HomeMy WebLinkAboutAgenda - 12-03-2018 8-l - Approval of a Contract and Budget Amendment #3-B for Remediation, Repair, and Reconstruction of the Battle Courtroom 1
ORD-2018-034
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: December 3, 2018
Action Agenda
Item No. 8-1
SUBJECT: Approval of a Contract and Budget Amendment #3-B for Remediation, Repair,
and Reconstruction of the Battle Courtroom
DEPARTMENT: Asset Management Services
ATTACHMENT(S): INFORMATION CONTACT:
Contract with Sasser Companies, Inc. Angel Barnes, Capital Projects Manager,
919-245-2628,
Travis Myren, Deputy County Manager 919-
245-2308
PURPOSE: To approve a construction contract with Sasser Companies, Inc. for the
remediation, repair, and reconstruction of the Battle Courtroom under emergency conditions
and to approve Budget Amendment #3-B to finance the project.
BACKGROUND: The Battle Courtroom in the Orange County Courthouse experienced water
intrusions that were exacerbated by heavy rains and flooding associated with Hurricanes
Florence and Michael. As these intrusions were investigated, staff found mold growth in the
ceiling, behind walls, and in the courtroom's heating and ventilating system. Based on this
finding, the County retained a forensic engineer to determine the cause of the water intrusions.
The engineer found that the intrusions were linked to the roof and roof drainage system.
Due to the potentially harmful air quality, the Battle Courtroom was immediately removed from
service and cannot be used until the cleaning, remediation, roof replacement, and other repairs
are completed. The prevalence and extent of mold growth in the courtroom, jury room, and
Judge's Chamber require that most of the walls be deconstructed down to the studs of the
facility.
Sasser Companies, Inc. has worked with the County on similar remediation and repair work in
the Board of Elections building. Due to the emergency conditions presented by mold growth
and the need to use the courtroom as soon as possible, staff has negotiated a scope of work
and draft contract with Sasser Companies, Inc. The scope of work includes:
• cleaning all contents in the courtroom, jury room, and Judge's Chamber,
• removing all water-damaged and mold-contaminated building materials,
• providing testing services to ensure no other contaminates are found within the
courtroom and adjoining spaces,
• rebuilding the courtroom,
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• removing and reworking all electrical components,
• removing and replacing the existing heating and cooling system located on the roof,
• installing new ductwork to the courtroom, jury room and Judge's Chamber,
• replacing all contaminated flooring and cabinetry,
• replacing the existing roof system with a new roof system, including all curbs and
parapet walls,
• reattaching the gutter system,
• replacing and insulating roof drain piping,
• installing a roof access ladder,
• working with an engineer and architect to seal the design drawings for the roof
replacement, and
• obtaining all necessary permits and other documentation necessary to use the
courtroom and adjacent spaces
In emergency situations, the Board is authorized to bypass formal bid procedures by finding
that an emergency condition is present that represents a threat to the health and safety of the
people and their property. In this case, the mold growth and potentially hazardous indoor air
quality in the courtroom represents such a health emergency. Staff is recommending that the
Board make this finding to allow the scope of work to proceed expeditiously. This finding is
included in the Manager's Recommendation.
Since this project was not anticipated as part of the Capital Budget, a budget amendment is
also necessary to finance this project. Staff recommends that the following funds be
reallocated from existing projects to fund the remediation and reconstruction of the Battle
Courtroom. This budget amendment provides for the reallocation of funds and amends the
following Capital Project Ordinances:
Efland Sewer Extension Project (-$400,000) - Project #30017
Revenues for this project:
Current FY 2018-19 FY 2018-19
FY 2018-19 Amendment Revised
Alternative Financing $291,654 $0 $291,654
From Other Projects $198,286 $0 $198,286
From General Fund $441,000 $400,000 $41,000
Total Project Funding $930,940 ($400,000) $530,940
Appropriated for this project:
Current FY 2018-19 FY 2018-19
FY 2018-19 Amendment Revised
Efland Sewer Extension Project $930,940 ($400,000) $530,940
Total Costs $930,940 ($400,000) $530,940
Information Technologies Project (-$200,000) - Project #30007
Revenues for this project:
Current FY 2018-19 FY 2018-19
FY 2018-19 Amendment Revised
Alternative Financing $11,053,245 ($200,000) $10,853,245
From General Fund $1,595,257 $0 $1,595,257
Appropriated Fund Balance $200,000 $0 $200,000
Total Project Funding $12,848,502 ($200,000) $12,648,502
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Appropriated for this project:
Current FY 2018-19 FY 2018-19
FY 2018-19 Amendment Revised
Information Technology Project $12,848,502 ($200,000) $12,648,502
Total Costs $12,848,502 ($200,000) $12,648,502
Efland Cheeks Community Center Project (-$100,000) - Project # 20045
Revenues for this project:
Current FY 2018-19 FY 2018-19
FY 2018-19 Amendment Revised
From General Fund $135,000 ($100,000) $35,000
Total Project Funding $135,000 ($100,000) $35,000
Appropriated for this project:
Current FY 2018-19 FY 2018-19
FY 2018-19 Amendment Revised
Efland Cheeks Community $135,000 ($100,000) $35,000
Center Project
Total Costs $135,000 ($100,000) $35,000
Parking Lot Repairs/Paving Project (-$34,000) - Project # 30029
Revenues for this project:
Current FY 2018-19 FY 2018-19
FY 2018-19 Amendment Revised
Alternative Financing $120,000 $0 $120,000
From General Fund $50,000 $34,000 $16,000
Total Project Funding $170,000 ($34,000) $136,000
Appropriated for this project:
Current FY 2018-19 FY 2018-19
FY 2018-19 Amendment Revised
Parking Lot Repairs/Paving $170,000
Project ($34,000) $136,000
Total Costs $170,000 ($34,000) $136,000
Battle Courtroom Remediation Project ($734,000) - Project # 10067(New)
Revenues for this project:
Current FY 2018-19 FY 2018-19
FY 2018-19 Amendment Revised
Alternative Financing $0 $200,000 $200,000
From General Fund $0 $534,000 $534,000
Total Project Funding $0 $734,000 $734,000
Appropriated for this project:
Current FY 2018-19 FY 2018-19
FY 2018-19 Amendment Revised
Battle Courtroom Project $0 $734,000 $734,000
Total Costs $0 $734,000 $734,000
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Funds from the Efland Sewer project and the Information Technologies Project are residual
funds that are no longer needed for the projects. Due to timing, the Efland Cheeks Community
Center Project and the Parking Lot Improvement projects will not proceed this fiscal year. The
County Manager will recommend re-budgeting those projects in the FY2019-20 Capital Budget.
FINANCIAL IMPACT: The contract with Sasser Companies, Inc. is a not to exceed amount of
$733,271.43. Reallocations of the existing projects described above will be used to finance this
project.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are applicable
to this item:
• GOAL: CREATE A SAFE COMMUNITY
The reduction of risks from vehicle/traffic accidents, childhood and senior injuries, gang
activity, substance abuse and domestic violence.
• GOAL: ENABLE FULL CIVIC PARTICIPATION
Ensure that Orange County residents are able to engage government through voting and
volunteering by eliminating disparities in participation and barriers to participation.
Remediating and repairing the Battle Courtroom will create a safe working environment for staff
and allow the use of the courtroom for efficient court functioning.
RECOMMENDATION(S): The Manager recommends that the Board:
1. Find that water intrusions into the Battle Courtroom created an indoor environmental air
quality hazard that represents a threat to the health and safety of staff and the public
using the facility and that this emergency condition is present, immediate, and existing;
2. To remedy the emergency condition, the Board approve bypassing formal bid
requirements and authorize the Chair to execute a contract with Sasser Companies, Inc.
in the amount of $733,271.43 to remediate, repair, and reconstruct the Battle Courtroom
and roof system, and
3. Approve Budget Amendment #3-B, described above, that reallocates funds from existing
capital projects to finance this unexpected capital repair.
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[Departmental Use Only]
TITLE Battle Court Rm
FY 2018-19
NORTH CAROLINA
CONSTRUCTION AGREEMENT OVER$250,000.00
ORANGE COUNTY
THIS CONSTRUCTION AGREEMENT (hereinafter called"Agreement"),made as of the 26th day of
November, 2018, by and between Sasser Companies, Inc, (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 General Conditions which are fully
incorporated in this Agreement, the Request for Proposals, designer approved communications and/or field
orders, the Proposal, Construction Documents and 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 and incorporated General Conditions attached as Exhibit 1.
b. Designer approved and stamped construction documents and drawings and written
specifications.
c. Designer approved communications and/or field orders.
d. Request for Proposals and addenda thereto.
e. Proposal.
2. SCOPE OF WORK
The Contractor shall furnish and deliver all of the materials, and perform, and be fully responsible
for all of the Work required by this Agreement within the time period stipulated in a written Notice-to-Proceed
to be executed by the Contractor and Owner and in accordance with the following enumerated documents,
which are made a part hereof as if fully contained herein:
a. Construction Drawings prepared by N/A (Emergency Work, drawings to be prepared and
submitted to Orange County Inspections upon completion) This work shall include Court
Room contents cleaning, demolition work due to water damage, mold remediation, water/mold
contaminated courtroom repairs, roof replacement, electrical, mechanical, flooring,
cabinets/millwork, furniture, roof access ladder, permit, and associated Engineering/Architect
costs. (Sheet N/A dated N/A)
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b. Written specifications prepared by the Designer.
c. Sasser Companies, Inc. proposal dated November 26, 2018 which fully describes the work to
be performed, such work(hereinafter called the"Work").
d. Related documents listed under Section 2 above.
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 included by December 31, 2018.
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.
4. STANDARD OF CARE AND DUTIES OF CONTRACTOR
a. The Contractor shall exercise reasonable care and diligence in performing the Work in
accordance with the 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/or 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 Contractor, Subcontractor, and Sub-subcontractor errors
or omissions, in the performance of the Agreement together with the errors and omissions of
any agent or employee of the Contractor or any Subcontractor or Sub-subcontractor.
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. 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 -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.oran eg couptync. og v/departments/purchasing division/contracts.php).
Any violation of the Orange County Non-Discrimination Policy is a breach of this Agreement
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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.
f. If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Contractor represents that it and/or its employees, agents
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.
g. The Contractor shall supervise and direct the Work efficiently and with the Contractor's best
skill and attention. Except as specifically set forth in the Contract Documents the Contractor
shall be solely responsible for the means, methods, techniques, sequences and procedures of
construction, and for safety precautions and programs in connection with the Work. The
Contractor shall be responsible to see that the finished Work complies accurately with the
Contract Documents.
h. The Contractor shall appoint a competent Project Manager with general authority to manage
the Project for the Contractor. The Contractor shall also keep on the Project at all times during
the Work of the Contractor a competent Resident Superintendent and necessary assistants who
shall not be replaced without prior written approval by the Designer or by the Owner if a
Designer is not retained for the Project.
i. If, in the opinion of the Designer, any Subcontractor on the Project is incompetent or otherwise
unsatisfactory, such Subcontractor shall be replaced by the Contractor with no increase in the
Contract Price if and when directed by the Designer.
j. The Contractor shall attend all progress conferences and all other meetings or conferences.
The Contractor shall be represented at these progress conferences by a representative having
the authority of the Project Manager and by such other representatives as the Designer may
direct.
k. Costs and expenses of providing samples for and assistance in any testing shall be borne by the
Contractor. Any Work in which untested materials are used without approval or written
permission of the Owner and/or Designer shall be removed and replaced at Contractor's
expense.
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 Seven Hundred Thirty Three Thousand, Two Hundred Seventy One Dollars and Forty
Three Cents Dollars ($733,271.43). Not later than the fifth (5th) day of each calendar month
the Contractor shall submit to the Owner's Representative, generally the Designer if a
Designer 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 131 W. Margaret
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Lane, 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%) (the "Retainage").
(1) Upon Owner's Representative's certification that fifty percent (50%) of the
Work has been satisfactorily completed Retainage shall be reduced to two and
one half percent(21/2%).
(2) 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 Final
Completion of the Work, including punch list work, has been satisfactorily completed
and an appropriate Affidavit, Indemnification, and Release as required in Section 8(d)
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
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.
d. Should the Owner receive notice that the Contractor has failed to pay a Subcontractor for the
Work performed related to a Request for Payment, Owner shall have the authority to withhold
payment of the disputed amount until parties resolve their dispute. Failure to pay the
Contractor pursuant to this section of the Agreement shall not be deemed to be a breach of the
Agreement.
6. NON—APPROPRIATION
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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 and not appropriated for the performance of
Owner's obligations under this Agreement, then this Agreement shall automatically expire
without penalty to Owner immediately upon written notice to Contractor of the unavailability
and 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,but only as an emergency fiscal measure during a substantial fiscal crisis.
c. In the event of a change in the Owner's statutory authority, mandate and/or mandated
functions, by state and/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.
7. 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, Inc.
Attn: Angel Barnes Kevin Sasser
P.O. Box 8181 PO Box 10
Hillsborough,NC 27278 Whitsett,NC 27377
8. 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 parry 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/or 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/or any code
or law.
d. Should the Designer, if a Designer is retained for the project involving the Work, or Owner
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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
Designer under this section shall be paid at Contractor's expense.
e. The Contractor shall not assign any portion of this Agreement nor subcontract the Work in its
entirety without the prior written consent of the Owner.
9. CONSEQUENTIAL DAMAGES
a. Owner and Contractor mutually waive any claim against each other for consequential damages.
Consequential Damages include:
(i) Damages incurred by Owner for loss of use, income, financing, or business.
(ii) Damages incurred by Contractor for office expenses, including personnel, loss of
financing, profit, income, business, damage to reputation, or any other non-direct
damages.
10. 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 or General Conditions shall be declared
invalid or unenforceable,the remainder of the Agreement shall continue in full force and effect.
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and date
first above written in a number of counterparts, each of which shall, without proof or accounting for other
counterparts, be deemed an original contract.
ORANGE COUNTY: CONTRACTOR:
s tlby 11/26/2018
By: By: I V,Sasur
Mark Dorosin, Chair Kevin Sasser, President
Orange County Board of Commissioners Printed Name and Title
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