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HomeMy WebLinkAbout2025-029-E-Emergency Svc-First Call Environmental-Emergency Remediation of Oil SpillENVIRONMENTAL SERVICES AGREEMENT Please complete entirely & return before services are rendered First Call Environmental, LLC. PO BOX 6035 Ashland, VA 23005 Office: 804-441-9764 ARInvoice@FirstCallEnvironmental.Com Update 2020 Docusign Envelope ID: 76E6B9B7-1C69-49DA-B222-E031D8127002 PO Box 6035 ● Ashland, VA 23005 Office: (800) 646-1290 ● Fax: (888) 536-1352 www.firstcallenvironmental.com Orange County Emergency Management, NC Wednesday, December 4, 2024 FCE PO# CHNC1956 Incident Location: NC 54 West Bound x Carl Durham Rd., Chapel Hill, NC OBJECTIVE Emergency response to a spill of used oil. SUMMARY First Call Environmental was dispatched to a spill of used oil. The crew held a safety meeting and discussed the proper PPE. The crew began by covering the impacted soil with poly sheeting. A skid steer was used to clean up the street. Granular absorbents were applied on the street to the heavily impacted parts to solidify the oil. All absorbents were swept up and placed into 55-gallon drums for disposal. A final review of the area was performed by supervisor and OS&D representative. The OS&D representative then signed off on the work completed. Crew doffed PPE and discarded into generated waste drum. All previously used equipment was packed up and crew departed site. (6) 55- gallon steel drums were labeled, manifested and transported off site for future disposal by FCE. On, TBD, FCE profiled, coordinated and mobilized the waste from this project to Clearfield, MMG for disposal. This job requires remediation and the SOW for that remediation is outlined on the next page. a Exhibit A Docusign Envelope ID: 76E6B9B7-1C69-49DA-B222-E031D8127002 First Call Environmental PO Box 6035 Ashland, VA 23005 804-441-9764 Initials: __________24-Hour Emergency Response ENVIRONMENTAL SERVICES AGREEMENT This Agreement is made effective as of _________________ 20_____, by and between _____________________ (the "Customer"), and First Call Environmental LLC ("First Call") of PO Box 6035 Ashland, Virginia 23005. First Call has a background in Hazardous Material Response and Remediation and is willing to provide services to the customer based on this background. The Customer desires to have services provided by First Call. Therefore, the parties agree as follows: 1.DESCRIPTION OF SERVICES. Beginning on ______________________________ , First Call will provide the following services (collectively, the "Services"): Emergency Response as further described in the attached Scope of Work as Exhibit A. 2.PERFORMANCE OF SERVICES. The manner in which the Services are to be performed and the specific hours to be worked by First Call shall be determined by First Call. The Customer will rely on First Call to work as many hours as may be reasonably necessary to fulfill First Call's obligations under this Agreement. 3.PAYMENT. The Customer will pay a fee to First Call for the Services in the amount determined by the Scope of Work. A good faith estimate will be provided following an initial site assessment, if requested. The good faith estimate shall not be considered a contracted, fixed price as the Scope of Work may change as further assessments are completed. This fee shall be payable in a lump sum within thirty (30) days of completion of the Services. In the event Customer fails to pay any Invoice when due, and such failure continues for a period of thirty (30) days from the date of the Invoice, interest shall accrue on any such Invoice at a rate of eighteen percent (18%) per annum until paid. 4.DISPUTES. In the event of any action or proceeding brought by either party against the other under this Agreement, the prevailing party shall be entitled to recover all costs and expenses, including reasonable attorney's fees, from the non-prevailing party. Update 2020 December 11 Orange County, NC 24 December 4, 2024 Docusign Envelope ID: 76E6B9B7-1C69-49DA-B222-E031D8127002 First Call Environmental PO Box 6035 Ashland, VA 23005 804-441-9764 Initials: __________24-Hour Emergency Response In the event that Customer fails to pay any Invoice and First Call pursues collection efforts, Customer shall be liable for all costs and expenses, including reasonable attorney's fees (collectively, the "Collection Costs"), incurred by First Call in pursuing collection. Customer shall be responsible for Collection Costs even in the event First Call does not have to proceed to trial. The parties hereby agree to litigation in the Circuit Court of Hanover County, Virginia as the appropriate manner and venue to resolve any disputes relating to or arising from this Agreement. WAIVER OF JURY TRIAL. TO THE EXTENT PERMITTED BY LAW, THE PARTIES WAIVE TRIAL BY JURY OF ANY ACTION ARISING OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT. 5.TERM/TERMINATION. This Agreement shall terminate automatically upon completion by First Call of the Services required by this Agreement and First Call shall have no obligation to perform any additional services for the Customer under this Agreement. 6.RELATIONSHIP OF PARTIES. It is understood by the parties that First Call is an independent contractor with respect to the Customer, and not an employee of the Customer. The Customer will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of First Call. 7.EMPLOYEES. First Call's employees, if any, who perform services for the Customer under this Agreement shall also be bound by the provisions of this Agreement. 8.INJURIES. First Call acknowledges First Call's obligation to obtain appropriate insurance coverage for the benefit of First Call (and First Call's employees, if any). First Call waives any rights to recovery from the Customer for any injuries that First Call (and/or First Call's employees) may sustain while performing services under this Agreement and that are a result of the negligence of First Call or First Call's employees. 9.CONFIDENTIALITY. The parties recognize that each may or will have access to information about the other party's business affairs, process information, trade secrets, technical information, and other proprietary information (collectively," Confidential Information") that Update 2020 Docusign Envelope ID: 76E6B9B7-1C69-49DA-B222-E031D8127002 First Call Environmental PO Box 6035 Ashland, VA 23005 804-441-9764 Initials: __________24-Hour Emergency Response may constitute valuable, special and unique assets of such party and may need to be protected from improper disclosure. Each party agrees that it will not at any time or in any manner, either directly or indirectly, use any Confidential Information of the disclosing party for the recipient's own benefit, or divulge, disclose, or communicate in any manner any Confidential Information to any third party without the prior written consent of the disclosing party, except as may be required by law. Each party agrees to protect the other party's Confidential Information and treat it as strictly confidential. The obligations set forth in this Paragraph 10 shall not apply in the case of litigation between the parties relating to or arising from this Agreement if such Information must necessarily be disclosed. "Confidential Information" does not include information which (i) is or becomes generally available to the public other than as a result of a disclosure by the other party in violation of this Agreement, (ii) was in the other party's possession or available to such party on a non- confidential basis prior to its disclosure or (iii) is or becomes available to the other party on a non-confidential basis from a source other than the disclosing party or its agents, provided that such source is not, to the recipient's knowledge, bound by a confidentiality agreement with the disclosing party or otherwise prohibited from transmitting the information to the recipient by a contractual, legal or fiduciary obligation to the disclosing party. 10.CONFIDENTIALITY AFTER TERMINATION. The confidentiality provisions of this Agreement shall remain in full force and effect after the termination of this Agreement. 11.RETURN OF RECORDS. Upon termination of this Agreement, First Call shall deliver all records, notes, data, memoranda, models, and equipment of any nature that are in First Call's possession or under First Call's control and that are the Customer's property or relate to the Customer's business. 12.NOTICES. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows: Update 2020 Docusign Envelope ID: 76E6B9B7-1C69-49DA-B222-E031D8127002 First Call Environmental PO Box 6035 Ashland, VA 23005 804-441-9764 Initials: __________24-Hour Emergency Response If for: ____Orange County, NC____ ____________________________________________ (Client Name/Company Name) Attention: ____________________________________________ (Best Point of Contact) ____________________________________________ (Telephone Number) ____________________________________________ (Email) ____________________________________________ (Mailing Address) ____________________________________________ (Physical Address) ____________________________________________ (Accounting Contact) ____________________________________________ (Accounting Email) Vehicle Identification Details: ____________________________________________ (DOT #) ____________________________________________ (License Plate#) ____________________________________________ (VIN#) ____________________________________________ (Vehicle ID#) Private Pay? Filing an Insurance Claim? ____________________________________________ (Insurance Company) ____________________________________________ (Policy Number) ____________________________________________ (Claim Number) ____________________________________________ (Adjuster Name) ____________________________________________ (Adjuster Number and Email) Update 2020 W. Kirby Saunders 919-245-6123 ksaunders@orangecountync.gov 510 Meadowlands Drive, Hillsborough, NC Same Lysa May lmay@orangecountync.gov Docusign Envelope ID: 76E6B9B7-1C69-49DA-B222-E031D8127002 First Call Environmental PO Box 6035 Ashland, VA 23005 804-441-9764 Initials: __________24-Hour Emergency Response If for First Call Environmental: First Call Environmental, LLC PO Box 6035 Ashland, VA 23005 Such address may be changed from time to time by either party by providing written notice to the other in the manner set forth above. 13.ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties. This Agreement represents drafting by both parties, and in the event of ambiguities, the principle of interpretation against the drafter shall not apply. 14.AMENDMENT. This Agreement may only be modified or amended by a writing signed by both parties. 15.SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 16.NO WAIVER. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. 17.APPLICABLE LAW. This Agreement shall be governed by the laws of the Commonwealth of Virginia without regard to its conflicts of laws principles. [Remainder of page intentionally left blank. Signatures on following page.] Update 2020 Docusign Envelope ID: 76E6B9B7-1C69-49DA-B222-E031D8127002 First Call Environmental PO Box 6035 Ashland, VA 23005 804-441-9764 Initials: __________24-Hour Emergency Response IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the date set forth above. By: _________________________________________ ______________________________ (Title) ______________________________ (Printed Name) Party providing service: First Call Environmental, LLC. By: _________________________________________ (Project Manager) _______________________________ (Printed Name) Update 2020 Docusign Envelope ID: 76E6B9B7-1C69-49DA-B222-E031D8127002 County Manager Travis Myren Update:December2019  THIRD PARTY AUTHORIZATION for Special Waste Disposal Date: ___________________ This Authorization is only valid for 3 years from the above date. To Whom it May Concern: Please be advised that the following company/ individual has been appointed to work as our agent for purposes of managing waste materials that we generate. Name of Authorized Agent: (FCE PM) Title: Project Manager Name of Company: First Call Environmental, LLC. Telephone Number: 800-646-1290 The above broker/individual is authorized to act as our authorized agent for the following purposes: 9 Complete and sign Special Waste Profile. 9 Complete and sign Special Waste Profile- Recertification. 9 Authorize amendments to Special Waste Profile. 9 Sign Contracts to dispose and/or transport material. 9 Sign Certifications necessary to comply with landfill requirements. 9 Sign manifests to initiate shipment to disposal facilities. Our authorized agent will notify us prior to any action stated above, and will provide us with copies of any documents bearing our name. Name of Company Mailing Address Generator Contact (Print Name) Title Signature Telephone Number 12/11/24 Orange County, NC 300 West Tryon St., Hillsborough, NC 27278 W. Kirby Saunders Director of Emergency Services 919-245-6123 Docusign Envelope ID: 76E6B9B7-1C69-49DA-B222-E031D8127002 Estimate Date 12/5/2024 Estimate # 31006 Customer Orange County Emergency Mgmt,NC First Call Environmental, LLC PO Box 6035 Ashland, VA 23005 P.O. No. CHNC1956 Terms Project Total Description ClassService Date Qty Rate Total Emergency response to a spill on 12/4/24. Regular Time Labor - On Scene Supervisor Charlotte, NC (...7.25 130.74 947.87 Regular Time Labor - Hazardous Materials Technician Charlotte, NC (...7.25 82.72 599.72 Regular Time Labor - Hazardous Materials Technician Charlotte, NC (...7.25 82.72 599.72 Regular Time Labor - Project Manager Charlotte, NC (...135.98 135.98 Box Truck Response Rig Charlotte, NC (...1 575.83 575.83 Support Vehicles Charlotte, NC (...1 257.49 257.49 Round Trip Mileage to and from site Charlotte, NC (...228 1.00 228.00 Skid Steer Charlotte, NC (...1 1,307.41 1,307.41 Level D PPE Charlotte, NC (...3 55.37 166.11 Surgical Gloves/Box Charlotte, NC (...1 44.30 44.30 HazMat Boot Covers Charlotte, NC (...2 14.77 29.54 55 Gallon Steel Drum Charlotte, NC (...6 105.40 632.40 Plastic Rolls (20' X 100') 10 mil (per roll) Charlotte, NC (...2 230.05 460.10 Granular Absorbents (per bag)Charlotte, NC (...3 31.14 93.42 Coordination, transportation, and disposal of (6) 55-gallon drums of waste into "Disposal Facility" on "Date" Regular Time Labor - Hazardous Materials Technician Charlotte, NC (...2 82.72 165.44 Regular Time Labor - Hazardous Materials Technician Charlotte, NC (...2 82.72 165.44 Regular Time Labor - Project Manager Charlotte, NC (...1 135.98 135.98 Transportation from outer locations to disposal facility Charlotte, NC (...1 249.18 249.18 Drum Liquid Disposal (per Drum)Charlotte, NC (...1 182.75 182.75 Solid Disposal - Contaminated materials per drum Charlotte, NC (...4 175.89 703.56 $7,680.24 Docusign Envelope ID: 76E6B9B7-1C69-49DA-B222-E031D8127002 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 12/16/2024 Marsh &McLennan Agency LLC 4900 Libbie Mill East Boulevard Suite 100 Richmond VA 23230 800-285-1778 macoirequest@marshmma.com Nautilus Insurance Company 17370 FIRSTCALL6 The Cincinnati Insurance Company 10677FirstCallEnvironmental,LLC Fox Cross Properties LLC CMS Real Estate Holdings LLC P.O.Box 6035 Ashland VA 23005 Greenwich Insurance Company 22322 XL Specialty Insurance Company 37885 806891378 A X 1,000,000 X 300,000 X 25,000 10,000 1,000,000 2,000,000 X ECP202625616 5/20/2024 5/20/2025 2,000,000 C 1,000,000 X X X RAC9438387 8/1/2024 7/1/2025 Deductible $5,000 BI&PD A X 5,000,000 X FFX204359710 5/20/2024 5/20/2025 5,000,000 X 0 D X Y RWC3002216 8/1/2024 7/1/2025 1,000,000 1,000,000 1,000,000 A B Contractors Pollution Liability Business Personal Property Leased/Rented Equipment ECP202625616 ENP0616303 5/20/2024 5/20/2024 5/20/2025 5/20/2025 $1,000,000 Occ.Limit $1,301,401 Limit $700,000 Limit $2,000,000 agg. $5,000 Ded. $1,000 Ded. Microbial Substance Deductible $25,000 Professional Liability Limit $1,000,000 with $25,000 deductible Scheduled equipment value $264,476 with $1,000 deductible Auto comprehensive deductible is $1,000 Auto collision deductible is $3,000 As of 12/30/2021 2 additional named insureds were added to coverage:INvironmental TECHnologies LLC and Invite Management Inc Mark Helberg and Custis Coleman are excluded officers. Orange County,its officers,agents and employees are designated as "additionally insured." Orange County 300 West Tryon Street P.O.Box 8181 Hillsborough NC 27278 Docusign Envelope ID: 76E6B9B7-1C69-49DA-B222-E031D8127002 Revised 01/24 1 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: First Call Environmental, LLC Vendor Contact Person: Wade Williams Phone: 804-715-2805 Address: PO Box 6035 City Ashland State: VA Zip: 23005 Department: Emergency Services Amount: $7,680.24 Purpose: Emergency Remediation of Oil Spill Budget Code(s): 10750120 630000 Vendor # 68816 Vendor Status with NCSOS: 1313333 Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date End Date Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by Signature Authority - BOCC Express Delegation (Agenda Date: ) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: ) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation 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. This agreement is approved as to technical form and content. Services related to this agreement have alread y begun or been completed. Description of the nature of the emergency condition that was addressed: Emergency remediation of hazardous materials incident – oil spill Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifica tions: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board 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: Received for record retention: Docusign Envelope ID: 76E6B9B7-1C69-49DA-B222-E031D8127002 1/13/2025 1/16/2025 1/16/2025 1/23/2025 Revised 01/24 2 Office of the Clerk to the Board __________________________________________Date:_________ Docusign Envelope ID: 76E6B9B7-1C69-49DA-B222-E031D8127002