceilings and supply registers throughout the building(refer to images 2,4, 6, 9, and 11-18). • Particle counts were elevated in most areas tested. IAQ Data: • Particle counts collected indoors were elevated in several areas,particularly in the 0.3, 0.5 and 1.0 (smaller)micron size ranges. o Elevated airborne particles have been proven to reduce energy and productivity in occupants, and can transport chemicals, odors and bacteria which may allow for odor issues or adverse health effects for sensitive or immunocompromised individuals. Maintaining low particulate levels will be useful for helping prevent future IAQ-related issues. o Airborne particulates indoors may be due to a combination of factors,which generally are connected to overall occupant disturbances and general indoor dust levels. Other sources that can cause elevated particle counts include carpeting,water-damaged building materials,mold,improper exhausting of contaminants(such as in bathrooms and cooking Environmental Solutions Group • 7 Maple Leaf Drive,Ste 104, Greensboro, NC 27410 • 336-373-1538 1 www.Go-ESG.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1D313E Indoor Environmental Air Quality Assessment sources),hygiene products, aerosols, and outdoor air infiltration. Porous contents can be difficult to fully clean and may harbor elevated amounts of dust and microbial spores. o Elevated 0.3 and 0.5-micron sizes are considered ultrafine particles that usually consist of fragments of organic particles such as bacteria,fungi,viruses,and insects, and often indicate outdoor air infiltration(such as common outdoor allergens),or combustion sources such as cooking or smoking. 0 1.0 and 2.5-micron sizes may include spores from pathogenic Aspergillus&Penicillium. o Methods to reduce general particulate levels include general particulate/dust reduction such as reducing porous contents when possible,proper cleaning methodology, increase in HVAC filtration, increase in air movement time, and increasing tightness of the HVAC system. More information regarding these methods is outlined in the conclusions below. • Measurements for relative humidity(RH), carbon monoxide, carbon dioxide,total volatile organic compounds(TVOCs),and temperature registered within the healthy indoor air threshold. • Refer to the IAQ data chart for more information. Lab Result: Air samples for laboratory analysis were collected in several rooms and outdoors to help determine airborne microbial levels. See the"Chain of Custody"document below for specific sample locations. Below are the significant findings. • A very elevated(>12000 counts/m3)level of the pathogenic fungi Aspergillus/Penicillium-like was identified in the Multipurpose room. • A very elevated(>12000 counts/m3)level of the pathogenic fungi Aspergillus/Penicillium-like was identified in the Classroom. • A very elevated(>12000 counts/m3)level of the pathogenic fungi Aspergillus/Penicillium-like was identified in the Kitchen. • A very elevated(>12000 counts/m3)level of the pathogenic fungi Aspergillus/Penicillium-like was identified in the Family Bathroom. • A very elevated(10100 counts/m3)level of the pathogenic fungi Aspergillus/Penicillium-like was identified in the Library/Computer room. o The normal indoor condition for Aspergillus/Penicillium-like ranges between 0-650 spores. Lower levels of pathogenic fungi are occasionally identified indoors. Elevated levels of these pathogenic types of fungi may cause stronger allergic symptoms and can create sick-like reactions in most people. Younger and older individuals, and those who have sensitivities or are immunocompromised, are especially vulnerable. Sensitive individuals may experience allergic-like reactions at lower levels. ■ Pathogen is defined as a substance capable of causing infection or disease in otherwise healthy people. Pathogenic molds cause illness by growing in or on human tissues and most often require professional remediation. ■ 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 capable of producing potent mycotoxins and are considered an indication of a current or prior moisture issue in a building. Environmental Solutions Group • 7 Maple Leaf Drive,Ste 104, Greensboro, NC 27410 • 336-373-1538 2 www.Go-ESG.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1D313E Indoor Environmental Air Quality Assessment Lab Result: Surface samples for microbial laboratory analysis were collected from several surfaces where suspect fungal growth was observed. Please see the"Chain of Custody Document below for specific sample locations. • The lab identified a trace(1)count of the toxigenic fungi Chaetomium in the hallway ceiling. o Toxigenic fungi are slow-growing and produce toxins in spores which are poisonous by inhalation. They tend to colonize building materials with high cellulose content and high moisture content and generally indicate a significant and prolonged moisture source. Five toxigenic types of fungi are designated as `zero-tolerance' in an occupied indoor environment by the American Society of Safety Engineers(ASSE). • The lab identified a loaded(4)count of the pathogenic Aspergillus/Penicillium-like in the Multipurpose room. • The lab identified a loaded(4)count of the pathogenic Aspergillus/Penicillium-like in the Library/Computer room. • The lab identified a loaded(4)count of the pathogenic Aspergillus/Penicillium-like in the Classroom. o See the description of this type of fungi above. • The lab identified a loaded(4)count of the allergenic Cladosporium at the Hallway Ceiling. • The lab identified a loaded(4)count of the allergenic Cladosporium in the Men's Bathroom. • The lab identified a loaded(4)count of the allergenic Cladosporium in the Women's Bathroom o Allergenic fungi appear outdoors at moderate and high levels and are often identified indoors at trace and low levels.Many people exposed to higher levels of these types of fungi may experience allergic-like reactions. Sensitive individuals may experience allergic-like reactions at lower levels. The lab uses a scoring system of I (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, 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. ESG Concludes: • The visible microbial growth and the extremely elevated amount of pathogenic fungi in the laboratory air samples samples indicate that the indoor environment was optimum for fungal growth, and it is likely that fungal spores have begun to colonize throughout the entirety of the building affected by elevated humidity. The toxigenic fungi identified at the hallway ceiling indicates that prolonged saturation of that building material likely occurred. Pathogenic fungal spores identified in the air at elevated amounts indicates that fungal spores have likely been dispersed onto the surfaces throughout the building at elevated amounts as well as the HVAC system. The likely cause of the elevated counts is a humidity/condensation issue related to the HVAC system that occurred during the hot humid summer months. o Due to the findings stated above,which especially include the extremely elevated counts of Aspergillus/Penicillium-like at the air sampling locations,ESG recommends that no one enter this building without proper PPE,which at a minimum should include a P100 respirator,until the indoor air quality and moisture issues are resolved. Environmental Solutions Group • 7 Maple Leaf Drive,Ste 104, Greensboro, NC 27410 • 336-373-1538 3 www.Go-ESG.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1D313E Indoor Environmental Air Quality Assessment o Protocols for remediation are valid for a period of thirty(30)days from the date this report is issued, and it is recommended that the remediation process begin as soon as possible to prevent additional damage and/or fungal contamination. • The remediation process will likely 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. o 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 ANSI/S520 currently sets the standard for mold remediation. • To return the building to a normal fungal ecology and normal moisture levels,the entire building and its contents should be remediated by a certified remediation contractor using a remedial process aligning with IICRC S520. The building materials, contents and HVAC system with visible mold growth and/or wetness should be classified as Condition 3. The other building materials, contents, and parts of the HVAC system of the building should be classified as Condition 2. The certified remediation contractor should be engaged to oversee and complete all repairs and remediation of the building and its contents. See"Protocol References"below for more information and recommendations regarding the Condition 2 and 3 areas. The remediation contractor may have to subcontract certain services during the process,please reference the following recommendations: o Step 1: Repair sources of moisture and perform intrusive investigation as needed: ■ All active water-related issues should be discovered and repaired before or in conjunction with the beginning of remediation cleaning. In general,this could include but may not be limited to HVAC issues, foundation leaks,veneer leaks and any related plumbing leaks. • The professional(s) engaged to find and repair any active water issues should have qualifications relevant to the inspection that they are performing. This may include qualified professionals such as a licensed general contractor, a licensed plumber, and a NADCA certified HVAC professional. ■ The remediation contractor may need to perform exploratory demo and/or non- invasive techniques to discover all sources. When the source is discovered, all wet and/or rotted building materials should be removed, dried and/or cleaned before any final repairs are made and before, or in conjunction with,the remediation cleaning process. o Step 2: Demolition ■ Significantly moisture damaged or fungal damaged(Condition 3)porous building materials and/or contents should be discarded. Condition 3 semi-porous building materials can typically be restored(see Step 3), and Condition 3 semi-porous contents are often unrestorable due to staining, discoloration and decay caused by mold enzymes and therefore will likely need to be discarded. • Upon removal of Condition 3 building materials,the adjacent components should be inspected for additional signs of moisture damage and microbial growth which may require additional removal and/or cleaning of building Environmental Solutions Group • 7 Maple Leaf Drive,Ste 104, Greensboro, NC 27410 • 336-373-1538 4 www.Go-ESG.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1D313E Indoor Environmental Air Quality Assessment materials. In order to fully inspect the water damaged areas and determine the full extent of the moisture issues,removal of additional building materials may be necessary. • It is possible that no additional signs of suspect microbial growth are observed outside of the known areas of wetness/growth but a thorough intrusive inspection by the remediation contractor will help determine the condition. ■ Standard remediation quality controls such as air filtration devices(AFDs),negative pressure, and containment should be used. The remediation contractor should follow any additional cleaning standards pertaining to this situation, as set forth by the IICRC S520 and other industry cleaning standards. o Step 3: Cleaning of Condition 2 and Condition 3 areas: ■ Condition 2 non-porous/semi-porous building materials and contents can typically be cleaned. Condition 3 porous building materials and contents generally are not restorable. ■ Condition 3 semi-porous contents should first be examined for unrestorable water damage or mold damage prior to determining if they can be remediated. ■ Structural materials that are significantly contaminated but cannot be removed(such as wooden wall framing)must be thoroughly cleaned using HEPA-vacuuming and anti-microbial wiping as indicated in the"Protocol References"listed below. • In some situations,the remediator may recommend encapsulating building materials with anti-microbial paint,which should only be performed after the remediation is complete and a passing PRV clearance test is achieved (see Step 4). ■ A licensed and/or certified HVAC contractor should be engaged to repair and/or clean the entire HVAC unit(s)that service this building. This may or may not be the remediation contractor. A National Air Duct Cleaning Association(NADCA) certified firm should be engaged to clean the entire HVAC system and ductwork. If the ductwork is insulated on the inside,it cannot be cleaned and will have to be replaced. • To continue to determine the effectiveness of the dehumidification of the HVAC system,the HVAC unit should be inspected by a professional HVAC contractor. Humidity levels should remain below 60%. ■ Any porous possessions with visible suspect microbial growth(Condition 3) should be replaced if possible. All other possessions and contents should be cleaned. Air scrubbing, antimicrobial fogging/wiping, and cleaning of the building materials, possessions and hard surfaces should be performed. ■ Non-porous and semi-porous Condition 2 contents within the building should be thoroughly cleaned using HEPA-vacuuming and anti-microbial wiping as indicated in the"Protocol References"listed below. The interior of the rooms should be thoroughly cleaned using HEPA-vacuuming and anti-microbial wiping to remove fungal growth, dust, and potential settled fungal spores. The affected areas should also be fogged by an antimicrobial. • These activities should occur under engineering controls such as air scrubbing,pressurization, and containment. See more in in the"Protocol References"listed below. Environmental Solutions Group • 7 Maple Leaf Drive,Ste 104, Greensboro, NC 27410 • 336-373-1538 5 www.Go-ESG.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1D313E Indoor Environmental Air Quality Assessment • The cleaning of any of the important porous contents should align with industry standards along with the recommendations made by the remediation contractor. • Contents should not be removed and taken to a non-contaminated area before they are cleaned by a professional remediation contractor. It is recommended that any cleaned contents be tested before placing them in a non- contaminated area. o Step 4: Post Remediation Clearance Testing ■ Following the remediation(prior to rebuild),ESG should be engaged to perform a post remediation verification(PRV)to make sure the remediation is complete,that the remediated areas are dry and clean, and that the building contains a normal fungal ecology. See"Protocol References"below for more information and recommendations regarding PRVs. For prevention of IAQ issues in Commercial Buildings: • Humidistats should be placed in the building and monitored to ensure humidity levels remain below 60%. • A program should exist or be developed to ensure routine maintenance inspections and documentation. Moisture prevention through routine inspections and timely repairs are the most cost effective ways to prevent future microbial and moisture related issues from occurring. o A digital documentation checklist may be useful for providing consistency and quality assurance of inspections. o Inspections by the maintenance should include(but not limited to) documentation and classification of any water leaks, documentation and data collection of the humidistats, routine inspections of the HVAC system and replacement of the air filters, occupant surveying for information regarding visible moisture damage or unusual odors,visual surveys of exterior windows/walls and condition of sealants/grout. o The Environmental Protection Agency(EPA) suggests that the management of commercial buildings dedicate an employee as an `IAQ Manager' for the building to help create and implement an effective IAQ program including the tasks mentioned above. Contact ESG for recommendations on resources with IAQ prevention examples and templates. o ESG may be engaged to help create a facility moisture prevention and occupant risk prevention plan or can be engaged for reviewing and advising on current maintenance plans. o ESG encourages considering routine semi-annual air quality and environmental check- ups for systemic IAQ issues. These check-ups may be very beneficial for preventing IAQ issues and reassuring the safety of the occupants. Any specific areas of concern may also be addressed during the check-ups. These check-ups are generally the most beneficial when performed in the Summer and Winter. Contact ESG for more additional information on yearly testing plans. • ESG recommends considering ongoing IAQ monitoring for CO2,VOC's,particles,RH, and temperature by use of discrete air quality monitoring devices. These monitors can be very helpful for preventing building issues, addressing occupant concerns, and determining ongoing building performance. ESG may help with the strategic placement of these devices, analyze the data, and Environmental Solutions Group • 7 Maple Leaf Drive,Ste 104, Greensboro, NC 27410 • 336-373-1538 6 www.Go-ESG.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1D313E Indoor Environmental Air Quality Assessment provide quality assurance and calibration with ESG's remote ongoing monitoring program. Contact ESG for more information regarding this program. o These devices also can store data over time or be monitored for specific air quality fluctuations. ESG may be engaged to help analyze this data and make recommendations as needed. Equipment List: • Delmhorst Moisture Meter • GrayWolf IQ-610 Indoor Air Quality Probe • AdvancedSense Pro Environmental Test Meter • Lighthouse 3016 IAQ Particle Counter • Buck Libra L-7 pump with Micros air sampling cassettes • Direct Swab exam Use of Report: This report is intended as a record of conditions observed by ESG at the time of assessment. While this material is helpful to a remediation contractor,this material is NOT a Health Hazard Evaluation(HHE) report or intended to be shared with a medical professional or an attorney. Furthermore,ESG requires proper notice and compensation for any unanticipated services that were not originally included in the cost of the service. This includes all legal-related services such as depositions,trials,legal preparation, and legal consultation. ESG can provide expert testimony services and prepare reports for litigation purposes with proper notice and appropriate compensation. For more information about the various reports offered by ESG,please contact our office at(336) 373-1538. Environmental Solutions Group • 7 Maple Leaf Drive,Ste 104, Greensboro, NC 27410 • 336-373-1538 7 www.Go-ESG.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1 D313E Indoor Environmental Air Quality Assessment Reference Images PICTURE 1 Front of the building. wm 1: 1 PICTURE 2 Visible microbial growth was observed on the ceiling and supply register in the main hallway. i i 1• 1 Environmental Solutions Group • 7 Maple Leaf Drive,Ste 104, Greensboro, NC 27410 • 336-373-1538 8 www.Go-ESG.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1 D313E Indoor Environmental Air Quality Assessment PICTURE 3 Visible microbial growth was observed on most of the contents in the classroom area. h- PICTURE 4 Visible microbial growth was observed on the walls ceilings and continent in the room marked "classroom". Environmental Solutions Group • 7 Maple Leaf Drive,Ste 104, Greensboro, NC 27410 • 336-373-1538 9 www.Go-ESG.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1 D313E Indoor Environmental Air Quality Assessment PICTURE 5 Visible microbial growth was observed on the shelving in the � �'r closet of the classroom. � - PICTURE 6 Visible microbial growth was observed on the walls, ceilings and the supply's in the multipurpose room. a F Environmental Solutions Group • 7 Maple Leaf Drive,Ste 104,Greensboro, NC 27410 • 336-373-1538 10 www.Go-ESG.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1 D313E Indoor Environmental Air Quality Assessment PICTURE 7 Visible microbial growth was observed on most of the content items stored in the multipurpose room. PICTURE 8 Visible microbial growth was observed on most of the content items stored in the multipurpose room. Environmental Solutions Group • 7 Maple Leaf Drive,Ste 104, Greensboro, NC 27410 • 336-373-1538 11 www.Go-ESG.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1 D313E Indoor Environmental Air Quality Assessment PICTURE 9 Visible microbial growth was observed on the walls and ceilings in the classroom area. PICTURE 10 Visible microbial growth was observed on most of the contents h„ in the library/computer room. yr Environmental Solutions Group • 7 Maple Leaf Drive,Ste 104, Greensboro, NC 27410 • 336-373-1538 12 www.Go-ESG.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1 D313E Indoor Environmental Air Quality Assessment PICTURE 11 Visible microbial growth was observed on the walls, ceilings and supply's in the library computer room. PICTURE 12 Visible microbial growth was observed on the ceiling and the supply in the women's bathroom. �• Environmental Solutions Group • 7 Maple Leaf Drive,Ste 104, Greensboro, NC 27410 • 336-373-1538 13 www.Go-ESG.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1 D313E Indoor Environmental Air Quality Assessment PICTURE 13 Visible microbial growth was observed on the ceiling and the supply in the men's bathroom. PICTURE 14 Visible microbial growth was observed on the ceiling and the supply in the staff office room. Environmental Solutions Group • 7 Maple Leaf Drive,Ste 104, Greensboro, NC 27410 • 336-373-1538 14 www.Go-ESG.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1 D313E Indoor Environmental Air Quality Assessment !' PICTURE 15 j� Visible microbial growth Was r� observed on contents in the office staff room. PICTURE 16 Visible microbial growth was observed on the kitchen walls, ceilings and supply's. Environmental Solutions Group • 7 Maple Leaf Drive,Ste 104,Greensboro, NC 27410 • 336-373-1538 15 www.Go-ESG.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1 D313E Indoor Environmental Air Quality Assessment PICTURE 17 Visible microbial growth was observed on the kitchen wails, ceilings and supply's. 09:4 PICTURE 18 Visible microbial growth was observed on the cabinets in the kitchen. Environmental Solutions Group • 7 Maple Leaf Drive,Ste 104, Greensboro, NC 27410 • 336-373-1538 16 www.Go-ESG.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1D313E Indoor Environmental Air Quality Assessment Lab Sample Results �► � Direct Exam: Spore Trap Analysis SAI Method B-SOP-003 Client: Environmental Solutions Group Attn: Scott Sumner Lab Order ED: 71981253 7 Maple Leaf Drive Analysis ID: 71981253 STO Suite 104 — Greensbom,NC 27410-5181 Date Rcedwd: 12/10/2021 Project: Orange County Date Reported: 12/10/2021 Sample ID 1 2 4 EXTERIOR Lab Sample lD 71991253 STO_001 71991253 STO 002 71981253_STO_003 AVERAGE Dcecriplion Outdoor Air Multipurpose Room Air LibrarylComputer Air N/A Lab Nate, N/A Volume(L) 25 25 25 NIA Analyliral Sensawity 40 40 40 N/A (countslma) IDENTIFICATION Raw Con—natieu % Raw Coacenlrattan Of Raw Concenlratien % Raw Cmcen[ratim %Of Count (rountslml) Total Count (counts/W) Total Cannt (counts/m') Total Count (taunts/m') Total tenarra 31 1240 37.4% 3 120. 0.977"m 1 40.0 0.3M% 31 12� 373% -Ilad Penrc�!liam-Uke >;100 >12000 97-71.— 252 W100 97-Pm aeidVo% 29 11W A3% 1 40,D 0_375"^= 4 im I_"` 29 It" 349% Cladaryanum 9 3a0. HIS% 3 120. 0.9771, 2 00.0 0.7721, 9 3e0. 10.9% Curvularia yxomycete�R-1 Sams-like 12 400. 14.5% 12 490. 14.5% I:nknoun/fhhtt 2 WO 2.41.1 2 W.D 2.40% TOTAL 93 3320 I00.% >307 Anna 100_A 259 Moo 100.90 83 3320 100.% m-Ceaalavc Fibers hat Fza 4 160. 6 210. 1 4(i.e 4 M. ect Parts sida Cea%"Total➢ n. 0-20% 0-20% 2P40% NIA T,Ad nebmf Bac aad 40-e0% 20-40% 4D-a0% N/A .utlA£u1P peq Pot p a1—[actor - .1-N. re a 9 •A Bisk spore.h.mnoanfleaoeseapprvmnaiev numpe or mnlamoual• Darrin Patrick(7) esasl.ls uvu�i Analyst APProved Signatory SrIeollBc Analyaral lnslilnle,Inr. .1604 Ouldas Ur.freensbaro.NC 27407 (336)292-3888 Pgel af3 Environmental Solutions Group • 7 Maple Leaf Drive,Ste 104, Greensboro, NC 27410 • 336-373-1538 17 www.Go-ESG.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1D313E Indoor Environmental Air Quality Assessment Direct Exam: Spore Trap Analysis SAL Method B-SOP-003 Client Envirotunental Solutions Group Atth� Scott Stunner Lab Order ED: 71981253 7 Maple Leaf Drive Analysis ID: 71981253 STO Suite 104 Greensb—,NC 27410-5181 Date Received; 12/10/2021 Project: Orange County Date Reported: 1 711012 07 1 Sample ID 6 9 11 EXTERIOR Lab SamplelD 71981253 STO_004 71421253_STO_005 71981253 STO_006 AVERAGE Description Classroom Air Staff Office Au Kitchen Air NIA Lab Notes N/A Vulume(L) 25 25 25 NIA Analytical Sensitivity 40 ap 46 N/A (counislm� IDENTIFICATION Raw COaceotratio. % Raw Concentration %Of Raw Cuacemration % Raw Concentration %Of Count (countVra') Total Count (countslm°) Total Count (counts/m') Total Count (countsint) Total 1 40.D 5261a 5 200, 26.390 1 40,p 0.32'!% 31 1240 313% r Ihs/P—allam-ab ''300 >12000 99.0%ek 4 1W.. 21.1% 1300 -=120W 96.0%" a51d1os 1 40A 0.33W. 8 320. 421% 1 40.0 032T' 29 1160 34.9% Cla3oe 1 ;o.o 0.33056 1 40,D 5.21% 4 160. 13111 9 3W. 10.8% bvx1lana 1 40.0 0.330% ys..Y.el Rost 8t00[-11e 12 4BG 14.5% nknm Othu 2 SO 240% TOTAL A03 12100 to.% 19 760. M.N. '306 >12200 101% 63 3320 100.% ®-Ceaulosic Fibers hat Fea so 1 io.0 4 1K. ecl Perts 8Ida Cell%MiotLL Debris 0-20W6 0.20"h 0-20W6 NIA Taal Debrh in Bs uad 20-40% 00.300% 20-40% NIA _ c,os x �1r. _ _r,alvn. u a a `� - Hex:r .o�.oraoa.e�o..'.n��m eP• r m.i.�o or.. Darrin Parrick(7) asa:r.r5 ro�� Analyst Approved Signatory SeleollOc Anahnral ln•ihi0r,ine. a604D.ondas Dr.C:reensboro.NC27407 (336)292-3888 Page l af3 Environmental Solutions Group • 7 Maple Leaf Drive,Ste 104, Greensboro, NC 27410 • 336-373-1538 18 www.Go-ESG.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1D313E Indoor Environmental Air Quality Assessment OA Direct Exam: Spore Trap Analysis SAL Method B-SOP-003 Mat! Enviromnental Solutions Group Art"; Scott Stunner Lab Order ID. 719812�3 7 Maple Leaf Drive Analysis ID: 71981253 STO Suite 104 Greensb om,NC 27410-SISI Date Received! 12/10/2021 Project: Orange County Date Reported: 12/10/2021 Sample ID 14 EXTERIOR Lab Sample ID 71981253 STO 007 AVERAGE Desorption Family Satluoom Air NIA Lab Notes NIA Volume(L) ZS NIA Analytical Sensitivity a0 N/A (coontaw) IDENTIFICATION R— Concentration % Raw Coacentralion % Count (coantslm') Total Count (coun"int') Total ternwm 3 160. 1.211. 31 1240 37.3% r'I l.s/P¢ni i!!um-Ieke u o �12000 91.5%.. ® os 120. 09 5°' 29 1160 34.9% Clodo+W>•wn 12 00. 374% 9 3601 10.0% LSmalana y—y.tW Rush 8mm-11e wo 0.623% 12 480 €4.5% akno+�mromer 2 so.o 24M IOTAL >321 >126M 100.% 63 5320 100.% ®-c akin-Pit— F=a so,o 4 160, P" Stria CW%.fT..L Bebria 0-20% N/A Tote)Dearirin Bac and 40-401 N/A m..a.�.....:ru...v.�..hw.. ar u�a...mNv .a..r.,.c.. .,�a��M.,.......rr..tun,»�6».. I,.rs,v.1 �. �" n .n....h I v ,i.IL, .stxaswearn..e..Aw.r..n su1s-rr_.6.c.wr<rn.II—.aw.n.v Limn.a..l.-.—'awb.c.V..=k e--d,..r<..6�I.-..e.k...•r•......i,»..e... Darrin Parriek(7) Analyst Approved Signatory SrienOBe AnrlyOral lnslil nlr,Inr. 4604 BuOdas Pr.Green.barO.NC 37407 (336)292-3S8S Pryge 3 of3 Environmental Solutions Group • 7 Maple Leaf Drive,Ste 104, Greensboro, NC 27410 • 336-373-1538 19 www.Go-ESG.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1D313E Indoor Environmental Air Quality Assessment Page 14 1 Direct Exam: Swab Analysis SAI Me[hod H SOP-005 _ Client: Enduonm ml Solutions Group Attn:Scott Sumner 7 Maple leaf Dtive Suite 104 Lab ID:71981251 Greensboto,NC 27410-5191 Received:12/1012021 Project lD: orange Cnnnty Re orted:l2/1012021 Sn IeID 3 5 7 8 10 12 13 Sample Description Multipurpose Libr /Co Class Wall Hall-ayCeilin Staff Pffice Mons Bath Womens Bath IDENTIFICATION:1-Trace(1-10 spare,);2'•Light(11-100 apores);3-°Ab—dant(101-300,poses)4 Lasd,d(�300,pases) Alrernario 1 Ascos ores 2 As er illus I 1 As 'llus/Penicillium-like 4 4 4 Basi&osporos 2 2 Chaetomiam L Clados orium 4 1 4 4 Cumdaria Drechslera/Bi ]arts E icnccam M m cetelR-t/S—t-like 1 I 1 M os ra Penicilfiam L Pithom ces sco alario sia sp.g=— stachj,botrvs stem liven Terra loa Tamia Ulocladium Unknown/Other Fruitin budics 1 2 1 4 4 4 H•]m1 fhgu,nts 1 2 4 1 4 4 Pnllen llebns 2 2 3 4 3 3 C01I111ENT: Scientific Analytical Institute,Inc. 4604 Dundas Dr.Greensboro,NC 27407(336)292-3888 Microbiology Technical Manager a-r-ms—1121- Unlers ofh—d.nofer!bunk sample emrecllon,r¢s nal performed on analvilrnl rasuifs.Srienitfc AfraNllen!Insllhlfe pnrllclpnres In the AINA EMPATprwam forfPivi.Eh2AT Labomtory tD.1 73I40.This report relot,s only m d e—Pin imted and map not be W,,,4 ced,—pi in fidf,,,,ahaa,fhe,vriifen npprm•a!of SAl,R posting Limit,quods the Analytical Sen,dn•jry. Environmental Solutions Group • 7 Maple Leaf Drive,Ste 104, Greensboro, NC 27410 • 336-373-1538 20 www.Go-ESG.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1 D313E Indoor Environmental Air Quality Assessment Chain of Custody Scientific Analytical Institute Lab Use only 4604 Dundas Dr.Greensboro,NC 27407 Lab Qrder ID: JW Phone.,336.292.3888 Fax.,336.292.3313 Client Code: wwwsallab.com lab�sailab.com Company Contact Information Microbiology Test Type's Company:Environmental Solutions Group Contact:Scott Sumner Spore Trap-Slit tmpact, Elic,AOC/Ally Coco STA) Address:7 Maple Leaf Drive,Suite 104 Pbone❑: Spore Trap other,ie Micas 1l4� (sTo) A Greensboro,NC 27410 Fax❑: Direct Exam Tape(DET) ❑ Email❑:ssumner®go-esg.com Direct Exam Swab(DES) ❑ Direct Exam Bulls(DEB) ❑ Billing/Invoice Information Turn Around Times Fungal Culture Aix(FCA) ❑ Company:SAME 90 Min. ❑ 48 Hours ❑ Ftntgal Culture Swab RCS) ❑ Contact: 3 Hours 72 Homs ❑ Fungal Culture Bulls(FCB) ❑ Address: 6 Hours ❑ 96 Hum ❑ Bacteria Culture Art(BCA) ❑ 12 Hotns ❑ 120 Hours ❑ Bacteria Culture Bulk(BCB) ❑ 24 Hours ]44*Hours❑ Bacteria Culture Swab(BCS) ❑ Biolog(BLG) ❑ PO Number. 1 pl Cl / Drinking water(Bccq ❑ .i` !PP ! CalifarmlE.coli Project Name/Number: OrAm �e other: ❑ Sample ID# Description/Location Volume/Area- Comments t 25-4 vl-l-i' v e i 5 5 �Ib n , .q Cn Y 1 W,4 SL4n12 E o e t'� OJAI St.' �: ti 611C&A r�r I K ( 2S L 13 6Jew e"-5 tSa cm 1 dl S 1 r 9-5' eG Total#of Samples Relingui hed by Date/Time Received by )Date/Time Page of� MF-019 S%P:y�1ut Environmental Solutions Group • 7 Maple Leaf Drive,Ste 104,Greensboro, NC 27410 • 336-373-1538 21 www.Go-ESG.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1 D313E Indoor Environmental Air Quality Assessment IAQ Data Chart Site Location Date/Time TVOC ppb CO2 ppm CO ppm `F I %RH oc 101 edgar streets outdoor air oc 101 edgar street 10-Dec-2111:29:33 AM 138 472 1.0 62.3 33.9 oc 101 edgar street\ hvac 10-Dec-2111:26:15 AM 118 474 1.4 70.0 29.9 oc 101 edgar streets family bathroom 10-Dec-2111:24:46 AM 131 463 1.1 70.3 29.3 oc 101 edgar street\ kitchen 10-Dec-2111:23:08 AM 135 477 1.1 70.1 29.2 oc 101 edgar streets staff Gff ice 10-Dec-2111:21:37 AM 127 482 1.2 71.0 29.5 oc 101 edgar street\ mens bathroom 10-Dec-2111:20:07 AM 130 453 1.2 69.6 3D.1 oc 101 edgar street\ womens bathroom 10-Dec-2111:18:28 AM 131 459 1.2 69.3 29.6 oc 101 edgar streets classroom 10-Dec-2111:16:55 AM 135 442 1.1 69.5 29.9 oc 101 edgar streets library computer room 10-Dec-2111:15:15 AM 129 449 1.2 71.0 29.9 oc 101 edgar street\ main hallway 10-Dec-2111:13:40 AM 129 453 1.3 69.1 30.3 oc 101 edgar street\ mulitpurpcse room 10-Dec-2111:06:46 AM 134 492 1.2 68.6 29.2 Normal Healthy Air 1 <1200 <11)00 <30 69-76 20%-60% Site Location 0.3µm cnts f 0.5pm cnts f 1.0µm cnts f 2.5µm cnts f 5.101Lm cnts f 10.0µm cnts f TPM cc 101 edgar street\ outdoor air oc 101 edgar street 418536 17138 2065 795 242 31 88.20 cc 101 edgar street\ hvac 168495 5793 1444 72 2 0 8.84 oc 101 edgar street\ family bathroom 177106 6896 1771 177 22 5 17.02 cc 101 edgar street\ kitchen 183186 7448 1827 195 30 4 18.91 oc 101 edgar street\ staff office 147766 5646 1543 125 11 2 11.64 oc 101 edgar street\ mens bathroom 197494 7969 1884 187 22 6 18.56 cc 101 edgar street\ women bathroom 210463 8670 1978 227 20 7 20.08 oc 101 edgar street\ classroom 211858 8851 1033 271 32 8 23.54 oc 101 edgar street\ library computer room 186967 7054 1642 94 19 6 14.99 oc 101 edgar street\ main hallway 215173 8324 940 204 20 1 18.01 ❑c 101 edgar street\ mulltpurpose room 210079 5180 1371 56 4 2 10.35 Healthy Indoor Air I <50000 1 <5000 <10001 4500 <100 I <101 <150 Environmental Solutions Group • 7 Maple Leaf Drive,Ste 104, Greensboro, NC 27410 • 336-373-1538 22 www.Go-ESG.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1 D313E Indoor Environmental Air Quality Assessment 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. • readings exceed the EPA's threshold for total particle mass. o 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. • 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. o Tobacco smoke 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. • For more information about indoor particulates, refer to https://www.epa.gov/indoor-air- guality-iag/indoor-particulate-matter#indoor pm • The thresholds shown above were derived from the Environmental Protection Agency (EPA) & World Health Organization (WHO) using airborne total particle mass (TPM). Using a conversion formula devised by manufacturers of particle counting systems,the number of airborne particles shown above were converted based on the weight of the particles when compared to the standards of the EPA and WHO. Refer to the references below: o PM10threshold: 50 mcg/m3(WHO), 150 mcg/m3(EPA) o PM2.5threshold: 25 mcg/m3(WHO), 35 mcg/m3(EPA) Environmental Solutions Group • 7 Maple Leaf Drive,Ste 104, Greensboro, NC 27410 • 336-373-1538 23 www.Go-ESG.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1D313E Indoor Environmental Air Quality Assessment Certificate of Ouatftr Micro5Tm Microcell Impactor Airflow-5 liters per minute for 5 minutes (Limited or Extended TSmes are recommended for highly contaminated or very clean environments, respectively) d5o cutoff=o.Sum Good Manufacturing Practices This product was manufactured in a facility which meets or exceeds good manufacturing practice standards. Quality Assurance Lot Release Criteria This manufacturing lot was tested and released by Quality Assurance to the following specifications: Structural Integrity Samples were found to be integral as measured by our analytical challenge test. Particle on Collection Adhesive i00%of individual cassettes are examined under the microscope,after assembly and shipping to our distribution center. Cassettes are visually-judged to be>99.97%free of contaminating particles on the adhesive trace surface. /� D Validated by: X r � <— James R.Tucker,Ph.D. Vice President of Technology This certificate is issued as evidence of ems'commitment to provide only rigorously tested enviromental products,equipment and supplies to our valued customers. Environmental Monitoring Systems Toll Free:1.800-293,3003 www.emssales.net Protocol References • IICRC S520 Condition 3 (actual growth)-an indoor environment contaminated with the presence of actual mold growth, associated spores, and fungal fragments.Actual growth includes growth that is active or dormant,visible or hidden. Environmental Solutions Group • 7 Maple Leaf Drive,Ste 104, Greensboro, NC 27410 • 336-373-1538 24 www.Go-ESG.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1D313E Indoor Environmental Air Quality Assessment o 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) o Respiratory protection in accordance with the OSHA respiratory protection standard(29 CFR 1910.134)is recommended. Gloves and eye protection should be worn. o Applicable federal, state and local administrative codes,rules and statutes must be identified and followed. • IICRC S520 Condition 2 (settled spores or fungal fragments)—an indoor environment which is primarily contaminated with settles spores or fungal fragments that were dispersed directly or indirectly from, and reflective of,the fungal ecology of a Condition 3 area,which may have traces of actual growth. o The primary work area is defined as any Condition 3 areas mentioned in the conclusions above; however,the HVAC duct systems may also require some level of cleaning to remove settled and airborne fungal material. The surfaces in any Condition 2 areas should be cleaned and extra focus should be attended to porous items. o Any content items such as electronics, furniture or personal items will need to be cleaned by a professional remediation contractor before they are moved to a non-contaminated area. o As mentioned above,the HVAC equipment may need to be cleaned and sanitized as part of this remediation if determined Condition 2 or 3. Heating,ventilation and air- conditioning systems(HVAC)play an important role(both positive and negative)in fungal infestation and dissemination as follows: 1)as a dispersal pathway for airborne fungal spores; and 2)as growth locations for fungi that enter the systems(e.g., drip pans, chill coils, and ductwork). Any HVAC system remediation should be cleaned by a NADCA(National Air Duct Cleaning Association)certified duct cleaner. If the interior of the ductwork contains insulation it will need to be removed and/or replaced. o 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. o Applicable federal, state and local administrative codes,rules and statutes must be identified and followed. • IICRC 5520 Condition 1 (normal fungal ecology)—an indoor environment that may have settled spores, fungal fragments or traces of actual growth whose identity,location, and quantity is reflective of a normal fungal ecology for a similar indoor environment. Preparatory Steps (to be performed by the remediation contractor): o 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. o 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 the blue tape to clean under it. Replace with new tape after cleaning). o It may be necessary to remove certain content items before the remediation process begins. Environmental Solutions Group • 7 Maple Leaf Drive,Ste 104, Greensboro, NC 27410 • 336-373-1538 25 www.Go-ESG.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1D313E Indoor Environmental Air Quality Assessment o All 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. o 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. o Set up a zip-door at the main entry if feasible. The remediation team's access to the area typically includes 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. o Position sufficient air scrubbers throughout the remediation zones to remove a minimum of four air volumes per hour. The number of needed air scrubbers 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. o 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 remediated portions of the building (note: this may 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. o Run drying equipment as needed to bring RH below 50% and wood moisture content to 16%or lower. 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. • 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. • Remove any items possible from the building to a location off-site. • 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 is especially important. This includes any porous or semi-porous(non-structurally significant) Environmental Solutions Group • 7 Maple Leaf Drive,Ste 104, Greensboro, NC 27410 • 336-373-1538 26 www.Go-ESG.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1D313E Indoor Environmental Air Quality Assessment building materials affected in the in the Condition 3 areas.It is possible that no additional signs of suspect microbial growth are observed outside of the known areas of wetness/growth but a thorough intrusive inspection by the remediation contractor will determine the condition. In order to fully inspect the wall framing system and determine the full extent of the moisture issues, removal of additional building materials may be necessary. • Structural materials that are significantly contaminated but cannot be removed(such as wall framing)must be thoroughly cleaned with an anti-microbial chemical and then HEPA-vacuumed as indicated below. Structural materials with previous visible fungal growth may be encapsulated with anti-microbial paint after the clearance test is complete. PHASE II: CLEANING(Condition 2 and 3 areas) • After all demolition has been completed, and all water issues are repaired,remaining building materials should measure<20%moisture content. Convert the negative air machines to air scrubber function. • Condition 2 and 3 areas should be cleaned by using traditional wiping and HEPA vacuuming techniques or by using blast media such as dry ice. Dry ice may be a more cost-effective method in some situations. This would include but not be limited to pipes,ductwork,wiring, framing members etc. • 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. • Any carpets or rugs that remain should be cleaned using steam. Dehumidifiers should be used in conjunction with this step to ensure that moisture is removed from the space quickly. This should be one of the last steps before calling for a PRV. • 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. • 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 cleaned area is ready for a clearance assessment). • Power on the HVAC system once the mechanical contractor has completed their evaluation and remediation cleaning of the air handler and duct system. • Handling of materials removed from the building or that will remain in the building: o Certain items removed from the building require special handling for removal of fungal spores. o Hard-surfaced non-porous materials such as solid wood furniture,metal bed frames,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 Environmental Solutions Group • 7 Maple Leaf Drive,Ste 104, Greensboro, NC 27410 • 336-373-1538 27 www.Go-ESG.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1D313E Indoor Environmental Air Quality Assessment 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. Post Remediation Verification(PRV)Recommendations: • All of the major safety,health, and remediation standards organizations recommend 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. • 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. • 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. A typical PRV also 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. Environmental Solutions Group • 7 Maple Leaf Drive,Ste 104, Greensboro, NC 27410 • 336-373-1538 28 www.Go-ESG.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1D313E Indoor Environmental Air Quality Assessment • 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. • Additional documentation and guidance can be provided by ESG regarding PRV methodology and thresholds. ESG can also provide Post Remediation Evaluation(PRE)guidance to help guide the remediation contractor and increase the likelihood of passing the PRV. Restoration Steps Following PRV Testing: • The PRV test should be conducted prior to replacement of any building materials removed during remediation procedures. If you have specific questions regarding this,please contact ESG. • All removed,impacted materials shall be replaced with like materials. All materials installed shall be new. • 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. Remediation Contractor Qualifications (to be considered when hiring a contractor to perform any of the remedial steps): • 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). • Previous Experience. The Contractor must demonstrate substantial experience with similar projects and provide references. • All workers will be fit tested prior to starting the project(follow company fit test program). • Follow all applicable OSHA safety and health programs. • 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. • 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. • 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. Environmental Solutions Group • 7 Maple Leaf Drive,Ste 104, Greensboro, NC 27410 • 336-373-1538 29 www.Go-ESG.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1D313E Indoor Environmental Air Quality Assessment • 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. • 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: o Damage to property during the mold abatement procedures. o Failure to achieve a passing post-remediation verification(PRV)assessment. o Compliance with all federal, state and local codes as applicable to remediation activities to include holding permits as required by government entities. o Security of abatement equipment. o 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. o Communicating with the property owner regarding concerns about lead-based paint and asbestos hazards(additional testing for lead/asbestos hazards may be required). o Staffing the project with full-sized crews. o 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. o Fire extinguishers to be set inside the containment area. o Signage. o The on-site supervisor identified by the Contractor will continue with the project until completion. o The Contractor must agree to the time schedule indicated by the property owner/manager that the property is available for abatement. o 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. Environmental Solutions Group • 7 Maple Leaf Drive,Ste 104, Greensboro, NC 27410 • 336-373-1538 30 www.Go-ESG.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1D313E Indoor Environmental Air Quality Assessment 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. Environmental Solutions Group • 7 Maple Leaf Drive,Ste 104, Greensboro, NC 27410 • 336-373-1538 31 www.Go-ESG.com DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1 D313E SASSCOM-01 DCHRISCOE ,4coR0` CERTIFICATE OF LIABILITY INSURANCE F DATE(MMIDDNYYY) 7,8/2021 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). PRODUCER License#1000009384 CONTACT Joe Pardue NAME: Hub International Carolinas PHONE FAX PO Box 939 (A/C,No,Ext): (336)494-2503 (A/C,No):(336)226-6772 Burlington,NC 27216 ADDRESS:joe.pardue@hubinternational.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Selective Insurance Company of America 12572 INSURED INSURER B:Accident Fund General Insurance Company 12304 Sasser Companies,LLC INSURER C: PO Box 10 INSURER D: Whitsett,NC 27377 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM DD YYY MM DD YYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE � OCCUR S 2253759 2/1/2021 2/1/2022 DAMAGE TO RENTED 500,000 PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 15,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 POLICY X PECOT- LOC PRODUCTS-COMP/OP AGG $ 3,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO S 2253759 2/1/2021 2/1/2022 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED L $ NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE S 2253759 2/1/2021 2/1/2022 AGGREGATE $ 10,000,000 DED RETENTION$ $ B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN WCV6139124 2/1/2021 2/1/2022 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Orange County is an additional insured under the General Liability for work performed by the named insured for such additional insured,if required by contract signed by an authorized representative of the named insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange Count THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 9 y ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 Hillsborough,INC 27278 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1 D313E 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 Revised 07/20 DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1 D313E 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. Revised 07/20 DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1 D313E 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 Revised 07/20 DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1 D313E 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. Revised 07/20 DocuSign Envelope ID:6A1278D6-4287-4002-98A9-C69C8C1 D313E 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. Revised 07/20