The URL can be used to link to this page

Home My WebLink About2019-088-E AMS - Sasser Companies Content Cleaning DocuSign Envelope ID:22EED3BA-04CD-41B5-9117-FB388DCB2C2D NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter"Agreement"), is made and entered into this 18th day of February, 2019 by and between Orange County, North Carolina (hereinafter the "County" and/or "Owner") party of the first part; and Sasser Companies, Inc. (hereinafter the "Contractor"), parry 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: February 18, 2019 through March 1, 2019. The Project Commencement Date shall be February 18, 2019. Dollar Amount Not to Exceed: Thirty Nine Thousand Two Hundred Thirty Nine Dollars and One Cent ($39,239.01) 2. SERVICES Contractor agrees to provide the following construction services (the "Work"): Cleaning of materials from the Emergency Services Building, including packing, cleaning and delivering the materials to the designated temprorary work locations in order to keep the Emergency Operations center and staff operable. 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. 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 Revised 12/18 1 DocuSign Envelope ID:22EED3BA-04CD-41B5-9117-FB388DCB2C2D 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 couni nc. 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. 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. Revised 12/18 2 DocuSign Envelope ID:22EED3BA-04CD-41B5-9117-FB388DCB2C2D 8. NON-ASSIGNMENT AND OWNER'S REPRESENTATIVE Contractor shall not assign all or any part of this Agreement, including rights to payments, to any other parry without the prior written consent of the Owner. 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 and/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. 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.orangecoun!3mc.gov/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 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 Revised 12/18 3 DocuSign Envelope ID:22EED3BA-04CD-41B5-9117-FB388DCB2C2D 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 eg cogDtyac. og v/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. 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 B �]atitkit �{-a+uwtrS 2/19/2019 Bw Sassu 2/14/2019 �,P,,,,,�,. County Manager Sasser companies 200 S. Cameron St. PO Box 10 P.O. Box 8181 Whitsett,NC Hillsborough,NC 27278 27377 Revised 12/18 4 DocuSign Envelope ID:22EED3BA-04CD-41 B5-9117-FB388DCB2C2D Angel Barnes From: Samantha Massey <samantha@sassercompanies.com> Sent: Thursday, February 14, 2019 11:32 AM To: Kevin Sasser;Angel Barnes Cc: Catherine Wise Subject: Re: Emergency Services Remediation &Costs The contents portion is correct and totals $39,239.01. Thanks, Samantha J. Massey Manager & Estimator, Contents Division F Sasser Companies, Inc 7237 Pace Drive I Whitsett, NC 27377 office (336) 449-1144 cell (336) 447-8239 website I map I email From: Kevin Sasser Sent:Thursday, February 14, 2019 11:03 AM To:Angel Barnes; Samantha Massey Cc: Catherine Wise Subject: RE: Emergency Services Remediation & Costs Angel we have two progress billings on the air scrubbers and test cuts. Those are invoice numbers 80531 and 80609. Will we need to delete those invoices and re-invoice 100%of the contract? Thanks, Jyh�wzff Kevin Sasser kevin2@sassercompanies.com/336-516-5140 Sasser Companies 844-449-1144/336-449-1151 7237 Pace Drive I Whitsett,NC 27377 http://www.sassercompanies.com From:Angel Barnes<abarnes@orangecountync.gov> Sent:Thursday, February 14, 2019 10:50 AM To: Kevin Sasser<kevin2@sassercompanies.com>; Samantha Massey<samantha@sassercompanies.com> Subject: RE: Emergency Services Remediation & Costs Thank you > DocuSign Envelope ID:22EED3BA-04CD-41 B5-9117-FB388DCB2C2D Thank You, Angef Angel Barnes I Capital Projects Manager I Orange County Asset Management Services 1 131 West Margaret Lane I Hillsborough, NC 27278 1 (919)245.2628 (direct) 1 (919) 610.8182 (mobile) I www.orangecountVnc.gov ORANGE COUNTY Nowrii CAROLINA The information contained in this a-mail message and any attachments is confidential,and is intended only for the use of the party to whom it is addressed.If you are not the above-named intended recipient,or authorized to receive fort he addressee,you are hereby notified that any dissemination,copying or disclosure of this communication is strictly prohibited.If you have received this communication in error,please notify Orange County Asset Management Services immediately by replying to this message or by telephoning 919.245.2628 and destroy this message and its attachments, without making any copy or distribution. From: Kevin Sasser [mailto:kevin2@sassercompanies.com] Sent: Thursday, February 14, 2019 10:44 AM To: Angel Barnes; Samantha Massey Subject: RE: Emergency Services Remediation &Costs Angel the revised estimate on 12/16/18 is correct. Please let me know if you have any questions. Thanks, MW Kevin Sasser kevin20sassercompanies.com/336-516-5140 Sasser Companies 844-449-1144/336-449-1151 7237 Pace Drive I Whitsett,NC 27377 http://www.sassercompanies.com From:Angel Barnes<abarnes@orangecountync.gov> Sent:Thursday, February 14, 2019 10:10 AM To: Samantha Massey<samantha@sassercompanies.com>; Kevin Sasser<kevin2@sassercompanies.com> Subject: RE: Emergency Services Remediation & Costs Thank you both very much! Thank You, Angef Angel Barnes I Capital Projects Manager I Orange County Asset Management Services 1 131 West Margaret Lane I Hillsborough, NC 27278 1 (919)245.2628 (direct) 1 (919) 610.8182 (mobile) I www.orangecountVnc.gov ORANGE COUNTY NORTH CAR OLINA The information contained in this e-mail message and any attachments is confidential,and is intended only for the use of the party to whom it is addressed.If you are not the above-named intended recipient,or authorized to receive forthe addressee,you are hereby notified that any dissemination,copying or disclosure of this communication is strictly prohibited.If you have received this communication in error,please notify Orange County Asset Management Services immediately by replying to this message or by telephoning 919.245.2628 and destroy this message and its attachments, without making any copy or distribution. 2 DocuSign Envelope ID:22EED3BA-04CD-41 B5-9117-FB388DCB2C2D From: Samantha Massey [mai Ito:samantha(a)sassercompanies.com] Sent: Thursday, February 14, 2019 10:03 AM To: Kevin Sasser; Angel Barnes Subject: Re: Emergency Services Remediation &Costs I will have this confirmed shortly. Thanks, Samantha J. Massey Manager& Estimator, Contents Division 0 Sasser Companies, Inc 7237 Pace Drive I Whitsett, NC 27377 office (336) 449-1144 cell (336) 447-8239 website I map I email From: Kevin Sasser Sent:Thursday, February 14, 2019 10:02 AM To:Angel Barnes Cc:Samantha Massey Subject: Re: Emergency Services Remediation &Costs Thanks Angel. Samantha I will confirm the portion on the air scrubbers and test cuts if you will confirm the contents. Thanks, evlC in a:: ser kevin�2@sassercompanies.com/336-516-5140 Sas' lei companies 844-449-1144/336-449-1151 7237 Pace Drive I Whitsett,NC 27377 http://www.sassercompanies.com On Feb 14, 2019, at 9:59 AM, Angel Barnes <abarnes@orangecountync.gov>wrote: Hi Kevin &Samantha, My records indicate that the cleaning costs to date are: $39,239.01.There were an additional items picked up on 1/22/19. Does this number of$39,239.01 include those additional items? Please let me know so that we may get the contract routed, signed and this work invoiced right away. Secondly,there was other work in the building,for the air scrubbers, test cuts, etc... I'm showing this work to be a total of$98,359.53.This was revised on 12/16/18 and I wanted to confirm that this is the full amount owed before I issue the contract for this work. 3 DocuSign Envelope ID:22EED3BA-04CD-41 B5-9117-FB388DCB2C2D Once confirmed both numbers I will send over the contracts so that we can get this all sorted out and get you all paid up. Thank You, Angef Angel Barnes I Capital Projects Manager I Orange County Asset Management Services 1 131 West Margaret Lane Hillsborough, NC 27278 1 (919)245.2628 (direct) 1 (919) 610.8182 (mobile) I www.orangecountVnc.gov <image002.jpg> The information contained in this a-mail message and any attachments is confidential,and is intended only for the use of the party to whom it is addressed.If you are not the above-named intended recipient,or authorized to receive for the addressee,you are hereby notified that any dissemination,copying or disclosure of this communication is strictly prohibited.If you have received this communication in error,please notify Orange County Asset Management Services immediately by replying to this message or by telephoning 919.245.2628 and destroy this message and its attachments,without making any copy or distribution. 4 DocuSign Envelope ID:22EED3BA-04CD-41B5-9117-FB388DCB2C2D SASSCOM-01 OBA E ,d►C�►e�- CERTIFICATE OF LIABILITY INSURANCE DATE(M MID DIYYYYI 02107/2019 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 1S WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rig hts to the certificate holder in lieu of such endorsements). PRODUCER L€cense#1000009384 COOTNA ACT Hub International Carolinas PHONE FAx Hu Sox 9 A ,No,Ext:(336)228-0541 , No rc :(866)590-42-31 PO Burlington,NC 27216 E-MAIL INSURERS AFFORDING COVERAGE NAIC4 INSURER A:Selective Insurance Company of America 12572 INSURED INSURER B:Accident Fund General Insurance Company .12304 Sasser Companies Inc INSURER C: P 0 Box 10 INSURERD: 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 CONTRACTOR OTHER DOCUMENT VNTH 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 SURR POLICY NUMBER POLICY EFF POLICY EXPLTR L1AlrT5 A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 CLAIMS-MADE OCCUR S 2253759 0210112019 02/01/2020 DAMAGE TO RENTED 500,000 MED EXP(Any one arson $ 15,000 PERSONAL&ADV INJURY 1'000'000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE a 3,000,000 POLICY j LOC PRODUCTS-COMPIOP AGG 3,000,000 OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 x ANY AUTO S. 2253759 02/01/2019 02/01/2020 BODILY INJURY Per arson OWNED SCHEDULED AUTOS ONLY AUUTOOS E BODILY INJURY Per accident AUTOS ONLY AUTOS ONLY PerraceRldenl AMAGE S S A x UMBREI.I.A LFAB x OCCUR EACH OCCURRENCE 10,000,000 EXCESS LAB CLAIMS-MADE S. 2253759 02(01/2019 02/01/2020 AGGREGATE 10'000,000 QED I I RETENTION$ )S WORKERS COMPENSATION PER CTH- AND EMPLOYERS'LIABILITY YIN WCV6139124 02101/2019 02 O11202Q 1,000,000 � ANY PRO PRIETORIPARTNERIEXECUI IVE ❑ NIA E.L EACH ACCIDENT $ QFFIGERIM MBER EXCLUDED? 1'000,000 [Mandatory n NFL] E-L DISEASE-EA EMPLOYE $ If es describe under 11000,000 DESCRIPTION OF OPERATIONS below E.L.01SEASE-POLICY LIMIT $ I DESCRIPTION OF OPERATIONS I LOCATIONS 1 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,NC 27278 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) 01988.2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD