The URL can be used to link to this page

Home My WebLink About2019-225-E Solid Waste - Sasser SW building remediation DocuSign Envelope ID:C7673813-78BB-49E4-8798-OOA749FF7321 NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 15th day of April, 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"), 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: April 15, 2019 through December 31, 2019. The Project Commencement Date shall be on or after April 15, 2019 . Dollar Amount Not to Exceed: Eigtheen Thousand Three Hundred Twenty-Six Dollars ($18,326.00) 2. SERVICES Contractor agrees to provide the following construction services (the "Work"): Provide and install new flooring for the Library room located at the Solid Waste Administration building located at 1207 Eubanks Road, Chapel Hill, NC 27516 per proposal dated January 24, 2019 attached hereto as Attachment A. Pricing includes all items necessary to remediate and replace flooring including removal of flooring, remediation of mold, sheathing, flooring, installation of replacement flooring and rental of air scrubber. 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 Revised 12/18 1 DocuSign Envelope ID:C7673813-78BB-49E4-8798-OOA749FF7321 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. 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 Revised 12/18 2 DocuSign Envelope ID:C7673813-78BB-49E4-8798-OOA749FF7321 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 AND OWNER'S REPRESENTATIVE 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. The County has designated(Robert Williams, Solid Waste Director)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.oran ec�ouni nc. o�partments/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 Revised 12/18 3 DocuSign Envelope ID:C7673813-78BB-49E4-8798-OOA749FF7321 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 hlt2://www.oranaecogRtnc.gov/departments/Turchasing 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 DocuSigned by: DocuSigned by: B �6lnJVt.t' YS By I& SoLa President Co--- _0 379946755E477.. SaS; 96C3E3752C884EF . C 200 S. Cameron St. PO Box 10 P.O. Box 8181 Whittset,NC Hillsborough,NC 27278 27377 Revised 12/18 4 DocuSign Envelope ID:C7673813-78BB-49E4-8798-OOA749FF7321 .,aasse� Sasser Companies PO Box 10 Whitsett NC 27377 Insured: OC-Solid Waste Library Property: 1514 Eubanks Rd Chapel Hill,NC 27516 Estimator: Jason Hayes Business: (336)449-1144 Company: Sasser Companies E-mail: jason@sassercompanies.com Billing: P.O Box 10 Whitsett,NC 27377 Contractor: Business: (336)449-1144 Company: Sasser Companies Business: PO Box 10 Whitsett,NC 27377 Claim Number: Policy Number: Type of Loss: <NONE> Date of Loss: Date Received: Date Inspected: Date Entered: 1/24/2019 2:37 PM Price List: NCCP8X_JAN19 Restoration/Service/Remodel Estimate: OC SOLIDWASTE-REVISE DocuSign Envelope ID:C7673813-78BB-49E4-8798-OOA749FF7321 .,aasse� Sasser Companies PO Box 10 Whitsett NC 27377 OC SOLIDWASTE-REVISE Main Level Library Height: 10'5" Window 11'9"X 3'9" Opens into Exterior Window 2' 10"X 3'9" Opens into Exterior Door 2'8"X 6'8" Opens into Exterior DESCRIPTION QTY UNIT PRICE TOTAL 1. R&R LVP(Luxury Vinyl Plank)Flooring 324.49 SF @ 9.22= 2,991.80 Mohawk Group-Hot&Heavy Grown Up LVP flooring to be installed 2. R&R Sleepers/underlay over concrete 2"x 4" sleepers 324.49 SF @ 1.88= 610.04 New sleepers to adjust the subfloor to the proper elevation to receive the new LVP flooring instead of hardwoods. 3. R&R Sheathing-plywood-3/4"-treated 324.49 SF @ 2.83 = 918.30 4. Waterproof concrete&masonry paint 324.49 SF @ 1.26= 408.86 5. Commercial Supervision/Project Management-per hour 40.00 HR @ 56.55= 2,262.00 6. Hazardous Waste/Mold Cleaning-Supervisory/Admin-per hour 24.00 HR @ 72.35= 1,736.40 7. Neg.air fan/Air scrub.-XLrg(per 24 hr period)-No monit. 3.00 DA @ 140.00= 420.00 Air scrubber use during demolition and remediation. 8. Add for HEPA filter(for neg. air machine/vacuum-Large) 2.00 EA @ 242.62= 485.24 One filter to be used during remediation. Second filter to be changed before the PR testing. 9. HEPA Vacuuming-Light-(PER SF) 2,734.68 SF @ 0.37= 1,011.83 Vacuuming walls, ceiling and floor 10. Add for HEPA filter(for canister/backpack vacuums) 3.00 EA @ 52.62= 157.86 11. Containment Barrier/Airlock/Decon.Chamber 42.00 SF @ 0.83= 34.86 12. Peel&seal zipper-heavy duty 2.00 EA @ 14.67= 29.34 13. Neg.air fan/Air scrub.-XLrg(per 24 hr period)-No monit. 101.00 DA @ 30.00= 3,030.00 Long term air scrubber rental. Set on 1119119. Estimated rental runs through April 30, 2019. 14. Add for HEPA filter(for neg.air machine/vacuum-Large) 1.00 EA @ 242.62= 242.62 For long term air scrubber rental 15. Carbon vapor filter(for air scrubber)-24"x 24" 1.00 EA @ 102.62= 102.62 For long term air scrubber installed due to odor. 16. Dumpster load-Approx.20 yards,4 tons of debris 1.00 EA @ 450.00= 450.00 Post Remediation Verification Testing by Others OC_SOLIDWASTE-REVISE 4/9/2019 Page:2 DocuSign Envelope ID:C7673813-78BB-49E4-8798-OOA749FF7321 .,aasse� Sasser Companies PO Box 10 Whitsett NC 27377 Grand Total Areas: 1,023.27 SF Walls 353.89 SF Ceiling 1,377.16 SF Walls and Ceiling 353.89 SF Floor 39.32 SY Flooring 107.13 LF Floor Perimeter 0.00 SF Long Wall 0.00 SF Short Wall 109.80 LF Ceil.Perimeter 353.89 Floor Area 385.43 Total Area 1,023.27 Interior Wall Area 722.15 Exterior Wall Area 78.74 Exterior Perimeter of Walls 0.00 Surface Area 0.00 Number of Squares 0.00 Total Perimeter Length 0.00 Total Ridge Length 0.00 Total Hip Length OC_SOLIDWASTE-REVISE 4/9/2019 Page: 3 DocuSign Envelope ID:C7673813-78BB-49E4-8798-OOA749FF7321 .,aasse� Sasser Companies PO Box 10 Whitsett NC 27377 Summary for Dwelling Line Item Total 14,891.77 Material Sales Tax 379.15 Subtotal 15,270.92 Overhead 1,527.09 Profit 1,527.09 Replacement Cost Value $18,325.10 Net Claim $18,325.10 Jason Hayes OC_SOLIDWASTE-REVISE 4/9/2019 Page:4 DocuSign Envelope ID:C7673813-78BB-49E4-8798-OOA749FF7321 SASSCOM-01 DEIAKER ,d►C�►e�- CERTIFICATE OF LIABILITY INSURANCE DATE{MMI°DIYYYYJ 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 License#1000009384 Co NA TncT Hub International Carolinas PHONE FAx PO Box 939 Arc,No,Ft):(336)228-0541 wc,No:(868)590-4281 Burlington,NC 27216 E--MAIL INSURERS AFFORDING COVERAGE NAICR _ 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 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 SUER POLICY NUMBER POLICY EFF POLICY EXPLTR L1AIrT5 A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE l "I OCCUR S 2253759 0210112019 02/01/2020 DAMAGE TO RENTED $00,000 MED EXP(Any one arson s 15,000 PERSONAL&ADV INJURY 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE a 3,000,000 POLICY PE OT LOG PRODUCTS-COMPIOP AGG 3,000,000 OTHER: A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 x ANY AUTO S 2253759 02/01/2019 02/01/2020 BODILY INJURY Per arson OWNED SCHEDULED AUTOS ONLY AUTOS E BODILY INJURY Per accident AUTOS ONLY Al]TOS ONLY Pea'.'; nt AMAGE S S A )C UMRRELLA UAB x OCCUR EACH OCCURRENCE 10,000,000 EXCESS UAB CLAIMS-MADE S 2253759 02(01/2019 02/01/2020 AGGREGATE 10,000,000 QED RETENTION$ 13 WORKERS COMPENSATION PER 07H 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 andatory�n NFi] E-L DISEASE-EA EMPLOYE $ Ifyes,describe under 11000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE"-POLICY LIMIT $ I DESCRIPTION OF OPERATIONS I LOCATIONS r 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(2018103) 01988.2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD