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Home My WebLink About2012-056 AMS - FloorChem Inc Flooring removan & replacement of Jail Kitchen renovation $6348�?o1 .2 -dsG ,q,rt s NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER $25,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 5th day of March, 2012 by and between Orange County, North Carolina (hereinafter the "Owner ") parry of the first part; and FloorChem, 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 Beginning and ending dates of contract: 3/5/2012 through 4/30/2012. The Project Commencement Date shall be 3/512012. 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: Six Thousand Three Hundred Forty Eight Dollars ($6,348.00) 3. SERVICES Contractor agrees to provide the following construction services (the "Work "): Provide flooring demolition and installation according to the attached proposal dated 10/14/2011. 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. 4. 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. 5. 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 Revised November 2011 1 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. 6. 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. 7. INSURANCE REQUIREMENTS Contractor shall obtain, at its sole expense, all insurance as required in the Owner's risk management policy and shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. Such insurance shall name the Owner as Additional Insured under both General Liability and Auto Liability policies. 8. INDEMNIFICATION Contractor agrees 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 related to the Work. It is the intent of this section to require Contractor to indemnify the Owner to the extent permitted under North Carolina law. 9. 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. 10. 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 Revised November 2011 7 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. 11. ENTIRE AGREEMENT The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it 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. 12. 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. IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. ORANGE COUNTY By Frank W. Clifto Manager 200 S. Cameron t. P.O. Box 8181 Hillsborough, NC 27278 CONTRACTOR BY /L Anita M. Bra F1oorChem, Inc. 200 Powell Drive, Suite 103 Raleigh, NC 27606 's instrument h been approved as to technical content. � _ Pam .Tones, partment Director This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. j A4<. Office of the Finance Officer This instrument has been approved as to legal form and sufficiency. 4�6�,UOA Office of the ounty Attorney Revised November 2011 1 FloorChem, Inc. 200 Powell Drive E -mail - floorchem @aol.com Suite 103 www.floorchem.com Raleigh, NC 27606 "A NC WBE Company" Phone: 919 - 854 -9776 October 14, 2011 RE: Orange Co Jail — Kitchen Flooring The following is a proposal for installing the flooring in the above facility. Specifications are as follows: Owner to: 1. Disconnect equipment and move from space 2. Remove dry goods from pantry area and wares from kitchen as needed F1oorChem, Inc. to: Clad Floor — nominal ' /a" trowel down floor system 1. Remove existing VCT and clean metal grate over grease trap 2. Diamond grind floors to remove VCT glue, clean and profile for new coatings 3. Vacuum clean to remove dust and debris 4. Repair joints and/or cracks with flexible joint filler, membrane as needed 5. Install 4" cove base on wall perimeter with termination strips on top of base 6. Apply trowel mix coat at a nom. 3/16" thick of "ucrete" urethane /concrete /aggregate blend 7. Install full broadcast coat at a nominal 1/16" thick for a consistent finish while "ucrete" is still wet 8. Apply grout / seal coat of high solids clear urethane 9. Apply top /seal coat of high solids clear urethane for a non slip finish Price quote for above will be $ 6,348.00 Special Notes Please Read Conditions ► Floors must cure for 24 hours before any equipment, furniture and 48 hours for automobile traffic is moved back on to the floors. This is very important and if not followed, will void warranty. ► Site will need adequate lighting for floors to be installed. This should be the same lighting when floor is to be inspected. Also adequate power will be needed to operate certain equipment. ► If work is performed in cold weather, then slab must be a minimum of 55° F at installation. ► If removal of existing floor covering, such as carpet, vinyl or ceramic tile, is required, then the owner or GC is responsible for supplying a dumpster for disposal of such materials. Warranties ► Workmanship will be guaranteed for one (1) year after date of completion on all floors. Terms ► Payment terms are net 20 please, upon completion of work. Service charges will apply to past due invoices. Excessive delay of payment will void all warranties. If further information is needed, please do not hesitate to call on me. Respectfully Submitted, Arita M. Brack Owner Hc.,urtu �+tK �NGATE OF LIABILITY INSURANCE DATE27 /2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER ?TH S012 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 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 NAME: Sue Alford John Hackney Agency of Rocky Mount PHONE 252.442.3186 AX 950 Country Club Road A/c, No. E.11: ADDRESS: sal ford @jharm. com (A/C NO):252.451.9400 P. 0. Box 7807 INSURER(S) AFFORDING COVERAGE NAIC # Rocky Mount, NC 27804 -0807 INSURER A: Selective Ins. Co.of Southeast 39926 200 Powelll l Dr. INSURED F oorc eInc. INSURER B: Hartford Accident & Indemnity 22357 Suite 103 INSURER C: INSURER D: Raleigh, NC 27607 INSURER E: INSURER F : Cf]VFROrFS rcorlrinw�rr•.uu�.��.- ._��i.�. _ .... .. . �...,•... ...., ....., vow RCV10"IY IVVIVIOCK: 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. LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM/DD/YYYY -POLICY EXP_ (MM /DD/YYYY) LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X X 52002943 11/01/2011 11/01/2012 EACH OCCURRENCE $ 11000, 000 PREMISES (Ea occurrence) $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO- JECT LOC PRODUCTS - COMP /OP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X AUTOS NED AUTOS X S2002943 11/01/2011 11/01/2012 (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY Per accident ( ) $ (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X 52002943 11/01/2011 11/01/2012 EACH OCCURRENCE $ 11000,000 AGGREGATE $ 11000,000 DED X RETENTION $ 0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN N ANY OFFICER/MEM ER EXCLUDED? ECUTIV� N/A X 22WBCEG1705 11/01/2011 11/01/2012 - TORY LIMITS ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Ref: Orange County Jail Renovations RECD F E B 2 9 2012 v �atse -ZVT GUKU GVKPUKATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of RD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Orange County NC AUTHO REPRESENTATIV 200 S. Cameron Street P.O. Box 8181 Hillsborough, NC 27278 v �atse -ZVT GUKU GVKPUKATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of RD