The URL can be used to link to this page

Home My WebLink About2019-712-E AMS - Sasser Companies Inc SDC containmentRevised 12/18 1 NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER $50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter “Agreement”), is made and entered into this 3rd day of October, 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; W I T N E S S E T H: 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: October 3, 2019 through December 31, 2019. The Project Commencement Date shall be October 3, 2019. Dollar Amount Not to Exceed: Five Thousand Dollars ($5000.00) 2. SERVICES Contractor agrees to provide the following construction services (the “Work”): Provide labor and materials to perform an initial inspection, containment and decontamination of the air with scrubbers per proposal prepared for Orange County Skills Center dated October 2, 2019. 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 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. DocuSign Envelope ID: 804E2551-FAD0-44F8-8029-86C6E3744306 Revised 12/18 2 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.orangecountync.gov/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. 8. NON-ASSIGNMENT AND OWNER’S REPRESENTATIVE DocuSign Envelope ID: 804E2551-FAD0-44F8-8029-86C6E3744306 Revised 12/18 3 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 (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.orangecountync.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 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 DocuSign Envelope ID: 804E2551-FAD0-44F8-8029-86C6E3744306 Revised 12/18 4 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.orangecountync.gov/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 11A 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 By _________________________ By ________________________________ County Manager Sasser Companies, Inc 200 S. Cameron St. Kevin Sasser, Owner P.O. Box 8181 PO Box 10 Hillsborough, NC 27278 Whitsett, NC 27377 DocuSign Envelope ID: 804E2551-FAD0-44F8-8029-86C6E3744306 Revised 12/18 5 ORANGE COUNTY—DEPARTMENT USE ONLY ______________________________________________________________________________ Party/Vendor Name: Sasser Companies, Inc Party/Vendor Contact Person: Kevin Saser (kevin2@sassercompanies.com) Contact Phone: 336-449-1144 Party/Vendor Address: PO Box 10 City Whitsett State: NC Zip: 27377 Department: AMS Amount: Not to Exceed $5000.00 Purpose: Containment at Skills Development Center at 503 West Franklin Street, Chapel Hill NC Budget Code(s): 61370035-882000-30002 Vendor # 65006 (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date 10/03/2019 Approved by Board Yes No Agenda Date: 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: Department Director’s Signature ________________________________________ Date: ________ Agreements for emergency services or repair are not subject to the above affirmation. If services related to this agreement have already begun or been completed please briefly describe the nature of the emergency condition that was addressed: This work started on 10/1/2019 with prior authorization from Travis Myren to Alisa Cornetto due to the high counts of the air results returned. The rooms tested had to be contained to ensure no exposure to the staff or occupants within the building. 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 Received for record retention: All Docusign contracts must be copied to Sherri Ingersoll upon completion: singersoll@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: 804E2551-FAD0-44F8-8029-86C6E3744306 Revised 12/18 6 DocuSign Envelope ID: 804E2551-FAD0-44F8-8029-86C6E3744306 Phone: (336)449-1144 PO Box 10, Whitsett, NC 27377 Fax: (336)449-1151 www.SASSERCOMPANIES.com Sasser Companies Restoration & Remediation Specialists 7237 Pace Drive Whitsett, NC 27377 Phone: 336-449-1144 Fax: 336-449-1151 Member Restoration Industry Association IICRC Certified Firm Proposal Prepared for: Orange County Skills Center 503 West Franklin Street Chapel Hill, NC 27516 DocuSign Envelope ID: 804E2551-FAD0-44F8-8029-86C6E3744306 Phone: (336)449-1144 PO Box 10, Whitsett, NC 27377 Fax: (336)449-1151 www.SASSERCOMPANIES.com 2 October 2019 Attention: Mrs. Angel Barnes & Mrs. Alisa Cornetto Re: Not to exceed proposal for the Orange County Skill Center Qualifications of Investigator & Report Preparer: Joe Hedrick Bachelors of Science Business Administration Institute of Inspection, Cleaning & Restoration Certification (IICRC) – Registration # 150719 Applied Microbial Remediation Technician Applied Microbial Remediation Supervisor Odor Control Technician Fire & Smoke Restoration Technician Water Damage Restoration Technician Applied Structural Drying Technician Subfloor and Substrate Inspector Carpet Cleaning Technician Color Repair Technician Upholstery and Fabric Cleaning Technician Health and Safety Equivalent Repair Reinstallation Technician Trauma and Crime Scene Master Water Restorer Master Textile Restorer Master Fire & Smoke Restorer EPA/NC Certified Renovator – NC Renovator Certification #170593 8-Hour Lead Renovation, Repair & Painting Course American Council for Accredited Certification (ACAC) – Certification # 1703006 Certified Indoor Environmentalist South Carolina Department of Health and Environmental Control (SCDHEC) Asbestos Inspector/Consultant- Certification #BI-01837 Asbestos Supervisor- Certification #SA-03022 North Carolina Department of Health and Human Services (NCDHHS) Asbestos Inspector- Certification #13139 Asbestos Worker- Certification #74836 Occupational Safety and Health (OSHA) OSHA 10 for General Industry & OSHA 10 for Construction Industry OSHA 30 Subrogation certified – Level 1 & Level 2 Xactimate Level 1 & 2/T&M Pro Certification Course DocuSign Envelope ID: 804E2551-FAD0-44F8-8029-86C6E3744306 Phone: (336)449-1144 PO Box 10, Whitsett, NC 27377 Fax: (336)449-1151 www.SASSERCOMPANIES.com Background Information: On Tuesday 1 October 2019, Sasser Companies was asked to respond to the Orange County Skills Center, located at 503 West Franklin Street Chapel Hill, NC 27516. This property was inspected the week prior by Sasser Companies staff, including minor testing, ultimately recommending contacting the Environmental Solutions Group for determining the levels of microbial contamination Proposal/Not to Exceed: The following is a proposal and not to exceed for the following: ¾ Initial Inspection ¾ Asbestos and Micro sampling with lab results ¾ Follow up inspection on Tuesday 1 October 2019. ¾ Setting of containments with zippers ¾ The placement of two (2) 500 air scrubbers ¾ The follow up inspection to ultimately remove the air scrubbers ¾ Decontamination of the air scrubbers ¾ The replacement of two (2) HEPA filtration devices on the air scrubbers ¾ The equipment rental through Friday 11 October 2019. PROPOSAL: Sasser Companies is prepared to complete all the above listed work within the “Proposal/Not to Exceed” section for the price of $5,000.00. Special Note: The above listed price is for the items within the “Protocol/Proposal” section of this document only. Any additional work, demolition, containments, extended rental time, remediation activities, debris disposal, and post remediation verification charges will be part of a separate proposal, provided when requested. PERSONAL PROTECTIVE EQUIPMENT It is the responsibility of every member of the remediation team to ensure they and all members are in the appropriate level of personal protective equipment as required by OSHA and Sasser Companies. N-95 masks and protective gloves has been confirmed to be adequate levels of personal protective equipment at this point per the direction of Dan Whitaker of the Environmental Solutions Group. DocuSign Envelope ID: 804E2551-FAD0-44F8-8029-86C6E3744306 Phone: (336)449-1144 PO Box 10, Whitsett, NC 27377 Fax: (336)449-1151 www.SASSERCOMPANIES.com Limitations: The inspection performed and proposal are specific to the moisture issues present within the affected area of the building and the findings/recommendations from the Environmental Solutions Group. Sasser Companies appreciates the opportunity to have provided you with a proposal for the above listed/requested services. Should you or anyone else have any further questions, comments, or concerns, please contact us directly. We are happy to discuss any further restoration or remediation that might be necessary at your property. Respectfully Submitted, Joe Hedrick joe@sassercompanies.com / Cell: 336-214-0673 Sasser Companies Office: 844-449-1144 / Fax: 336-449-1151 7237 Pace Drive | Whitsett, NC 27377 http://www.sassercompanies.com DocuSign Envelope ID: 804E2551-FAD0-44F8-8029-86C6E3744306 DocuSign Envelope ID: 804E2551-FAD0-44F8-8029-86C6E3744306