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HomeMy WebLinkAbout2019-027-E AMS - Sasser Link Building remediation DocuSign Envelope ID: 1EDCDF34-B900-4362-87B8-OA1047DE941C NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 19th day of January, 2019 by and between Orange County, North Carolina (hereinafter the "Owner") party of the first part; and Sasser Companies, Inc (hereinafter the "Contractor"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the Owner hereby contracts for the construction services of the Contractor, and the Contractor agrees to provide the construction services to the Owner in accordance with the terms of this Agreement. 1. TERM AND MAXIMUM AMOUNT PAYABLE Beginning and ending dates of contract: January 19, 2019 through March 31, 2019. The Project Commencement Date shall be January 19, 2019. Dollar Amount Not to Exceed: Twenty Eight Thousand Dollars ($28,000.00) 2. SERVICES Contractor agrees to provide the following construction services (the "Work"): Provide all labor and materials for containment to be performed at the Orange County Link building. Ceiling plenum above the rooms to be addressed: Lower Level: room 231, room 215, room 218, room 232, room 241, Upper Level: Mr. Roberts office, the reception office, and room 105 Steps to be performed 1: Contain the exterior facing drywall (where signs of water damage and fungal growth are present) above the offices mentioned above. 2: Lay containment plastic (and secure to the exterior wall and ceiling as needed) across the dropped ceiling above these areas at least four feet out from the exterior wall. 3: Install air filtration devices (RFD's) above the dropped ceiling in the areas of concern. An anticipated 6 AFD's based on HVAC zoning and office proximity (please consult with Alisa for reference of the proximity of the offices and zoning for best placement of the AFD's). More may be added as needed depending on upcoming testing and visual analysis. Contractor shall not sub-contract all or any part of the construction services provided for in this Agreement without prior written approval of the Owner. Contractor shall be responsible for all errors or omissions, in the performance of the Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to Owner. Contractor is solely responsible for obtaining all permits necessary to complete the Work in compliance with local, state, and/or federal law. 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/or 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. Revised 12/18 1 DocuSign Envelope ID: 1EDCDF34-B900-4362-87B8-OA1047DE941C 3. PAYMENT Contractor shall submit an invoice for construction services provided. The invoice shall contain Contractor's name and federal tax identification number and shall be signed and dated by an officer of Contractor. It shall detail all construction services provided in payment requests. The Owner will make payments to Contractor within thirty (30) days after receipt of and approval of the invoice by the contracting department. In the event the amount stated on an invoice is disputed by Owner, then Owner may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. In addition, should Contractor fail to perform its duties under the terms of this Agreement, Owner may, without fault or penalty, withhold any payment associated with the Work to be performed until such time as said work is completed. 4. RELATIONSHIP OF PARTIES Contractor is an independent contractor of the Owner. Contractor represents that it has or will secure, at its own expense, all personnel required in performing the construction services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the Owner. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized or permitted under state and local law to perform such construction services. It is further agreed that Contractor will obey all State and Federal statutes, rules and regulations which are applicable to provisions of the construction services called for herein. Neither Contractor nor any employee of the Contractor shall be deemed an officer, employee or agent of the Owner. 5. SUSPENSION AND TERMINATION This Agreement may be terminated by Contractor upon thirty (30) days' written notice to the Owner, and the Owner may terminate this Agreement upon thirty (30) days' written notice to Contractor. Owner may suspend the Work at any time for Owner's convenience and without penalty to Owner upon three (3) days' notice to Contractor. Upon any suspension by Owner Contractor shall discontinue the Work and shall not resume the Work until notified to proceed by Owner. The notice required by this section or any other notice shall be delivered via certified mail, return receipt requested to the parties at the addresses as shown on the signature page to this Agreement. Such notice is deemed given upon its delivery to, or deposit in a receptacle of, the United States Post Office. 6. INSURANCE 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 counrDc. og v/departments/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. Revised 12/18 2 DocuSign Envelope ID: 1EDCDF34-B900-4362-87B8-OA1047DE941C 7. INDEMNIFICATION Contractor agrees, without limitation, to defend, indemnify, save, and protect Owner and Owner's lender, if any, harmless from and against any and all claims, liens, 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 negligence, act or failure to act by the Contractor, the Contractor's agents, assigns or employees resulting in property damage or personal injury, including death, or other loss related to the Work. Contractor is responsible for all errors or omissions caused by its agents, contractors, employees, or assigns in the performance of this Agreement. It is the intent of this section to require Contractor to indemnify the Owner to the full extent permitted under North Carolina law. 8. NON-ASSIGNMENT Contractor shall not assign all or any part of this Agreement, including rights to payments, to any other party without the prior written consent of the Owner. 9. NON—APPROPRIATION 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. 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. 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. 10. DISPUTE RESOLUTION 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 ec�ountync. ova/departments/purchasing�division/contracts.php). 11. ENTIRE AGREEMENT The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it, together with specifically referenced documents, constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified by a written amendment to this Agreement signed by the parties. Modifications may be evidenced by telefacsimile signatures. Should any conflict arise in the terms of any documents referenced herein and this Agreement the terms of this Agreement shall be given priority and shall control Revised 12/18 3 DocuSign Envelope ID: 1EDCDF34-B900-4362-87B8-OA1047DE941C over all other such documents. Should a request for proposals and a proposal be referenced the terms of the request for proposals shall have priority over the terms of the proposal. 12. COMPLIANCE WITH LAW/GOVERNING LAW Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and any action brought under this Agreement shall be brought in the General Court of Justice of the State of North Carolina in Orange County. 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.oran ecountync. o�partments/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. 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. 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 lists created by the State Treasurer pursuant to G.S. 147-86.58 and G.S. 147-86.81. 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 IA and Article 40 of North Carolina General Statute Chapter 66. IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. ORANGE COUNTY CONTRACTOR m I By[ kut A-OAKwty'bj 1/22/2019 By SW 1/18/2019 rr County Manager Sasser Companies, Inc 200 S. Cameron St. PO Box 10 P.O. Box 8181 Whitsett,NC Hillsborough,NC 27278 27377 Revised 12/18 4 DocuSign Envelope ID: 1EDCDF34-B900-4362-87B8-OA1047DE941C 7-M Orange County John Link Government Services Center 200 South Cameron Street Hillsborough, NC. 27278 January 17, 2018 Dear Ms. Barnes, Thank you for the opportunity to provide you with a proposal for the Orange County John Link Services Center located at 200 South Cameron Street Hillsborough, NC. The project is generally described as containment and placement of AFD's in select areas. The attached description will detail all items included in our scope of work. The items of work required to complete the containment and placement of AFD's located at 200 South Cameron Street Hillsborough,NC will be performed for a Not To Exceed price of$28,000. Thank you, Kevin Sasser President Office (336) 449-1144 Cell(336) 516-5140 kevin2(asassercompanies.com Phone: (336)449-1144 PO Box 10,Whitsett NC 27377 Fax: (336)449-1151 www.SASSERCOMPANIES.com DocuSign Envelope ID: 1EDCDF34-B900-4362-87B8-OA1047DE941C Orange County John Link Government Services Center 200 South Cameron Street Hillsborough, NC. 27278 January 17, 2018 GENERAL CONDITIONS All work to be completed outside of normal business hours Site supervision Clean up Ceiling plenum above the rooms to be addressed Lower Level: room 231, room 215, room 218, room 232, room 241, Upper Level: Mr. Roberts office, the reception office, and room 105 Containment Material and labor to contain the exterior facing drywall (where signs of water damage and fungal growth are present) above the offices mentioned above. Material and labor to lay containment plastic (and secure to the exterior wall and ceiling as needed) across the dropped ceiling above these areas at least four feet out from the exterior wall. Quote includes containment completed above ceiling in Mr. Roberts office on 1/15/19. Air Filtration Devices (AFD'S) Material and labor to install Six 500 CFM air filtration devices (AFD's) above the dropped ceiling in the areas of concern based on HVAC zoning and office proximity. AFD's to be suspended from bar joists using Unistrut, threaded rod and 1/4" plywood. Quote includes One 1400 CFM AFD placed in Mr. Roberts office on 1/15/19. Electrical Material and labor to install one dedicated circuit and receptacles as needed on lower level and upper level above the dropped ceiling to power AFD's. ITEMS NOT INCLUDED Page 12 DocuSign Envelope ID: 1EDCDF34-B900-4362-87B8-OA1047DE941C Quoted price is for 30 day equipment rental beginning 1/19/18. Additional rental will be billed monthly at $35.00 per day for each 500 CFM AFD and $50.00 per day for each 1400 CFM AFD. Hepa filters will be changed as recommended by Dan Whitaker with ESG to maintain satisfactory air test results and billed on a material and labor basis Any additional containment other than noted above Any additional AFD's required after further testing Any additional electrical required for additional AFD's Any Industrial Hygentist testing or consulting fees Any work other than noted above Page 13 DocuSign Envelope ID: 1EDCDF34-B900-4362-87B8-OA1047DE941C SASSCOM-01 DBAKER ACaRO" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 02/26/2018 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 NAME: Hub International Carolinas PHONE 336 228-0541 FAX 866 590-4281 PO Box 939 (A/C,No,Ext):( ) (A/C,No):( ) Burlington, NC 27216 ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURER A:Selective Insurance Company of America 12572 INSURED INSURER B:Accident Fund General Insurance Company 12304 Sasser Companies Inc INSURER C: P O 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 MM/DD A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE F-X]OCCUR S 2253759 02/01/2018 02/01/2019 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 JECOT- LOC PRODUCTS-COMP/OP AGG $ 3,000,000 OTHER: $ A AUTOMOBILE LIABILITY CBINED SINGLE LIMIT 1,000,000 EOMa accident $ X ANY AUTO S 2253759 02/01/2018 02/01/2019 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED Per OPERTntDAMAGE $ AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE S 2253759 02/01/2018 02/01/2019 AGGREGATE $ DED I I RETENTION$ $ B WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN WCV6139124 02/01/2018 02/01I2019 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/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 g y ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD