HomeMy WebLinkAbout2020-023-E AMS - Sasser Companies SW conference room remediation
Revised 11/19
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[Departmental Use Only]
TITLE SW Roof Replace
FY 2019-20
NORTH CAROLINA
CONSTRUCTION AGREEMENT OVER $50,000.00
ORANGE COUNTY
THIS CONSTRUCTION AGREEMENT (hereinafter called “Agreement”), made as of the 13th day of
January, 2020, 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”).
W I T N E S S E T H:
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 (Sheet dated )
b. Written specifications prepared by the Designer.
c. Sasser Companies, Inc. proposal dated December 17, 2019 which fully describes the work to
be performed, such work (hereinafter called the “Work”).
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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 April 17, 2020.
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 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.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.
f. If activities related to the performance of this Agreement require specific licenses,
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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.
l. The Contractor shall obtain all necessary permits including all permits required to complete the
Work in compliance with local, state, and/or federal law.
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 Two Hundred Eighty One Thousand Three Hundred Twenty Four Dollars
($281,324.00). 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 PO Box 8181,
Hillsborough, NC 27278 and shall show substantially the value of work done during
the previous calendar month.
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(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 (2½%).
(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 (as
determined by the County) 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
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.
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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: A. Barnes Attn: 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 party 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
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.
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e. The County has designated (Angel Barnes) to act as the County's representative with respect to
the Project 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.
f. 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:
By: _________________________________
Bonnie Hammersley, County Manager
By: __________________________________
Kevin Sasser, President
Printed Name and Title
DocuSign Envelope ID: 255543A4-9671-40CE-B2D7-01BAE39CF353
Phone: (336)449-1144 PO Box 10, Whitsett NC 27377 Fax: (336)449-1151
www.SASSERCOMPANIES.com
Orange County Solid Waste
1514 Eubanks Rd
Chapel Hill, NC 27516
December 17, 2019
Dear Ms. Barnes,
Thank you for the opportunity to provide you with a proposal for mold remediation and repairs
at the Orange County Solid Waste building. The project is generally described as a mold
remediation of the training room and associated repairs including a complete roof replacement
of the entire building (metal roof 8,710 square feet, low slope 5,300 square feet).
The attached description will detail all items included in our scope of work.
This work will be performed for the total investment of ………………………….... $281,324.00.
Thank you,
Kevin Sasser
President
Office (336) 449-1144
Cell (336) 516-5140
kevin2@sassercompanies.com
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GENERAL CONDITIONS
x Permits ($2,000.00 Allowance)
x Site Supervision
x Debris removal and disposal
x Temporary toilet
x Clean-up
MICROBIAL REMEDIATION
x We include removal of the carpet in the training room. Demolition of drywall, insulation
and trim at the back wall of the training room and part of the ceiling that has been
affected by water. We include removal of the affected fabric sound panels at the back of
the room as well. Microbial remediation of the entire training room will include a clean
and HEPA vacuum of all surfaces and contents in the room to inc lude the ceiling mounted
projector. Duct cleaning and Post Remediation Verification Testing is also included. All
work will be performed in accordance with Targeted Indoor Environmental Air Quality
Assessment dated 12/10/19 and IICRC S520 Standards.
ROUGH FRAMING
x We have included an allowance of $5,000.00 for rot repairs that may be uncovered during
demolition of the roof and training room.
DRYWALL & INSULATION
x We include installing new batt insulation in the walls and ceiling where it is removed
during the remediation.
x 5/8” drywall will be replaced where removed and finished ready for paint.
FINISH CARPENTRY
x We include replacing the 1x6 window casings and trim boards on the back wall of the
training room that are removed for the remediation.
PAINTING
x We include sealing and painting all new drywall and trim, painting of the entire training
room drywall and trim.
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FLOORING
x We include floor preparation and replacement of the carpet tiles in the training room. We
have included a $20/sy allowance for the carpet tiles (to be selected by owner)
ACOUSICAL PANELS
x We include fabricating and installing six (6) new sound panels on the back wall of the
training room. Panels will be Alphasorb 1’ thick square edge construction with fabric to
match the existing panels.
ELECTRICAL
x We include detaching and resetting the ceiling light fixtures and projector as required to
complete the demolition and mold remediation.
SMOKE DETECTOR
x We include detaching and resetting one (1) existing smoke detector head that is in the
area of the drywall demolition.
ROOF REPLACEMENT
x Engineered drawings for metal roof replacement and low slope roof replacement
x Metal roof repairs to include removal of the existing R-panel roof system. Apply a high
temperature ice and water shield. Fabricate and install 24-gauge drip edge. Fabricate and
install 24-gauge galvalume S-2000 metal roof panels. Fabricate and install 24-gauge gable
trim and high eve flashing trim. Fabricate and install Z-closures as needed. (40-year finish
warranty and a 20-year weathertight warranty)
x Low slope repairs include removal of the existing membrane and insulation. Installation
of new R-30 insulation board. Install a fully adhered .36 mil FiberTite membrane. (20-year
Warranty)
x Existing gutters and fascia to be inspected and remain in place. In the event that the
gutters have to be removed they will be protected and reinstalled.
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DocuSign Envelope ID:255543A4-9671-40CE-B2D7-01BAE39CF353
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 EAx
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 0210112020 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